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Judgements without assigned author

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High Court

Gujarat High Court Dismisses State's Revision in Essential Commodities Act Confiscation Case — Reduction of Confiscation from 50% to 15% Upheld. Appellate court's proportionate reduction of confiscation under Section 7 of Essential Commodities Act, 1955, not interfered with in revisional jurisdiction....

The State of Gujarat filed a criminal revision application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, challenging the judgment and order dated 24.04.2013 passed b...

High Court

Gujarat High Court Quashes FIR in Atrocities Act Case Due to Lack of Public View and Intent to Humiliate. Alleged Caste-Based Insult in Private House Not Covered Under Section 3(1)(10) of SC & ST (Prevention of Atrocities) Act, 1989....

The present application was filed by the applicants (original accused) under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of FIR No. I-C.R. No.72 of 2014 registered with Kadi...

High Court

Gujarat High Court Quashes FIR in Atrocities Act Case Due to Lack of Public View and Counterblast Nature. Alleged Offence Under Section 3(1)(10) of SC/ST Act Fails as Incident Occurred in Private Setting and Was Motivated by Prior Litigation Under Section 138 NI Act....

The present application was filed by the applicants (original accused) under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of FIR registered with Kadi Police Station, District...

High Court

Gujarat High Court Allows Appeal for Enhanced Compensation in Motor Accident Claim — Negligence of Tempo Driver Upheld, Income of Deceased Reassessed at Rs.7,500 per Month. The Court applied principles of future prospects and multiplier as per Pranay Sethi and Sarla Verma, enhancing compensation from Rs.6,37,200 to Rs.13,76,600....

The present appeal was filed under Section 173 of the Motor Vehicles Act, 1988, by the original claimants (appellants) being aggrieved by the judgment and award dated 08.10.2014 passed by the Motor Ac...

High Court

Gujarat High Court Allows Appeal in Motor Accident Claim Case Due to Non-Service of Notice on One Respondent — Remands Matter for Fresh Adjudication on Merits. The court held that the Motor Vehicles Act, 1988 is a benevolent legislation and the claim petition should not be rejected solely because one respondent was not served, especially when the insurance company was contesting the claim....

The case arises from a motor accident claim petition filed by Narshibhai Naranbhai Chamundiya (since deceased, represented by his heirs) seeking compensation of Rs.3,00,000/- for injuries sustained in...

High Court

Gujarat High Court Acquits Accused in Outraging Modesty Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Sections 354 and 323 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The applicant, Bhavanbhai Laxmanbhai Pagi, was convicted by the Judicial Magistrate First Class, Modasa, in Criminal Case No.891 of 1997 for offences under Sections 354 and 323 of the Indian Penal Cod...

High Court

Gujarat High Court Quashes Criminal Proceedings in Forgery Case Due to Civil Dispute and Lack of Prima Facie Case — Partnership Deed Dispute Not Criminal in Nature....

The applicant, Kalpeshkumar Ramanbhai Patel, filed a criminal revision application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, challenging the judgment and order d...

High Court

Gujarat High Court Allows Appeal in Motor Accident Claim Case Due to Incorrect Multiplier and Omission of Future Prospects. Compensation Enhanced from Rs. 3,99,000 to Rs. 5,23,600 for Death of 25-Year-Old Self-Employed Farmer Under Motor Vehicles Act, 1988....

The case arises from a motor accident claim petition filed by the legal heirs of the deceased, Sureshbhai Patel, who died in a road accident on 21.09.2008. The claimants, being the widow and children,...

High Court

Gujarat High Court Quashes Restraint Order Against Educational Institution in Fee Dispute — Violation of Natural Justice. Institution restrained from admitting students for charging excess fees without proper hearing; court holds that such orders must comply with principles of natural justice and be preceded by adequate opportunity of hearing....

The petitioner, Asia Pacific Institute of Hotel Management, filed a Special Civil Application under Article 226 of the Constitution of India before the High Court of Gujarat at Ahmedabad, challenging ...

High Court

High Court of Gujarat Enhances Compensation in Motor Accident Claim — Apportionment of Liability Between Tortfeasors Under Motor Vehicles Act, 1988. The court held both drivers jointly and severally liable as joint tortfeasors and enhanced compensation by considering future prospects and increasing interest rate....

The present appeal was filed under Section 173 of the Motor Vehicles Act, 1988, by the original claimants, being aggrieved and dissatisfied with the judgment and award dated 29th November 2013 passed ...

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