LiveLaw Gujarat High Court Weekly Round Up: October 26 - November 01, 2026

Citation: 2026 LiveLaw (Guj) 294 - 2026 LiveLaw (Guj) 301

Nominal Index

SBI General Insurance Company Ltd v/s Radhaben Govabhai Desai (Rabar) (Deleted) & Ors., 2026 LiveLaw (Guj) 294

X v/s State of Gujarat & Ors., 2026 LiveLaw (Guj) 295

Bhimbhai Virabhai Dhangri v/s State of Gujarat & Anr., 2026 LiveLaw (Guj) 296

Dipikaben Rohitkumar Chauhan v/s State of Gujarat, 2026 LiveLaw (Guj) 297

Yogendrakumar Ramkumar Maurya v/s State of Gujarat, 2026 LiveLaw (Guj) 298

Vinubhai Vallabhai Dhorajiya President of Gayatri Nagar Society v/s State of Gujarat & Ors., 2026 LiveLaw (Guj) 299

T v/s State of Gujarat & Anr., 2026 LiveLaw (Guj) 300

Milan Ramjibhai Pumbhadiya v/s State of Gujarat & Anr., 2026 LiveLaw (Guj) 301

Judgments/Orders

Insurer Denying Issuance Of Motor Accident Policy Not Automatic Proof Of Forgery: Gujarat High Court

Case Title : SBI General Insurance Company Ltd v/s Radhaben Govabhai Desai (Rabar) (Deleted) & Ors. 

Case Number : CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2026 In R/FIRST APPEAL NO. 5650 of 2019

CITATION : 2026 LiveLaw (Guj) 294

The Gujarat High Court has held that an insurance company cannot avoid liability to indemnify third-party claimants under a motor accident claim on a mere assertion that the insurance policy produced before the Tribunal was forged or fabricated, in the absence of adequate evidentiary proof. [2026 LiveLaw (Guj) 294]

Consequently, Justice J.C. Doshi dismissed an appeal filed by SBI General Insurance Company challenging the order passed by a Motor Accident Claims Tribunal (MACT) granting compensation of Rs 37,00,420 with a 9% interest.

In Custody Case Before Gujarat High Court Mother Alleges Father's Excessive ChatGPT Use Added To Marital Discord

Case Title : X v/s State of Gujarat & Ors. 

Case Number : R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 14283 of 2026

CITATION : 2026 LiveLaw (Guj) 295

The Gujarat High Court recently refused to interfere with a mother's custody over her minor daughter, who had alleged that her husband's extensive reliance on ChatGPT had contributed to their marital discord. [2026 LiveLaw (Guj) 295]

The court passed the order in the father's habeas corpus plea seeking production of his minor daughter claiming that the child had been illegally detained by her mother.

Birth Register Alone Not Enough To Prove Victim's Age Without Establishing Source Of Information: Gujarat High Court Upholds POCSO Acquittal

Case Title : Bhimbhai Virabhai Dhangri v/s State of Gujarat & Anr.

Case Number : R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 3123 of 2025

CITATION : 2026 LiveLaw (Guj) 296

The Gujarat High Court has upheld a rape acquittal under the POCSO Act observing that the prosecution failed to prove that on the date of alleged incident the girl was a minor, as they could not prove the source of the alleged victim's date of birth recorded in the birth register. [2026 LiveLaw (Guj) 296]

In doing so the court reiterated that merely producing birth register is not enough to prove the date of birth of the alleged victim. Substantive evidence has to be lead by those persons who can vouch for the date of birth, i.e., the source of date of birth recorded in birth register must be proved.

Gujarat High Court Quashes Corruption FIR Against Govt Officer Over ₹45K Cash Recovered From Purse

Case Title : Dipikaben Rohitkumar Chauhan v/s State of Gujarat

Case Number : R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 19978 of 2014

CITATION : 2026 LiveLaw (Guj) 297

The Gujarat High Court quashed a corruption case against a public servant after a raid was conducted and Rs. 45,420 was found from her purse, observing that merely because she was unable to give a satisfactory explanation would not amount to an offence under Prevention of Corruption Act in absence of evidence. [2026 LiveLaw (Guj) 297]

It was alleged that Rs. 45,420/- was found from the purse of the applicant, a public servant, during a raid conducted by the Anti Corruption Bureau.

Gujarat High Court Grants Bail To Man Accused Of Changing Religion Without Informing Authorities, Committing Passport Fraud

Case Title : Yogendrakumar Ramkumar Maurya v/s State of Gujarat

Case Number : R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 25177 of 2026

CITATION : 2026 LiveLaw (Guj) 298

The Gujarat High Court granted bail to a man who was accused of changing his name, religion to Islam without informing the authorities and committing passport fraud, after prima facie noting that he had not committed any offence after changing his name. [2026 LiveLaw (Guj) 298]

The man was seeking bail in an FIR lodged under Sections 336(2)(Forgery), 336(3)(Forgery for the Purpose of Cheating), 338(2)(Forgery of Valuable Security, Will, etc.) and 340(2) (Using a Forged Document as Genuine) BNS and Section 12(1)(b) of the Passport Act.

'No Special Circumstances': Gujarat High Court Rejects Plea Seeking Direction To Register FIR, Cites Remedy Under BNSS

Case Title : Vinubhai Vallabhai Dhorajiya President of Gayatri Nagar Society v/s State of Gujarat & Ors. 

Case Number : R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 13529 of 2026

CITATION : 2026 LiveLaw (Guj) 299

The Gujarat High Court has reaffirmed that a writ petition under Article 226 of the Constitution of India for the registration of a FIR is premature and not maintainable when an efficacious alternative statutory remedy is already available under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). [2026 LiveLaw (Guj) 299]

Consequently, Justice J.C. Doshi dismissed the petition seeking directions to the police to register a case against a former president of Gayatri Nagar Society over alleged illegal possession of a common plot allegedly belonging to the society

POCSO Victim's Deposition Must Be Recorded In-Camera Even If She Attains Majority By The Time Trial Begins: Gujarat High Court

Case Title : T v/s State of Gujarat & Anr.

Case Number : R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 13493 of 2026

CITATION : 2026 LiveLaw (Guj) 300

The Gujarat High Court has ruled that merely because an alleged victim turned 18-years-old at the time of commencement of POCSO trial, would not mean that provisions of POCSO Act which provide for in-camera deposition of the victim would not apply. [2026 LiveLaw (Guj) 300]

The court was hearing a plea claiming that the victim had attained age of majority and thus the petitioner must get an effective opportunity to cross examine the prosecutrix as per law.

Routine Instructions, Reprimand Not Instigation: Gujarat High Court Quashes FIR Against Two Doctors Accused Of Abetting Resident's Suicide

Case Title : Milan Ramjibhai Pumbhadiya v/s State of Gujarat & Anr.

Case Number : R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 17710 of 2017

CITATION : 2026 LiveLaw (Guj) 301

The Gujarat High Court quashed an FIR against two doctors booked for abetting the suicide of a 24-year-old first-year Master of Surgery resident, observing that there was no deliberate or positive act intended to drive the deceased to commit the act which was established. [2026 LiveLaw (Guj) 301]

In doing so the court said that in the present case, "routine departmental instructions, academic reprimands, or allocation of ward work" during an initial orientation period cannot be legally elevated to the status of 'instigation' under Section 107 (abetment) IPC.