2002 Godhra Riots: Gujarat High Court Rejects Victim's Plea For Additional Ex-Gratia Compensation Citing 'General & Vague' Particulars

The Gujarat High Court dismissed a petition seeking additional ex-gratia compensation under the relief and rehabilitation packages announced for victims of the 2002 Post Godhra train burning communal riots, observing that the prayers were “general and vague in nature not specifying any categories or any deficiencies".The petitioner was a victim of mob fury and the communal riots, which...

Employee Can't Be Denied Promotion Due To Employer's Failure To Timely Communicate Annual Performance Reports: Gujarat High Court

The Gujarat High Court has held that denial of promotion by Indian Railway Catering and Tourism Corporation Ltd based on Annual Performance Appraisal Reports (APARs) communicated belatedly violates principles of natural justice, and directed reconsideration of an employee's promotion without applying the benchmark requirement.Justice Maulik J. Shelat was hearing a writ petition filed by...

Commission-Based Workers At Civil Hospital Not Govt Servants; No Right To Regularisation: Gujarat High Court

Holding that handicapped staff at Ahmedabad's Civil Hospital issuing case papers were only working on a contractual basis, earning a commission and were never appointed through a regular recruitment process, the Gujarat High Court refused to grant them status as government servants or direct regularisation of service.The court further said that since none of the petitioners were...

Quashed FIR For Minor Offence Not Ground To Deny Job In Police Force: Gujarat High Court

The Gujarat High Court has held that a candidate selected for the post of Unarmed Police Constable cannot be denied appointment solely on the basis of a pending criminal case, especially when the FIR has been quashed. In doing so the Court quashed the order refusing appointment and directed reconsideration of the candidate's case. Justice Nirzar S. Desai was hearing a Special Civil...

S.45A ESI Act | Charitable Trust Running Pathology Lab Not 'Factory': Gujarat High Court Sets Aside Orders To Pay Contribution Dues

Holding that activities of a charitable trust providing diagnostic services within a Government Civil Hospital does not prima facie fall within the definition of “factory” under Employees' State Insurance Act, the Gujarat High Court quashed ESIC's Section 45A orders for payment of contribution dues by trust.As per Section 2(12) Factory means any premises including the precincts thereof...

S.346(2) BNSS | Remand Beyond 15 Days Of Accused Already In Custody Not Illegal, Habeas Corpus Won't Lie In Every Case: Gujarat High Court

The Gujarat High Court has observed that remand of an accused already in custody beyond the 15-day period prescribed under first proviso to Section 346(2) BNSS is not illegal, and a habeas corpus will not lie unless the remand order is shown to be patently illegal, without jurisdiction or passed mechanically.For context, Section 346 BNSS refers to power of the court to postpone or...

'UGC Plays No Role In Appointing Non-Teaching Staff': High Court Quashes Termination Of Librarian By Gujarat Vidhyapith After 18 Years

The Gujarat High Court dismissed an appeal by Gujarat Vidhyapith challenging a Single Judge's order which had set aside the termination of a long-serving Assistant Librarian and directed payment of back wages and retiral benefits.A Division Bench of Justice Bhargav D. Karia and Justice L.S. Pirzada was hearing a Letters Patent Appeal arising from an order passed in a writ petition filed by...

Human Rights Commission Can't Entertain Private Property Disputes: Gujarat High Court Issues Directions To Prevent Jurisdictional Overreach

Observing that a grievance relating to share in property “cannot, by any stretch of imagination, be treated as a violation of human rights,” the Gujarat High Court quashed proceedings initiated by the State Human Rights Commission in a family property dispute.In doing so the court also issued detailed directions to regulate the Commission's exercise of jurisdiction while considering cases...

Ancestral Property, Right Of Birth Wholly Foreign To Muslim Law: Gujarat High Court Rejects Woman's Plea For Share In Father's Estate

The Gujarat High Court has held that the concepts of 'joint family property', 'ancestral property' and 'right by birth' as understood in Hindu law, cannot be invoked in disputes governed by Mohammedan law.The court made the observation while setting aside trial court's temporary injunction order granted in favour of a Muslim woman in her suit seeking administration of her deceased estate....

Father Not Protecting Married Daughter Who Comes Back Home Alleging Abuse By Husband Can Lead Her To Commit Suicide: Gujarat High Court

The Gujarat High Court has observed that when a married woman returns to her parental home alleging abuse by her husband, the failure of her parents, particularly her father, to protect her at that stage may also contribute to her decision to commit suicide. The Court made this observation while setting aside the conviction of a husband under Sections 498A (cruelty by husband) and 306...

Minor Accident Victim Who Underwent Amputation Can't Be Awarded 'Token' Damages: Gujarat High Court Enhances Compensation To ₹21.19 Lakh

The Gujarat High Court has enhanced compensation awarded to a minor accident victim from ₹8.77 lakh to ₹21.19 lakh, holding that the Motor Accident Claims Tribunal erred in applying a notional income, under-assessing functional disability, and awarding inadequate non-pecuniary damages.A Single Judge Bench of Justice Hasmukh D. Suthar was hearing a first appeal filed by Umiya Nitingar...

Working Mother Leaving Child With Her Parents Not Illegal Detention, Habeas Corpus Can't Bypass Custody Proceedings: Gujarat High Court

The Gujarat High Court has held that a working mother's decision to leave her minor daughter with her own parents for care and upbringing does not amount to illegal confinement and cannot be challenged in a habeas corpus plea, particularly in the absence of any custody order or pending custody proceedings.A Division Bench of Justice N.S. Sanjay Gowda and Justice D.M. Vyas was hearing a...