Gujarat High Court
Dying Declaration Proves Assailant, Not Intention To Kill: Gujarat High Court Converts Murder Conviction To Culpable Homicide
The Gujarat High Court modified a murder conviction into culpable homicide not amounting to murder, holding that although the dying declaration established the accused's role in causing injuries, the overall circumstances reflected absence of intention to kill.Allowing the appeal partly, the Division Bench of Justice Ilesh Vora and Justice R.T. Vacchani specifically observed:“While the...
Order 43 Rule 1(c) CPC | Appeal Maintainable Against Rejection Of Delay Condonation In Plea For Restoration Of Suit: Gujarat High Court
The Gujarat High Court has held that an appeal under Order 43 Rule 1(c) CPC is maintainable against an order rejecting condonation of delay in filing an application for restoring a suit which was dismissed for default, holding that such rejection effectively amounts to dismissal of the restoration application itself.The question involved petition was whether a Civil Miscellaneous Appeal...
Litigants Can't Plead Ignorance When Judgments Are Uploaded Online: Gujarat High Court Refuses To Restore Suit Dismissed For Default
The Gujarat High Court upheld a trial court order which refused to condone delay of 14 months and 15 days to restore a civil suit which was dismissed for default, observing that litigants cannot evade responsibility by blaming their advocates claiming ignorance of court orders uploaded online in the digital era. Emphasizing the duty of litigants to remain vigilant about their own cases,...
Unregistered Nikahnama, Lack Of Marriage Photo Or Service Record Entry Can't Defeat Widow's Pension Claim: Gujarat High Court
The Gujarat High Court has held that denial of family pension on the ground that the marriage was not solemnized as it was not reflected in the employee's service records or supported by photographs is “highly improper and unjust”.In doing so the court directed the Ahmedabad Municipal Corporation to treat the petitioner as the legally wedded wife of the corporation's deceased employee...
'Days Of Deepfakes': Gujarat High Court Rejects PIL Filed Solely Based On WhatsApp Video Alleging Illegal Demolition Of College Building
The Gujarat High Court dismissed a PIL alleging illegal demolition of a college building based on a video received by the litigant over WhatsApp, observing that in the age of "deepfake"— images, videos and audios can be edited or generated using artificial intelligence (AI) to target any person. The court also said that such videos are circulated and made viral by people wherein none of...
2002 Gujarat Riots: High Court Upholds Murder Acquittal Of Two, Cites State's Failure To Prove Where Body Was Recovered From
The Gujarat High Court has upheld the acquittal of two in a murder case connected to the 2002 post Godhra train burning communal riots, finding that the prosecution's case was riddled with hearsay evidence, material contradictions in eyewitness testimony, as well as the failure to establish where dead body was recovered from. Pointing out these infirmities, the Division Bench comprising...
'Each Day's Delay Will Add To Agony': Gujarat High Court Permits Termination Of 15-Week Pregnancy Of Minor Rape Survivor
The Gujarat High Court directed medical termination of a minor rape survivor's 15-week pregnancy observing that "each day's delay will add" to her "agony". Justice M.R. Mengdey observed: "Considering the fact that each day's delay will add to the victim's agony, the following directions are issued :(i) The victim is permitted to get the pregnancy terminated at the Zydus Medical College...
Dacoity Charge Fails After One Of Five Accused Acquitted, Gujarat High Court Sustains Robbery Conviction
The Gujarat High Court set aside dacoity conviction after charge against one of the five co-accused was not proved and hence the offence, which requires a minimum of five persons, could not be proved by the prosecution. Partly allowing the appeals, the Division Bench comprising Justice Ilesh J. Vora and Justice R. T. Vachhani observed:"The Trial Court convicted the accused under Section 395...
Gujarat High Court Weekly Round-Up : February 16 - February 22, 2026
Citations: 2026 LiveLaw (Guj) 40 to 2026 LiveLaw (Guj) 54Nominal Index Mahendra Shanabhai Patel & Ors. v. The District Magistrate & Ors 2026 LiveLaw (Guj) 40 Gujarat Vidhyapith v. Raxaben Anilkumar Patel & Anr. 2026 LiveLaw (Guj) 41Vinodbhai Tilakdhari Tiwari v State Of Gujarat & Ors. 2026 LiveLaw (Guj) 42Surat Manav Seva Sangh v Employees State Insurance Corporation 2026...
Mother Is Natural Guardian Of Girl Aged Below 5 Yrs, Disputed Separation Deed Giving Custody To Father No Bar: Gujarat High Court
The Gujarat High Court has held that under the Hindu Minority and Guardianship Act that the mother is the natural guardian of a girl aged below five years, and that the father cannot take care of such a girl child in a way the mother can.It further ruled that father seeking custody based on disputed separation deed claiming mother voluntarily agreed to hand over custody would not be a bar to...
Mere Possibility Of Meter Tampering Not Enough To Prove Electricity Theft By Consumer: Gujarat High Court
The Gujarat High Court has held that an electricity company cannot raise theft bills or recover such charges from a consumer merely on an assumption of meter tampering.The court was hearing an appeal filed by the Executive Engineer of Gujarat Electricity Board (now Paschim Gujarat Vij Company Ltd.) against a trial court order which had rejected its claim of electricity theft while relying on...
Unmarried Woman Can't Be Denied Public Employment Over Fear That She May Relocate After Marriage: Gujarat High Court
The Gujarat High Court has held that denying public employment to an unmarried woman on the ground that she may marry and relocate is arbitrary and unconstitutional, observing that such reasoning reflects clear favouritism and violates equality principles.Coming down heavily on the appointing authority, Justice Maulik J. Shelat observed, “This is a classic example of outright favouritism by...