Gujarat High Court
Students Can't Suffer Due To Dispute Over Approval Of College: Gujarat High Court Orders Grant Of License To Homeopathy Doctors
The Gujarat High Court has held that students who had completed their Homeopathy course under protection of interim court orders cannot be denied license to practice or recognition of their degrees merely because dispute over grant of approval to the college by the regulator remained unresolved.Considering the plight of students, Justice Nirzar S Desai noted,“Now, at this stage, though...
Gujarat High Court Cautions Trial Judges To Avoid Drafting Mistakes In Judgments, After Finding Copy-Paste Errors In Arbitration Order
The Gujarat High Court has cautioned Commercial and Trial Court judges across the State after finding drafting errors in a Section 34 order under the Arbitration and Conciliation Act, directing that its observations be circulated to all district courts to prevent recurrence of such mistakes.Emphasising the need for judicial diligence, the Division Bench of Chief Justice Sunita Agarwal and...
Gujarat High Court Weekly Round-Up : February 09 - February 15, 2026
Citations: 2026 LiveLaw (Guj) 34 to 2026 LiveLaw (Guj) 39Nominal Index Mahesh Natubhai Gamit & Ors. V. Chhaganbhai Reshiabhai Through Heirs And L.R. & Ors. 2026 LiveLaw (Guj) 34Bhimaben wd/o Bhagoji Raghoji Uttekar & Ors. v. Nanubhai Ramanlal Shah & Anr. 2026 LiveLaw (Guj) 35Akulkumar Dineshbhai Rana & Anr. v. State Of Gujarat & Ors. 2026 LiveLaw (Guj) 36Umiya...
Heirs Can't Seek Setting Aside Of Ex-Parte Decree Without Explaining Original Defendant's Non-Appearance: Gujarat High Court
The Gujarat High Court has observed that heirs of a party cannot seek setting aside of an ex-parte decree without explaining or showing "sufficient cause" for non-appearance of their mother, despite being represented by an advocate in the court. Justice Devan M. Desai observed that even if a liberal view is to be adopted while considering restoration applications, “the defendant, at least...
2002 Godhra Riots: Gujarat High Court Rejects Victim's Plea For Additional Ex-Gratia Compensation Citing 'General & Vague' Particulars
The Gujarat High Court dismissed a petition seeking additional ex-gratia compensation under the relief and rehabilitation packages announced for victims of the 2002 Post Godhra train burning communal riots, observing that the prayers were “general and vague in nature not specifying any categories or any deficiencies".The petitioner was a victim of mob fury and the communal riots, which...
Employee Can't Be Denied Promotion Due To Employer's Failure To Timely Communicate Annual Performance Reports: Gujarat High Court
The Gujarat High Court has held that denial of promotion by Indian Railway Catering and Tourism Corporation Ltd based on Annual Performance Appraisal Reports (APARs) communicated belatedly violates principles of natural justice, and directed reconsideration of an employee's promotion without applying the benchmark requirement.Justice Maulik J. Shelat was hearing a writ petition filed by...
Commission-Based Workers At Civil Hospital Not Govt Servants; No Right To Regularisation: Gujarat High Court
Holding that handicapped staff at Ahmedabad's Civil Hospital issuing case papers were only working on a contractual basis, earning a commission and were never appointed through a regular recruitment process, the Gujarat High Court refused to grant them status as government servants or direct regularisation of service.The court further said that since none of the petitioners were...
Quashed FIR For Minor Offence Not Ground To Deny Job In Police Force: Gujarat High Court
The Gujarat High Court has held that a candidate selected for the post of Unarmed Police Constable cannot be denied appointment solely on the basis of a pending criminal case, especially when the FIR has been quashed. In doing so the Court quashed the order refusing appointment and directed reconsideration of the candidate's case. Justice Nirzar S. Desai was hearing a Special Civil...
S.45A ESI Act | Charitable Trust Running Pathology Lab Not 'Factory': Gujarat High Court Sets Aside Orders To Pay Contribution Dues
Holding that activities of a charitable trust providing diagnostic services within a Government Civil Hospital does not prima facie fall within the definition of “factory” under Employees' State Insurance Act, the Gujarat High Court quashed ESIC's Section 45A orders for payment of contribution dues by trust.As per Section 2(12) Factory means any premises including the precincts thereof...
S.346(2) BNSS | Remand Beyond 15 Days Of Accused Already In Custody Not Illegal, Habeas Corpus Won't Lie In Every Case: Gujarat High Court
The Gujarat High Court has observed that remand of an accused already in custody beyond the 15-day period prescribed under first proviso to Section 346(2) BNSS is not illegal, and a habeas corpus will not lie unless the remand order is shown to be patently illegal, without jurisdiction or passed mechanically.For context, Section 346 BNSS refers to power of the court to postpone or...
'UGC Plays No Role In Appointing Non-Teaching Staff': High Court Quashes Termination Of Librarian By Gujarat Vidhyapith After 18 Years
The Gujarat High Court dismissed an appeal by Gujarat Vidhyapith challenging a Single Judge's order which had set aside the termination of a long-serving Assistant Librarian and directed payment of back wages and retiral benefits.A Division Bench of Justice Bhargav D. Karia and Justice L.S. Pirzada was hearing a Letters Patent Appeal arising from an order passed in a writ petition filed by...
Human Rights Commission Can't Entertain Private Property Disputes: Gujarat High Court Issues Directions To Prevent Jurisdictional Overreach
Observing that a grievance relating to share in property “cannot, by any stretch of imagination, be treated as a violation of human rights,” the Gujarat High Court quashed proceedings initiated by the State Human Rights Commission in a family property dispute.In doing so the court also issued detailed directions to regulate the Commission's exercise of jurisdiction while considering cases...