LiveLaw Gujarat High Court Monthly Digest: August 2026

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6 Sept 2026 10:00 AM IST

  • LiveLaw Gujarat High Court Monthly Digest: August 2026

    Citation: 2026 LiveLaw (Guj) 209 - 2026 LiveLaw (Guj) 232Nominal IndexSheikh Salim Shekhbabu v/s State of Gujarat, 2026 LiveLaw (Guj) 209Dr. Vilas Tukaram Kharat v/s The Union of India & Ors., 2026 LiveLaw (Guj) 210Shaikh Husain Ajij v/s State of Gujarat & Ors., 2026 LiveLaw (Guj) 211Lakhiben Punabhai Solanki v/s State of Gujarat, 2026 LiveLaw (Guj) 212Madanlal Radhelal Bansal &...

    Citation: 2026 LiveLaw (Guj) 209 - 2026 LiveLaw (Guj) 232

    Nominal Index

    Sheikh Salim Shekhbabu v/s State of Gujarat, 2026 LiveLaw (Guj) 209

    Dr. Vilas Tukaram Kharat v/s The Union of India & Ors., 2026 LiveLaw (Guj) 210

    Shaikh Husain Ajij v/s State of Gujarat & Ors., 2026 LiveLaw (Guj) 211

    Lakhiben Punabhai Solanki v/s State of Gujarat, 2026 LiveLaw (Guj) 212

    Madanlal Radhelal Bansal & Ors. v/s Agrawal Samaj Trust Dahod & Ors., 2026 LiveLaw (Guj) 213

    Naynaben Bhupatbhai Rathod v/s State of Gujarat & Anr., 2026 LiveLaw (Guj) 214

    Ramesh Gagu Saamatbhai Bakutra & Anr. v/s State of Gujarat, 2026 LiveLaw (Guj) 215

    Najmakhatoon Modhaidar Shaikh v/s Union of India, 2026 LiveLaw (Guj) 216

    Namrataben Gordhanbhai Macwan v/s State of Gujarat & Anr., 2026 LiveLaw (Guj) 217

    Vala Jodhubhai Golanbhai v/s RTI Officer & Ors., 2026 LiveLaw (Guj) 218

    Aashaben Mansukhbhai Hirpara (Patel) v/s State of Gujarat, 2026 LiveLaw (Guj) 219

    Joyalbhai Nileshbhai Shah & Ors. v/s State of Gujarat & Anr., 2026 LiveLaw (Guj) 220

    Ravi Nair v. State of Gujarat and Anr., 2026 LiveLaw (Guj) 221

    Arati Damjibhai Rangpariya v/s State of Gujarat & Anr., 2026 LiveLaw (Guj) 222

    Ravikumar Bharatbhai Joshi v/s State of Gujarat & Anr., 2026 LiveLaw (Guj) 223

    Rajeshbhai Krushnakant Jariwala & Ors. v/s Falguniben Kamalkant Jariwala & Ors., 2026 LiveLaw (Guj) 224

    Harshadbhai Prabhudas Sheth & Anr. v/s State of Gujarat & Anr., 2026 LiveLaw (Guj) 225

    The Oriental Insurance Company Limited v/s Pooja Paper Tube Industries, 2026 LiveLaw (Guj) 226

    Javedkhan Soramkhan Mandori v/s State of Gujarat, 2026 LiveLaw (Guj) 227

    Faiz Enterprise Through Proprietor Mahetar Mahir Farukhbhai v/s State Tax Officer, Unit-67, Surat & Anr., 2026 LiveLaw (Guj) 228

    Yasmeen WD/O Nadirbhai Devani v/s Rajkot Municipal Corporation, 2026 LiveLaw (Guj) 229

    Chaitarbhai Damjibhai Vasava v/s State of Gujarat, 2026 LiveLaw (Guj) 230

    Kavitaben Manharlal @ Manoj Babulal Soni v/s State of Gujarat, 2026 LiveLaw (Guj) 231

