Doctor Accused of Issuing Fraudulent Medical Certificates To Prisoners, Gujarat High Court Orders Probe

The Gujarat High Court has ordered a police investigation against a doctor accused of issuing fraudulent medical certificates to prisoners to help them secure bail.This decision was prompted by two applications from prisoners seeking temporary bail for medical treatment, which led the court to scrutinize the authenticity of the medical certificates involved. The bench comprising Justice MK Thakkar discovered that both certificates presented, one from Dreamz Multi Speciality Hospital and the...

Gujarat High Court Dismisses Appeals Seeking 'Equal Pay For Equal Work' For Teachers With Diploma in Drawing

The Gujarat High Court has dismissed a batch of appeals seeking ‘equal pay for equal work’ for drawing teachers with diploma qualification, at par with other secondary teachers who possess degree qualification in the subject.“Law is categorically settled that the classification based on educational qualification is a reasonable and acceptable classification, when the different pay-scales are prescribed on the basis of such classification, it can be said to have rational nexus with the...

Assault Case Against Delhi LG Vinai Saxena| Gujarat High Court Stays Criminal Trial Proceedings Pending In Ahmedabad Court

The Gujarat High Court today granted ad-interim relief to Delhi Lieutenant Governor (L-G) Vinai Kumar Saxena in his plea for abeyance of trial in a 2002 assault case until he holds the post of LG. The Court has essentially granted an interim stay on the proceedings in the criminal trial case pending before the Ahmedabad Court.Earlier, on May 9, an Ahmedabad metropolitan court rejected Delhi's LG's application seeking immunity from facing a criminal trial until he occupies his current post in...

Only Because Of FIR By Wife, He Has Filed Petition For Custody Of Children: Gujarat High Court Dismisses Habeas Corpus Plea

The Gujarat High Court recently dismissed a habeas corpus petition filed by a father who sought the custody of his children from his wife who is living separately, on the ground that the petitioner-father has not adopted alternative remedies available to him.The division bench of Justice Umesh A. Trivedi and Justice M. K. Thakker observed:“It is only because he is facing FIR for the offences and may face other case because of marital discord, this petition under the guise of habeas corpus, for...

Not Proper To Shift Burden On Complainant To Prove NI Act Case Beyond ‘Reasonable Doubt’ When Accused Didn’t Respond To Statutory Notice: Gujarat HC

While allowing a leave to appeal against acquittal in a criminal case under Section 138 of the N.I. Act, the Gujarat High Court said the Magistrate's approach in shifting the burden upon the complainant to prove his case beyond reasonable doubt was not proper “when the accused has chosen not to question the financial capacity of complainant at very first instance by not replying to...

Gujarat High Court Upholds Special Judge's Order Remanding Accused To CBI Custody Even After Grant Of Anticipatory Bail

The Gujarat High Court has upheld an order remanding a co-accused in a bribery case against IRS Officer Santosh Karnani, to police remand even after grant of anticipatory bail. Karnani was Additional Income-Tax Commissioner, Ahmedabad.Malav Ajitbhai Mehta had challenged the order passed by the Special Judge – CBI, City Civil & Sessions Court, Ahmedabad sending him to police remand for...

Court Can Allow Evidence On Affidavit In DV Act Case: Gujarat High Court

The Gujarat High Court recently held that a court can deviate from procedure mentioned under Section 28 (1) read with Rule 6(5) of The Protection of Women from Domestic Violence Act, 2005, and devise its own procedure which would include permitting evidence by way of an affidavit.The single judge bench comprising Justice Samir J. Dave noted:“….Court can allow evidence on affidavit in...

Gujarat High Court Quashes Grant Of Tender, Holds Fresh Auction In Open Court

The Gujarat High Court recently quashed a tender granted to M.S. Traders on the ground that the portal through which the auction was to be finalized did not work on the last date of the auction. The plea before the court sought re-auction for the tender published by Gujarat Secondary & Higher Secondary Education Board (GSHSEB),The division bench of the Acting Chief Justice A. J. Desai...

Gujarat High Court Grants Relief To Child Denied Admission For Falling Short Of Age Criterion By One Day

While granting relief to a student who was falling short of the age criteria of six years just by one day, the Gujarat High Court has directed that the case of the student be considered for admission and not be denied solely on this ground. The student had not completed 6 years of age as on 01.06.2023.The aforementioned ruling by Justice Sangeeta K Vishen comes on the heels of the introduction...

State Authorities Passing Detention Orders In Casual Manner, Introspection Needed: Gujarat High Court

Observing that detention orders are being passed in a casual manner, the Gujarat High Court has said the State Authorities should introspect about their actions since the court is confronted with the orders of detention, which do not stand the test of settled legal proposition of law.The division bench of Justice AS Supehia and Justice Divyesh A Joshi said simplicitor registration of FIRs...

CAT Jurisdiction: Gujarat High Court Rejects Former IPS Officer Rajnish Kumar Rai's Plea In Case Against Preliminary Inquiry, Show Cause Notice

The Gujarat High Court has rejected former IPS Officer Rajnish Kumar Rai's plea against Central Administrative Tribunal Ahmedabad Bench's ruling that it does not have the jurisdiction to hear his challenge against a preliminary inquiry and a show cause notice issued to him by union government in 2021. A division bench Justice Vipul M. Pancholi and Justice Hasmukh D. Suthar said Rai...

Gujarat High Court Suspends Sentence Of Three Former Air Force Officers In 1995 Murder Case

Observing that the judgment of the trial court suffers from patent infirmities, the Gujarat High Court has suspended the sentence of three former Air Force officers in a 1995 murder case. The division bench of Justice S.H.Vora and Justice S.V. Pinto said that the applicants stand a fair chance of acquittal and ordered their release during the pendency of their appeal. "The...