Gujarat High Court Weekly Round-Up: July 10 To July 16

NOMINAL INDEX

1. Vinai Kumar Saxena Vs. State Of Gujarat
2. Registrar, Birth And Death Registration Department Vs. Niteshbhai Narshibhai Mangrola R/Letters Patent Appeal No. 672 Of 2023 In R/Special Civil Application No. 16799 Of 2022
3. Praveenbhai Girdharilal Agarwal Vs. Principal Commissioner Of Income Tax (Central) R/Special Civil Application No. 1856 Of 2023
4. Heirs Of Mahant Dayaramdas- Bai Padma Wd/O Dayaramdas & 1 Other(S) Vs. Charity Commissioner & 28 Other(S)
5. Mehul Sureshkumar Champaneria Vs. Veer Narmad South Gujarat University Through The Secretary R/Special Civil Application No. 7690 Of 2022
6. Gujarat Pradesh Maha Nagarpalika Vs. State Of Gujarat R/Letters Patent Appeal No. 950 Of 2022 In R/Special Civil Application No. 17073 Of 2016
7. Mustak Hussain Mehndi Hussain Kadri Vs. Jagadip Narayan Singh, Ias R/Misc. Civil Application No. 979 Of 2019 In R/Writ Petition (Pil) No. 170 Of 2017
8. Nirajkumar Nareshkumar Lakhyani (Pro. Of M/S Om Multitrade) Vs. State Of Gujarat R/Special Civil Application No. 6777 Of 2023
9. Heirs Of Mahant Dayaramdas- Bai Padma Wd/O Dayaramdas & 1 Other(S) Vs. Charity Commissioner & 28 Other(S)
10. Om Trading Vs State Of Gujarat R/Special Civil Application No. 8990 Of 2023
11. Rohit Dinanath Ray Vs. State Of Gujarat R/Criminal Revision Application No. 434 Of 2021
12. Govindbhai Velshibhai @ Virjibhai Parmar Vs. State Of Gujarat R/Criminal Appeal No. 599 Of 2013 With R/Criminal Appeal No. 487 Of 2013
13. Hasan Ahmed Charkha @ Lalu Thro Afsa Hasan Lalu Vs. State Of Gujarat
14. M Versus State Of Gujarat R/Criminal Appeal No. 2253 Of 2022

1. 2002 Assault Case: Gujarat HC Stays Trial Against Delhi LG VK Saxena Till Disposal Of His Plea, Issues Notice To UOI

Case Title: Vinai Kumar Saxena vs. State Of Gujarat

The Gujarat High Court has stayed the criminal trial proceedings against New Delhi Lieutenant Governor (L-G) Vinai Saxena in a 2002 assault and rioting case till the disposal of his plea for abeyance of trial till he holds the post of LG.

The Bench of Justice Samir J. Dave has also issued a notice to the Union of India for August 29. It may be noted that Saxena has been accused of allegedly assaulting activist Medha Patkar in 2002.

2. Registrar Is Bound In Law To Incorporate Change In Register Of Births And Deaths On Basis Of Registered Adoption Deed: Gujarat High Court

Case Title: Registrar, Birth And Death Registration Department vs. Niteshbhai Narshibhai Mangrola

The Gujarat High Court has said the Registrar is bound in law to incorporate change in the register of Births and Deaths on the basis of the Registered Adoption Deed and that the same cannot be ignored or disregarded.

A division bench of Justices N V Anjaria and J C Doshi, observed, “The outweighing aspect in the facts of this case is that the change of the name of the father was prayed for on the basis of the Registered Adoption Deed. The petitioner became the adoptive father of the child in view of the execution of Registered Adoption Deed. The Registered Adoption Deed is binding to the authority under the Registration of Births and Deaths Act.”

3. Gujarat High Court Directs To Release Seized Gold As Outstanding Demand Against Assessee

Case Title: Praveenbhai Girdharilal Agarwal vs. Principal Commissioner Of Income Tax (Central)

The Gujarat High Court has directed the department to release the 100.350 grams of seized gold as the assessee had no outstanding demand.

The bench of Justice Vipul M. Pancholi and Justice Devan M. Desai has observed that the gold in question belongs to the petitioner, and he has accounted for it in his books of accounts. Therefore, the respondent or department ought not to have withheld the gold in question.