    Salimbhai Abubakarbhai Lakhani & Ors. v/s Aksanabanu Samirbhai Lakhani D/O Abdul Rasirbhai Dholiya & Ors., 2026 LiveLaw (Guj) 232


    Judgments/Orders

    Gujarat Govt Reinstates Special Public Prosecutor In 2019 Vadodara Custodial Death Case After High Court Intervention

    Case title: Sheikh Salim Shekhbabu v/s State of Gujarat

    R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 9669 of 2026

    Citation: 2026 LiveLaw (Guj) 209

    The Gujarat High Court was informed on Friday (July 31) that the State government has reinstated the Special Public Prosecutor (SPP), who was earlier conducting the trial in the 2019 alleged custodial death of a Telangana man in Vadodara and whose appointment had subsequently been discontinued. [2026 LiveLaw (Guj) 209]

    The development came after the High Court had asked the State to take an appropriate decision on the continuation of the prosecutor.

    Gujarat High Court Refuses To Review Order Rejecting Disclosure Of Somnath Temple ASI Survey Documents

    Case title: Dr. Vilas Tukaram Kharat v/s The Union of India & Ors.

    R/WRIT PETITION (PIL)/25/2026

    Citation: 2026 LiveLaw (Guj) 210

    The Gujarat High Court refused to review its order dismissing a plea seeking disclosure of archaeological survey report, ground penetrating radar (GPR) survey, maps, structural analysis, photographs, videography and all the related documents concerning the Somnath Temple site. [2026 LiveLaw (Guj) 210]

    For context, the court had in June dismissed a PIL seeking such disclosure with Rs. 2 Lakh costs on the litigant, noting that the contentions in the PIL were based on news reports and information on social media, and none of it could be verified by the petitioner as being true to his personal knowledge or based on any authentic record or material researched by him.

    Surat Demolitions: Gujarat High Court Closes Resident's Plea After Municipal Corporation Assures No Immediate Action Planned

    Case title: Shaikh Husain Ajij v/s State of Gujarat & Ors.

    R/SPECIAL CIVIL APPLICATION NO. 9176 of 2026

    Citation: 2026 LiveLaw (Guj) 211

    The Gujarat High Court disposed of a resident's plea apprehending demolition of his home by Surat Municipal Corporation, after the authority said that as of now it does not intend to demolish the property and if it does intend to do so, it will issue a notice to the resident and take steps as per law. [2026 LiveLaw (Guj) 211]

    The petitioner had moved the high court on an apprehension that his residential accommodation may be demolished by Surat Municipal Corporation, particularly when the premises adjacent to petitioner's house have been demolished by the Corporation.

    'Driven By Starvation': Gujarat High Court Grants Bail To Mother Booked For Causing Child's Death Over Demand For Food

    Case title: Lakhiben Punabhai Solanki v/s State of Gujarat

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 16673 of 2026

    Citation: 2026 LiveLaw (Guj) 212

    The Gujarat High Court granted bail to a mother of three accused of assaulting her minor daughter over demand for food who eventually succumbed to injuries, observing that criminals are not born but made and "when starvation drives a mother to such an extreme act, such failure is collective rather than individual". [2026 LiveLaw (Guj) 212]

    Reflecting on the incident the court said it depicts the failure of social welfare mechanisms and highlights State's moral responsibility to protect vulnerable families, especially women and children. The court also referred to a Gujarati novel Manavini Bhavai written by Pannalal Patel–which portrays a devastating famine that struck India, particularly Rajasthan and Gujarat in 1899, corresponding to the Vikram Samvat year 1956 tragic event known as “Chhappania Dukal” (56th Famine).

    Res-Judicata Bars Different Trustees From Relitigating Same Trust Property Dispute: Gujarat High Court

    Case: Madanlal Radhelal Bansal & Ors. v/s Agrawal Samaj Trust Dahod & Ors.

