Gujarat High Court Weekly Round-Up: September 04 To September 10, 2023

Cargo Motors ( Gujarat ) Limited vs Kritikant Shivajirav Jadav Case Citation: 2023 Livelaw (Guj) 144

Jenil Dilipkumar Patel vs State Of Gujarat 2023 Livelaw (Guj) 145

Shubhra Hiteshbhai Gupta vs State Of Gujarat 2023 Livelaw (Guj) 146

Girishbhai Ambalal Rathod Versus State Of Gujarat & 1 Other(S) 2023 Livelaw (Guj) 147

Case Citation: 2023 Livelaw (Guj) 148

Umaben Jayantbhai Shah D/O Late Ramanlal N. Shah vs NA 2023 Livelaw (Guj) 149

XYX Vs. State Of Gujarat Case Citation: 2023 Livelaw (Guj) 150

Judgements/Orders This Week

Labour Court Can Award 100% Backwages 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

Case Citation: 2023 Livelaw (Guj) 146

The 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.”

Medical Admissions | Fixing Number Of Seats In State Quota Policy Decision Of Govt, Students Have No Right To Seek Such Direction: Gujarat HC

Case Title: Jenil Dilipkumar Patel vs State Of Gujarat

Case Citation: 2023 Livelaw (Guj) 145

While 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 Court

Case Title: Shubhra Hiteshbhai Gupta vs State Of Gujarat

Case Citation: 2023 Livelaw (Guj) 146

The 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 2006

Case Title: Girishbhai Ambalal Rathod Versus State Of Gujarat & 1 Other(S)

Case Citation: 2023 Livelaw (Guj) 147

The 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 the departmental inquiry findings, which resulted in exoneration for the petitioner, established that the essential element of the offence under Section 409 of the Indian Penal Code was lacking.

Gujarat HC Allows 12-Y/O Girl Allegedly Raped By Father To Terminate 27-Week Pregnancy, Awards ₹2.5 Lakhs As Compensation

Case Citation: 2023 Livelaw (Guj) 148

The Gujarat High Court today allowed a plea filed by a 12-year-old, who was allegedly raped by her father, to abort her nearly 27-week pregnancy. The Court also granted her a compensation of Rs. 2.5 lakhs. The bench of Justice Samir J. Dave passed this order after perusing the medical report of the victim which was prepared by Sir Sayajirao Gayakwad General Hospital in Vadodara pursuant to the Court's September 4 order.

'No Higher Insult To A Woman Than Trying To Touch Her Dignity': Gujarat HC Allows Abortion Plea Of Girl Allegedly Raped By Father

Case Citation: 2023 Livelaw (Guj) 148

Allowing a plea filed by a 12-year-old, who was allegedly raped by her father, to abort her nearly 27-week pregnancy, the Gujarat High Court today observed that there is no higher insult to a woman than trying to touch her dignity.

Calling the case as shocking and painful, the bench of Justice Samir J. Dave, quoting from 'Durga Saptashati', observed thus: "स्त्रिया: समस्ता: सकला जगत्सु [जगत की समस्त स्त्रियां तुम्हारा ही स्वरूप हैं] अर्थात हे देवी जगदम्बे, जगत में जितनी भी स्त्रिया हैं वह सब तुम्हारी ही मुर्तिया हैं । इसलिए अगर स्त्री चाहे तो वह सब कर सकती हैं जो वह करना चाहती हैं, यह ताकत सिर्फ़ उसीमे हैं जो बड़े बड़े संकटों का नाश कर, श्रेष्ट से श्रेष्ट और कठिनतम कार्य भी पूर्ण कर सकती हैं । जरुरत हैं तो सर्वशक्तिमान नारी को स्वयं को पहचानने को ।"

Alternate Place Of Jurisdiction U/S 371 Indian Succession Act Can Be Invoked Only If Deceased Had No Fixed Place Of Residence: Gujarat High Court

Case Title: Umaben Jayantbhai Shah D/O Late Ramanlal N. Shah vs NA

Case Citation: 2023 Livelaw (Guj) 149

The Gujarat High Court has made it clear that even though Section 371 of the Indian Succession Act stipulates two modes of determining territorial jurisdiction of courts for grant of succession certificate, the second mode is only an alternative which can be invoked if the petitioner demonstrates that the deceased had no permanent place of residence.

Section 371 prescribes that District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, at that time had no fixed place of residence, the District Judge within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate.

'You Shouldn't Pressurise Her To Terminate Pregnancy': Gujarat High Court Tells Minor Girl's Father While Allowing Abortion Plea

Case Title - XYX Vs. State Of Gujarat

Case Citation: 2023 Livelaw (Guj) 150

The Gujarat High Court today allowed a 17-year-old girl to terminate her pregnancy of around 17 weeks. The Court, however, in an oral remark said that the father of the girl should not pressurise her daughter to terminate her pregnancy. The bench of Justice Samir J. Dave made this remark as it took note of the medical report of the girl and her statements recorded before the police and the magistrate.

Other Developments

Gujarat High Court Seeks Centre's Response On 9 Indians Missing On Way From Dominica To USA

The Gujarat High Court has issued a notice to the central government in a PIL concerning the disappearance of nine individuals, including four from Mehsana district, who left Dominica for America in December last year.

The division bench of Chief Justice Sunita Agarwal and Justice Aniruddha P Mayee directed, “Taking note of the concern raised in the petition and the communications provided by the learned counsel appearing for the respondent No.2, we require the respondent No.2 namely the Secretary, Ministry of External Affairs, Government of India to coordinate with the concerned Ministry/High Commission of India in Franace, Dominica to make an effort to find out whereabouts of 9 missing Indian Citizens since February, 2023.”