Gujarat High Court Weekly Roundup: August 5 - August 11 2024

Nominal Index [Citations: 2024 LiveLaw (Guj) 102-107]Salman @Mufti Mohammad Salman Azhari S/O Mohammad Hasan Razvi Versus State Of Gujarat & Ors. 2024 LiveLaw (Guj) 102JIL W/O Priyank Manubhai Choksi Versus State Of Gujarat & Anr. 2024 LiveLaw (Guj) 103X and Others. Versus State Of Gujarat & Anr. 2024 LiveLaw (Guj) 104X & Ors. Versus Na 2024 LiveLaw (Guj) 105J Versus A &...

[Sabarmati River Pollution] Gujarat HC Pulls Ahmedabad Mega Clean Association's CEO For Sharing 'Unverified' Video On Illegal Waste Dumping

The Gujarat High Court on Friday directed the CEO of the Ahmedabad Mega Clean Association (AMCA) to tender a public apology and an apology to the court, for circulating a video that inaccurately depicted an Ahmedabad Municipal Corporation (AMC) tanker allegedly dumping untreated sewage into a mega pipeline.While hearing a 2021 suo motu plea concerning the pollution in the Sabarmati river,...

Gujarat High Court Initiates Suo Motu Plea On Appointment Of State Waqf Tribunal Member

The Gujarat High Court on Friday initiated a suo motu petition in connection with appointments made to the State Waqf Tribunal, while it was hearing a plea challenging the appointment of one of the member's–Anwar Hussain Shaikh.Earlier this year, Shaikh was appointed as a member of the Gujarat State Waqf Tribunal. However, this appointment faced opposition, with three persons, claiming to...

[Domicile Certificate] Time Spent By Student In School Abroad Before Returning Can't Be Excluded While Calculating 10-Yr Residential Period: Gujarat HC

In a recent ruling, the Gujarat High Court has granted relief to a student by directing the Mamlatdar to issue a domicile certificate to a student, Tilakkumar Mishra, waiving the minimum criteria of 10 years of continuous residency in the State of Gujarat during which the student lived in Abu Dhabi for three years to pursue his studies.Justice Sunita K Vishen, who presided over the case,...

Unless Disqualified, Wife Has Absolute Right To Maintenance U/S 125 CrPC If Husband Is Healthy And Capable: Gujarat High Court

The Gujarat High Court has recently held that a wife's right to maintenance under Section 125 of the Code of Criminal Procedure (CrPC) from a capable, able bodied husband is absolute, provided there are no disqualifying factors.The Court emphasized that a husband's claim of inability to pay maintenance due to unemployment, poor business conditions, responsibilities towards other family...

Gujarat High Court Pulls Up Officer For "Vehemence", Filing "Misguided Response" To Oppose PIL Seeking Improvement Of State Highway

While hearing a Public Interest Litigation (PIL) seeking improvement of a state highway in Mahisagar district, Gujarat High Court on Friday expressed its displeasure with the affidavit of the concerned official stating that the road was "not totally damaged but had developed potholes", observing that every sentence in a PIL is not to be opposed. Taking a "strong exception" to the...

Gujarat High Court To Examine Order Setting Aside Arbitral Award Over "Exorbitant Fees" Charged By Tribunal

The Gujarat High Court Thursday issued notice on a plea seeking stay of an order setting aside an international arbitral award on various grounds including that the fee charged by the arbitral tribunal was exorbitant.A division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi said, “Let a notice be issued to the Respondent, returnable date 28-8-2024…It is clarified that...

Gujarat High Court Quashes Abetment Of Suicide FIR Against Lawyer Engaged By Wife To Pursue Matrimonial Case Against Husband

The Gujarat High Court recently quashed an FIR registered against a female lawyer engaged by a woman to pursue matrimonial case against her husband. The Court also granted relief to the wife and her mother, booked for abetting her husband's suicide.Observing that there was no intention attributable to the three women, a single judge bench of Justice Divyesh A Joshi said,“the accused no.1...

Wrong Practices Cannot Change Law Of Pleadings: Gujarat High Court On Facts Being Mentioned In Grounds Of Writ Petition

While hearing a matter wherein an alleged “agricultural land” had been declared as “excess land” by the authorities, the Gujarat High Court on Wednesday (August 7) orally remarked that the “law of pleadings” cannot be changed by any “wrong practices”.The high court made the observations after noting that certain factual averments formed part of the grounds mentioned in...

Tolerance Is Foundation Of Marriage But Wife's Family Often Makes Mountain Out Of Mole, Courts Must Be Wary Of False FIRs: Gujarat High Court

Setting aside an FIR lodged by a woman alleging dowry demand and cruelty by her husband and his family members, the Gujarat High Court emphasized that while tolerance should be foundation of a sound marriage, but often in such cases it is found that the family of the wife makes a "mountain out of a mole". In its 44 page judgment a single judge bench of Justice Divyesh A Joshi noted that...

Bikers & Pillion Riders In Ahmedabad Must Wear Helmets: Gujarat High Court Directs State To Implement Rule Within 15 Days

Flagging various issues concerning traffic congestion in Ahmedabad, the Gujarat High Court on Wednesday asked the authorities to implement within 15 days the "mandatory requirement" of wearing of helmet by two wheeler riders including the pillion rider. A division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi were hearing a public interest litigation (PIL) moved by 20...

Indiscriminate Sewage, Industrial Waste Disposal Into Sabarmati River Turning It Into "Cesspool Of Dangerous Bacteria": Gujarat High Court

Expressing concern at the "indiscriminate" disposal of Ahmedabad's sewage and industrial waste into the Sabarmati river turning it into a "cesspool of dangerous" drug-resistant bacteria, the Gujarat High Court directed the concerned authorities to include all stakeholders for working out reutilisation of treated industrial wastewater. A special division bench of Chief Justice Sunita Agarwal...