LiveLaw Gujarat High Court Monthly Digest: September 2026

The Gujarat High Court has upheld a trial court order dismissing an Order 7 Rule 11 CPC application seeking rejection of the plaint, observing that the application was filed at the "fag end of the trial" when the suit had reached the stage of final arguments. [2026 LiveLaw (Guj) 238]

The court was hearing a revision plea challenging an order passed by Principal Senior Civil Judge, Valsad which dismissed the petititoner-defendant's application under Order 7 Rule 11 of CPC seeking rejection of the respondent's plaint.

CR.MA/2/2026 IN R/CR.A/607/2023

Citation: 2026 LiveLaw (Guj) 239

The Gujarat High Court on Tuesday (September 8) dismissed the temporary bail plea of Asaram who was convicted and sentenced to life by Gandhinagar court in a 2013 rape case. [2026 LiveLaw (Guj) 239]

Asaram had moved the high court seeking 20-day temporary bail citing a Rajasthan High Court order last month granting him 20-day parole in another rape case.

R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 31287 of 2016

Citation: 2026 LiveLaw (Guj) 240

The Gujarat High Court has held that merely telling a woman she would have to succumb to innapropriate behaviour if she wants to grow in an industry would not amount to abetment to an offence if the intention is absent. [2026 LiveLaw (Guj) 240]

The petitioner had sought quashing of an FIR for offences under Sections 354(Outraging Modesty), 354A(Sexual Harassment), 354C(Voyeurism), 354D(Stalking) and 114(Abettor Present When Offense is Committed) IPC.

The Gujarat High Court has held a Muslim trust registered under Bombay Public Trust Act as deemed to be a waqf under Section 43 Waqf Act, rejecting the trust's contention that the State Waqf Board's CEO had in 2011 held that the entity was not a waqf but a trust. [2026 LiveLaw (Guj) 242]

In doing so the court observed that the record did not indicate that the board had conducted an inquiry to reach this conclusion as contemplated under Section 40 of the Act.

Police Complaint Filed In Good Faith Not Defamation: Gujarat High Court

Case Title : Vijaybhai Jeysingbhai Vasava v/s State of Gujarat & Anr.

Case Number : R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 8920 of 2023

CITATION : 2026 LiveLaw (Guj) 243

The Gujarat High Court has observed that merely filing an application before the police against a person containing certain allegations over commission of an alleged criminal act wherein the police has lawful authority over the subject matter of accusation, would not amount to the offence of defamation.

As per Section 356 BNS/ 500 IPC it is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation.

R/SECOND APPEAL NO. 500 of 202

Citation: 2026 LiveLaw (Guj) 244

The Gujarat High Court has suggested that a notification be issued under the Hindu Succession Act so as to ensure protection of rights of Scheduled Tribe women as well as clear framework for the devolution of property of ST members who die intestate within the State, especially those who profess Hindu traditions. [2026 LiveLaw (Guj) 244]

The court passed the order while hearing an appeal against a trial court order which dismissed a man's suit challenging a will made by his deceased sister belonging to Scheduled Tribe community, who had bequeathed her inherited property to the defendant.

Case title: Kaushik Nanubhai Majithia v/s State of Gujarat & Ors.

R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 8473 of 2018

Citation: 2026 LiveLaw (Guj) 245

The Gujarat High Court has held restoring the crumbling wall of a house or making emergency repairs to stablize a structure located in the 300-metre range of a protected monument amounts to restoration, and cannot be termed as construction which is prohibited under Ancient Monuments and Archaeological Sites and Remains Act.[2026 LiveLaw (Guj) 245]

In doing so the court held that initiating criminal prosecution against an occupant for executing basic safety repairs mandated by a local authority under threat of public hazard is 'opposed to Article 21'.

The Gujarat High Court has held that an inquiry to ascertain the original nature and character of a shrine does not violate the bar on the conversion of places of worship under Section 3 of the Places of Worship (Special Provisions) Act, 1991. [2026 LiveLaw (Guj) 246]

Accordingly, Justice J. C. Doshi upheld the orders passed by the Gujarat Waqf Board and Waqf Tribunal, which had directed alteration of the name of a historical Patan shrine from “Maulana Mehboob Dargah Masjid and Kabristan” to “Maulana Yakub Saheb Dargah and Dawoodi Bohra Kabrastan”. The Board had held the shrine belonged to the Dawoodi Bohra community, which was upheld by the high court.

The Gujarat High Court refused to grant anticipatory bail to a 70-year-old man accused of molesting a woman, observing that while his age was a relevant factor however it cannot alone be a ground to grant anticipatory bail when the material collected during investigation prima facie supports the allegations at this stage. [2026 LiveLaw (Guj) 247]

The court was hearing a senior citizen's plea for anticipatory bail, accused of repeatedly molesting a 21-year-old woman and making obscene demands. He was booked under BNS Sections 75(2) (Sexual Harassment) and 78(2) (repeat stalking).

