High Court of Gujarat
22 judgments
National Insurance Company Limited v. Chamundeshwari and Others
The Supreme Court upheld the High Court's enhanced compensation award in a motor accident claim, affirming sole negligence of the other vehicle and proper income assessment based on documentary evidence.
Jumaine Capital LLC Dubai v. Central Bureau of Investigation
Freeze orders and bank guarantee conditions under Section 102 CrPC cannot be imposed on parties not involved in the criminal case, and such orders causing undue hardship must be set aside.
Municipal Commissioner, Jamnagar Municipal Corporation v. R. M. Doshi
The Supreme Court held that a municipal commissioner’s dismissal order passed without jurisdiction is void unless validly ratified, and restored the dismissal order against the respondent after finding proper ratification by the competent authority.
Gujarat State v. Dr. P. A. Bhatt & Ors.
The Supreme Court held that pay differentiation between MBBS and Ayurvedic doctors within the same cadre is constitutionally valid due to differences in duties, setting aside the Gujarat High Court's order equating their pay scales.
Gujarat State v. M/s S Pipes Limited
The Supreme Court held that penalty and interest under Sections 45(6) and 47(4A) of the Gujarat Sales Tax Act, 1969 are mandatory statutory liabilities not subject to waiver based on bona fide belief or absence of mens rea, and restored the penalty and interest imposed on the dealer.
Central Bureau of Investigation v. Santosh Karna
The Supreme Court set aside the Gujarat High Court's anticipatory bail granted to an IRS officer accused of bribery, emphasizing the necessity of custodial interrogation in serious corruption cases and balancing liberty with effective investigation.
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The Supreme Court upheld the murder conviction based on credible eyewitness and medical evidence, affirming strict application of Section 300 IPC exceptions and procedural safeguards.
Hemantbhai Balvantbhai Patel v. Gujarat State
The Gujarat High Court quashed criminal proceedings against appellants in a familial forgery dispute under Article 142 after they offered to repay the disputed amount with interest, emphasizing preservation of family harmony.
Kanavati Vanijya Private Limited v. U. India Aegis Company Limited
The court allowed the appeal directing the insurer to pay the fire insurance claim, holding that rejection based solely on non-production of documents was unsustainable when the insurer's surveyor had assessed the loss without challenge.
Kanavati Vanijya Private Limited v. U. India Aegis Company Limited
The court allowed the appeal and held that rejection of the fire insurance claim for non-submission of documents under policy condition 6(b) was unjustified where the insurer's surveyor's loss assessment was unchallenged.
Manubhai Sendhabhai Bharvad v. Oil and Natural Gas Corporation Limited
The Supreme Court held that prolonged temporary acquisition without permanent acquisition violates constitutional property rights and directed ONGC to complete acquisition within 12 months or face consequences.
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The Supreme Court upheld the validity of the increase in authorized share capital and share allotment by a company, affirming compliance with statutory procedures and protection of shareholder rights under the Companies Act, 1956.
Sabarmati Gas Ltd. v. Shah Aloys Ltd.
The Supreme Court upheld the dismissal of a Section 9 IBC application as barred by limitation and due to a prior existing dispute, excluding the SICA moratorium period from limitation computation.
Manherlal v. Nayab Collector
The Supreme Court held that the six-month limitation under Section 18(2) of the Land Acquisition Act, 1894 is mandatory and cannot be extended, but allowed the appellants' appeal to remand the matter for merit consideration after condoning delay.
Assistant Commissioner, Income Tax (Exemptions) v. Ahmedabad Urban Development Authority
The court dismissed the Revenue's application for clarification, affirming that its earlier judgment on charitable trusts under Section 2(15) of the Income Tax Act applies to the cases before it and does not bar future reassessments or eligibility checks by the Revenue.
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The court clarified that arrests must comply with statutory procedural safeguards and bail should be granted liberally, reinforcing the fundamental right to liberty under Article 21 of the Constitution.
Gujarat State v. K. L. Healthcare Pvt. Ltd.
The Supreme Court upheld the classification of 'KEVI-PROL' as poultry feed rather than a drug for sales tax purposes, dismissing the state's appeal as the issue was academic with no tax liability.
Gujarat State v. Cadila Healthcare Ltd.
The Supreme Court dismissed Gujarat State's appeal, upholding the High Court's classification of 'Kediprol' as poultry feed rather than a drug for GST purposes, emphasizing the product's primary commercial use.
Hazabhai Rajsibhai Odedra v. State of Gujarat
The Supreme Court upheld the appellant's conviction for double murder based on a credible dying declaration corroborated by circumstantial evidence, dismissing the appeal.
Rishibhai Jagdishchandra Pathak v. Bhavnagar Municipal Corporation
The Supreme Court held that employees are entitled to arrears of pay scale benefits for three years preceding their writ petitions under the principle of continuous wrongs, subject to limitation and laches, and directed uniform extension of benefits to similarly situated employees.