Wrong Practices Cannot Change Law Of Pleadings: Gujarat High Court On Facts Being Mentioned In Grounds Of Writ Petition
7 months, 2 weeks ago

Wrong Practices Cannot Change Law Of Pleadings: Gujarat High Court On Facts Being Mentioned In Grounds Of Writ Petition

Live Law  

While hearing a matter wherein an alleged “agricultural land” had been declared as “excess land” by the authorities, the Gujarat High Court on Wednesday orally remarked that the “law of pleadings” cannot be changed by any “wrong practices”.The high court made the observations after noting that certain factual averments formed part of the grounds mentioned in. The high court made the observations after noting that certain factual averments formed part of the grounds mentioned in writ petition which was filed by the appellants before the single judge bench. In response to this when the appellant's counsel pointed to the writ petition filed before the single judge bench, the high court orally said “No this is the ground. The high court further said that the appellants had not even stated that the State Authorities had entered the land to dispossess them and even that averment was “missing” in the petition.

Writ Petition Counsel Court Land Writ Judge High Appellants Act Single Petition Grounds Gujarat High Court Excess Land Wrong Practices  land  high  judge  petition  practices  court  counsel  gujarat  law  pleadings  grounds  appellants  single  mentioned  act  writ  wrong

History of this topic

'Personally We Are All Victims To This': Gujarat HC Remarks In Plea Against Violation Of Noise Pollution Norms, Orders Framing Of Policy
3 weeks, 1 day ago

'Personally We Are All Victims To This': Gujarat HC Remarks In Plea Against Violation Of Noise Pollution Norms, Orders Framing Of Policy

Live Law  

The Gujarat High Court on Wednesday issued notice on a plea alleging wilful disobedience of the directions issued by the high court, the Supreme Court as well as December 2019 notification concerning the issue of noise pollution. The court noted the contentions of petitioner Amit Panchal who argued that despite directions issued by coordinate bench in its March 4, 2024 …

Court Was Misled, Correct Facts Weren't Shown By Neither Litigant Nor State's Counsel: Gujarat HC Shocked At Incorrect Dept Added As Party
1 month, 2 weeks ago

Court Was Misled, Correct Facts Weren't Shown By Neither Litigant Nor State's Counsel: Gujarat HC Shocked At Incorrect Dept Added As Party

Live Law  

In a contempt plea for non-compliance of an order on extension of increment to retired government employees, the Gujarat High Court expressed its "shock" on noting that the department added as respondent was incorrect and the court was "misled" and not informed of this by the litigant's counsel and even State's counsel "failed" to do so. Noting that the employees …

Gujarat HC Calls For Explanation From Judicial Officer Over 'Serious Allegations' On Conduct While Hearing Cheating Case
3 months ago

Gujarat HC Calls For Explanation From Judicial Officer Over 'Serious Allegations' On Conduct While Hearing Cheating Case

Live Law  

The Gujarat High Court on Monday called for a detailed explanation from a judicial officer–of the rank of a sessions judge, after "prima facie" taking note of a plea making "serious allegations" about the officer's conduct while hearing proceedings in a forgery and cheating case. The order was passed in a plea wherein the petitioner had sought transfer of proceedings …

Gujarat High Court Issues Notice On Father's Plea Alleging Illegal Detention Of His Daughter By Persons Living In ISCKON Temple
3 months ago

Gujarat High Court Issues Notice On Father's Plea Alleging Illegal Detention Of His Daughter By Persons Living In ISCKON Temple

Live Law  

The Gujarat High Court on Tuesday issued notice to the State on a habeas corpus petition moved by a man claiming that his daughter has been illegally detained by certain persons who used to allegedly live at Ahmedabad's ISCKON temple. A division bench of Justice Sangeeta K Vishen and Justice Sanjeev J Thaker in its order took note of the …

Gujarat High Court Pulls Up Centre For "Lethargic Attitude" In Pursuing Litigation, Rejects Delayed Petition With Rs 25K Cost
1 year ago

Gujarat High Court Pulls Up Centre For "Lethargic Attitude" In Pursuing Litigation, Rejects Delayed Petition With Rs 25K Cost

Live Law  

In a stern stance, the Gujarat High Court has rejected with Rs. The Court in its Order observed, “Any amount of extension or reading any paragraph from even additional affidavit cannot salvage the situation as not only the impugned orders which are challenged refusing the condonation of delay, this petition under Article 227 of the Constitution of India has come …