    R/FIRST APPEAL NO. 2292 of 2018

    Citation: 2026 LiveLaw (Guj) 213

    The Gujarat High Court has held that a trust application regarding a dispute over trust property cannot be maintained if the dispute has already been conclusively decided in an earlier proceeding, even if the subsequent suit is brought by a different set of trustees. [2026 LiveLaw (Guj) 213]

    Justice JC Doshi was hearing an appeal by trustees of Shri Agarwal Samaj Trust, challenging the order of the Additional District Judge, Dahod. Applying the doctrine of res judicata, the District Court had dismissed the appellant's application seeking a declaration that certain immovable properties allegedly purchased by the former trust officials using trust funds should be treated as trust properties.

    Wife's Inability To Establish Cruelty Doesn't Necessarily Mean She Left Matrimonial Home Without Reason: Gujarat High Court

    Case title: Naynaben Bhupatbhai Rathod v/s State of Gujarat & Anr.

    R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 666 of 2023

    Citation: 2026 LiveLaw (Guj) 214

    The Gujarat High Court has held that mere inability of a wife to establish allegations of cruelty would not mean that she left the matrimonial home without sufficient cause and that each case must be considered as per evidence. [2026 LiveLaw (Guj) 214]

    The court said this while upholding a family court order rejecting a woman's maintenance claim, after finding that she had voluntarily left the matrimonial home, refused to live with her husband and had a mutual divorce thereby attracting bar to maintenance under Section 125(4) CrPC.

    Impersonation Complete Upon Entry Into Exam Hall With Another's Admit Card, Even If Caught Before Writing Exam: Gujarat High Court

    Case title: Ramesh Gagu Saamatbhai Bakutra & Anr. v/s State of Gujarat

    R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION) NO. 277 of 2019

    Citation: 2026 LiveLaw (Guj) 215

    The Gujarat High Court has said that the moment a person enters an examination hall carrying the admit card of the candidate he is impersonating, the offence of cheating by personation is fulfilled and the accused being caught prior to actual holding of exam makes no difference. [2026 LiveLaw (Guj) 215]

    Justice Nisha M Thakore in her order said:

    "the very fact that the applicant No. 2 pretended to be someone else, knowingly had substituted himself for another person and by making such representation while carrying admit card with him and having entered the examination hall, he had completed his task of representing the other person. In the opinion of this Court, the moment the applicant No. 2 had entered the examination hall carrying admit card by pretending to be the candidate of admit card, the act of personation was achieved. Merely because prior to the holding of actual examination, the applicant was caught from the spot by the block supervisor and Building Conductor i.e. before entering any word in the answer sheet would make no difference".

    Once Claimant Files Affidavit On Deceased Carrying Valid Ticket, Burden To Disprove Claim Shifts On Railways: Gujarat High Court

    Case title: Najmakhatoon Modhaidar Shaikh v/s Union of India

    R/FIRST APPEAL NO. 3285 of 2024

    Citation: 2026 LiveLaw (Guj) 216

    The Gujarat High Court has reiterated that mere absence of a railway ticket would not negate an individual's claim of being a bonafide passenger or entitlement to accident compensation. [2026 LiveLaw (Guj) 216]

    The court said that once claimant files an affidavit on deceased carrying a valid ticket, the burden of disproving the same would fall on the Railways.

    Justice JC Doshi referred to Supreme Court's decision in Rajni v/s. Union of India where the Apex Court, while eschewing the Centre's approach in teeth of object of Railway Act, observed that mere absence of ticket with the deceased does not negate the claim of being a bona fide passenger.

    Gujarat High Court Refuses To Quash FIR Against Female Health Worker Accused Of Forcing ASHA Workers To Convert To Christianity

    Case title: Namrataben Gordhanbhai Macwan v/s State of Gujarat & Anr.

    R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 11483 of 2026

    Citation:2026 LiveLaw (Guj) 217

    The Gujarat High Court refused to quash an FIR against a female health worker accused of attempting to convert Accredited Social Health Activist (ASHA) workers to Christianity, noting that the allegations prima facie disclosed commission of the offence. [2026 LiveLaw (Guj) 217]

    The applicant had sought quashing of an FIR and chargesheet under Sections 4(1), 4(2) and 4C of Gujarat Freedom of Religion Act.

