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Gujarat High Court Allows Second Appeals in Rent Fixation Cases, Remands for Fresh Consideration. Court Holds That Appellate Court Erred in Dismissing Appeals Without Merits Under Section 11(3) of Bombay Rent Act.

The present batch of Second Appeals under Section 100 of the Code of Civil Procedure, 1908, arises from a common judgment and order passed by the lear...

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High Court of Gujarat Enhances Compensation for Injured Motorcyclist in Motor Accident Claim — Tribunal's Award of Rs.10,44,212/- Modified to Rs.25,00,000/- with 9% Interest. Future Loss of Income Recalculated Based on Notional Income of Rs.4,500/- per Month and 40% Disability.

The appellant, Ambala Muljibhai Makwana (since deceased, represented by legal heirs), was driving a motor cycle on 18.01.2003 when a tanker bearing re...

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Gujarat High Court Dismisses Petition Seeking Police Action and Reference for Contempt in Lalita Kumari Compliance Case. Court holds that petitioner failed to demonstrate any violation of directions in Lalita Kumari v. State of U.P. and that the Chief Judicial Magistrate's order was not perverse.

The petitioner, Vishwas Sudhanshu Bhamburkar, filed a Special Criminal Application under Articles 226 and 227 of the Constitution of India read with S...

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Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

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High Court Dismisses Petition Challenging Rejection of Impleadment Application in Partition Suit -- Trial Court's Discretion Under CPC Upheld Despite 20-Year Delay in Filing

The petitioner challenged the Trial Court's order rejecting her application to implead family members as defendants in a partition suit pending since ...

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Gujarat High Court Dismisses State's Appeal Against Acquittal in Murder Case Due to Lack of Credible Evidence. Acquittal of Accused Under Section 302 IPC Upheld as Prosecution Failed to Establish Guilt Beyond Reasonable Doubt.

The State of Gujarat filed an appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973, challenging the judgment and order dated 17.01.2...