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Gujarat High Court Reduces Contributory Negligence from 20% to 10% in Motor Accident Claim — Appellant Motorcyclist Injured in Head-On Collision with Jeep. Court Held That Absence of Evidence of Negligence on Part of Claimant Warrants Reduction of Contributory Negligence and Enhancement of Compensation.

The appellant, Lahernath Raghunath Gauswami, was the original claimant in a motor accident claim petition. On 02.03.2006, while returning to his villa...

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Gujarat High Court Upholds Acquittal in Atrocity Case Due to Lack of Public View Evidence. Caste-Based Insult Allegation Fails as Incident Occurred Inside House, Not in Public View Under Section 3(1)(10) of SC & ST (Prevention of Atrocities) Act, 1989.

The State of Gujarat appealed against the acquittal of Hirabhai Devabhai Rabari and others by the Additional Sessions Judge, Fast Track Court, Deesa -...

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Gujarat High Court Allows Appeal in Motor Accident Claim — Negligence of Truck Driver Upheld, Compensation Enhanced from Rs. 2.5 Lakh to Rs. 5.02 Lakh for Death of 22-Year-Old Jeep Driver. Income Assessed at Rs. 3,000 per Month with Multiplier of 18 Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the parents of the deceased, Kirankumar, who died in a vehicular accident on 22.11.2000....

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Gujarat High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Unreliable Sole Eyewitness Testimony. The court held that the trial court's acquittal under Section 302 IPC was not perverse as the prosecution failed to prove guilt beyond reasonable doubt.

The State of Gujarat appealed against the acquittal of the respondent-accused, Masla Ditiya Rathwa, who was charged with murder under Section 302 of t...

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Bombay High Court Upholds Conviction Under Section 324 IPC for Assault with Sharp Weapon, Reduces Sentence to Period Already Served. Appellant convicted for voluntarily causing hurt by dangerous weapon, sentence reduced to period already undergone considering young age and no criminal antecedents.

The appellant, Ashish alias Ashotosh Dharamraj Meheshkar, was convicted by the II Additional Sessions Judge, Akola in Sessions Trial No. 155/2000 for ...

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High Court Dismisses Railway Appeal and Upholds Compensation for Accidental Fall from Train. Strict Liability Under Section 124A of Railways Act Applies, Even Without Proof of Railway's Fault, Where Ticket Found on Deceased.

The appeal arose from the judgment and order of the Railways Claims Tribunal, Nagpur Bench, which awarded compensation of Rs. 4,00,000 to the dependen...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Dying Declarations. Multiple Dying Declarations Contradict Each Other on Material Facts, Rendering Conviction Unsafe Under Section 302 IPC.

The appellant, Samadhan S/o Pandit Chaudhari, was convicted by the learned Additional Sessions Judge, Amalner, on 8th September 2015 in Sessions Case ...

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Bombay High Court Dismisses State Appeal in Murder Case Due to Insufficient Circumstantial Evidence. Last Seen Theory and Weak Motive Not Enough to Sustain Conviction Under Section 302 IPC.

The case pertains to the murder of Laxmikant Kadam on 23rd December 1999 near Bal Gandharva Rang Mandir, Pune. The deceased's wife and relatives initi...