    RTI Applicant Not Conversant With Language Of Info Can't Be Accompanied By 'Third Party' To Inspect Records: Gujarat High Court

    Case title: Vala Jodhubhai Golanbhai v/s RTI Officer & Ors.

    R/SPECIAL CIVIL APPLICATION NO. 9928 of 2026

    Citation: 2026 LiveLaw (Guj) 218

    The Gujarat High Court recently observed that if an RTI applicant seeking certain information is not conversant with the language or the contents of the information sought, then permitting another person accompanying the applicant during inspection of records would prima facie amount to providing information to a third party. [2026 LiveLaw (Guj) 218]

    In doing so the court permitted an RTI applicant to inspect the records he had sought for while clarifying that nobody else shall be permitted to accompany the applicant during the inspection.

    'Bail Is Rule': Gujarat High Court Grants Bail To Woman Accused Of Extorting Man With Explicit Video Clip, Threatening Rape FIR

    Case title: Aashaben Mansukhbhai Hirpara (Patel)  v/s State of Gujarat

    R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 17432 of 2026

    Citation:2026 LiveLaw (Guj) 219

    The Gujarat High Court granted bail to a woman booked for threatening and extorting money and immovable property from the complainant by blackmailing him of publishing a purported video of him allegedly engaged in a sexual act, as well as threatening him of lodging a rape case. [2026 LiveLaw (Guj) 219]

    Justice Hasmukh D Suthar in his order noted that the allegation was that the accused persons including the applicant blackmailed the complainant of lodging a rape case after shooting a "nude video clip" of his with an unknown woman and thereafter extorted cash as well as movable and immovable properties from him.

    Playing Cards For Money At Home In Absence Of 'Profit-Making' Element Not Offence Under Gambling Act: Gujarat High Court

    Case title: Joyalbhai Nileshbhai Shah & Ors. v/s State of Gujarat & Anr.

    R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 4465 of 2022

    Citation: 2026 LiveLaw (Guj) 220

    The Gujarat High Court has held that merely playing cards in a house for money does not necessarily make the house a "common gaming house" to invoke offences under Gujarat Prevention of Gambling Act in absence of element of profit-making. [2026 LiveLaw (Guj) 220]

    The court was hearing a plea by five accused persons seeking quashing of an FIR under Gujarat Prevention of Gambling Act.

    Gujarat High Court Refuses To Quash FIR Against Journalist Ravi Nair Over Article Alleging Govt Directed LIC Investments In Adani Group

    Case No: R/SCR.A/9270/2026

    Case Title: Ravi Nair v. State of Gujarat and Anr.

    Citation: 2026 LiveLaw (Guj) 221

    The Gujarat High Court has refused to quash the Forgery FIR against Journalist Ravi Nair registered at the instance of Adani Ports and SEZ Ltd. over a Washington Post article alleging that the LIC made investments in the Adani Group on the instructions of the Central Government. [2026 LiveLaw (Guj) 221]

    'Not Everything Online Is Genuine': Gujarat High Court On Public Service Commission Using Unverified Internet Source To Set Exam Question

    Case title: Arati Damjibhai Rangpariya v/s State of Gujarat & Anr.

    R/SPECIAL CIVIL APPLICATION NO.3425 of 2025

    Citation: 2026 LiveLaw (Guj) 222

    The Gujarat High Court has directed the State Public Service Commission (GPSC) to grant marks to candidate who had questioned the correctness of a question-answer on Kautilya's Arthashastra asked in the written recruitment exam paper for Sales Tax Inspector, noting that it was based on unauthenticated material. [2026 LiveLaw (Guj) 222]

    In doing so the court said that if any question based on unauthenticated material or a reference book derived or downloaded from Internet is questioned by the student or the candidate appearing in the examination, in that case, the "benefit must go to the student and not to the Examining body".

    Gujarat High Court Grants Bail To Man Accused Of Objecting To SC/ST Community Member's Invitation To Brahmin Marriage Function

    Case title: Ravikumar Bharatbhai Joshi v/s State of Gujarat & Anr.