Supreme Court Rejects Plea To Allow Use Of Gujarati As Additional Language In Gujarat High Court
1 year, 4 months ago

Supreme Court Rejects Plea To Allow Use Of Gujarati As Additional Language In Gujarat High Court

Live Law  

Today, on November 28, the Supreme Court declined to consider a petition advocating for Gujarati to be recognized as an additional language for court hearings in the Gujarat High Court. Initially, the petitioner, Rohit Jayantilal Patel, approached the Gujarat High Court seeking a directive against the State Government to implement the then Governor's 2012 decision, which allowed the use of …

Gujarat High Court Dismisses Plea Seeking Implementation Of District Education Officer’s Order To School For Refund Of Additional Fees
1 year, 8 months ago

Gujarat High Court Dismisses Plea Seeking Implementation Of District Education Officer’s Order To School For Refund Of Additional Fees

Live Law  

The Gujarat High Court has dismissed a plea seeking directions for implementation of a District Education Officer's order for refund of the fees additionally charged from the students by a school Justice Nikhil S. Kariel said though the order may have been passed upon a complaint filed by the petitioner but he is is not a person who could be …

'Conviction Lawful': Gujarat HC Rejects Rahul Gandhi's Plea in Defamation Case
1 year, 8 months ago

'Conviction Lawful': Gujarat HC Rejects Rahul Gandhi's Plea in Defamation Case

The Quint  

The Gujarat High Court on Friday, 7 July, refused to stay Congress leader Rahul Gandhi's conviction in the criminal defamation case filed against him over his 2019 “Modi surname” remark and dismissed his plea against the said conviction. As Justice Hemant Prachchhak read out the operative part of the verdict on Friday, he affirmed that the previous decision of the …

Gujarat High Court: Rahul Gandhi's Plea Seeking Stay On Conviction In Defamation Case Listed Before Justice Hemant Prachchhak On Saturday
1 year, 11 months ago

Gujarat High Court: Rahul Gandhi's Plea Seeking Stay On Conviction In Defamation Case Listed Before Justice Hemant Prachchhak On Saturday

Live Law  

Justice Hemant M. Prachchhak of Gujarat High Court will on April 29 hear the plea filed by disqualified MP and Congress Leader Rahul Gandhi seeking a stay on his conviction in the defamation case over his remark “why all thieves share the Modi surname” made during a political campaign in Kolar in April 2019. On April 25, Gandhi approached the …

Gujarat High Court Restrains Police From Filing Chargesheet Against Lawyer Accused Of Threatening Govt Official
2 years, 1 month ago

Gujarat High Court Restrains Police From Filing Chargesheet Against Lawyer Accused Of Threatening Govt Official

Live Law  

The Gujarat High Court recently stayed the filing of chargesheet against a practising advocate against whom an FIR was filed by a government official alleging that he had threatened the authorities while they were discharging their official duties.“Having regard to the facts and circumstances of the present case, prima-facie, it appears that, being professional advocate, he was called. The Gujarat …

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations
2 years, 1 month ago

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations

Live Law  

The Gujarat High Court recently quashed a trial court order denying the accused opportunity to examine a police inspector in a rape case. The trial court had also observed that unless and until she is not examined by the court, the statement recorded under Section 161 of Cr.P.C. Before the registration of rape case, the victim's brother had lodged the …

Gujarat Riots : Supreme Court Takes Note Of SIT Completing Investigation, Disposes Of Pleas Seeking Proper Probe
2 years, 6 months ago

Gujarat Riots : Supreme Court Takes Note Of SIT Completing Investigation, Disposes Of Pleas Seeking Proper Probe

Live Law  

The Supreme Court on Tuesday disposed of ten petitions, including the ones filed by the National Human Rights Commission, seeking proper investigation in the cases of violence during the 2002 Gujarat riots.The cases included the transfer petitions filed by NHRC, special leave petitions filed by riot victims and the writ petition filed by NGO Citizens for Justice and Peace during. …

"Party Should Not Suffer Due to Inaction of the Advocate": Gujarat HC Condones Delay of 3330 Days In Filing Written Statement
2 years, 10 months ago

"Party Should Not Suffer Due to Inaction of the Advocate": Gujarat HC Condones Delay of 3330 Days In Filing Written Statement

Live Law  

"It is trite law that a party should not suffer due to the in action on the part of the advocate and that the matter should be decided on merits rather than on technical ground", the Gujarat High Court has affirmed while hearing a petition under Art 227 to open the right to file written statement which was closed on …

