‘14-15 Year-Old Girls Used To Get Married & Deliver Child Before 17 In Past, Read Manusmriti’: Gujarat HC In Plea For Termination Of Minor’s 7-Month Fetus

While dealing with a plea seeking termination of over 7-month-old fetus of a minor rape survivor (aged 16 years 11 months old), the Gujarat High Court orally observed as to how it was normal in the past for 14-15-year-old girls to get married and deliver a child before they turn 17. As the Counsel for the father of the rape survivor pressed for medical termination of the fetus in view...

GST Payable Only On The Cost of Construction and Not On The Cost Of Land: Gujarat High Court

The Gujarat High Court, while giving major relief to the buyers, has held that GST is payable only on the cost of construction and not on the cost of land.The bench of Justice J.B. Pardiwala and Justice Nisha M. Thakore has observed that in the sale of a flat, villa, or commercial property, the actual land value or undivided share is not at all subject to GST. The value of the land or...

Gujarat High Court Dismisses Petition Seeking Relaxation In Age Criteria For Gujarati Stenographer Recruitment

The Gujarat High Court has dismissed a woman's petition seeking relaxation in the age criteria for the post of Gujarati Stenographer."Since in the present case, the petitioner failed to establish that she is possessing the prescribed age limit on the date of the advertisement or is there any relaxation rule which permit her to participate in the selection process and further to participate in...

Doctor Accused of Issuing Fraudulent Medical Certificates To Prisoners, Gujarat High Court Orders Probe

The Gujarat High Court has ordered a police investigation against a doctor accused of issuing fraudulent medical certificates to prisoners to help them secure bail.This decision was prompted by two applications from prisoners seeking temporary bail for medical treatment, which led the court to scrutinize the authenticity of the medical certificates involved. The bench comprising Justice...

Gujarat High Court Dismisses Appeals Seeking 'Equal Pay For Equal Work' For Teachers With Diploma in Drawing

The Gujarat High Court has dismissed a batch of appeals seeking ‘equal pay for equal work’ for drawing teachers with diploma qualification, at par with other secondary teachers who possess degree qualification in the subject.“Law is categorically settled that the classification based on educational qualification is a reasonable and acceptable classification, when the different...

Assault Case Against Delhi LG Vinai Saxena| Gujarat High Court Stays Criminal Trial Proceedings Pending In Ahmedabad Court

The Gujarat High Court today granted ad-interim relief to Delhi Lieutenant Governor (L-G) Vinai Kumar Saxena in his plea for abeyance of trial in a 2002 assault case until he holds the post of LG. The Court has essentially granted an interim stay on the proceedings in the criminal trial case pending before the Ahmedabad Court.Earlier, on May 9, an Ahmedabad metropolitan court rejected...

Only Because Of FIR By Wife, He Has Filed Petition For Custody Of Children: Gujarat High Court Dismisses Habeas Corpus Plea

The Gujarat High Court recently dismissed a habeas corpus petition filed by a father who sought the custody of his children from his wife who is living separately, on the ground that the petitioner-father has not adopted alternative remedies available to him.The division bench of Justice Umesh A. Trivedi and Justice M. K. Thakker observed:“It is only because he is facing FIR for the...

Not Proper To Shift Burden On Complainant To Prove NI Act Case Beyond ‘Reasonable Doubt’ When Accused Didn’t Respond To Statutory Notice: Gujarat HC

While allowing a leave to appeal against acquittal in a criminal case under Section 138 of the N.I. Act, the Gujarat High Court said the Magistrate's approach in shifting the burden upon the complainant to prove his case beyond reasonable doubt was not proper “when the accused has chosen not to question the financial capacity of complainant at very first instance by not replying to...

Gujarat High Court Upholds Special Judge's Order Remanding Accused To CBI Custody Even After Grant Of Anticipatory Bail

The Gujarat High Court has upheld an order remanding a co-accused in a bribery case against IRS Officer Santosh Karnani, to police remand even after grant of anticipatory bail. Karnani was Additional Income-Tax Commissioner, Ahmedabad.Malav Ajitbhai Mehta had challenged the order passed by the Special Judge – CBI, City Civil & Sessions Court, Ahmedabad sending him to police remand for...

Court Can Allow Evidence On Affidavit In DV Act Case: Gujarat High Court

The Gujarat High Court recently held that a court can deviate from procedure mentioned under Section 28 (1) read with Rule 6(5) of The Protection of Women from Domestic Violence Act, 2005, and devise its own procedure which would include permitting evidence by way of an affidavit.The single judge bench comprising Justice Samir J. Dave noted:“….Court can allow evidence on affidavit in...

Gujarat High Court Quashes Grant Of Tender, Holds Fresh Auction In Open Court

The Gujarat High Court recently quashed a tender granted to M.S. Traders on the ground that the portal through which the auction was to be finalized did not work on the last date of the auction. The plea before the court sought re-auction for the tender published by Gujarat Secondary & Higher Secondary Education Board (GSHSEB),The division bench of the Acting Chief Justice A. J. Desai...

Gujarat High Court Grants Relief To Child Denied Admission For Falling Short Of Age Criterion By One Day

While granting relief to a student who was falling short of the age criteria of six years just by one day, the Gujarat High Court has directed that the case of the student be considered for admission and not be denied solely on this ground. The student had not completed 6 years of age as on 01.06.2023.The aforementioned ruling by Justice Sangeeta K Vishen comes on the heels of the introduction...