Gujarat High Court

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Gujarat High Court Dismisses Land Acquisition Challenge for Non-Prosecution. Petitioners failed to file note on pending Constitution Bench decision on Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, leading to dismissal for want of prosecution....

The petitioners, Mangalbhai Shanabhai and others, filed a Special Civil Application under Article 226 of the Constitution before the Gujarat High Court seeking a writ of certiorari to quash land acqui...

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Gujarat High Court Quashes Assessment Order for Deceased Assessee Due to Violation of Natural Justice — Notice Issued to Dead Person Invalid. Legal Heir Not Given Opportunity of Hearing Before Final Assessment Under Section 144 of Income Tax Act, 1961....

The petitioner, Deepak Ashokkumar Soni, is the son and legal heir of late Ashokkumar Harakhchand Soni, who died on 15.03.2024. The petitioner applied to be registered as the legal heir on 11.07.2024, ...

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High Court of Gujarat Quashes Criminal Proceedings in Succession Dispute Over Ashram Property — Allegations of Criminal Breach of Trust and Criminal Intimidation Found to Be Civil in Nature. Dispute over Will and Succession to Mahant's Ashram and Vehicle Held Not to Constitute Offences Under Sections 406 and 506(2) IPC....

The present application was filed by the applicants, who are arrayed as accused Nos. 1 to 4 in Criminal Inquiry No. 13 of 2018 pending before the Additional Chief Judicial Magistrate, Danta, seeking q...

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High Court of Gujarat Quashes Criminal Proceedings in Succession Dispute Over Ashram Property — Allegations of Criminal Breach of Trust and Criminal Intimidation Found to Be Civil in Nature. Court Held That Mere Civil Dispute Over Succession Does Not Constitute Criminal Breach of Trust Under Section 406 IPC or Criminal Intimidation Under Section 506(2) IPC....

The present application was filed by the applicants, who were arrayed as accused Nos. 1 to 4 in Criminal Inquiry No. 13 of 2018 pending before the Additional Chief Judicial Magistrate, Danta, seeking ...

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Gujarat High Court Allows Revision in Maintenance Case Under Section 125 CrPC — Family Court Erred in Dismissing Wife's Claim on Ground of Failure to Prove. The court held that the standard of proof in maintenance proceedings is preponderance of probabilities, not proof beyond reasonable doubt, and remanded the matter for fresh consideration....

The applicant, Rashidabano @ Rani Mohammed Sufiyan, filed a criminal revision application challenging the order dated 04.03.2017 passed by the learned Judge, Family Court No.2, Ahmedabad, in Criminal ...

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High Court Dismisses CAG's Petition Challenging CAT Order Granting Retrospective Seniority to Employee in Seniority Dispute. Seniority must be assigned from date of eligibility, not from date of actual promotion, where delay is not attributable to employee....

The case involves a dispute over seniority in the cadre of Assistant Audit Officer (AAO) between the Comptroller and Auditor General of India (CAG) and an employee, Lakshme Bonda. The respondent was a...

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Gujarat High Court Quashes Reassessment Order for Cooperative Society Due to Non-Application of Mind to Binding Precedent. Assessing Officer Ignored Supreme Court and High Court Decisions on Deduction Under Section 80P of Income Tax Act, 1961....

The petitioner, Shree Madhi Vibhag Khand Udyog Sahakari Mandli Limited, a cooperative society, filed a writ petition under Article 226 of the Constitution of India before the Gujarat High Court challe...

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Gujarat High Court Allows Petition of Police Constable in Service Dispute — Disciplinary Orders Quashed. Court Follows Precedent in Ashokbhai Valjibhai Pataliya Case, Holding That Suspension Confirmation and Increment Withholding Were Unsustainable....

The petitioner, Chunilal Bachubhai Rankaja, a police constable, filed a writ petition under Article 226 of the Constitution of India before the Gujarat High Court challenging two disciplinary orders: ...

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Gujarat High Court Quashes Reassessment Notice in Income Tax Case for Lack of Jurisdiction — Cash Withdrawal Without Evidence of Escapement of Income Cannot Justify Reopening Under Section 147 of Income Tax Act, 1961....

The petitioner, Hardip Shipping Logistics Private Limited, filed its return of income for Assessment Year 2018-19 on 18.10.2018 declaring total income of Rs.2,96,58,640/-. On 15.03.2022, the responden...

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Gujarat High Court Dismisses Appeal by Electricity Company in Electrocution Death Case. Negligence Established Under Res Ipsa Loquitur as Live Wire Caused Death of Plumber....

The case involves an appeal by Paschim Gujarat Vij Company Ltd (PGVCL) against a judgment and decree dated 13.11.2006 passed by the 4th Addl. Senior Civil Judge, Bhuj, in Special Civil Suit No.64 of 2...