Gujarat High Court

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Gujarat High Court Dismisses State's Delay Condonation Application in Land Acquisition Appeal Due to Unexplained Delay of 822 Days. The court held that the State cannot claim benefit of Section 5 of the Limitation Act, 1963 when the delay is not properly explained and the application lacks sufficient cause....

The present applications were filed by the State of Gujarat through the Special Land Acquisition Officer seeking condonation of delay of 822 days in filing First Appeals against the judgment and award...

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High Court Allows Writ Petition for First Higher Pay Scale Based on Departmental Examination Rules, Quashes Government Denials and Grants Limited Arrears...

The petitioner, a retired Gujarati Typist, filed a writ petition under Articles 14, 16, and 226 of the Constitution of India seeking the first higher pay scale from 05/06/2010, claiming he passed a de...

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High Court Quashes Human Rights Commission Proceedings in Property Dispute Due to Lack of Jurisdiction. The Commission Exceeded Its Powers Under the Protection of Human Rights Act, 1993 by Intervening in a Private Property Matter with a Pending Civil Suit....

The dispute originated from lands in village Zundal, District Gandhinagar, originally owned by Jethabhai Lallubhai Patel and devolved through inheritance and transactions to various parties including ...

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Gujarat High Court Upholds Enhanced Compensation for Land Acquisition Under Land Acquisition Act, 1894 — Market Value Determined Based on Sale Deeds and Potential Value of Land. Court applied multiplier method and granted additional benefits under Section 23(1A) and Section 23(2) of the Land Acquisition Act, 1894....

The case involves multiple first appeals filed by the Deputy Collector and Land Acquisition and Rehabilitation (Irrigation), Rajkot and others against the heirs of deceased Raghav Dharamshi and others...

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Gujarat High Court Allows Appeal in Land Acquisition Compensation Case — Enhances Compensation by Granting Additional Amount and Solatium Under Land Acquisition Act, 1894. Claimant Entitled to 12% Additional Amount Under Section 23(1A) and 30% Solatium Under Section 23(2) on Enhanced Market Value for Land Acquired for Kabarka Irrigation Project....

The appellant, Karabhai Hardasbhai, was the original claimant in a land acquisition matter. The State of Gujarat acquired his land bearing survey no.237/1 and 418/2 situated at Mouje: Karshanpur, Talu...

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Gujarat High Court Allows Appeal in Part, Reduces Contributory Negligence and Enhances Compensation in Motor Accident Claim. Deceased motorcyclist held only 10% negligent as car driver was primarily at fault; income tax returns considered for computing income leading to enhanced compensation....

The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by the appellants, who are the original claimants and legal heirs of the deceased Shaileshbhai Bera, challenging th...

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Gujarat High Court Allows Appeal in Motor Accident Claim — Enhances Compensation for Death of Labourer. Notional Income Increased, Contributory Negligence Set Aside, Consortium Awarded as Per Magma General Insurance Guidelines....

The case arises from a motor accident claim petition filed by the parents of a deceased 30-year-old labourer who died in a vehicular accident on 22 July 2014. The Motor Accident Claims Tribunal, Anand...

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High Court of Gujarat Allows Insurance Company's Appeal in Tractor Accident Case — Pay and Recovery Order Set Aside. The Court held that the Tribunal exceeded its jurisdiction by directing the insurer to pay and recover compensation for an unauthorized passenger in a goods vehicle, as the risk was not covered under Section 147 of the Motor Vehicles Act, 1988....

The case involves an appeal by The New India Assurance Company Limited against the judgment and award dated 08.02.2022 passed by the Motor Accident Claims Tribunal (Aux), Ahmedabad Rural at Mirzapur, ...

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High Court of Gujarat Dismisses State Appeal Against Acquittal in Murder Case Due to Unreliable Witnesses and Lack of Corroboration. Acquittal of Accused Under Section 302 IPC and Section 37(1) Bombay Police Act Upheld as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The State of Gujarat appealed against the judgment and order of acquittal dated 7.4.2001 passed by the learned Additional Sessions Judge, Gondal in Sessions Case No. 02 of 2000. The respondents-accuse...

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Gujarat High Court Upholds Acquittal in Cross-Cases of Land Dispute Violence — Benefit of Doubt Given Due to Inconsistent and Interested Testimony. Conviction under Sections 326, 324, 323, 504, 114 IPC and Section 3(1)(10) SC/ST Act Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The State of Gujarat appealed against the acquittal of the respondents-accused in two interconnected cross-cases arising from a land dispute. The incident occurred on 7-8-1994 in Aagara village, Limkh...