Gujarat High Court
Will Cast 'Financial Burden': Gujarat HC Quashes Order Directing Ahmedabad Municipal Corporation To Retrospectively Regularize Daily Wagers
In case pertaining to regularization of daily wage employees, the Gujarat High Court highlighted the importance of adhering to policy frameworks to avoid financial constraints and held that Ahmedabad Municipal Corporation cannot be forced to create supernumerary posts with a retrospective date as it would create financial burden and disrupt administrative uniformity.The court thus set aside...
Gandhi Ashram Revamp: Gujarat HC Rejects Resident's Plea For 4 Housing Units, Says Compensation Granted By Collector 'Benevolent'
In a recent ruling, the Gujarat High Court dismissed plea of a long-term resident living in the precincts of the Gandhi Ashram challenging the compensation granted to her under the Ashram re-development policy, seeking additional housing units and financial compensation as offered to the other residents who were rehabilitated. In doing so the High Court upheld the decision of the...
'No Premeditation': Gujarat HC Overturns Murder Conviction Of Two Who Caused Fatal Injuries From Iron Strips, Convicts For Culpable Homicide
The Gujarat High Court overturned the murder conviction of two men to culpable homicide not amounting murder, after noting that the facts of the case the ingredients of the offence of murder under the IPC were not made out. In doing so a division bench of Justice Ilesh Vora and and Justice S.V. Pinto reiterated the distinction between murder and culpable homicide not amounting to murder which...
Gujarat High Court Seeks Stand Of State, Harij Nagar Palika In PIL On Pollution Of Lake Due To Dumping Of Waste
The Gujarat High Court on December 12 (Thursday) sought the stand of the State and Harij Nagar Palika located in Patan District in a PIL petition concerning pollution in a lake in the area allegedly due to untreated sewage being diverted into the water body which is stated the largest lake in the town. A division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi issued notice...
Mere Existence Of Arbitration Clause In Agreement Does Not Automatically Bar Jurisdiction Of Civil Court: Gujarat High Court
The Gujarat High Court bench of Justice Divyesh A. Joshi has held that mere existence of arbitration clause in the agreement does not bar jurisdiction of the civil court automatically. Brief Facts This Civil Revision Application under section 115 of the CPC has been filed against an order passed by the Additional Senior Civil Judge, Ahmedabad by which an application under section...
An Independent Judiciary Is Responsible For Rule Of Law, Extremely Important To Meet Its Needs And Requirements: Justice Surya Kant
While speaking at the inauguration of various infrastructure and technological projects at the Gujarat High Court on Saturday (December 7) Supreme Court judge Justice Surya Kant emphasized that since the responsibility of rule of law lies on the "independent organ of judiciary", its needs, requirements must be met supplemented with a vision of its development.Elucidating on the judiciary's...
Gujarat High Court Issues Guidelines To Be Complied By Committee Dealing With Land Grabbing Proceedings
While hearing a land grabbing case, the Gujarat High Court issued comprehensive guidelines to be followed by the Committee notified under the Gujarat Land Grabbing (Prohibition) Act, 2020 and relevant rules which conducts inquiry in such cases. The guidelines were issued by a division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi for compliance by the Committee that...
Gujarat High Court Declines Bail To Husband Booked For Wife's Murder After Noting That He Tried To Mislead The Probe
The Gujarat High Court recently rejected a man's bail plea who is accused of his wife's murder after noting that he had attempted to mislead the probe by first filing a missing person complaint and a habeas corpus petition before the court despite identifying the place from where the remains of his deceased wife's body were dug out.Justice A.Y. Kogje in his November 29 order observed:The...
All Weather Motorable Roads Being Constructed In Chhotaudepur's Remote Areas: Gujarat HC Told After Pregnant Woman Dies On Way To Ambulance
The State government told the Gujarat High Court on Friday (December 6) that all-weather motorable roads were being constructed wherever feasible in remote areas of Chhotaudepur to ensure that ambulances reach at the sight of emergency and new portable stretchers are being provided for carrying patients from their residence to the ambulance stop. The submission was made before a Chief...
'We Are Not The Police': Gujarat High Court In PIL On Violation Of Ammonium Nitrate Rules, Asks Litigant To Approach Authorities First
Permitting withdrawal of a PIL highlighting the alleged non-compliance of Ammonium Nitrate Rules 2012 by certain entities in handling the chemical, the Gujarat High Court on Wednesday (December 4) asked the petitioner to first approach the concerned authorities empowered to look into the issue, and approach the court only if there is any inaction. “Have you made any effort to approach...
Gujarat High Court Asks Police To Probe Rape FIR Against BJP MLA Without 'Fear And Favour'
The State Police has informed the Gujarat High Court that it has registered an FIR against BJP MLA from Prantij- Gajendrasinh Udesinh Parmar, after a woman moved a plea seeking lodging of an FIR on the allegations of rape. In view of this submission, the court disposed of the woman's plea noting that her grievance has been satisfied at this stage.The court however said that it hopes and...
Be Sensitive, Avoid Lengthy Civil Procedure: Gujarat High Court Asks Family Courts To Proceed More Like Conciliators, Sets Out Principles
While considering a wife's plea against a family court's verdict which refused to grant her divorce, the Gujarat High Court underscored that in adjudicating family dispute cases including Child Custody and Maintenance, family courts must deal with them with sensitivity with the welfare of those affected being the focus. The high court was considering the wife's appeal against the decision of...