Gujarat High Court Annual Digest 2024: Part-II [Citations 101-199]

Citations 2024 LiveLaw (Guj) 101 to LiveLaw (Guj) 199101. [Indian Succession Act] Surety Only Required For Issuing Letters Of Administration, Not For Issuance Of Probate Of Will: Gujarat High CourtCase Title: Mihir Ramesh Bhatt & Ors. Versus NALL Citation: 2024 LiveLaw (Guj) 101Recently, Gujarat High Court has held an executor of a Will did not require any surety and bond for getting Probate. However, to get letters of administration does require surety and bond. It is the case of a Will made by Ms. Gira Sarabhai who died in July 2021. Her Will nominated executors to carry out the will. They filed for probate, but the City Civil Court, Ahmedabad asked them to furnish surety and bond as envisaged by the Civil Manual and the Indian Succession Act, 1925. The executors appealed against this decision. The High Court considered Indian Succession Act and observes that it is surety and bond that is provided only to letters of administration, and not probate. This is because "probate is a certificate of which a copy a Will proves to be and letters of administration are granting of permission by the court to anyone to administer estate". The High Court further amended the order of the lower court to state that the probate certificate be issued not requiring surety and bond from the executors. This decision was arrived at on the clear distinction the law made between probate and letters of administration. Thus, the executors of the Will of Ms. Gira Sarabhai can now obtain the probate certificate without meeting the conditions of surety and bond102. Gujarat High Court Dismisses Maulana Mufti Salman Azhari's Plea Against PASA DetentionCase Title - Salman @Mufti Mohammad Salman Azhari S/O Mohammad Hasan Razvi Versus State Of Gujarat & Ors.LL Citation: 2024 LiveLaw (Guj) 102The Gujarat High Court has dismissed a petition filed by Maulana Mufti Salman Azhari challenging his detention under the Prevention of Anti-Social Activities Act (PASA).The Court ruled that despite Azhari's claims of not being given a proper opportunity to make a representation under Article 22(5) of the Constitution of India, the detention order was valid.The division bench comprising Justices Ilesh J Vora and Vimal K Vyas observed, “As discussed, the contentions that proper opportunity to make representation as mandated under Article 22(5) of the Constitution of India, has not been given, having no any merits, as despite of language barrier the petitioner made effective representation through his brother as well as social worker and therefore, considering the peculiar facts and circumstances of the present case, merely, non-supplying the documents and grounds of detention in the language understandable to him, would not vitiate his detention order.”103. Family Conversations Secretly Recorded By Wife To Prove Domestic Violence And Cruelty Admissible In Evidence: Gujarat High CourtCase Title - JIL W/O Priyank Manubhai Choksi Versus State Of Gujarat & Anr.LL Citation: 2024 LiveLaw (Guj) 103The Gujarat High Court has recently ruled that family conversations secretly recorded by a wife to substantiate her claims of domestic violence and cruelty against the husband, his family are admissible as evidence, adding that in "family matters" all such documents become admissible regardless of their relevance or if they can be proved as per the Indian Evidence Act.In doing so, the high court emphasized the relevance of such recordings, even if made without the husband's and in-laws' knowledge.104. Tolerance Is Foundation Of Marriage But Wife's Family Often Makes Mountain Out Of Mole, Courts Must Be Wary Of False FIRs: Gujarat High CourtCase Title: X and Others. Versus State Of Gujarat & Anr.LL Citation: 2024 LiveLaw (Guj) 104Setting aside an FIR lodged by a woman alleging dowry demand and cruelty by her husband and his family members, the Gujarat High Court emphasized that while tolerance should be foundation of a sound marriage, but often in such cases it is found that the family of the wife makes a "mountain out of a mole".In its 44 page judgment a single judge bench of Justice Divyesh A Joshi noted that many times in such cases, the parents and close relatives of the wife make a "mountain of a mole". It thereafter said, “instead of salvaging the situation and making all possible endeavours to save the marriage, their action either due to ignorance or on account of sheer hatred towards the husband and his family members, brings about complete destruction of marriage on trivial issues".105. Gujarat High Court Quashes Abetment Of Suicide FIR Against Lawyer Engaged By Wife To Pursue Matrimonial Case Against HusbandCase Title - X & Ors. Versus NaLL Citation: 2024 LiveLaw (Guj) 105The Gujarat High Court recently quashed an FIR registered against a female lawyer engaged by a woman to pursue matrimonial case against her husband. The Court also granted relief to the wife and her mother, booked for abetting her husband's suicide.Observing that there was no intention...

Gujarat High Court Annual Digest 2024: Part-II [Citations 101-199]

Lovina B Thakkar

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