Gujarat High Court

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Gujarat High Court Quashes Appointment of Court Commissioner in Partition Suit for Lack of Notice to Defendant. Appointment of Commissioner under Order 26 Rule 9 CPC for collecting evidence of possession is impermissible without hearing the affected party....

The petitioner, Hemantkumar Chandrakant Gaywala, original defendant No.4, filed a Special Civil Application under Article 227 of the Constitution of India challenging an order dated 6.3.2024 passed by...

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Gujarat High Court Quashes Appointment of Court Commissioner in Partition Suit for Lack of Notice to Defendant. Appointment of Commissioner under Order 26 Rule 9 CPC for collecting evidence of possession without notice to affected party is illegal and beyond scope of provision....

The petitioner, original defendant No.4, filed a petition under Article 227 of the Constitution of India challenging an order dated 6.3.2024 passed by the learned 7th Additional Civil Judge, Surat in ...

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High Court Dismisses Appeal by Landowner Seeking Compensation for Demolition of Structure, Holding Second Writ Petition on Same Cause of Action Not Maintainable. Court Affirms That Challenge to Demolition Notice Already Rendered Infructuous Cannot Be Revived Without Amending Earlier Petition, and Liberty to Approach Civil Court for Appropriate Remedy is Preserved....

The dispute arose out of a property in Vadodara where the appellant claimed ownership and challenged a demolition notice issued by the Vadodara Municipal Corporation. The appellant had purchased the p...

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High Court of Gujarat Dismisses Letters Patent Appeal in Demolition Dispute – Second Round of Litigation Not Maintainable. Court Holds Fresh Writ Seeking Compensation and Review of Demolition Notice Under Gujarat Provincial Municipal Corporations Act, 1949 Barred by Earlier Dismissal as Infructuous, Leaving Petitioner to Civil Remedy....

The dispute arose from the demolition of a shop structure belonging to the appellant, Mahesh Nandiram Khilolani, by the Vadodara Municipal Corporation. The appellant claimed ownership of the property ...

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Gujarat High Court Allows Appeal in Service Termination Dispute, Holds Deemed Approval Under Section 40B of Bombay Primary Education Act, 1947. The Division Bench upheld the Single Judge's finding that the Administrative Authority's inaction resulted in deemed permission to terminate the appellant's services....

The case involves a Letters Patent Appeal filed by Girishbhai Shanabhai Chaudhary against the judgment of a learned Single Judge in Special Civil Application No. 12656 of 2013. The respondent, Vimukt ...

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Gujarat High Court Quashes FIR Against Mother-in-Law and Sister-in-Law in Domestic Violence Case. Acquittal of Husband and General Allegations Lead to Quashing Under Section 482 CrPC....

The applicants, Devalben (sister-in-law) and Kamalben (mother-in-law), filed a criminal miscellaneous application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No....

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Gujarat High Court Quashes Stamp Duty Demand on Development Agreement Not Constituting Conveyance. Development agreement held not liable to stamp duty as a conveyance under Article 5 of Schedule I of the Gujarat Stamp Act, 1958, since it did not transfer ownership or leasehold rights....

The petitioner, M/s Vaibhav Corp. Pvt. Ltd., filed a petition under Article 226 of the Constitution of India read with the Gujarat Stamp Act, 1958, challenging two orders dated 03.11.2023 passed by re...

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Gujarat High Court Quashes FIR in Cheating Case Due to Civil Nature of Dispute. Agreement to Sell and Mortgage of Property Not Amounting to Criminal Offence Under Sections 406, 420, 467, 468, 471, 120B IPC....

The present application was filed under Section 482 of the Code of Criminal Procedure, 1973 by three applicants (original accused) seeking quashment of FIR No. I-C.R. No.11191045200044 of 2020 registe...

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Gujarat High Court Quashes Transfer Order as Cadre-Changing and Punitive. Transfer from Field Worker to Attendant Post Violates Service Rules and Natural Justice....

The petitioner, Amitbhai Dineshchandra Parmar, was appointed as a Field Worker (A) in the Malaria Department of the Corporation on 3.1.1998. He served for over 28 years, was suspended in 2008 but late...