    R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO. 1646 of 2026

    Citation: 2026 LiveLaw (Guj) 223

    The Gujarat High Court granted regular bail to a man accused of portraying complainant as a "bootlegger" and saying that a member of SC/ST community should not be invited to marriage in the Brahmin community. [2026 LiveLaw (Guj) 223]

    The court was hearing a man's appeal booked under Sections 3(1)(U) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 whose regular bail plea had been rejected by the Sessions Court.

    Private Documents Obtained From Public Authority Under RTI Act Don't Become Public Documents: Gujarat High Court

    Case title: Rajeshbhai Krushnakant Jariwala & Ors. v/s Falguniben Kamalkant Jariwala & Ors.

    R/SPECIAL CIVIL APPLICATION NO. 17104 of 2021

    Citation: 2026 LiveLaw (Guj) 224

    The Gujarat High Court has held that a private document which is stored in a public office, sought and obtained under Right To Information Act does not automatically become public document under the Section 74 of Indian Evidence Act unless kept as a public record. [2026 LiveLaw (Guj) 224]

    The court also held that even the certified true copies of such private documents obtained under RTI also does not constitute a public document.

    Mere Threats Don't Constitute Criminal Intimidation Without Intent To Cause Alarm: Gujarat High Court Quashes FIR

    Case title: Harshadbhai Prabhudas Sheth & Anr. v/s State of Gujarat & Anr.

    R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 7935 of 2016

    Citation: 2026 LiveLaw (Guj) 225

    The Gujarat High Court has held that merely threatening without an intention to cause alarm to the complainant would not constitute offence of criminal intimidation. [2026 LiveLaw (Guj) 225]

    In doing so the court held that to invoke this offence the complainant must establish that the accused had an intention to cause alarm to him.

    The petitioners had sought quashing of an FIR under IPC Sections 409(Criminal breach of trust by public servant, or by banker, merchant or agent), 504(Intentional insult with intent to provoke breach of the peace), 506(2) (criminal intimidation) read with 114(Abettor present when offence is committed).

    Insurer Can't Deny Compensation For Fire Damage Citing Technical Interpretation Of Policy Without Adducing Evidence: Gujarat High Court

    Case title: The Oriental Insurance Company Limited v/s Pooja Paper Tube Industries

    R/FIRST APPEAL NO. 5712 of 2019

    Citation: 2026 LiveLaw (Guj) 226

    The Gujarat High Court has held that insurance company cannot refuse to pay compensation for loss due to fire merely based on technical interpretation of proposal form and insurance policy without adducing any evidence. [2026 LiveLaw (Guj) 226]

    The respondent manufactures Polyester Textured Yarn, Draw Textured Yarn, and Partially Oriented Yarn paper tubes whose stock was insured by the Appellant Insurance Company from 12.08.1994 to 11.08.1995 against a premium of Rs.2,616. The Policy covered risks arising out of fire, theft, and short circuits.

    Gujarat High Court Grants Bail To Man Accused Of Suicide Abetment, Notes He Was 'Only Taking Side Of His Sister' And Not Threatening Deceased

    Case title: Javedkhan Soramkhan Mandori v/s State of Gujarat

    R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL - AFTER CHARGESHEET) NO. 17454 of 2026

    Citation: 2026 LiveLaw (Guj) 227

    The Gujarat High Court granted bail to a man accused of abetting a woman's suicide after she was allegedly threatened by him, prima facie observing that the alleged threat had no bearing to the incident since the applicant was only taking his sister's side during her argument with the deceased sister-in-law. [2026 LiveLaw (Guj) 227]

    Justice Nikhil S Kariel in his order noted that the applicant is the brother of deceased woman's sister-in-law who had a dispute with the deceased.

    AI-Generated Case Laws In Tax Order: Gujarat High Court Directs Strict Verification And Human Oversight, Warns Of Contempt

    Case title: Faiz Enterprise Through Proprietor Mahetar Mahir Farukhbhai v/s State Tax Officer, Unit-67, Surat & Anr.

