Gujarat High Court Weekly Round-Up: March 23 - March 29, 2026

Citation: 2026 LiveLaw (Guj) 98 to 2026 LiveLaw (Guj) 104Nominal IndexThe Trustee, Ahmedabad Jesuits Schools Society & Anr. v/s Biju Jose Vadaken & Ors., 2026 LiveLaw (Guj) 98Piyushbhai Bhagvatbhai Gamit v/s State of Gujarat & Ors., 2026 LiveLaw (Guj) 99X v/s Y, 2026 LiveLaw (Guj) 100Hasmukhbhai Bhurabhai Vasava v/s State of Gujarat, 2026 LiveLaw (Guj) 101Manojbhai Kanjibhai Rupareliya v/s Paschim Gujarat Vij Company Limited & Ors., 2026 LiveLaw (Guj) 102Pareshbhai Shankerbhai Taviyad v/s State of Gujarat, 2026 LiveLaw (Guj) 103Akshay Pitamber Savarkar & Anr. v/s Central Adoption Resource Authority & Ors., 2026 LiveLaw (Guj) 104Judgments/OrdersGujarat High Court Upholds Order Directing Minority School To Issue Fresh Show-Cause Notice To Teacher Dismissed By Unauthorised PersonCase title: The Trustee, Ahmedabad Jesuits Schools Society & Anr. v/s Biju Jose Vadaken & Ors. R/SPECIAL CIVIL APPLICATION NO. 22226 of 2019 and connected petitionsCitation: 2026 LiveLaw (Guj) 98The Gujarat High Court upheld a tribunal's order directing a minority school to issue a fresh show-cause notice to a teacher–dismissed for misconduct, before directing punishment, noting that the dismissal order was passed by a person who was not properly authorized by school management as per Gujarat Secondary Education Act.Justice Maulik J Shelat in his order observed that the resolution wherein a person (Mr Raj who served dismissal order to teacher) was authorized by the school's governing body, suggested that though the body's meeting chaired by the President to discuss the final action to be taken against Teacher had a quorum, however the resolution was signed by only one person.Article 311(2)(a) | No Prior Hearing Needed For Cop's Dismissal After Corruption Conviction: Gujarat High CourtCase title: Piyushbhai Bhagvatbhai Gamit v/s State of Gujarat & Ors. R/SPECIAL CIVIL APPLICATION NO. 7162 of 2022Citation: 2026 LiveLaw (Guj) 99The Gujarat High Court has upheld the dismissal of a police constable after conviction in corruption case, observing that disciplinary authority can decide on the delinquent's conduct and award punishment without affording an opportunity of hearing due to exclusionary affect of second proviso to Article 311(2)(a) of Constitution.Justice Maulik J Shelat referred to Supreme Court's Constitution bench decision in Union of India & Anr. Vs. Tulsiram Patel (1985) and said:"It is deduced from the aforementioned dictum that in a case where Government Servant has been convicted on a criminal charge, the Disciplinary Authority only requires to consider whether the conduct of delinquent leading to the conviction warrants the imposition of a penalty. For that purpose, it will have to pursue the judgment of the criminal Court concerned and consider the all facts and circumstances of the case. As held, this has to be done by the Disciplinary Authority ex parte and by itself. Once the Disciplinary Authority reaches to the conclusion that government servant's conduct was such as it requires his dismissal etc., same should be decided by him. It is clearly held that the aforesaid has to be done by the Disciplinary Authority without hearing the concerned government servant, due to reason of exclusionary effect of the second proviso to Article 311(2)(a) of the Constitution. Thus, in view of the aforesaid dictum, there cannot be any second view which can be taken at least by this Court, rather it requires to follow and apply the ratio laid down by the Hon'ble Apex Court in the case of Tulsiram Patel (supra) in appropriate case, such as present one".Family Court Must Adopt Sensitive Approach In Custody Cases, Prioritize Child's Welfare Above Litigants' Rights: Gujarat High CourtCase title: X v/s YR/SPECIAL CIVIL APPLICATION NO. 15369 of 2025Citation: 2026 LiveLaw (Guj) 100While considering a custody case the Gujarat High Court observed that in such matters family court must adopt sensitive and child-centric approach wherein proceedings are conducted in a manner which minimizes trauma and prioritizes child's welfare above the rights of the litigating parties.The court was hearing a mother's plea challenging a family court's order which had directed her to remain present on every working Thursday in the court along with her 2-and-a-half-year old son between 11:00 a.m. and 5:00 p.m. so that the minor's paternal grandfather can have access to the child. Further the family court had restrained the woman's second husband from being present along with her.Husband Finding Wife Being Intimate With Paramour Is Grave, Sudden Provocation: Gujarat High Court Upholds 2001 Culpable Homicide ConvictionCase title: Hasmukhbhai Bhurabhai Vasava v/s State of Gujarat R/CRIMINAL APPEAL NO. 816 of 2001Citation: 2026 LiveLaw (Guj) 101The Gujarat High Court upheld a 2001 trial court order convicting a husband to culpable homicide not amounting to murder, who assaulted his wife after he found her in a compromising position with another man in the former's house, ...

Gujarat High Court Weekly Round-Up: March 23 - March 29, 2026

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