Gujarat High Court

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High Court of Gujarat Allows Appeal in Contract Dispute — Remands for Fresh Trial Due to Improper Issue Framing. Trial court's failure to frame proper issues and appreciate evidence regarding delay in construction contract warrants remand for fresh adjudication of suit and counterclaim....

The present first appeal arises from a judgment and decree dated 8th March 2000 passed by the learned Second Joint Civil Judge (SD), Kachchh at Bhuj, in Special Civil Suit No.210 of 1991. The appellan...

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High Court of Gujarat Allows Appeal in Contract Dispute — Remands Case for Fresh Consideration of Counterclaim Due to Violation of Natural Justice. Failure to Provide Opportunity to Lead Evidence on Counterclaim Under Order 8 Rule 6A CPC Warrants Remand....

The appellant, Executive Engineer of Gujarat Water Supply and Sewerage Board, filed a suit for damages of Rs. 17,28,855.65 against the respondent, Kataria Construction Co., for delay in completing a c...

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High Court of Gujarat Allows Appeal of Minor Claimant in Motor Accident Case — Negligence Apportionment Set Aside, Compensation Enhanced. The court held that a pillion rider cannot be attributed contributory negligence and enhanced compensation from Rs. 2,52,000 to Rs. 4,00,000 under Section 166 of the Motor Vehicles Act, 1988....

The present appeal was filed under Section 173 of the Motor Vehicles Act, 1988, by the original claimant, a minor represented through his natural guardian, aggrieved by the judgment and award dated 8....

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Gujarat High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Unreliable Circumstantial Evidence. Conviction under Section 302 IPC for strangulation of wife set aside as prosecution failed to prove guilt beyond reasonable doubt....

The present appeal arises from Sessions Case No. 19/2015 decided by the learned 4th Additional Sessions Judge, Godhra, whereby the appellant-accused Pareshbhai Shankarbhai Taviyad was convicted for th...

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Gujarat High Court Acquits Accused in Murder Case Due to Lack of Intent and Sudden Provocation - Conviction under Section 302 IPC Converted to Section 304 Part I IPC. The court held that the act was committed during a sudden quarrel without premeditation, falling under Exception 4 to Section 300 IPC, and thus the offence was culpable homicide not amounting to murder....

The present criminal appeal was filed by the appellant-accused, Chetanbhai Ravjibhai Chauhan, under Section 374(2) of the Code of Criminal Procedure, 1973, challenging the judgment and order dated 22....

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High Court of Gujarat Upholds Disciplinary Action Against Chartered Accountant for Professional Misconduct in Bank Audit. Failure to Report Irregular Loans and Deficient Documentation Constitutes Negligence Under Section 21(5) of the Chartered Accountants Act, 1949....

This is a case reference under Section 21(5) of the Chartered Accountants Act, 1949, arising from a complaint by Smt. Prabha S. Prasad, General Manager (V&I) of Vijaya Bank, Bangalore, against Shri Ji...

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Gujarat High Court Dismisses Appeal by Electricity Company in Electrocution Death Case. Paschim Gujarat Vij Company Ltd. held liable for death due to high voltage in support wire of electric pole, affirming strict liability and compensation of Rs.6,30,000....

The case arises from an incident on 24 November 1993, when Deepakkumar J. Bhatt, while participating in a religious ceremony (Tulsi Vivah) in Village Dhamrej, stood near an electric pole. The pole was...

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Gujarat High Court Quashes FIR in Rape Case Due to Inordinate Delay of 8 Years Without Plausible Explanation. Unexplained Delay in Filing FIR Under Sections 376, 362, 342, 328, 406, 323, 506(1), 114 IPC and Section 135(1) Gujarat Police Act Leads to Quashing of Criminal Proceedings as Abuse of Process of Law....

The present application was filed by Subhashbhai Trambaklal Modi under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of FIR I-C.R. No. 141 of 2014 registered with Naranpura Po...

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Gujarat High Court Upholds Conviction Under Section 138 NI Act but Modifies Sentence to Fine in View of Full Deposit of Cheque Amount. Offence under Section 138 NI Act is quasi-criminal and compoundable; once entire cheque amount is deposited, sentence of imprisonment can be substituted with fine....

The applicant-accused was convicted by the learned 9th Additional Chief Judicial Magistrate, Vadodara in Criminal Case No.15001 of 2017 for the offence punishable under Section 138 of the Negotiable I...

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Gujarat High Court Modifies Sentence in Section 138 NI Act Case to Period Already Undergone After Full Compensation Deposit. Conviction for Cheque Dishonour Upheld but Imprisonment Reduced as Accused Deposited Double the Cheque Amount Under Section 138 Negotiable Instruments Act, 1881....

The applicant, Bhupendrabhai Hirjibhai Patel, was convicted by the learned Additional Chief Judicial Magistrate, Gondal in Criminal Case No.1329 of 2011 for the offence under Section 138 of the Negoti...