Gujarat HC Deprecates State Govt For 276-Day Delay In Filing Appeal, Stopping Statutory Local Authorities From Implementing Writ Orders

The Gujarat High Court has deprecated the conduct of the State government for filing an appeal against a writ order with a delay of 276 days, observing that when it is added as a party to the proceedings along with the local authorities, then it cannot watch the proceedings from the fence by neither filing any affidavits nor making any submissions on its stand. The High Court said that in...

Gujarat HC Seeks State's Response On Plea Seeking Permission To Hold 'Peaceful Protest' Against Waqf Amendment, UCC

The Gujarat High Court on Friday (April 11) asked the State to get instructions on a plea challenging a decision by Palanpur's Sub-Divisional Magistrate refusing permission to the Convenor of a Muslim body to hold "peaceful protest" against the Waqf Amendment Bill–which came into effect as law on April 8, and the Uniform Civil Code.When the matter was taken up on April 21, after some...

Child Often Becomes Unintended Victim In Parents' Custody Battle, Court Must Be Cautious In Assessing Claims Made By Either Parent: Gujarat HC

Quoting Former US Assistant Secretary for Children and Families Wade Horn who said "Children ought not to be victims of the choices adults make for them", the Gujarat High Court rejected a father's plea for child custody under Guardians and Wards Act noting that the custody was earlier decided by family court with consent of parties to remain with the mother. In doing so the court however...

Gujarat HC Grants Bail To Man Accused Of Chopping Son's Body, Says Act Appears To Be Done Out Of 'Sheer Frustration Not Criminal Mindset'

The Gujarat High Court granted regular bail to the 64-year-old father accused of murdering his son, chopping his body parts and packing it in polythene bags noting that the father has been in custody since July 2022 and the alleged act prima facie appears to be out of “sheer frustration” rather than a criminal mindset. The Court observed the record indicated that the father “must have...

2002 Riots: Gujarat High Court Upholds 2015 Order Acquitting Six Men Accused Of Killing Three British Nationals

The Gujarat High Court has upheld a 2015 sessions court order which acquitted six men in a case related to the killing of three British Nationals near Prantij, during the 2002 state-wide riots which followed the Godhra Train Burning incident. In doing so the court observed that there had been no test identification parade in the matter and the dock identification was conducted for the first...

Gujarat High Court Awards ₹12 Lakh Compensation To Survivor Who Was Raped As A Minor, Had To Terminate Pregnancy

The Gujarat High Court granted over Rs. 12 Lakh as compensation to a rape survivor–who was minor at the time of the incident in 2018–observing it is a “serious case of rape” where the survivor had passed though “aggravating circumstances”, physical harassment and mental trauma. In doing so, the Court noted that the Trial Court passed a "non-speaking order" where it failed to...

Can Tenants Be Evicted For Changing 'Exclusive Use' Of Property As Mentioned In Rent Note? Gujarat HC Answers

The Gujarat High Court has upheld a trial court's eviction order which had held that the tenants had breached the terms of tenancy concerning a property which was originally given on rent to be exclusively used for a cycle repair business but was eventually being used to conduct business of seat covers and accessories. The high court was hearing a revision plea against judgment of the...

'Can't Step Into Evaluator's Shoes, Assessment Is Subjective': Gujarat HC Rejects Plea For Re-Evaluation In District Judge Promotion Process

The Gujarat High Court has observed that assessment of judicial officers' decisions for the purpose of promotion is a subjective exercise and it would be impossible to maintain uniformity in such assessments, adding that questioning the same would dent the sanctity of the recruitment process. It further observed that if the officer's annual confidential reports (ACR) are relied on to question...

'And Then One Day You Find, Ten Years Have Got Behind You': Quoting Pink Floyd, Gujarat HC Quashes Customs SCN, Flags Inordinate Delay

The Gujarat High Court quashed two show cause notices issued by customs department to a chemical manufacturing company after noting that the notices had been pending adjudication for 15 and 13 years respectively and deserved to be set aside due to "inordinate lapse of time". Quoting 'Time' by British rock band Pink Floyd, a division bench of Justice Bhargav Karia and Justice DN Ray in its...

Breaking | Gujarat High Court Extends Temporary Bail To Aasaram In Rape Case, Tie-Breaker Judge Finds Sufficient Medical Grounds

The Gujarat High Court on Friday (March 28) allowed three months temporary bail to Asaram who was convicted in a 2013 rape case by a sessions court in 2023 and is serving a life sentence.Justice AS Supehia– the third judge who heard Asaram's plea after a division bench earlier today delivered a split verdict, in his order said,"Thus on an overall appreciation of the respective orders passed...

'Can't Shut Our Eyes' To Fact That Asaram Is Rape Convict, No Need Shown For Temporary Bail: Justice Sandeep Bhatt In Split Verdict

In a split verdict given by the Gujarat High Court on Friday on Asaram's temporary bail plea, Justice Sandeep Bhatt in his dissenting opinion said that it seemed that Asaram was only interested in extending the interim bail granted by Supreme Court earlier this year on medical grounds, without "properly utilizing the time period". Justice Bhatt further said that though the court is aware that...

Gujarat High Court Delivers Spilt Verdict On Temporary Bail Sought By Asaram In Rape Case

The Gujarat High Court on Friday (March 28) gave a spilt verdict on the temporary bail plea moved by Asaram who was convicted in a 2013 rape case by a sessions court in 2023 and is serving a life sentence. Notably, the Supreme Court had in January this year granted interim bail till March 31 to Asaram on medical grounds.When the matter was called today, a division bench lead by Justice Ilesh...