Gujarat High Court

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Gujarat High Court Upholds Reinstatement Without Back Wages for Daily Wage Workers in Industrial Dispute. Termination of Daily Wage Sweepers by Municipal Corporation Held Illegal Under Section 25F of Industrial Disputes Act, 1947, but Back Wages Denied for Lack of Proof of Unemployment....

The petitioners, four daily wage sweepers (Safai Kamdars), were initially employed by the erstwhile Joshipura Nagarpalika in 1999. Upon merger of the Nagarpalika with Junagadh Municipal Corporation on...

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High Court of Gujarat Dismisses Petition Challenging Delay in Revision Application Due to Unreasonable Delay and Lack of Standing. The petitioner, having sold his interest in the property, was found to lack the right to challenge the N.A. permission granted to the respondent....

The case involved a petition filed by the heir of the original owner of land bearing survey No. 324/1, challenging the SSRD's order that refused to condone an 8-year delay in filing a revision applica...

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Gujarat High Court Allows Appeal for Enhancement of Compensation in Motor Accident Claim - Deceased Agriculturist Aged 55 Years. Loss of Consortium Awarded to All Five Dependents Following Magma General Insurance Co. Ltd. v. Nanu Ram....

The present appeal arises from a judgment and award dated 20.11.2021 passed by the Motor Accident Claims Tribunal (Aux.), Banaskantha at Deesa in Motor Accident Claim Petition No.3336 of 2009. The app...

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High Court of Gujarat Dismisses Second Appeal in Primary Teacher Recruitment Dispute — Civil Court Jurisdiction Upheld. Court holds that civil court has jurisdiction to direct appointment in a particular cadre and that circulars for additional marks apply, but the plaintiff was not entitled to additional marks as she did not possess the required qualification....

The case involves a second appeal by the District Primary Education Officer and another against the judgment and decree of the trial court and appellate court which directed the appointment of the res...

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High Court of Gujarat Allows Appeal in Motor Accident Claim — Enhances Compensation for Death and Injury. Multiplier of 13 and 40% Future Prospects Applied; Contributory Negligence Set Aside....

The case arises from a motor accident on 27.03.2014 involving a motorcycle and a Tata vehicle. The deceased Narendrasinh Kalusinh Baraiya died, and his wife Varshaben Narendrasinh Thakor sustained inj...

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Gujarat High Court Allows Landlord's Rent Revision in Bombay Rent Act Case — Tenant's Subletting and Non-user of Premises Proved. Section 13(1)(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 established as tenant had sublet and ceased to occupy the demised premises for a continuous period of six months....

The case involves a landlord's revision application under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The landlord, Jayantilal Chimanlal Patel, filed HRP Suit No.686 of 1992 in ...

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Gujarat High Court Dismisses Customs Appeal in Plastic Waste Rules Export Case — Supreme Court Precedent on Non-Applicability of Plastic Waste Rules to Gutkha Exports Upheld. The Court held that the Plastic Waste (Management and Handling) Rules, 2011 do not apply to exports of gutkha using plastic packing material, as per binding Supreme Court judgments....

The appellant, Principal Commissioner of Customs, filed a Tax Appeal under Section 130 of the Customs Act, 1962 against the judgment and order dated 08.10.2018 passed by the Customs, Excise & Service ...

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Gujarat High Court Dismisses State Appeal Against Acquittal in Atrocity Case — Prosecution Failed to Prove Caste-Based Insult Beyond Reasonable Doubt. Acquittal Upheld as Evidence of Caste Abuse Was Unreliable and Contradictory Under Section 3(1)(10) of SC & ST (Prevention of Atrocities) Act, 1989....

The State of Gujarat appealed against the acquittal of Lalabhai Matambhai Bharwad and another respondent by the Additional Sessions Judge, Ahmedabad City, in Atrocity Criminal Case No. 6 of 2006. The ...

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Gujarat High Court Dismisses State Appeal Against Acquittal in Assault Case — Prosecution Fails to Prove Guilt Beyond Reasonable Doubt. Acquittal upheld as contradictions in witness testimony and lack of corroboration rendered the prosecution case doubtful under Sections 323, 324, 504, 114 IPC and Section 135 Bombay Police Act....

The State of Gujarat appealed against the judgment of acquittal dated 29.12.2009 passed by the learned Additional Sessions Judge, Patan in Sessions Case No.11 of 2008, whereby the respondents (accused...

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Gujarat High Court Dismisses State Appeal Against Acquittal in Atrocity Case — Caste Insult Not Proven in Public View Under Section 3(1)(10) of SC/ST Act. Acquittal Upheld as Prosecution Failed to Establish Essential Ingredients of Caste-Based Insult in Public View and Medical Evidence Did Not Support Assault....

The State of Gujarat appealed against the acquittal of Devkubhai Vikrambhai Dhandhal and another for offences under Sections 323, 506(2) IPC and Section 3(1)(10) of the Prevention of Atrocity Act. The...