Gujarat High Court

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Gujarat High Court Grants Leave to Appeal Against Consent Decree Alleged to be Collusive and Fraudulent — Applicant Not Joined Despite Prior Registered Sale Deed. The court held that the applicant, who had a registered sale deed in his favour, was a necessary party and was entitled to challenge the consent decree passed in a suit for specific performance....

The applicant, Chandubhai Maganbhai Kalathiya, filed a Civil Application for Leave to Appeal against a consent decree dated 03.08.2019 passed in Special Civil Suit No.215 of 2019. The applicant claime...

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Gujarat High Court Dismisses Lessee and Sub-Lessee's Revision Petitions Against Eviction Order in Rent Control Matter. Lease Deed Condition Permitting Lessor to Construct on Demised Land Does Not Create Tenancy Rights in Favour of Lessee After Expiry of Lease Term....

The case involves two revision applications filed by the lessee, Bharat Petroleum Corporation Ltd., and the sub-lessee, Mahendra Motors, challenging the eviction order passed in HRP Suit No.103 of 198...

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Gujarat High Court Upholds Life Imprisonment for Poisoning Murder Based on Circumstantial Evidence and Motive. The court confirmed conviction under Sections 302, 307, 328, and 120B of the Indian Penal Code, 1860, for administering aconite poison in dabelis resulting in one death and injuries to two others....

The appellant, Kamal Kishor @ Raju Surendrasingh Sudamasingh Yadav, was convicted by the Sessions Court, Gandhinagar, for offences under Sections 302, 307, 328, and 120B of the Indian Penal Code, 1860...

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Gujarat High Court Dismisses Second Appeal in Trust Land Exchange Dispute — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Oral Exchange Agreement from 1956 Not Proved; Possession Not Established; Suit for Declaration and Injunction Dismissed....

The appellant, Shree Nootan Kelavani Mandal, a trust registered under the Bombay Public Trust Act, 1950, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) challenging ...

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Gujarat High Court Allows Second Appeal in Will Dispute — Sets Aside Appellate Judgment for Failure to Consider Evidence on Testamentary Capacity. The Court holds that the First Appellate Court failed to independently assess evidence regarding the testator's mental capacity and the validity of the Will, and remands the matter for fresh consideration....

The present second appeal arises from a dispute concerning the validity of a Will dated 15.04.1986 executed by Reshiabhai, the grandfather of appellants 1 to 4 and father-in-law of appellant 5. The ap...

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Gujarat High Court Confirms Death Sentence for Rape and Murder of 3-Year-Old Child — Rarest of Rare Case. The court upheld the conviction under Sections 302, 376(f)(n) and 363 IPC for kidnapping, rape and murder of a minor child, holding that the brutal nature of the crime and the helplessness of the victim warranted the death penalty....

The case pertains to the confirmation of a death sentence awarded to the appellant, Rameshbhai Bachubhai Vaidhukiya, by the Additional Sessions Court at Rajkot in Special POCSO (Atro) Case No.28 of 20...

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Gujarat High Court Dismisses PIL Challenging Town Planning Scheme Notices for Alleged Environmental Damage. Challenge to Notices Under Gujarat Town Planning and Urban Development Act, 1976 Held Not Maintainable Due to Availability of Alternative Remedy and Lack of Bonafides....

The present petition was filed as a Public Interest Litigation by Sultanabad Bhimpore Social and Environment Protection Trust and others against the State of Gujarat and others. The petitioners challe...

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Gujarat High Court Quashes Department's Appeal Order in GST Refund Case Due to Lack of Speaking Order. Refund Sanction of Rs.8,83,232/- Restored as Appellate Authority Failed to Consider Documentary Evidence and Violated Principles of Natural Justice Under CGST Act, 2017....

The petitioner, M/s Acco Logistics and Forwarding, filed a refund application on 12.02.2024 which was sanctioned by the adjudicating authority on 21.03.2024 for Rs.8,83,232/-. The department appealed ...

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High Court of Gujarat Allows Appeal in Motor Accident Claim — Enhances Compensation and Deletes 10% Contributory Negligence Deduction. Claimant Standing Beside Road Hit by Bolero Jeep; No Evidence of Negligence on Part of Claimant, Hence Deduction Set Aside; Compensation Recalculated with Future Prospects and Multiplier as per Sarla Verma and Pranay Sethi....

The appellant, Ghanshyamsinh Manubha Jadeja, filed a first appeal before the High Court of Gujarat at Ahmedabad against the judgment and award dated 30.09.2021 passed by the Motor Accident Claims Trib...