Gujarat High Court

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High Court Dismisses Second Appeal in Forest Land Injunction Suit Due to Illegal Transfer and Lack of Substantial Question of Law. Transfer of Settlement Land Without Prior Sanction Under Indian Forest Act, 1927, is Void, and Possession Under Such Agreement Does Not Confer Title or Invoke Part Performance Protection Under Section 53A of Transfer of Property Act, 1882....

The dispute arose from a second appeal filed by the plaintiff-appellant against concurrent judgments of the lower courts dismissing a suit for permanent injunction to prevent dispossession from forest...

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High Court Quashes Show Cause Notice in GST Case on Assignment of Leasehold Rights - Assignment of Long-Term Leasehold Rights Held as Transfer of Immovable Property, Not Supply of Service Under Section 7 of Central Goods and Services Tax Act, 2017, Rendering GST Liability Inapplicable....

The dispute arose from a show cause notice issued under Section 74 of the Central Goods and Services Tax Act, 2017, to the petitioner, a company that had assigned leasehold rights of industrial plots ...

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Gujarat High Court Enhances Compensation for Pillion Rider in Motor Accident Case — Negligence of Truck Driver Proved, Tribunal's Award Modified. The court held that a pillion rider cannot be held contributorily negligent and enhanced compensation for future loss of income, pain and suffering, and medical expenses under the Motor Vehicles Act, 1988....

The appellant, Kanchanben Dharmendrabhai Patel, was a pillion rider on a motorcycle that was hit from behind by a truck driven rashly and negligently by respondent No.1. The accident occurred on 10.02...

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Gujarat High Court Allows Appeal for Enhanced Compensation in Motor Accident Case Due to Low Notional Income and Omission of Future Prospects. Claimant with 28% Disability Entitled to Rs.12,000 Notional Income and 40% Future Prospects Under Motor Vehicles Act, 1988....

The appellant, Sonalben Jashwantsinh Sodhaparmar, was the original claimant in a motor accident claim petition arising from an accident on 02.01.2023. She was travelling in a rickshaw bearing registra...

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Gujarat High Court Allows Appeal and Enhances Compensation for Deceased Diploma Engineer in Motor Accident Claim - Tribunal's Income Assessment and Conventional Heads Modified Following Pranay Sethi Principles. The court held that the deceased's income should be taken as Rs.15,000/- per month with 40% future prospects and conventional heads enhanced to Rs.1,70,000/-....

The appeal arises from a judgment and award dated 13.09.2023 passed by the Motor Accident Claims Tribunal (Aux.), Vadodara, in MACP No.684/2018, whereby compensation of Rs.15,89,000/- was awarded to t...

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Gujarat High Court Allows Appeal in Motor Accident Claim for Enhancement of Compensation Due to Neglect of Minimum Wages and Future Prospects. The Court held that the Tribunal erred in assessing income without considering minimum wages and future prospective income, enhancing compensation under Section 173 of the Motor Vehicles Act, 1988....

The appellant, Parsottambhai Pratapbhai Patel, was the original claimant in a motor accident claim petition. He sustained grievous fracture injuries when a car driven rashly and negligently by respond...

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High Court of Gujarat Allows Appeal in Motor Accident Claim Case — Compensation Enhanced from Rs.1,43,000 to Rs.4,00,000 for Death of 19-Year-Old Bicycle Mechanic. Deceased's Income Reassessed at Rs.3,000 per Month with 40% Future Prospects and Multiplier of 18 Under Section 166 of Motor Vehicles Act, 1988....

The present appeal under Section 173 of the Motor Vehicles Act, 1988, was filed by the heirs and legal representatives of deceased Ravibhai Vitthalbhai, aggrieved by the judgment and award dated 20/07...

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Gujarat High Court Dismisses GSRTC Appeal in Motor Accident Claim — Negligence of ST Bus Driver Upheld. Tribunal's finding of bus driver's negligence based on evidence and charge-sheet not perverse; no interference warranted under Section 173 of Motor Vehicles Act, 1988....

The Gujarat State Road Transport Corporation (GSRTC) appealed against the judgment and award dated 30.11.2024 passed by the Motor Accident Claims Tribunal (Auxi), Mahesana at Visnagar in MAC Petition ...

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High Court of Gujarat Allows Appeal in Motor Accident Claim Under Section 163-A MV Act — Reduces Negligence Deduction from 70% to 50%. Section 163-A is a no-fault provision where contributory negligence cannot be assessed; compensation must be awarded as per structured formula without deduction for negligence....

The present appeal was filed by the original claimants, Kokilaben Vinubhai Parmar and another, under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 20/01/2016 pa...

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High Court of Gujarat Enhances Compensation for Injured Victim in Motor Accident Case Due to Erroneous Assessment of Permanent Disability and Loss of Earning Capacity. The Court applied the principle of future prospects and enhanced compensation for pain and suffering and medical expenses under Section 166 of the Motor Vehicles Act, 1988....

The appellant, Bharatbhai Nareshbhai Soni, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 31.03.2021 passed by the Motor Accident Clai...