Gujarat High Court
458 Notices Issued Against Unauthorized Religious Structures On Public Roads: State Tells Gujarat High Court
The Gujarat High Court on Tuesday (February 11) asked the State to collect and report on the decisions taken by the committees constituted in municipal corporations and districts over the last quarter, in respect of removal/rehabilitation/regularization of unauthorized religious structures found in public places.The court said this after taking note of an April 2024 circular issued by...
Clear Discrimination: Gujarat High Court Orally Remarks After Woman Claims CRPF Denied Her Promotion For Being HIV+
While hearing a woman's plea alleging discrimination in promotion to higher post in CRPF on the ground that she has HIV-AIDS despite meeting all other eligibility criteria, the Gujarat High Court on Wednesday (February 12) orally remarked that promotion cannot be denied in ministerial posts because of health issues. The court further orally said that a person cannot be denied promotion if...
Municipality Can't Simply Deny Allegations Of Failure To Use State Grant, Should Give Details: Gujarat High Court
The Gujarat High Court has directed the State to decide the representation of Samajwadi Party MLA Kandhal Jadeja, who alleged non-completion of work for which a grant was given to Kutiyana Nagarpalika claiming that while money was given for development of public utilities on a land it now appeared as garbage land in photographs. In doing so the court also noted that Nagarpalika in its...
Tribal Woman Assault Case: Gujarat High Court Takes On Record Sealed Cover Report Of Concerned Police Superintendent
The Gujarat government on Wednesday (February 12) submitted to the High Court in sealed cover– a report and affidavit by Dahod's Superintendent of Police on an incident pertaining to the alleged assault of a tribal woman who was stated to be disrobed, paraded and dragged by a motorcycle in the district.Notably, on February 3 the court had taken Suo-Motu notice of news reports on the...
Criminal Liability For Cheque Dishonour Primarily On Drawer Company, Officers Are Held Liable Only If Section 141 Is Satisfied: Gujarat HC
While quashing criminal proceedings in a cheque bouncing case against a woman stated to be the former director of a textile company, the Gujarat High Court noted that she had resigned in 2013 and shouldn't be held liable for a cheque issued in 20197 reiterating that criminal liability in such cases primarily falls on drawer company. This liability extends to the officers of the drawer...
Statutory Remedy To Address Grievance On Implementation Of MNREGA Scheme Exists, PIL Can't Be Entertained: Gujarat High Court
While rejecting a PIL alleging irregularities in implementation of the scheme framed under Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), the Gujarat High Court on Tuesday (February 11) said that since a statutory remedy exists for addressing any grievances on the scheme's implementation a PIL cannot be entertained.A division bench of Chief Justice Sunita Agarwal and...
Role Limited To Setting Paper: Gujarat HC Rejects Examiner's Plea Alleging University Illegally Gave Marks To Failed Students, Fines ₹50K
The Gujarat High Court dismissed with Rs. 50,000 cost an examiner's appeal who had alleged that Pandit Deendayal Energy University (PDEU) “manipulated the results to preserve its reputation” by illegally assigning marks to 30 students who had actually failed as per his assessment, underscoring that the plea was “a sheer abuse of the process of the Court.”In doing so the court noted...
Police Can't Threaten Persons To Settle Disputes: Gujarat HC Says Orally; Flags Unwarranted Indulgence In Property, Money Recovery Matters
While hearing a plea for quashing a cheating FIR where the petitioners alleged that Police was asking them to "settle", the Gujarat High Court on Monday (February 10) orally remarked that these kind of cases were "repeatedly" coming before it where the police seemed to be "more vigilant" in matters concerning property disputes or recovery of money.In doing so the court, which although was...
Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court
The Gujarat High Court dismissed a wife's revision plea challenging a family court order which rejected her Order VII Rule 11 CPC application for rejection of her husband's 'composite suit' for nullity of marriage and divorce alleging cruelty, after noting that there is no prohibition on filing such a suit or joint petition. The court further observed that while examining the wife's...
Courts Empowered To Impose Cost But It Shouldn't Be Unbearable, Registry Insisting On Deposit Denies Litigant's Right To Appeal: Gujarat HC
In a plea challenging the imposition of Rs. 25,000 cost by the trial court in rejecting a litigant's review plea, the Gujarat High Court observed the trial court had not concluded that the review plea was "vexatious or false", underscoring that courts have power to impose costs for frivolous litigation but it should be reasonable. Taking note of the fact that the district court's registry...
Court Was Misled, Correct Facts Weren't Shown By Neither Litigant Nor State's Counsel: Gujarat HC Shocked At Incorrect Dept Added As Party
In a contempt plea for non-compliance of an order on extension of increment to retired government employees, the Gujarat High Court expressed its "shock" on noting that the department added as respondent was incorrect and the court was "misled" and not informed of this by the litigant's counsel and even State's counsel "failed" to do so. Noting that the employees were in fact serving in...
Gujarat HC Issues Notice To District Development Officer For Not Filing Own Report On Encroachment Removal From Grazing Land In Village
The Gujarat High Court on Friday (February 7) issued notice to the District Development Officer (DDO), Banaskantha to explain why proceedings for deliberate "non-compliance" of its earlier orders asking the officer to inform on the steps taken for removal of encroachments on Gaucher (grazing) land in Salla village be not taken against himThe Division Bench of Chief Justice Sunita Agarwal...