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Judgements without assigned author

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High Court

Gujarat High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased was travelling in a Matador that collided with a truck; court found contributory negligence on part of Matador driver and reduced insurer's liability by 50%....

The case arises from a motor accident that occurred on 16.01.2003, when a Matador bearing registration No.GJ-1TT-9663, in which the deceased Manishbhai was travelling, collided with a truck driven by ...

High Court

Gujarat High Court Quashes FIR in Dowry Death Case Due to Lack of Proximity and Mental Illness of Deceased — Sections 498-A and 306 IPC Not Made Out as Husband Was Abroad at Time of Suicide. The court held that for abetment of suicide under Section 306 IPC, there must be a direct act of instigation or proximity, and in the absence of any evidence that the husband instigated or was present, the FIR was quashed....

The present application was filed by Bharatbhai Nagabhai Modhwadiya under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. CR-1 16 of 2018 registered with Bagavadar Pol...

High Court

Gujarat High Court Allows Appeal in Motor Accident Claim Case Due to Incorrect Multiplier Application. Multiplier of 18 Applied for Deceased Aged 25 Years Under Motor Vehicles Act, 1988, Enhancing Compensation from Rs.1,92,158 to Rs.5,23,600....

The case arises from a motor accident claim petition filed by the legal heirs of Haribhai Panchal, who died in a road accident on 26.02.1995. The deceased, aged 25 years, was a self-employed person ea...

High Court

Gujarat High Court Allows Appeal and Enhances Compensation in Motor Accident Claim Case Due to Erroneous Deduction of Personal Expenses. Tribunal's deduction of 1/3rd towards personal expenses for a bachelor was incorrect; 50% deduction applied as per Sarla Verma guidelines, and future prospects added....

The present appeal arises from a judgment and award dated 14.12.2009 passed by the Motor Accident Claims Tribunal (Aux), Patan in MACP No.5400 of 2002 (Old No.219 of 1995). The claimants, being the le...

High Court

High Court of Gujarat Dismisses State Appeal Against Acquittal in Electricity Theft Case — Failure to Prove Theft Beyond Reasonable Doubt. Accused Acquitted Under Section 135(1) of Indian Electricity Act, 2003 as Prosecution Failed to Establish Illegal Connection and Theft of Electricity....

The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973, against the judgment and order of acquittal dated 07.07.2012 passed by the learned Special Judge and 3rd...

High Court

High Court of Gujarat Dismisses State Appeal Against Acquittal in Electricity Theft Case — Failure to Prove Theft Beyond Reasonable Doubt. Acquittal upheld as prosecution failed to establish illegal connection and theft of electricity under Section 135(1) of the Indian Electricity Act, 1910....

The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 07.07.2012 passed by the learned Special Judge and 3rd ...

High Court

Gujarat High Court Quashes GST Demand Order for Violation of Natural Justice — Petitioner Denied Adequate Opportunity of Hearing Under Section 75(4) of CGST Act, 2017. Show-cause notice was replied but no personal hearing granted before passing ex-parte order....

The petitioner, Shree Gurukrupa Tradelink Private Limited, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 31.12.2023 passed by the respondent authoriti...

High Court

Gujarat High Court Allows Appeal and Remands Motor Accident Claim for Reconsideration Due to Ignored Evidence. Nexus between accident and injuries not properly examined by Tribunal....

The appellant, Gulam Gos Hussainbhai Sumra, filed a first appeal against the judgment and award dated 10.12.2009 passed by the Motor Accident Claims Tribunal (Aux), Jamnagar, in Motor Accident Claim P...

High Court

Gujarat High Court Quashes FIR in Land Excavation Dispute for Lack of Criminal Breach of Trust and Cheating Ingredients. Allegation of digging beyond permitted depth fails to establish entrustment under Section 405 IPC or deception under Section 415 IPC....

The applicant, Tarunbhai Manubhai Patel, filed a criminal miscellaneous application under Section 482 CrPC seeking quashing of FIR CR-I No. 40 of 2013 registered with Jetpur Police Station, Vadodara, ...

High Court

Gujarat High Court Dismisses State Appeal Against Acquittal in NDPS Case Due to Non-Compliance with Mandatory Provisions. Failure to comply with Sections 42 and 50 of NDPS Act regarding search and seizure renders trial vitiated....

The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973, against the judgment and order of acquittal dated 21.04.2008 passed by the learned Additional Sessions J...

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