Gujarat High Court

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Gujarat High Court Allows Appeal in Service Matter — Reinstates Daily Wager with Continuity and 50% Back Wages. Termination of a daily wager without following Section 25F of the Industrial Disputes Act, 1947 held illegal, and denial of back wages without valid reasons is unsustainable....

The appellant, Gaurang Krushnakumar Pathak, was employed as a daily wager with the respondent authorities. His services were terminated without following the procedure under Section 25F of the Industr...

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High Court of Gujarat Partly Allows Appeal in Motor Accident Claim — Income Reassessed Based on Minimum Wages. Claimant's Income Enhanced from Rs.4,500 to Rs.7,450 per Month Following Govind Yadav Precedent....

The appellant, Kamlesh Vajesinh Meda, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 10.11.2022 passed by the Motor Accident Claims Tribun...

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Gujarat High Court Allows Petition Challenging Reopening Notice Under Section 148 for AY 2012-13 as Time-Barred. Notice Issued Beyond Six-Year Limit Under Section 149 After Search Under Section 132 on 08.09.2021....

The petitioner, Manojbhai Bhupatbhai Vadodaria, filed a writ petition challenging a notice under Section 148 of the Income Tax Act, 1961 for Assessment Year 2012-13, issued on 24.02.2023. A search and...

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Gujarat High Court Quashes Reinstatement Order in Voluntary Resignation Case — Workman Failed to Prove Coercion. Resignation Letter and Acceptance Established Voluntary Cessation of Service, Not Retrenchment Under Industrial Disputes Act, 1947....

The petitioner, Vidyamandir Trust, challenged the award dated 31.8.2023 passed by the Labour Court, Palanpur in Reference (LCP) No. 50 of 2020. The respondent workman, Rafiqahmed M. Sindhi, was appoin...

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Gujarat High Court Dismisses Letters Patent Appeal in Service Matter — Res Judicata Applies to Claim for Salary for Period Prior to Joining. Claim for salary from 08.08.2005 to 01.07.2008 held barred by res judicata as the issue was not raised in earlier proceedings despite opportunity....

The appellant, Navnit Champaklal Vora, a retired Clerk from the Employment and Training Department, was declared surplus on 08.08.2005 and directed to be absorbed in respondent no.4 - Sardar Patel Kel...

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High Court of Gujarat Enhances Compensation in Motor Accident Claim Due to Inadequate Disability Assessment and Income Calculation. The court restored disability to 40% as per medical evidence, assessed income at Rs. 3,500 per month, added 40% future prospects, and enhanced pain and suffering compensation to Rs. 50,000 under the Motor Vehicles Act, 1988....

The appellant, Pravinsinh Gopalji Jadeja, was the original claimant in a motor accident claim petition arising from an accident on 29.11.2003. He was traveling in a Chhakdo Rickshaw (Reg. No. GJ-12-U-...

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Gujarat High Court Upholds Labour Court Award of Reinstatement with 50% Backwages in Industrial Dispute Case. Employer's Claim of Abandonment Rejected as Termination Found Unjustified Under Industrial Disputes Act, 1947....

The petitioner, Manager of Oswal Industries Ltd., challenged the award dated 6.5.2023 passed by the Labour Court, Kalol, in Reference T(LC) No. 24 of 2018. The Labour Court had partly allowed the refe...

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Gujarat High Court Allows Petition for Certificate Under Section 63AA of Gujarat Tenancy Act for Industrial Land. Rejection of Application Without Reasons Held Arbitrary and Violative of Natural Justice....

The petitioner, Advance Industrial Park, purchased agricultural land situated at Revenue Survey No. 217, Village-Vemardi, Taluka-Karjan, Vadodara, from Patel Manubhai Mahijibhai by a registered sale d...

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Gujarat High Court Upholds Labour Court's Compensation Award in Industrial Dispute — Workman's Challenge for Reinstatement Dismissed. Lumpsum compensation of Rs.1,50,000/- upheld as adequate for 13 years of service, with no interference under Article 226....

The petitioner, Joseph Dahyabhai Solanki, was appointed as 'Operation Staff' with Blue Dart Express Limited on 8 June 1992 on probation for six months and was confirmed on 12 March 1993. He was handed...

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Gujarat High Court Dismisses Petition Challenging Reversal of Injunction in Specific Performance Suit — Unregistered Agreement to Sell Inadmissible Under Section 49 of Registration Act, 1908. The appellate court's order setting aside the temporary injunction was upheld as the unregistered agreement could not be relied upon for granting injunction....

The petitioner, Bhagwanbhai Thakarshibhai Muliya, filed a suit for specific performance of an unregistered agreement to sell dated 22.2.2018, along with a prayer for temporary injunction restraining t...