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Documents citing State Of Gujarat vs Kailashchandra Badriprasad on 21 July, 2000

Harishbhai Chunibhai Patel Through Poa ... vs State Of Gujarat on 14 June, 2023

12.1. In the present case, except for filing of the complaint, the complainant had chosen not to participate in the proceeding and matter has remained pending at the stage of issuance of summons. The Court has almost invested three precious years in the judiciary. The explanation offered by the complainant of traveling abroad frequently and not remaining in contact with the advocate reflects the sheer negligence of the complainant towards the Court proceedings, which does not deserve any liberal view. So far as reliance placed by the learned advocate for the appellant on the decision of the Full Bench in the case of Kailashchandra Badriprasad (supra) is concerned, it is true that once leave to appeal is granted the Court having noticed prima facie case, then appeal is required to be admitted. However, in the present case, the Court had issued notice for final disposal calling upon the parties to decide the appeal finally. Learned advocates appearing for the respective parties have proceeded to conduct the appeal at the admission stage itself. In such circumstances, the reliance being made by the learned advocate of the appellant on the aforesaid decision Page 13 of 19 Downloaded on : Tue Jun 20 20:33:09 IST 2023 R/CR.A/1888/2019 JUDGMENT DATED: 14/06/2023 is nothing but an attempt to prolong the hearing of the present appeal. Even otherwise, from the record it transpires that the learned advocate has shown his disinclination in conducting the appeal by choosing to remain absent on a few occasions though this Court had issued notice for final disposal. In my view, with the circumstances emerging on record no error could have been attributed to the learned Magistrate in dismissing the complaint by invoking powers under Section 256 of the Code of Criminal Procedure.
Gujarat High Court Cites 15 - Cited by 0 - Full Document

Michael Gabriel vs Dattaram Kashiram Ambre And Ors on 9 December, 2020

In my considered view, although the decision in Mamta Kale page 9 of 10 ::: Uploaded on - 18/12/2020 ::: Downloaded on - 09/02/2021 20:32:25 ::: 2-wp-11726-19 the case of Sharadchandra Dongre (supra) of the Supreme Court and that of the Full Bench of the Gujarat High Court in Kailashchandra Badriprasad (supra) have been rendered in the context of launching of the prosecution and the condonation of delay in filing an appeal against acquittal respectively, the ratio would apply to the present case also.
Bombay High Court Cites 6 - Cited by 0 - C V Bhadang - Full Document

Vishal Gopal Gohel (Authorised Person ... vs State Of Gujarat on 19 January, 2021

In may be noted that in case of State of Gujarat Vs. Kailashchandra Badriprasad, reported in 2000 (3) GLR 2487, the Full Bench has observed as under:­ "41. It goes without saying that the Limitation Act, 1963 applies in filing criminal appeals or applications and in case of delay, the application is required to be preferred for condonation of delay.
Gujarat High Court Cites 4 - Cited by 0 - B M Trivedi - Full Document

Rameshbhai Shankerbhai Patel vs State Of Gujarat on 9 January, 2023

Considering the decision in the case of State of Gujarat Vs. Kailashchandra reported in 2000(3) GLR 2487, the present appeal is admitted. Learned Additional Public Prosecutor Ms. Patel, Page 2 of 3 Downloaded on : Sun Sep 17 20:38:18 IST 2023 NEUTRAL CITATION R/CR.MA/6820/2022 ORDER DATED: 09/01/2023 undefined waives service of notice of admission on behalf of respondent- State Issue bailable warrant in sum of Rs.10,000/- against the private respondent-accused.
Gujarat High Court Cites 2 - Cited by 0 - Full Document
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