4. Gujarat HC Contemplates Contempt Proceedings Against Senior Counsel For Using ‘Unparliamentary’ Language Against Sitting Judge

Case Title: Heirs of Mahant Dayaramdas- Bai Padma Wd/O Dayaramdas & 1 Other(s) vs. Charity Commissioner & 28 Other(s)

The Gujarat High Court initiated suo motu contempt proceedings against senior counsel Percy Kavina for alleged ‘unparliamentary’ and ‘disparaging’ words used by him against a sitting judge while arguing a matter and thereby, “lowering down the majesty and dignity of the institution.”

Initiating the suo motu contempt proceedings against Kavina under Article 215 of the Indian Constitution and Contempt of Courts Act, the bench of Justice AS Supehia and Justice MR Mengedey directed the registrar general of the HC to prepare a report of the incident containing all details and to inquire about the address of the senior counsel.

5. Gujarat High Court Upholds VNSGU’s Decision To Revoke Student's LLB Degree For Getting Admission On Basis Of Fake Mark-Sheets

Case Title: Mehul Sureshkumar Champaneria vs. Veer Narmad South Gujarat University Through The Secretary

The Gujarat High Court has upheld Veer Narmad South Gujarat University (VNSGU)'s decision to cancel the LLB course results of a student who secured admission based on a counterfeit graduation mark sheet.

The petitioner had obtained admission to VNSGU's LLB course using a Bachelor of Arts mark sheet from Shridhar University in Rajasthan. However, the VNSGU later initiated an investigation into mark sheets and Shridhar University told it that the mark-sheets were not genuine.

6.  Gujarat High Court Dismisses Appeal Seeking Nursing Allowance For Nurses Working In Surat Municipal Corporation's Hospitals And Dispensaries

Case Title: Gujarat Pradesh Maha Nagarpalika vs. State Of Gujarat

Observing that the employees of the State Government and Surat Municipal Corporation, being governed by different rules and pay conditions, cannot be considered a single class, the Gujarat High Court has dismissed an appeal filed by the Gujarat Pradesh Maha Nagarpalika Karmachari Congress, seeking direction to the Surat Municipal Corporation to pay nursing allowance to the nurses in its various hospitals and dispensaries.

The division bench of Justice N.V. Anjaria and Justice J.C. Doshi observed that the employees of state government and Corporation are governed by different set of rules and pay conditions and merely because two of the allowances were made available to the State nursing staff, it would not automatically entitle the Corporation staff to claim the nursing allowance. There is no right with the Corporation nursing staff to be paid the allowances, even if the same is paid to the State employees, said the court.

7.  Gujarat High Court Pulls Up State Govt, Ahmedabad Municipal Corporation For Inaction On Stray Cattle 'Menace', Orders State To Frame Policy

Case Title: Mustak Hussain Mehndi Hussain Kadri vs. Jagadip Narayan Singh, IAS

The Gujarat High Court has pulled up the state government and the Ahmedabad Municipal Corporation (AMC) for their failure to frame and implement effective policies or guidelines to address the stray cattle menace. The court directed the State to urgently formulate a comprehensive policy or issue administrative directions to control the cattle menace throughout the entire state.

“It is not disputed that stray incidents of death due to Cattle Menace have not stopped. It is noticed by us that even the officers, who are on ground and are enforcing the directions issued by this Court are being assaulted by the perpetrators. The orders also reflect that in fact, other States have already framed the guidelines / policy / law to answer the Cattle Menace however, in the present case, despite various directions issued by this Court, no law in form of instructions or guidelines is framed,” the division bench of Justices A S Supehia and M R Mengedey observed.

8.  Gujarat High Court Grants Assessee Permission to Pay Tax Liability in Installments, Lifts Bank Account Attachment

Case Title: Nirajkumar Nareshkumar Lakhyani (Pro. Of M/S Om Multitrade) vs. State Of Gujarat

The Gujarat High Court has overturned the decision of the Adjudicating Authority and granted permission to an assessee to fulfill their tax liability through installment payments, consequently lifting the provisional attachment of the assessee’s bank account.

The above order delivered by Justice NV Anjaria and Devan M Desai, came in response to a Special Civil Application, whereby the petitioner prayed before the court seeking permission to make payment towards the outstanding tax amount to the tune of Rs. 2,13,04,290/- in twelve equal installments.