The Gujarat High Court has held even though Muslim Law entitles a woman to have her minor daughter's custody until she attains puberty, the child's custody with her paternal family cannot be termed as illegal confinement. [2026 LiveLaw (Guj) 248]

The petitioners were the paternal grandmother and paternal aunts of the minor having her custody, whereas the respondent no.2 is the minor's biological mother.

The Gujarat High Court has lamented the absence of Investigating Officers with investigation papers of the concerned matter as well as failure in giving proper instructions to the State's counsel to assist the court. [2026 LiveLaw (Guj) 249]

Granting regular bail to a man booked in a murder case, the court further observed that if where IO is present they do not have knowledge about the investigation and look to the assistance by his constable.

The Gujarat High Court on Thursday (September 17) granted 7-day parole to Radheshyam Shah, one of the eleven convicts in the 2002 Bilkis Bano rape case. [2026 LiveLaw (Guj) 250]

Shah along with 11 others was convicted and sentenced to life imprisonment for multiple murders and gang rapes, including that of Bilkis Bano, during the 2002 communal riots in Gujarat in 2008.

The Gujarat High Court has held that a customer at a brothel cannot be booked for running a brothel or procuring a person for prostitution under Immoral Traffic Act. [2026 LiveLaw (Guj) 251]

In doing so the court quashed a 2010 FIR against a man under the Act, who was caught after a raid was conducted at a hotel allegedly being run as a brothel.

The Gujarat High Court has said that non-communication of a judgement by the lawyer to the party cannot disadvantage the latter resulting in rejection of appeal on ground of delay when the very lawyer has filed the appeal, specially in absence of gross negligence. [2026 LiveLaw (Guj) 252]

The court was hearing a man's plea challenging an appellate court's order refusing to condone 27 day delay in filing an appeal against district judge's order in a civil suit.

The Gujarat High Court has held that a first appeal against a civil suit decree which was earlier admitted, numbered and later transferred by the high court to the trial court pursuant to enactment of Gujarat Civil Courts Act retains its original status and is not barred by limitation. [2026 LiveLaw (Guj) 253]

In doing so the court held that it cannot be said that such transferred appeals were barred by delay or needed an application to condone such delay.

The Gujarat High Court has upheld a trial court court order acquitting a diary farm owner who was booked for selling adulterated ghee after finding that none of the requirements provided for drawing the sample of 'Pure Ghee' under The Prevention of Food Adulteration Rules had been followed. [2026 LiveLaw (Guj) 254]

In doing so the court noted that it was not proved that the container containing the Ghee was properly heated, as prescribed under the Rules, before the sealing and sampling procedure was undertaken.

The Gujarat High Court enhanced the compensation granted to the family of a deceased pillion rider to over Rs.24 Lakhs, noting that the Motor Accident Tribunal had not properly considered the deceased's monthly income as well as damages under general and non-pecuniary heads. [2026 LiveLaw (Guj) 255]

Justice JC Doshi observed that the tribunal should have a liberal approach while determining the quantum of compensation, as law values life and limb on a generous scale.

The Gujarat High Court denied anticipatory bail to a "journalist" who was accused of impersonating himself as an officer of the Gujarat Pollution Control Board and demanding money from a factory owner to delete photos and videos of contaminated water which was allegedly found there. [2026 LiveLaw (Guj) 256]

The allegation against the applicant was that he along with other accused, represented themselves as GPCB officers, went to the complainant's factory, recorded videos of contaminated water and demanded Rs.21,000 for deleting the videos and photographs. The material collected during investigation indicates the presence and involvement of the applicant in the incident.

The Gujarat High Court enhanced the compensation awarded to an accident victim to over Rs. 8 Lakh, ruling that the mere continuation of employment of the accident victim after suffering 30% functional disability does not justify adopting a reduced multiplier or denying loss of future prospects. [2026 LiveLaw (Guj) 257]

Justice J. C. Doshi observed that while an injured claimant may continue in their existing service, their overall capacity and future employability elsewhere stand diminished and that a Motor Accident Claims Tribunal cannot apply a reduced “split” multiplier to compute the award.

The Gujarat High Court granted regular bail to a father booked for causing death of his daughter by applying burning cotton wicks on her body on her instructions, as she believed she was possessed. [2026 LiveLaw (Guj) 258]

The applicant had moved the high court seeking regular bail in an FIR for offences under Sections 105(culpable homicide not amounting to murder), 212(Furnishing false information to a public servant) and 54 (Abettor present when the offence is committed) BNS and Section 3 of the Black Magic Act. He was accused of causing the death of his daughter by applying some burning cotton wicks on various parts of her body. This, it was alleged, was done by the accused on the instructions of the daughter who believed that she was possessed.