Gujarat High Court Weekly Round-Up: September 25 To October 01, 2023

Nominal Index [Citations: 2023 LiveLaw (Guj) 155-162]Rajan Ankleshwaria v. Vinni Ankleshwaria 2023 LiveLaw (Guj) 155Krinaben W/O Tushar Suryakant Trivedi Versus N P Garasiya, Police Sub Inspector, Special Investigation Team 2023 Livelaw (Guj) 156Nipun Praveen Singhvi Versus State Of Gujarat 2023 Livelaw (Guj) 157Kutubuddin Ansari Versus State Of Gujarat 2023 Livelaw (Guj) 158Bhavesh Kamleshbhai Patel Versus Commissioner, Municipality Administration 2023 Livelaw (Guj) 159LL Citation: 2023...

‘PM Modi Degree Not Available In Public Domain’ Argues Kejriwal’s Counsel As Gujarat HC Reserves Verdict In His Review Plea

The Gujarat High Court on Friday reserved its judgment on a review plea filed by the Chief Minister of Delhi Arvind Kejriwal seeking a review of HC's March 31st order setting aside the 2016 order of the Central Information Commission (CIC). Essentially, the CIC had directed the Gujarat University to disclose and provide details on Prime Minister Narendra Modi's academic degree to the...

Gujarat High Court Reiterates Assessment Method For Juvenile Offenders To Be Tried As Adults, Says Their Status As 'Child' Not Disturbed

The Gujarat High Court recently invalidated the decision of a Juvenile Justice Board (JJB) in Vadodara directing a child in conflict with law, booked under various provisions of the IPC and the Arms Act, to be tried as an adult.In a 131-page judgment, Justice Gita Gopi reiterated the procedures to be followed while assessing such a child under Section 15 of the Juvenile Justice...

Gujarat High Court Extends Hybrid Mode Of Hearing For All Benches

The Gujarat High Court has announced the extension of its pilot hybrid mode of hearing cases to all courtrooms.Under the approval and directions of the Chief Justice and Judges of the Standing Committee of the High Court, hybrid hearing will be conducted on a regular basis for all the remaining Division Benches, Single Judge Benches, and Larger Benches formed from time to time, starting from...

‘Working Out To End This’: Gujarat HC CJ Bats Discontinuing Practice In HC Of Issuing ‘Rule' & Hearing Bail Matters 2-3 Weeks Thereafter

The Chief Justice Of Gujarat High Court Sunita Agarwal on Thursday orally remarked that she is working out to end the ongoing practice in HC of issuing rule nisi in bail matters and posting those cases for hearing 2-3 weeks thereafter. The issue came up before the CJ-led bench today after Senior Advocate and former GHCAA President Asim Pandya sought urgent circulation of a...

Defamation Case | Gujarat High Court Refuses Urgent Hearing On Pleas Filed By Arvind Kejriwal, Sanjay Singh Against Summons

The Gujarat High Court on Tuesday refused to grant an urgent hearing to the petitions filed by Delhi Chief Minister Arvind Kejriwal and AAP Rajya Sabha MP Sanjay Singh in connection with Prime Minister Narendra Modi's Academic degree defamation case. Both AAP leaders have moved the high court seeking the quashing of a summons issued by a Magistrate Court in the defamation complaint...

Gujarat High Court Grants Rs 1 Lakh Compensation To Man Who Was Jailed For 3 Years As Authorities Didn't Notice Email Containing Bail Order

The Gujarat High Court has directed the State to compensate a man who was unjustly incarcerated for nearly three years despite a court order suspending his sentence and granting him bail back in September 2020. The court ordered the State to grant Rs. 1,00,000 as compensation to the applicant and urged District Legal Services Authorities (DLSAs) to identify similar cases of...

Gujarat HC Denies Anticipatory Bail To Woman Advocate In Conspiracy Case Concerning ‘Repeated Rape’ Of A Minor Girl

The Gujarat High Court recently denied bail to a woman advocate facing conspiracy and abetment charges related to the alleged repeated sexual assault, rape of a minor girl. The bench of Justice Hasmukh D. Suthar noted that prima facie the accused-woman advocate played an active role in the commission of the crime and screened the offender and derailed the investigation and hence,...

Orders In Child Custody Matters Interlocutory Not Interim If Rights Of Parents Not Finalised: Gujarat High Court

The Gujarat High Court recently held that in a dispute over the custody of a minor child, an order that does not finalise the question of custody qualifies as an interlocutory order and not an interim order, and clarified that an appeal against an interlocutory order is not permissible as per Section 19 of the Family Courts Act. The division bench of Justices Ashutosh Shastri and Divyesh...

Gujarat HC Takes Suo Motu Cognizance Of A News Report About A Rape Case & Queer Student Harassment At GNLU, Seeks Report

The Gujarat High Court has taken a suo moto cognizance of a newspaper report about two separate incidents concerning the Gujarat National Law University, Gandhinagar about rape allegations levelled by a second-year law student against her batchmate and alleged harassment meted out to a male student for being a queer. Terming the incidents as ‘issues of grave concern’ having a...

Gujarat High Court Directs State To Ensure No Delay Arises In Future In Making Appointments To Gujarat Real Estate Appellate Tribunal

The Gujarat High Court has directed the State government to ensure that in future, appointments of the Chairperson and Technical Members of the Gujarat Real Estate Appellate Tribunal, under Section 43 of the Gujarat Real Estate (Regulation and Development) Act, 2016, are not delayed.The division bench comprising Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee was hearing a...

[Arnesh Kumar Guidelines] No Contempt Action Against Police Officer Arresting Without Warrant, If Proper Explanation Given To Magistrate: Gujarat HC

In a recent ruling by the Gujarat High Court, it was held that contempt of court proceedings cannot be initiated against a police officer for arresting an accused without a warrant, without prior notice under Section 41A of the Criminal Procedure Code (CrPC), if the officer provides a valid explanation before the magistrate.The division bench of Justices Ashutosh Shashtri and Divyesh A....