Gujarat High Court

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Gujarat High Court Quashes FIR in Rs. 1,900 Crore Siphoning Case Due to Civil Nature of Dispute. Allegations of forgery and criminal breach of trust found to be primarily civil disputes between family members over company management, not warranting criminal prosecution under IPC Sections 409, 465, 467, 468, 471, 474, 386, 389, 120(B), 34, 506(2)....

The petitioners, Vasantbhai Haribhai Gajera and others, filed petitions under Article 226 of the Constitution of India read with Section 528 of the BNSS, 2023, seeking quashing of FIR No.1121001526000...

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Gujarat High Court Allows Appeals in Recovery Suits, Holding That Suits Against Guarantors Were Barred by Limitation. The court held that limitation for suit against guarantor runs from date of default by principal debtor, not from date of guarantee, under Article 55 of Limitation Act, 1963....

The case involves three first appeals arising from a common judgment and decree passed by the City Civil Judge, Court No. 11, Ahmedabad, in Civil Suit Nos. 5982 of 2000, 5981 of 2000, and 5970 of 2000...

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Gujarat High Court Quashes Collector's Order Changing Gamthal Land to Agricultural Land — Violation of Natural Justice and Lack of Jurisdiction. District Collector lacked authority to convert Gamthal land tenure without notice to landowners under Gujarat Land Revenue Code, 1879....

The writ applicants, Makhansinh Mulji Rajput and others, filed a Special Civil Application under Article 226 of the Constitution of India before the Gujarat High Court challenging the order dated 30.0...

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High Court of Gujarat Allows Appeal in Motor Accident Claim — Reduces Contributory Negligence from 70% to 30% Based on Lack of Evidence. Claimant Driver Injured in Head-On Collision; Tribunal's Finding of Self-Negligence Set Aside as No Material to Show Rash Driving by Claimant....

The appellant, Chaudhary Prakeshbhai Nathabhai, was the original claimant in a motor accident claim petition before the Motor Accident Claims Tribunal (Aux-II), Mahesana. On 26.07.2004 at about 5:30 a...

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Gujarat High Court Dismisses State Appeal Against Acquittal in Dowry Death Case — No Evidence of Abetment to Suicide or Cruelty Under Sections 498A and 306 IPC. The court upheld the trial court's finding that vague allegations of harassment without corroboration or direct link to suicide cannot sustain conviction....

The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973, challenging the judgment and order of acquittal dated 31.03.2010 passed by the learned Additional Princi...

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Gujarat High Court Allows Appeal in Property Dispute Over Cancellation of Sale Deed — Finds Trial Court Erred in Dismissing Suit Without Considering Plaintiff's Share in Ancestral Property. Sale Deed Executed Without Plaintiff's Consent and Without Notice Under Section 135(d) of Gujarat Land Revenue Code is Voidable....

The appellant, Rukhiben Devaji Rajaji Thakor, filed a First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 22.11.2018 passed by the learned Add...

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Gujarat High Court Allows Appeal and Enhances Compensation for Paralyzed Cleaner in Motor Accident Case — Future Prospects and Attendant Charges Considered. Claimant with 100% permanent disability awarded Rs.23,88,200/- under Motor Vehicles Act, 1988....

The appellant, a 20-year-old cleaner, sustained severe spinal cord injuries in a truck accident on 23.08.2006, resulting in permanent paralysis and 100% disability. He filed a claim petition seeking R...

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Gujarat High Court Dismisses State Appeal Against Acquittal in Dowry Death Case — No Evidence of Abetment to Suicide. Prosecution failed to prove dowry demand or cruelty beyond reasonable doubt; acquittal under Sections 306, 498-A IPC and Dowry Prohibition Act upheld....

The State of Gujarat appealed against the acquittal of seven accused persons in a case involving offences under Sections 306, 498-A read with Section 114 of the Indian Penal Code and Sections 3 and 7 ...

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Gujarat High Court Quashes Punishment Order and Suspension Order in Disciplinary Proceeding Due to Inordinate Delay and Laches. Delay of 16 years in initiating disciplinary proceedings for misconduct committed in 2000-2001 held to be fatal, violating principles of natural justice and Article 226 of the Constitution of India....

The petitioner, Fazluraheman Haderbux Shaikh, filed two writ petitions under Article 226 of the Constitution of India before the Gujarat High Court. The first petition (Special Civil Application No. 1...

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High Court of Gujarat Enhances Compensation in Motor Accident Claim Case — Deceased's Income Reassessed at Rs.3,000 per Month with 40% Future Prospects and Multiplier of 18. The court applied principles from Pranay Sethi and Sarla Verma to award just compensation under Section 166 of the Motor Vehicles Act, 1988....

The case arises from a motor accident claim petition filed by the legal heirs of Ukabhai Gobarji Prajapati, who died in a vehicular accident on 31.08.2007. The deceased was travelling in a jeep when a...