Gujarat High Court
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...
Ancestral Property, Right Of Birth Wholly Foreign To Muslim Law: Gujarat High Court Rejects Woman's Plea For Share In Father's Estate
The Gujarat High Court has held that the concepts of 'joint family property', 'ancestral property' and 'right by birth' as understood in Hindu law, cannot be invoked in disputes governed by Mohammedan law.The court made the observation while setting aside trial court's temporary injunction order granted in favour of a Muslim woman in her suit seeking administration of her deceased estate....
Father Not Protecting Married Daughter Who Comes Back Home Alleging Abuse By Husband Can Lead Her To Commit Suicide: Gujarat High Court
The Gujarat High Court has observed that when a married woman returns to her parental home alleging abuse by her husband, the failure of her parents, particularly her father, to protect her at that stage may also contribute to her decision to commit suicide. The Court made this observation while setting aside the conviction of a husband under Sections 498A (cruelty by husband) and 306...
Minor Accident Victim Who Underwent Amputation Can't Be Awarded 'Token' Damages: Gujarat High Court Enhances Compensation To ₹21.19 Lakh
The Gujarat High Court has enhanced compensation awarded to a minor accident victim from ₹8.77 lakh to ₹21.19 lakh, holding that the Motor Accident Claims Tribunal erred in applying a notional income, under-assessing functional disability, and awarding inadequate non-pecuniary damages.A Single Judge Bench of Justice Hasmukh D. Suthar was hearing a first appeal filed by Umiya Nitingar...
Working Mother Leaving Child With Her Parents Not Illegal Detention, Habeas Corpus Can't Bypass Custody Proceedings: Gujarat High Court
The Gujarat High Court has held that a working mother's decision to leave her minor daughter with her own parents for care and upbringing does not amount to illegal confinement and cannot be challenged in a habeas corpus plea, particularly in the absence of any custody order or pending custody proceedings.A Division Bench of Justice N.S. Sanjay Gowda and Justice D.M. Vyas was hearing a...
Admission In Employer's Written Statement Sufficient To Prove Employment Relationship Under Workmen's Compensation Act: Gujarat High Court
The Gujarat High Court quashed an order rejecting a compensation claim by the kin of a deceased worker holding that a clear admission made by the employer in a written statement filed before the authority is sufficient to establish existence of an employer–employee relationship under the Workmen's Compensation Act. In doing so the court observed that strict proof as per Indian Evidence Act...
Advocate's Clerk Can Be A Valid Attesting Witness To Will: Gujarat High Court
The Gujarat High Court has held that the mere fact that an attesting witness to a Will is employed as a clerk with an advocate appearing in the matter cannot, by itself, render the witness unreliable or the Will suspicious, particularly when such witness has been examined by the very party seeking to challenge the Will. Justice J.C. Doshi was hearing an appeal filed by Mahesh Natubhai Gamit...
Municipality Cannot Benefit Private Party At Cost Of State; Disposal Of Public Property Must Be In Public Interest & Free From Bias: Gujarat HC
The Gujarat High Court has held that the State and municipal authorities cannot act in a manner that benefits a private party at the cost of public property, and that any such action would be unreasonable and contrary to public interest. The Court observed that public authorities are bound by the doctrine of public trust and cannot alienate municipal land in an arbitrary manner.A Single...
'Lowered Dignity Of Institution': Gujarat High Court Issues Contempt Notice To Litigant Claiming Courts Disregard SC Orders
The Gujarat High Court issued contempt notice to a litigant who had claimed that the general opinion was while Supreme Court passes orders and shows proactiveness to address public safety issues, other constitutional courts "flagrantly disregard the law". The court was hearing a plea by Vishwas Sudhanshu Bhamburkar, who appeared as party-in-person, challenging Magistrate Court's order...