Gujarat HC Grants Bail To Gangrape Accused Citing “Friendly Terms” With Victim

August 18, 2022 8:21 pm

The Gujarat High Court granted bail to one of the five gangrape accused, quoting the victim’s “friendly terms with the applicant.” The accused is one of the five booked under Sections 376(D), 120(B), 406, 294(B), 506(2), 328, 362 and 114 of the Indian Penal Code. The bail was delivered by the single bench of Justice […]

Gujarat High Court: Govt Can Acquire Any Land For Public Use

August 18, 2022 8:04 pm

In a landmark judgement, the Gujarat High Court, Thursday, ruled that landowners cannot dispute any land acquisition by the government for public purposes. A division bench comprising Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri dismissed a writ petition by a woman seeking compensation for a property purportedly owned by her but acquired by […]

Gujarat High Court Reinstates Workmen With 20 Years Of Continuous Service

August 17, 2022 7:23 pm

The Gujarat High Court heard several writ petitions challenging a Labour Court’s order concerning the reinstatement of retrenched workmen (Petitioners). Taking into account the violation of Sections 25F, G and H of the Industrial Disputes Act, the Single Bench of Justice Biren Vaishnav ordered the reinstatement of Petitioners. The Petitioners worked in Bhadar Canal Sub-Division […]

Gujarat High Court Orders 4 Lakh Compensation To Child Hit By Truck

August 16, 2022 6:44 pm

The Gujarat High Court clarified that injured children have the right to compensation in motor accident cases. The Court awarded four lakh compensation to an 11-year-old minor victim, who consented to 55% permanent partial disability for the whole body because a negligently driven truck hit the child. The Single Bench of Justice Gita Gopi relied […]

Gujarat High Court Allows Epileptic Rape Survivor To Abort 21-Week Pregnancy

August 16, 2022 5:14 pm

The Gujarat High Court has allowed a 23-year-old mentally retarded rape survivor to undergo termination of her 21-week-old pregnancy. The Single Bench of Justice Niral R Mehta said, “Mental and physical trauma that she would have to undergo if she were forced to carry the foetus and take on the onerous duties of motherhood is […]

Gujarat: Legal Eagles Request Guv To Permit Use of Gujarati In HC

August 16, 2022 5:17 pm

In May, Tamil Nadu CM Stalin had requested for Tamil, the official language of the state, to be used in the Madras High Court. The request is still to come through but close on heels, comes a similar petition by Gujarat High Court Advocates Association (GHCAA). The legal body has submitted a request to Gujarat […]

Gujarat High Court Appreciates Prosecution For Proving Murder Beyond A Reasonable Doubt

August 12, 2022 6:45 pm

The Gujarat High Court denied the appeal of Vishrambhai Shingabhai Suvera (petitioner), an ex-Central Reserve Police Force employee who murdered his nephew, Shailesh. A division bench of Justice Vipul M Pancholi and Justice Sandeep N Bhatt upheld the Trial Court judgement and appreciated the prosecution for proving the murder case beyond a reasonable doubt.  In […]

Gujarat HC Grants Bail To Nilesh Patel Of Madhav Copper Ltd In 137 Cr GST Scam

August 10, 2022 8:41 pm

The Gujarat High Court granted bail to the accused, Nileshbhai Natubhai Patel, the Director of Madhav Copper Ltd, allegedly involved in 137 crores Input Tax Credit (ITC) scam while observing that there should not be any indiscriminate use of Section 69 of the Central Goods and Services Tax (CGST) Act, 2017. The Single Bench of […]

Gujarat HC: To Sustain Life Claimants Can Prematurely Withdraw Accident Compensation From FD

August 10, 2022 6:46 pm

The Gujarat High Court held that Motor Accident Claims Tribunals should allow Claimants to withdraw accident compensation money from the Fixed Deposit (FD) to meet the emergency “exigencies of life”. The single bench of Justice Gita Gopi thus directed that the 62-year-old Claimant-Petitioner should be allowed for the premature withdrawal of the Fixed Deposit made […]

‘Prosecutrix Improved Allegations’: Gujarat High Court Grants Bail To POSCO Accused

August 8, 2022 4:01 pm

The Gujarat High Court has granted anticipatory bail to an accused arrested under the Protection of Children from Sexual Offences (POSCO) Act while observing that the Prosecutrix improved the versions of allegations. A single judge bench of Justice Nikhil S. Kariel allowing the bail petition filed by Salimbhai Ibrahimbhai Mir noted, “As far as the […]

