LiveLaw Gujarat High Court Weekly Round-Up: August 3 - August 9, 2026

Update: 2026-08-10 04:30 GMT
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Citation: 2026 LiveLaw (Guj) 209 - 2026 LiveLaw (Guj) 218Nominal IndexSheikh Salim Shekhbabu v/s State of Gujarat, 2026 LiveLaw (Guj) 209Dr. Vilas Tukaram Kharat v/s The Union of India & Ors., 2026 LiveLaw (Guj) 210Shaikh Husain Ajij v/s State of Gujarat & Ors., 2026 LiveLaw (Guj) 211Lakhiben Punabhai Solanki v/s State of Gujarat, 2026 LiveLaw (Guj) 212Madanlal Radhelal Bansal &...

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Citation: 2026 LiveLaw (Guj) 209 - 2026 LiveLaw (Guj) 218

Nominal Index

Sheikh Salim Shekhbabu v/s State of Gujarat, 2026 LiveLaw (Guj) 209

Dr. Vilas Tukaram Kharat v/s The Union of India & Ors., 2026 LiveLaw (Guj) 210

Shaikh Husain Ajij v/s State of Gujarat & Ors., 2026 LiveLaw (Guj) 211

Lakhiben Punabhai Solanki v/s State of Gujarat, 2026 LiveLaw (Guj) 212

Madanlal Radhelal Bansal & Ors. v/s Agrawal Samaj Trust Dahod & Ors., 2026 LiveLaw (Guj) 213

Naynaben Bhupatbhai Rathod v/s State of Gujarat & Anr., 2026 LiveLaw (Guj) 214

Ramesh Gagu Saamatbhai Bakutra & Anr. v/s State of Gujarat, 2026 LiveLaw (Guj) 215

Najmakhatoon Modhaidar Shaikh v/s Union of India, 2026 LiveLaw (Guj) 216

Namrataben Gordhanbhai Macwan v/s State of Gujarat & Anr., 2026 LiveLaw (Guj) 217

Vala Jodhubhai Golanbhai v/s RTI Officer & Ors., 2026 LiveLaw (Guj) 218

Judgments/Orders

Gujarat Govt Reinstates Special Public Prosecutor In 2019 Vadodara Custodial Death Case After High Court Intervention

Case title: Sheikh Salim Shekhbabu v/s State of Gujarat

R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 9669 of 2026

Citation: 2026 LiveLaw (Guj) 209

The Gujarat High Court was informed on Friday (July 31) that the State government has reinstated the Special Public Prosecutor (SPP), who was earlier conducting the trial in the 2019 alleged custodial death of a Telangana man in Vadodara and whose appointment had subsequently been discontinued. [2026 LiveLaw (Guj) 209]

The development came after the High Court had asked the State to take an appropriate decision on the continuation of the prosecutor.

Gujarat High Court Refuses To Review Order Rejecting Disclosure Of Somnath Temple ASI Survey Documents

Case title: Dr. Vilas Tukaram Kharat v/s The Union of India & Ors.

R/WRIT PETITION (PIL)/25/2026

Citation: 2026 LiveLaw (Guj) 210

The Gujarat High Court refused to review its order dismissing a plea seeking disclosure of archaeological survey report, ground penetrating radar (GPR) survey, maps, structural analysis, photographs, videography and all the related documents concerning the Somnath Temple site. [2026 LiveLaw (Guj) 210]

For context, the court had in June dismissed a PIL seeking such disclosure with Rs. 2 Lakh costs on the litigant, noting that the contentions in the PIL were based on news reports and information on social media, and none of it could be verified by the petitioner as being true to his personal knowledge or based on any authentic record or material researched by him.

Surat Demolitions: Gujarat High Court Closes Resident's Plea After Municipal Corporation Assures No Immediate Action Planned

Case title: Shaikh Husain Ajij v/s State of Gujarat & Ors.

R/SPECIAL CIVIL APPLICATION NO. 9176 of 2026

Citation: 2026 LiveLaw (Guj) 211

The Gujarat High Court disposed of a resident's plea apprehending demolition of his home by Surat Municipal Corporation, after the authority said that as of now it does not intend to demolish the property and if it does intend to do so, it will issue a notice to the resident and take steps as per law. [2026 LiveLaw (Guj) 211]

The petitioner had moved the high court on an apprehension that his residential accommodation may be demolished by Surat Municipal Corporation, particularly when the premises adjacent to petitioner's house have been demolished by the Corporation.

'Driven By Starvation': Gujarat High Court Grants Bail To Mother Booked For Causing Child's Death Over Demand For Food

Case title: Lakhiben Punabhai Solanki v/s State of Gujarat

R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 16673 of 2026

Citation: 2026 LiveLaw (Guj) 212

The Gujarat High Court granted bail to a mother of three accused of assaulting her minor daughter over demand for food who eventually succumbed to injuries, observing that criminals are not born but made and "when starvation drives a mother to such an extreme act, such failure is collective rather than individual". [2026 LiveLaw (Guj) 212]

Reflecting on the incident the court said it depicts the failure of social welfare mechanisms and highlights State's moral responsibility to protect vulnerable families, especially women and children. The court also referred to a Gujarati novel Manavini Bhavai written by Pannalal Patel–which portrays a devastating famine that struck India, particularly Rajasthan and Gujarat in 1899, corresponding to the Vikram Samvat year 1956 tragic event known as “Chhappania Dukal” (56th Famine).