    R/SPECIAL CIVIL APPLICATION NO.10123 of 2026

    Citation: 2026 LiveLaw (Guj) 228

    The Gujarat High Court quashed a GST cancellation order as well as appellate proceedings against an entity after noting that the State Tax Officer had passed the order relying exclusively on AI-generated case laws, including non-existent and irrelevant authorities. [2026 LiveLaw (Guj) 228]

    A division bench of Justice AS Supehia and Justice Vaibhavi D Nanavati had in its earlier ordered said that it appeared that the Officer's order was passed by placing "reliance exclusively on the AI generated case laws". The court had then asked the State to get instructions.

    Legally Wedded Wife Entitled To Family Pension Despite Husband Nominating Sons Instead: Gujarat High Court

    Case title: Yasmeen WD/O Nadirbhai Devani v/s Rajkot Municipal Corporation

    R/SPECIAL CIVIL APPLICATION NO. 465 of 2026

    Citation: 2026 LiveLaw (Guj) 229

    The Gujarat High Court has held that legally wedded wife's entitlement to family pension cannot be defeated even if the pensioner has nominated a third person thereby excluding her. [2026 LiveLaw (Guj) 229]

    'Prima Facie Responds To Criticism With Violence': Gujarat High Court Refuses To Suspend AAP MLA's 7-Year Sentence In Assault Case

    Case title: Chaitarbhai Damjibhai Vasava v/s State of Gujarat

    CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO. 1 of 2026 In R/CRIMINAL APPEAL NO. 1751 of 2026

    Citation: 2026 LiveLaw (Guj) 230

    The Gujarat High Court on Monday (August 24) refused to suspend the sentence of Aam Aadmi Party MLA from Dediyapada assembly Chaitar Vasava convicted for assaulting and extorting forest officials in a forest land encroachment case wherein he was sentenced by the trial court for seven years. [2026 LiveLaw (Guj) 230]

    The court passed the order on applications seeking suspension of sentence moved by three accused–accused nos.1 Jitendrabhai Vasava, 5 Chaitarbhai Damjibhai Vasava and 7 Rikeshbhai Fulsingbhai Vasava, filed in their appeals challenging the conviction by the trial court.

    'Looteri Dulhan' Case: Gujarat High Court Grants Bail To Marriage Bureau Owner, Notes No Role In Alleged Gang

    Case title: Kavitaben Manharlal @ Manoj Babulal Soni v/s State of Gujarat

    R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER CHARGESHEET) NO. 19815 of 2026

    Citation: 2026 LiveLaw (Guj) 231

    The Gujarat High Court on Tuesday (August 25) granted bail to a woman running a marriage bureau booked in a cheating and criminal breach of trust FIR, noting that her role was limited to solemnizing marriage of complainant's nephew and no role was attributed to her being part of the "Looteri Dulhan gang". [2026 LiveLaw (Guj) 231]

    For context, the term refers to an organized criminal network which allegedly tricks men into fake marriages to rob them of their money.

    'Lived Separately': Gujarat High Court Quashes Domestic Violence Case Against Husband's Sisters Accused Of Instigating Dowry Demand

    Case title: Salimbhai Abubakarbhai Lakhani & Ors. v/s Aksanabanu Samirbhai Lakhani D/O Abdul Rasirbhai Dholiya & Ors.

    R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 12673 of 2023

    Citation: 2026 LiveLaw (Guj) 232

    The Gujarat High Court quashed a domestic violence case against two women accused of instigating their brother for demanding dowry from his wife, observing that they were married much prior to the complainant and living separately hence the question of mental and physical torture by them did not arise. [2026 LiveLaw (Guj) 232]

    The son of petitioners 1 and 2 was married to respondent no.1 as per Muslim rites. Due to marital discord, the wife left the matrimonial home along with the couple's two children. It was alleged that after returning to her parental home she lodged a domestic violence complaint against the family members of the husband. The petition was not pressed qua petitioner no.1 father-in-law and petitioner no. 2 the mother-in-law.

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