Gujarat High Court
Minor Refuses To Return Home, Alleges Forced Marriage: Gujarat High Court Orders Custody With Children Home
The Gujarat High Court directed the Children's Home in Mehsana to take the custody of a 16-year-old girl until she attains the age of majority, after she informed that she had voluntarily left her home alleging she was being tortured and coerced by her parents to marry a person against her choice.The court was hearing a habeas corpus petition filed by the father of the girl who had claimed...
Gujarat High Court Directs NID To Issue Mark-Sheet To Student Who Was Admitted Against Vacant Reserved Seat Under Interim Orders
The Gujarat High Court has directed the National Institute of Design (NID) to issue mark sheets and related academic documents to a student who completed his course after being granted admission against vacant reserved seats pursuant to a 2021 interim order.Granting relief, Justice Nirzar S. Desai observed:“It is an undisputed position that the present applicant has successfully passed out...
Mortgage By Conditional Sale Retains Debtor-Creditor Relationship, Distinct From Sale With Repurchase Option: Gujarat High Court
Emphasizing the distinction between a "mortgage by conditional sale" and a "sale with a condition to repurchase", the Gujarat High Court reiterated that a transaction which creates debtor-creditor relationship and right of redemption subsists in favour of mortgagor, must be treated as a mortgage with conditional sale. Justice J.C. Doshi referred to Supreme Court's decision in Patel...
'One Incident' Of Husband Slapping Wife For Staying Overnight At Parent's Home Without Telling Him Not Cruelty: Gujarat High Court
The Gujarat High Court has observed that "one incident" of a husband slapping his wife on the ground of her staying overnight at parental home without informing him would not amount to cruelty under Section 498A IPC.Acquitting the husband accused of cruelty and abetment to suicide after 23 years, the court further said that allegation of persistent, unbearable continuous beatings by husband...
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...