Gujarat High Court

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Gujarat High Court Dismisses Petition Challenging 1961 Land Acquisition as Barred by Delay and Laches. Petitioner's claim for restoration of land acquired over six decades ago fails due to unexplained delay and lack of locus standi....

The petitioner, Amratlal Ishwarlal Patel, aged about 84 years and a retired Central Government pensioner, filed a writ petition before the Gujarat High Court seeking to challenge land acquisition proc...

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Gujarat High Court Quashes FIR Against Forest Beat Guards for Assault Allegations During Duty — Acts Done in Official Capacity Protected Under Section 197 CrPC and Forest Laws. Alleged assault during interception of illegal entry into restricted forest area held to be part of official duty, and FIR quashed as no sanction obtained under Section 197 CrPC....

The present application was filed by two forest beat guards, Pravinbhai Karsanbhai Vala and another, seeking quashment of FIR I-C.R. No.1 of 2017 registered with Mendarda Police Station, District Juna...

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Gujarat High Court Dismisses Writ Petition Challenging DRT Order as Time-Barred Under Section 17(1) of SARFAESI Act. Limitation Period of 45 Days for Filing Securitisation Application is Mandatory and Cannot Be Extended by the Tribunal....

The petitioner, M/s. Zen Lifecare Ltd., challenged the orders of the Debt Recovery Tribunal-I, Ahmedabad, dated 20th November 2020 and 6th February 2024, which dismissed its Securitisation Application...

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Gujarat High Court Upholds Conviction Under Section 138 NI Act but Modifies Sentence to Fine Only After Deposit of Cheque Amount. The court held that since the offence is quasi-criminal and the cheque amount was deposited during revision, the sentence of imprisonment is not necessary and is reduced to fine only....

The applicant, Bhupesh Jayantilal Shah, was convicted by the Metropolitan Magistrate, Court No.6, Ahmedabad in Criminal Case No.245 of 2009 for the offence under Section 138 of the Negotiable Instrume...

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Gujarat High Court Allows Revision Against Return of Complaint for Lack of Territorial Jurisdiction in Cheque Dishonour Case. The court held that the Magistrate must record reasons before returning a complaint and that the place of cheque presentation is relevant for jurisdiction under Section 138 of the Negotiable Instruments Act, 1881....

The present revision application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (CrPC) was filed by Shriram Transport Finance Company Ltd. through its Power of Attorne...

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Gujarat High Court Allows Revision Against Magistrate's Order Returning Complaint for Lack of Territorial Jurisdiction in Cheque Dishonour Case. The Court Held That the Magistrate Erred in Returning the Complaint as the Cheque Was Drawn on a Bank Branch Within His Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881....

The present revision application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (CrPC) was filed by Shriram Transport Finance Company Ltd. through its Power of Attorne...

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Gujarat High Court Directs Consideration of Promotion Applications for Anganwadi Workers to Mukhya Sevika Post. The court held that the respondents must decide the petitioners' pending applications for promotion by a reasoned order within four weeks, without expressing any opinion on merits....

The petitioners, four Anganwadi workers employed with respondent No.3, filed a writ petition under Article 226 of the Constitution of India seeking directions to the respondents to undertake the promo...

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Gujarat High Court Dismisses Petition Challenging Caste Certificate Under SC/ST Act — No Locus Standi for Third Party. Private individual cannot seek quashing of another's caste certificate; remedy lies with Scrutiny Committee under Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976....

The petitioner, Parmar Dilipbhai Kanchanbhai, filed a writ petition under Article 226 of the Constitution of India read with the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976, see...

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Gujarat High Court Quashes Criminal Proceedings in Private Complaint for Hurt and Robbery Due to Non-Examination of Complainant and Lack of Evidence. Court holds that continuation of proceedings under Section 323 IPC read with Section 114 IPC would be an abuse of process when the complainant fails to appear and support the allegations....

The present application was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) by the applicants-accused, Dhandhal Hardeepbhai Bharatbhai and others, seeking to invoke the ...

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High Court of Gujarat Dismisses Appeal for Enhancement of Compensation in Motor Accident Claim as Tribunal's Award Exceeds Recalculated Amount. Claimant with 30% Permanent Disability Not Entitled to Higher Compensation as Tribunal's Award of Rs. 3,99,400/- Was Already More Than the Recalculated Amount of Rs. 3,78,000/- Under Motor Vehicles Act, 1988....

The appellant, Chandubhai Amthabhai Patni, was the original claimant in a motor accident claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for injuries sustained i...