Gujarat High Court
Chances Of 26 Weeks Old Foetus Surviving Extremely Low: Gujarat High Court Allows Rape Victim To Terminate Pregnancy
The Gujarat High Court recently permitted a rape victim to medically terminate her pregnancy of 26 weeks, stating that chances of survival of the foetus are extremely low at this gestational period.Justice Samir J. Dave observed,"according to Indian Medical Association guidelines, age of viability has been deemed to be 28 weeks of gestation or 1000 grams, both of which are not sufficed in...
Gujarat High Court Seeks State Govt's Reply On PIL Against Use Of Loudspeakers By Mosques For Azaan
The Gujarat High Court on Monday directed the Gujarat Government to file its reply on a Public Interest Litigation (PIL) plea seeking a direction to the state government to take appropriate measures for banning the use of loudspeakers in mosques for Azaan, 5 times a day, across the State.The bench of Acting Chief Justice A. J. Desai and Justice Biren Vaishnav passed this order while allowing...
Gujarat High Court Registers Suo Moto PIL Regarding Alleged Use Of Minors To Traffic/Supply Drugs In Ahmedabad
The Gujarat High Court today initiated a suo moto Public Interest Litigation (PIL) regarding the alleged use of minor girls to traffic/push drugs in the city of Ahmedabad. A notice has been issued to the State Government through the Secretary Home Department, the Director General of Police, the Women and Child Development Department, the State of Gujarat and the Inspector General of...
Appellate Court Should Not Interfere With Trial Court's Acquittal Order Merely Because Two Views Are Possible: Gujarat High Court
A bench of Justice Rajendra M.Sareen of Gujarat High Court confirmed the acquittal of the accused person charged under Sections 498(A), 306 and 114 of the Indian Penal Code, 1860 (IPC).The court reiterated that when two views are possible, the judgment and order of acquittal passed by the trial Court should not be interfered with by the Appellate Court unless for the special reasons.The...
Reversal of ITC At Midnight During Search And Seizure Operation Can't Be Treated As Voluntary Payment: Gujarat High Court Directs Refund
The Gujarat High Court has held that the reversal of input tax credit (ITC) at midnight during search and seizure operations can't be treated as a voluntary payment.The division bench of Justice Sonia Gokani and Justice Sandeep S. Bhatt has directed the department to reverse the ITC to the tune of Rs. 37,68,300 along with 6% interest.The petitioner is in the business of trading...
Father Lawful Guardian Of Child Below 5 Yrs, Removing Such Child From Mother's Custody Not Kidnapping U/S 361: Gujarat High Court
The Gujarat High Court recently reiterated that father being a natural and lawful guardian, removal by him of his son below 5 years of age from his mother is not an offence under Section 361 (Kidnapping from lawful guardianship) of IPC.While quashing the criminal proceedings against the applicants, the single judge bench of Justice Ilesh J. Vora observed:“In order to constitute an offence...
Gujarat High Court Sets Aside Order Denying Arms License To Businessman Saying He May Deal In Digital Payment To Avoid Threats In Cash Transactions
The Gujarat High Court on Monday set aside an order of Single Judge Bench of the High Court which denied the arms licence to a business man who had requested for the same as he had to deal with cash transactions, on the ground that there were options open for him to deal through digitized payment and avoid cash transactions.While allowing the Letters Patent Appeal filed by the appellant,...
Gujarat High Court Dismisses With Cost Husband's Habeas Corpus Plea To Trace Wife, For Suppressing Parallel Search Proceedings U/S 97 CrPC
The Gujarat High Court recently dismissed with costs, a habeas corpus petition filed by a husband for the production of his wife who was allegedly kidnapped by her relatives, on the ground that the husband has concealed the fact that he has already filed an application under section 97 (Search for persons wrongfully confined) of CrPC.The division bench of Justice N.V. Anjaria and Justice Niral...
Element Of Love Affair, Virtually Resided As Husband-Wife: Gujarat High Court Suspends Sentence Of POCSO Convict
The Gujarat High Court recently granted bail to a convict under POCSO Act on the ground that there was element of love affair and the prosecutorix had virtually resided with the convict as husband and wife, till they were apprehended.The applicant-convict approached the High Court in appeal against the judgment and order dated December 12, 2022 by which he was convicted by the POCSO Court,...
After Kerala, Gujarat High Court Seeks TRAI's Response On Cable Operators' Plea Against Increased Channel Pricing
The Gujarat High Court on Wednesday issued notice to Telecom Regulatory Authority of India (TRAI) in a writ petition filed by Cable Operator Association of Gujarat challenging the new Tariff Orders by which broadcasters have increased channel prices from Rs. 12 to Rs. 19 for inclusion in bouquets offered to cable subscribers.The petitioner challenged the Telecommunication (Broadcasting and...
'Greater Diversity & Inclusion' : SC Collegium Picks Lawyer With Disabilities, ST Lawyer, Trial Court Practitioner
The resolution passed by the Supreme Court Collegium on Thursday is notable for picking up a lawyer with physical disabilities for elevation as a judge of the High Court.The 3-member collegium headed by Chief Justice of India DY Chandrachud recommended the appointment of Ms. Moxa Kiran Thakker, with a practice on both civil and criminal sides, as a judge of the Gujarat High Court. The...
Can't Entertain Plea For Demolition Unless It Specifies Particular Area Of Encroachment: Gujarat High Court
The Gujarat High Court has made it clear that it cannot issue a direction simply on a plea for demolition, not describing the particular area which is allegedly under encroachment.Single bench of Justice Nirzar S. Desai dismissed a writ petition seeking demolition of alleged illegal encroachment in Gujarat Housing Board in Chandkhela area of Ahmedabad. It observed,“Unless the petition...