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

Nominal Index [Citations: 2023 LiveLaw (Guj) 144-150]Cargo Motors ( Gujarat ) Limited vs Kritikant Shivajirav Jadav Case Citation: 2023 Livelaw (Guj) 144Jenil Dilipkumar Patel vs State Of Gujarat 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) 147Case Citation: 2023 Livelaw (Guj) 148Umaben Jayantbhai Shah D/O Late Ramanlal N. Shah vs NA 2023 Livelaw (Guj) 149XYX Vs. State Of Gujarat Case Citation: 2023 Livelaw (Guj) 150Judgements/Orders This WeekLabour Court Can Award 100% Backwages For Termination Of Employment If Fault Is Found On Part Of Employer: Gujarat High CourtCase Title: Cargo Motors ( Gujarat ) Limited vs Kritikant Shivajirav Jadav Case Citation: 2023 Livelaw (Guj) 146The 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 HCCase Title: Jenil Dilipkumar Patel vs State Of Gujarat Case 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 Case 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) Case 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 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 CompensationCase Citation: 2023 Livelaw (Guj) 148The 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 FatherCase Citation: 2023 Livelaw (Guj) 148Allowing 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...

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

Bhavya Singh

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