Procedure U/S 203 CrPC Duly Followed: Gujarat High Court Refuses To Quash Trial Court Order Dismissing Private Complaint
3 years ago

Procedure U/S 203 CrPC Duly Followed: Gujarat High Court Refuses To Quash Trial Court Order Dismissing Private Complaint

Live Law  

Affirming the Trial Court's decision of dismissing a private complaint on the ground that the dispute was of civil nature, the Gujarat High Court has observed that the Trial Court had duly followed the procedure under Section 203 of the Code of Criminal Procedure. The Bench comprising Justice Vipul Pancholi was hearing a petition under Art 227 wherein the Petitioner …

CBDT Says 'No' To Physical Filing Of ITR, Audit Reports; Gujarat HC Seeks Board's Assurance To Attend To Assessees' Problems
3 years, 2 months ago

CBDT Says 'No' To Physical Filing Of ITR, Audit Reports; Gujarat HC Seeks Board's Assurance To Attend To Assessees' Problems

Live Law  

The Gujarat High Court today sought assurance, by way of an affidavit, from the Central Board Of Direct Taxes that they would attend to the problems of the assessees who are unable to file Tax Audit Reports and Income Tax Returns due to the technical glitches in the IT Portal.The Bench of Justice J. The Gujarat High Court today sought …

Gujarat 'Anti-Love Jihad' Law: High Court Grants Interim Bail To Accused On A Joint 'Settlement' Plea Moved By Him & Complainant-Wife
3 years, 5 months ago

Gujarat 'Anti-Love Jihad' Law: High Court Grants Interim Bail To Accused On A Joint 'Settlement' Plea Moved By Him & Complainant-Wife

Live Law  

The Gujarat High Court on Wednesday granted interim bail to an accused/husband, his relatives on a joint plea filed by him and his complainant-wife seeking quashing of an FIR under the Gujarat Freedom of Religion Act, 2021.The Bench Of Justice Ilesh J. Vora was hearing the joint plea of the interfaith couple submitting that the issues have been resolved. The …

Kerala High Court Issues Guidelines To Be Followed By Courts Before Acting Upon The "Pleading of Guilty" By An Accused
3 years, 9 months ago

Kerala High Court Issues Guidelines To Be Followed By Courts Before Acting Upon The "Pleading of Guilty" By An Accused

Live Law  

A Single Bench of the Kerala High Court while reversing the conviction imposed upon the petitioner on Tuesday, issued a set of guidelines to be followed in cases of an accused pleading guilty for the offences charged against him. The petition contends that the trial court convicted the petitioner of the above offences solely upon pleading guilty. The elaborate procedure …

Supreme Court Grants 'One Last Opportunity' To Gujarat Govt. To File Reply In Appeal Against Bail To Accused Of Murder Of A Scheduled Caste Youth
4 years, 4 months ago

Supreme Court Grants 'One Last Opportunity' To Gujarat Govt. To File Reply In Appeal Against Bail To Accused Of Murder Of A Scheduled Caste Youth

Live Law  

"Learned counsel for the State prays for and is granted one week time, as a last opportunity, to file counter affidavit", ordered the bench of Justices Ashok Bhushan, R. Subhash Reddy and M. R. Shah. The bench listed the matter after a week., Justice Shah asked the counsel appearing for Gujarat government as to why the state has not filed …

Plea Filed in SC Seeking CJI Misra’s Recusal from Bofors Case
7 years, 1 month ago

Plea Filed in SC Seeking CJI Misra’s Recusal from Bofors Case

The Quint  

Supreme Court lawyer Ajay Aggarwal filed a petition in the apex court seeking Chief Justice of India Dipak Misra’s recusal from the Bofors case, on the grounds that he acted in a biased manner on 16 January and allowed ex-law minister Kapil Sibal to intervene without any authority, despite repeated objections. Aggarwal, also a BJP member, had then filed a …

SC Issues Guidelines On Quashing Of FIR/Criminal Proceedings On The Ground Of Settlement Between Parties[Read Judgment]
7 years, 5 months ago

SC Issues Guidelines On Quashing Of FIR/Criminal Proceedings On The Ground Of Settlement Between Parties[Read Judgment]

Live Law  

A three-Judge Bench of the Supreme Court has summarized the principles that need to be kept in mind by the High Courts while considering a plea for quashing an FIR/ Criminal Proceedings under Section 482 of the Code of Criminal Procedure on the ground of settlement between parties.The Bench comprising Chief Justice of India Dipak Misra, Justice A.M. Khanwilkar and …

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