Gujarat High Court Weekly Round-Up: September 25 To October 01, 2023

Nominal Index [Citations: 2023 LiveLaw (Guj) 155-162]Rajan 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) 162Judgements/Orders This WeekOrders In Child Custody Matters Interlocutory Not Interim If Rights Of Parents Not Finalised: Gujarat High CourtCase Title: Rajan Ankleshwaria v. Vinni Ankleshwaria LL Citation: 2023 LiveLaw (Guj) 155The Gujarat High Court recently held that in a dispute over the custody of a minor child, an order that does not finalise the question of custody qualifies as an interlocutory order and not an interim order, and clarified that an appeal against an interlocutory order is not permissible as per Section 19 of the Family Courts Act.The division bench of Justices Ashutosh Shastri and Divyesh A. Joshi highlighted that an interlocutory order does not terminate the proceedings or finally decide the rights of the parties and concluded that the rights regarding the return of the child's custody were not finally decided by the impugned order. [Arnesh Kumar Guidelines] No Contempt Action Against Police Officer Arresting Without Warrant, If Proper Explanation Given To Magistrate: Gujarat HC Case Title: Krinaben W/O Tushar Suryakant Trivedi Versus N P Garasiya, Police Sub Inspector, Special Investigation Team LL Citation: 2023 Livelaw (Guj) 156n a recent ruling by the Gujarat High Court, it was held that contempt of court proceedings cannot be initiated against a police officer for arresting an accused without a warrant, without prior notice under Section 41A of the Criminal Procedure Code (CrPC), if the officer provides a valid explanation before the magistrate.The division bench of Justices Ashutosh Shashtri and Divyesh A. Joshi observed, “Here in this case on hand, the concerned police officer has narrated the grounds expressly in a clear terms in the check-list at the time of production of the accused and copy of the check-list was given to the concerned court at the time of production of the documents and presentation of the accused, therefore, conscious of the Investigating Officer is satisfied at the time of arrest. The ground mentioned in Section 41A and Section 41(1)(ii)(a) of the CrPC provides “to prevent such person from committing any further offence”.”Gujarat High Court Directs State To Ensure No Delay Arises In Future In Making Appointments To Gujarat Real Estate Appellate TribunalCase Title: Nipun Praveen Singhvi Versus State Of Gujarat LL Citation: 2023 Livelaw (Guj) 157The Gujarat High Court has directed the State government to ensure that in future, appointments of the Chairperson and Technical Members of the Gujarat Real Estate Appellate Tribunal, under Section 43 of the Gujarat Real Estate (Regulation and Development) Act, 2016, are not delayed. The division bench comprising Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee was hearing a PIL filed by Nipun Praveen Singhvi, a practicing advocate and RTI activist. Singhvi sought directions to challenge the composition of the Gujarat Real Estate Appellate Tribunal and demanded the appointment of a Chairperson and Technical Member. He also requested the creation of a website and the transfer of administration from the Urban Development Ministry to the Department of Law and Justice.Gujarat High Court Upholds Dismissal Of Defamation Case Filed By 2002 Gujarat Riots Victim Against Makers Of 'Rajdhani Express' Case Title: Kutubuddin Ansari Versus State Of Gujarat LL Citation: 2023 Livelaw (Guj) 158The Gujarat High Court has upheld the dismissal of a defamation case filed by the ‘Face’ of 2002 Gujarat Riots, Kutubuddin Ansari, a victim of the riots, against the makers of the 2013 film 'Rajdhani Express.'The case revolved around the unauthorized use of Ansari's image in the movie, which he claimed had damaged his reputation and personal safety.Justice Sandeep N Bhatt observed, “It is rightly found by the Courts below that the complainant has not produced any evidence before the lower Court that the accused have used the photograph of the complainant with the intention of damaging the personal reputation of the complainant. Even the lower court has recorded in its order that no evidence has been produced that the complainant has suffered any loss due to such act of the accused.”Elected Members Must Ensure No Conflict Arises Between Public Duties And Electoral Interest: Gujarat High Court Case Title: Bhavesh...

Gujarat High Court Weekly Round-Up: September 25 To October 01, 2023

Bhavya Singh

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