Gujarat High Court Monthly Digest: September 2023

Nominal Index [Citations: 2023 LiveLaw (Guj) 143-162]M/S. Spire Enterprise vs Government E-Marketplace SPV 2023 Livelaw (Guj) 143Cargo Motors ( Gujarat ) Limited vs Kritikant Shivajirav Jadav LL Citation: 2023 Livelaw (Guj) 144Jenil Dilipkumar Patel vs State Of Gujarat LLx Citation: 2023 Livelaw (Guj) 145Shubhra Hiteshbhai Gupta vs State Of Gujarat 2023 Livelaw (Guj) 146Girishbhai Ambalal Rathod Versus State Of Gujarat & 1 Other(S) 2023 Livelaw (Guj) 147LL Citation: 2023 Livelaw (Guj) 148Umaben Jayantbhai Shah D/O Late Ramanlal N. Shah vs NA 2023 Livelaw (Guj) 149 XYX Vs. State Of Gujarat Case Citation: 2023 Livelaw (Guj) 150The New India Assurance Co. Ltd. Versus Chandrakant Gokalbhai Patel 2023 Livelaw (Guj) 151Planet Automotive Pvt. Ltd. Versus State Of Gujarat 2023 Livelaw (Guj) 152XYZ Versus State Of Gujarat 2023 Livelaw (Guj) 153Mujahid Nafees Vs. State Of Gujarat 2023 Livelaw (Guj) 154Rajan Ankleshwaria v. Vinni Ankleshwaria 2023 LiveLaw (Guj) 155Krinaben W/O Tushar Suryakant Trivedi Versus N P Garasiya, Police Sub Inspector, Special Investigation Team 2023 Livelaw (Guj) 156Nipun Praveen Singhvi Versus State Of Gujarat 2023 Livelaw (Guj) 157Kutubuddin Ansari Versus State Of Gujarat 2023 Livelaw (Guj) 158Bhavesh Kamleshbhai Patel Versus Commissioner, Municipality Administration 2023 Livelaw (Guj) 159LL Citation: 2023 Livelaw (Guj) 160Chandanji @ Gato Chhanaji Thakor Versus State Of Gujarat 2023 Livelaw (Guj) 161Child In Conflict With Law Through Guardian Versus State Of Gujarat R/Criminal Revision Application No. 1024 Of 2023 2023 Livelaw (Guj) 162Judgments/Orders This MonthLabour Court Can Award 100% Back Wages For Termination Of Employment If Fault Is Found On Part Of Employer: Gujarat High Court Case Title: Cargo Motors ( Gujarat ) Limited vs Kritikant Shivajirav Jadav LL Citation: 2023 Livelaw (Guj) 144The Gujarat High Court has made it clear that when it comes to employment termination cases, the award of backwages is not automatic alongside reinstatement. However, the High Court emphasized that if the employer is found at fault, then full 100% wages can be granted. The division bench of Chief Justice Sunita Agarwal And Justice N.V. Anjaria observed, “It is settled law that in a case of termination of employment, though award of backwages is not automatic with the award of reinstatement, but in case the fault is found on the part of the employer, 100% wages can be provided. The fundamental principle is that no one can take benefit of its own wrong.”Gujarat High Court Upholds Fairness Of 'Random Algorithm' Method In Tender Selection ProcessCase Title: M/S. Spire Enterprise vs Government E-Marketplace SPV LL Citation: 2023 Livelaw (Guj) 143In a recent judgment, the Gujarat High Court has reaffirmed the fairness and transparency of a selection process involving the use of a random algorithm for awarding a tender to outsource manpower services.The division bench, comprising Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee, the use of a random algorithm in the selection process for outsourcing manpower services is the most transparent and fair approach. The Court's decision came in response to a challenge to the selection process for outsourcing manpower services. Medical Admissions | Fixing Number Of Seats In State Quota Policy Decision Of Govt, Students Have No Right To Seek Such Direction: Gujarat HCCase Title: Jenil Dilipkumar Patel vs State Of Gujarat LL Citation: 2023 Livelaw (Guj) 145While observing that it is the prerogative of the State government to determine the number of seats available for MBBS courses under the State quota, the Gujarat High Court has dismissed a writ petition seeking a direction upon the authorities to augment the number of seats in Gujarat. The petition sought to compensate for the reduction in seats for the open category due to the amalgamation of a 10% Economically Weaker Sections (EWS) quota into the open category. Parents Forcing Children Aged Below 3 Yrs To Attend Pre-School Are Committing 'Illegal Act': Gujarat High CourtCase Title: Shubhra Hiteshbhai Gupta vs State Of Gujarat LL Citation: 2023 Livelaw (Guj) 146The Gujarat High Court last month dismissed multiple petitions challenging the State government's decision to implement a minimum age limit of six years for admission to Class 1 from the current academic year. While doing so, a division bench comprising Chief Justice Sunita Agarwal and Justice NV Anjaria further added that forcing children to go to a pre-school below the age of 3 years is an 'illegal act' on the part of the parents. Gujarat High Court Quashes FIR Against Former SBI Deputy Manager In Currency Deficit Case From 2006Case Title: Girishbhai Ambalal Rathod Versus State Of Gujarat & 1 Other(S) LL Citation: 2023 Livelaw (Guj) 147The Gujarat High Court has quashed a FIR filed against a former Deputy Manager (Accounts) of the State Bank of India (SBI) in connection with a currency deficit incident dating back to 2006 while observing that...

Gujarat High Court Monthly Digest: September 2023

Bhavya Singh

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