Rajpipla Hospital Dupes Patients For Medical College Approval

August 4, 2022 7:28 pm

The 103-year-old Rajpipla Civil Hospital located in the Narmada district used dummy patients during the inspection conducted by higher officials from the medical department in Gandhinagar for approval to get a medical college. 29 nursing students of Government School of Nursing Jitnagar near Rajpipla were duped as patients and admitted to 4 different wards of […]

Gujarat HC: Private Schools Can Charge Fees Without Profiteering

August 4, 2022 5:42 pm

The Gujarat High Court held that according to the fundamental rights guaranteed under Article 19(1)(g), private schools can charge fees as they deem fit without profiteering while quashing the orders of the Fee Regulatory Committee (FRC). Single Bench of Justice Bhargav D. Karia directed that no self-financed school shall collect any fee over the fee […]

Seven Gujarat Congress MLAs Cross-Voted In Presidential Election

July 22, 2022 8:29 pm

Seven Gujarat Congress MLAs cross-voted during the Presidential election. The opposition Presidential candidate, Yashwant Sinha, only received 57 votes instead of 67. The Gujarat Congress is concerned with cross-voting by seven Congress MLAs. The 182-member Gujarat Assembly has 178 MLAs, 111 from the BJP, 63 from the Congress, 2 from the Bharatiya Tribal Party, 1 […]

Gujarat HC: Any Party Can Withdraw Consent From Arbitration

July 22, 2022 6:22 pm

The Gujarat High Court clarified that any party under the arbitration process can withdraw their consent as per Section 89(2)(a) of the Code of Civil Procedure (CPC), anytime before the court takes any action. The Single Bench of Justice Umesh A. Trivedi was dealing with a Special Civil Application under Article 227 against an order […]

Union Govt Implements New Income Tax Rules In Q2 FY23

July 21, 2022 8:43 pm

The Union Government’s three newly proposed income tax rules in the Union Budget 2022 came into effect in July, the second quarter (Q2) of the financial year 2022-23 (FY23). Now, a late fee for PAN-Aadhaar linking has been increased from Rs 500 to Rs 1,000. Notably, a one percent tax deduction at source (TDS) on […]

Teesta Setalvad Denies Accepting Money From Ahmed Patel

July 18, 2022 9:45 pm

Activist Teesta Setalvad denied the Special Investigation Team (SIT) charge of accepting money from the Congress MP Ahmed Patel to topple the state government after the 2002 riots. Recently, Rais Khan Pathan, a close aide of Setalvad, testified against her and became Gujarat Police SIT’s witness. Setalvad also tampered with the affidavit during her bail […]

Domestic Violence Cases In Gujarat? None. NCRB Claims So

July 21, 2022 8:01 pm

Going by the National Family Health Survey 2019-20 (NHFS-5), there has been a reduction of six percent in domestic violence cases in Gujarat. Going a step further, Union Minister for Women and Child Development Smriti Irani has quoted the National Crime Records Bureau (NCRB) date of 2018 to 2020 to claim that Gujarat has zero […]

Gujarat HC: Substantial Evidence Significant In Proving Murder

July 18, 2022 2:33 pm

The Gujarat High Court highlighted the significance of substantial evidence in proving a murder case. Then the Division Bench comprising Justices SH Vora and Rajendra Sareen upheld an order of acquittal passed by the Sessions Court in a criminal case under Sections 143, 147, 148 and 302 of the Indian Penal Code and Sec 135(1) […]

Gujarat HC: Termination Requires Precise Show Cause Notice

July 18, 2022 1:36 pm

The Gujarat High Court observed that termination of an employee without proper departmental inquiry breaches Section 25(G) of the Industrial Disputes Act. The Single Bench of Justice AY Kogje clarified that for a clear response from a workman, the employer should issue precise show cause notice. The Court was hearing three petitions challenging an order […]

Harsh Sanghvi Holds A Meeting To Increase The Safety Of Women

July 13, 2022 9:55 pm

A high-level meeting on Wednesday was held under the chairmanship of Harsh Sanghvi, Gujarat Minister of State for Home Affairs, regarding the implementation of various projects under Mahila Suraksha Setu. Under the Women’s Safety Bridge, various projects are executed for the protection, upliftment and empowerment of women. Gujarat is at the forefront of security in […]