Res-Judicata Bars Different Trustees From Relitigating Same Trust Property Dispute: Gujarat High Court

Case: Madanlal Radhelal Bansal & Ors. v/s Agrawal Samaj Trust Dahod & Ors.  

R/FIRST APPEAL NO. 2292 of 2018

Citation: 2026 LiveLaw (Guj) 213

The Gujarat High Court has held that a trust application regarding a dispute over trust property cannot be maintained if the dispute has already been conclusively decided in an earlier proceeding, even if the subsequent suit is brought by a different set of trustees. [2026 LiveLaw (Guj) 213]

Justice JC Doshi was hearing an appeal by trustees of Shri Agarwal Samaj Trust, challenging the order of the Additional District Judge, Dahod. Applying the doctrine of res judicata, the District Court had dismissed the appellant's application seeking a declaration that certain immovable properties allegedly purchased by the former trust officials using trust funds should be treated as trust properties.

Wife's Inability To Establish Cruelty Doesn't Necessarily Mean She Left Matrimonial Home Without Reason: Gujarat High Court

Case title: Naynaben Bhupatbhai Rathod v/s State of Gujarat & Anr. 

R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 666 of 2023

Citation: 2026 LiveLaw (Guj) 214

The Gujarat High Court has held that mere inability of a wife to establish allegations of cruelty would not mean that she left the matrimonial home without sufficient cause and that each case must be considered as per evidence. [2026 LiveLaw (Guj) 214]

The court said this while upholding a family court order rejecting a woman's maintenance claim, after finding that she had voluntarily left the matrimonial home, refused to live with her husband and had a mutual divorce thereby attracting bar to maintenance under Section 125(4) CrPC.

Impersonation Complete Upon Entry Into Exam Hall With Another's Admit Card, Even If Caught Before Writing Exam: Gujarat High Court

Case title: Ramesh Gagu Saamatbhai Bakutra & Anr.  v/s State of Gujarat

R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION) NO. 277 of 2019

Citation: 2026 LiveLaw (Guj) 215

The Gujarat High Court has said that the moment a person enters an examination hall carrying the admit card of the candidate he is impersonating, the offence of cheating by personation is fulfilled and the accused being caught prior to actual holding of exam makes no difference. [2026 LiveLaw (Guj) 215]

Justice Nisha M Thakore in her order said:

"the very fact that the applicant No. 2 pretended to be someone else, knowingly had substituted himself for another person and by making such representation while carrying admit card with him and having entered the examination hall, he had completed his task of representing the other person. In the opinion of this Court, the moment the applicant No. 2 had entered the examination hall carrying admit card by pretending to be the candidate of admit card, the act of personation was achieved. Merely because prior to the holding of actual examination, the applicant was caught from the spot by the block supervisor and Building Conductor i.e. before entering any word in the answer sheet would make no difference".

Once Claimant Files Affidavit On Deceased Carrying Valid Ticket, Burden To Disprove Claim Shifts On Railways: Gujarat High Court

Case title: Najmakhatoon Modhaidar Shaikh v/s Union of India 

R/FIRST APPEAL NO. 3285 of 2024

Citation: 2026 LiveLaw (Guj) 216

The Gujarat High Court has reiterated that mere absence of a railway ticket would not negate an individual's claim of being a bonafide passenger or entitlement to accident compensation. [2026 LiveLaw (Guj) 216]

The court said that once claimant files an affidavit on deceased carrying a valid ticket, the burden of disproving the same would fall on the Railways.

Justice JC Doshi referred to Supreme Court's decision in Rajni v/s. Union of India where the Apex Court, while eschewing the Centre's approach in teeth of object of Railway Act, observed that mere absence of ticket with the deceased does not negate the claim of being a bona fide passenger.

Gujarat High Court Refuses To Quash FIR Against Female Health Worker Accused Of Forcing ASHA Workers To Convert To Christianity

Case title: Namrataben Gordhanbhai Macwan v/s State of Gujarat & Anr.

R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 11483 of 2026

Citation:2026 LiveLaw (Guj) 217

The Gujarat High Court refused to quash an FIR against a female health worker accused of attempting to convert Accredited Social Health Activist (ASHA) workers to Christianity, noting that the allegations prima facie disclosed commission of the offence. [2026 LiveLaw (Guj) 217]

The applicant had sought quashing of an FIR and chargesheet under Sections 4(1), 4(2) and 4C of Gujarat Freedom of Religion Act.

RTI Applicant Not Conversant With Language Of Info Can't Be Accompanied By 'Third Party' To Inspect Records: Gujarat High Court

Case title: Vala Jodhubhai Golanbhai v/s RTI Officer & Ors.

R/SPECIAL CIVIL APPLICATION NO. 9928 of 2026

Citation: 2026 LiveLaw (Guj) 218

The Gujarat High Court recently observed that if an RTI applicant seeking certain information is not conversant with the language or the contents of the information sought, then permitting another person accompanying the applicant during inspection of records would prima facie amount to providing information to a third party. [2026 LiveLaw (Guj) 218]

In doing so the court permitted an RTI applicant to inspect the records he had sought for while clarifying that nobody else shall be permitted to accompany the applicant during the inspection.

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