Manual Scavenging: Gujarat High Court Condemns 'Absolute Silence' By Municipality's Incharge On Action Taken On Death Of 2 Sanitation Workers

The Gujarat High Court on Wednesday (March 5) expressed its displeasure with the Chief Officer of Patdi Nagar Palika (Municipality) for the "absolute silence" on any action taken by the body after it became aware of the death of two sanitation workers– employed by a contractor, during manual scavenging. While perusing the officer's affidavit, the court said that the "ignorance" shown by...

Gujarat High Court Rejects 35-Year-Old Candidate's Plea For Age Relaxation To Participate In Civil Judges Recruitment Process

The Gujarat High Court refused to grant further age limit relaxation to a 35-year-old candidate who had applied in the civil judges recruitment process, noting that the same was not provided for in the Gujarat State Judicial Services Rules, 2005.The court was examining whether the candidate could have been granted the relaxation who claimed to be within the age limit on the first day of filing...

Gujarat High Court Stays Trial Against State BJP Minister Purshottambhai Solanki In ₹400 Crore Alleged Fisheries Scam

The Gujarat High Court stayed trial against BJP minister of state for fisheries Purshottambhai Odhavji Solanki, accused of awarding dams for breeding fishes to various persons without issuing tender as per policy and thereby allegedly getting "illegal financial benefits" to the tune of Rs 400 crores. The high court observed that the trial court proceeded to frame charges against Solanki when...

Industrial Disputes Act | Gujarat HC Quashes Order Referring Alleged Dispute Between Company & Foreign Personal Assistant To Labour Court

Quashing an order referring to the labour court an alleged dispute between a company and a female foreign national employed as a personal assistant–who had also levelled rape allegations, the Gujarat High Court said that there was no application of mind regarding a "prima facie opinion" on if an industrial dispute existed. Observing that the assistant labour commissioner's order was...

78 Adjournments, No Substantial Trial: Gujarat High Court Grants Bail To NDPS Accused Citing Prolonged Incarceration

The Gujarat High Court recently granted regular bail to a man booked in a case under the NDPS Act after observing that while the trial had not progressed substantially, the matter had been adjourned almost 78 times leading to “prolonged incarceration” and "blink hope of a speedy trial" in the case. In doing so the high court further noted that there were many NDPS cases pending before...

NDPS Act | Gujarat High Court Grants Bail To Man In Jail For Over 3 Years, Notes Only 2 Out Of 29 Witnesses Were Examined

The Gujarat High Court recently granted regular bail to an man booked under NDPS Act, in view of long incarnation of three and a half years and after noting that out of 29 witnesses only two had been examined where the trial court had not give any time bound schedule of the examination of such witnessesJustice Gita Gopi in her observed, “The report of the City Civil Judge, Special Court...

Gujarat HC Stays Interim Order Directing State Bar Council To Issue Provisional Practice Certificate To 2 Law Graduates From Unrecognized College

The Gujarat High Court on Thursday (February 27) stayed the interim order passed by the single judge directing the Bar Council of Gujarat to issue provisional Certificate of Practice to two law graduates from an unrecognized college, so as to enable them to apply for Civil Judges recruitment process. The high court noted that the single judge in his order did not discuss Rule 7(2)(b) of...

Gujarat HC Paves Way For Two Law Graduates From Unrecognized College To Apply For Civil Judge Post, State Bar Body To Issue Provisional Certificate

The Gujarat High Court on Monday (February 24) directed the State Bar Council to issue provisional certificate of practice to two law graduates, who completed their LL.B. from an unrecognized institution, so as to enable them to participate in the recruitment process to the post of civil judge. Issuing notice to the respondents, Justice Nirzar S Desai in his order said, "In the meantime,...

MV Act | Paralysis Of Minor's Upper Body Left Him Deadwood At Nascent Stage, Tribunal Erred In Assessing Disability As 50%: Gujarat HC

Enhancing the compensation to Rs. 13,09, 240 along with interest to a 5-year-old boy who became paralytic after a road accident, the Gujarat High Court said that the Motor Accident Claims Tribunal–which had awarded over Rs. 2 Lakh– had “failed to understand” the effect of paralysis on the boy's upper body which left him “deadwood at the nascent age”. In doing so the court...

Didn't Mend His Ways: Gujarat HC Slams District Development Officer For Non-Compliance Of Orders On Removing Encroachment From Grazing Land

Observing that he has "no regard" for the court, the Gujarat High Court expressed its displeasure with District Development Officer (DDO) of Banaskantha, Palanpur for non compliance of the court's earlier orders on removal of encroachments on Gauchar land (grazing land) in Salla village. The court further noted that the officer in his subsequent affidavit had not given any details as to...

MV Act | Tribunal's Approach Insensitive, Found Small Inconsistencies To Throw Out Claim: Gujarat HC Quashes Order Rejecting Compensation

While quashing an order of the Motor Accident Claims Tribunal (MACT) which had dismissed a claim petition, the Gujarat High Court observed that it was unfortunate that instead of "taking a holistic view" the tribunal had sought to fund minor inconsistencies to throw out the claimant's plea for compensation under the Motor Vehicles Act. In doing so the court observed that the tribunal had...

Plea That Signed Copy Of Award Was Not Received Cannot Be Raised For First Time In Appeal U/S 37 Of Arbitration Act: Gujarat High Court

The Gujarat High Court bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi has held that the plea that limitation period for challenging the award under section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) did not start as the signed copy of the award was not received by the party, cannot be raised for the first time in appeal under section 37 of...