LiveLaw Gujarat High Court Weekly Round-Up: September 14 - September 20, 2026

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.