Gujarat High Court
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...
Gujarat High Court Grants Ad-Interim Bail To Film Director Rajkumar Santoshi In Cheque Bouncing Case
The Gujarat High Court on Monday (December 2) granted ad-interim bail to noted film director, screenwriter and producer Rajkumar Santoshi who has been booked in connection with a cheque bouncing case under Section 138 of Negotiable Instruments Act (NI Act).After hearing the arguments Justice MR Mengdey in his order dictated, “Issue notice returnable on February 13. Learned advocate...
Providing "Ambiguous Reasons" Akin To Non-Speaking Order: Gujarat HC Sets Aside Revenue Tribunal's Order Condoning 22-Yrs Delay By State
The Gujarat High Court on Monday (November 25) quashed and set aside the order of the Gujarat Revenue Tribunal that condoned the delay of approximately 22 years and 8 months in challenging an order issued by the Deputy Collector. In doing so the court noted that the reasons provided by the Tribunal were unsustainable and its order was akin to a non speaking order. The case centred on the...
CID Crime Which Probes Serious Offences Has Been Lodging FIRs In Cases Of Civil Nature 'For Reasons Best Known' To Its DGP: Gujarat HC
The Gujarat High Court on Wednesday (November 27) said that it had come across many matters where for reasons best known to its Direct General of Police, the CID Crime–a specialized unit focussed on preventing/investigating serious offences–has been in "recent times" registering FIRs related to civil disputes, particularly those involving financial transactions or property matters.In doing...
Can Draw Analogy From Motor Vehicles Act To Calculate Compensation To Victims Of Vadodara Boat Capsize Incident: Gujarat High Court
While hearing a plea concerning the January 18 Harni Lake boat capsize incident in Vadodara, the Gujarat High Court on Friday (November 29) said that the compensation to the victims and their kin can be computed by drawing analogy from the principles enshrined under the Motor Vehicles Act. During the hearing a division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi noted...