9. 'Sharam Rakho' Remark Against Sitting Judge: Gujarat HC Accepts Unconditional Apology Of Sr. Adv Percy Kavina In Contempt Case

The Gujarat High Court accepted the unconditional apology tendered by Senior Counsel Percy V. Kavina in the suo moto contempt case initiated against him on July 10 for his 'disparaging' remark made against a sitting judge on July 7.

The bench of Justice AS Supehia and Justice MR Mengedey, however, asked him to be mindful of the responsibility bestowed upon him as a Senior Counsel.

"Respondent (Senior Counsel Kavina) has been conferred with honour and privilege by the Chief Justice and other judges of the High Court after finding him worthy, but it appears that down the line after he has been conferred with such privilege he has turned ignorant to the responsibility and duties attached to the honour. In today's era, the contemptuous act does not remain within the precincts of the court but can travel beyond and could be noticed at any place and has a wide anc deep-rooted impact on the institution. Thus, the responsibility of a lawyer to act in a dignified manner by safeguarding the high moral which the noble profession demands becomes more austere," the Court remarked.

10. Gujarat High Court Quashes Non-Speaking Cryptic Order Of GST Registration Cancellation

Case Title: Om Trading vs State Of Gujarat

The Gujarat High Court has clarified that an order for the cancellation of registration passed without providing any reasons is a non-speaking order and therefore is liable to be set aside.

The court noted, "Even otherwise, in the present case, the respondent authority has not disputed the fact that while issuing Show-cause notice for cancellation of Registration, necessary documents were not supplied and the notice is cryptic. Therefore, it was not possible for the petitioners to give reply to the said Show-cause notice.”

“It is not in dispute that while passing the impugned order for cancellation of registration, the respondent authority has not assigned any reason and thus, the order passed by the respondent authority is not a speaking order," the court added while allowing the petition.

11. 'Not A Case Of False Promise Of Marriage': Gujarat High Court Quashes Second Rape Case Against Man

Case Title: Rohit Dinanath Ray vs. State Of Gujarat

The Gujarat High Court recently quashed a rape case against a man, observing that the case is of consensual sex. The court said that the complainant was well aware of the pros and cons of the relationship and that no false promise of marriage was given at the early stage.

Justice Gita Gopi said, “At the inception of relation, there would not have been any promise to marry, for the complainant to give consent for physical relation on the basis of promise. It is not the case that, but for the false promise by the accused to marry, the complainant had given the consent to have physical relation.”

12. Gujarat High Court Asks State To Identify Cases Where Rape Convictions Are Based On Weak Evidence; To Hear Such Appeals On Priority

Case Title: Govindbhai Velshibhai @ Virjibhai Parmar vs. State Of Gujarat

The Gujarat High Court has instructed the State government to establish a committee to identify cases, particularly rape cases, where convicts have been wrongly sentenced due to improper evaluation of evidence or doubtful evidence, resulting in prolonged incarceration. "Such cases as the present one which are pending before the High Court need to be identified so that the conviction can be set aside at the earliest even if the sentence of the convicts is suspended. We request the State Government to do the needful in this regard by forming a Committee," the division bench of Justices AS Supehia and MR Mengdey ordered.

13. Gujarat High Court Grants 15 Days Parole To Life Convict In 2002 Godhra Train Burning Case

Case Title: Hasan Ahmed Charkha @ Lalu Thro Afsa Hasan Lalu vs. State Of Gujarat

The Gujarat High Court on Friday granted 15-days parole to a convict serving life sentence for burning the Sabarmati Express which led to post-Godhra riots in 2002.

Justice Nisha M Thakore held that grant of parole does not equate to suspension of sentence, but is rather counted as part of sentence, and does not interfere with pending appeal proceedings before the Supreme Court. The Gujarat government had opposed the parole citing judicial precedents.

14. ‘There Can’t Be Inconsistency Between Time Of Offence Recorded In FIR And Deposition To Court’: Gujarat High Court Upholds Acquittal In Rape Case

Case Title: M Versus State Of Gujarat

Upholding the acquittal of an accused in a rape case, the Gujarat High Court said there was a major discrepancy with regard to the time of the incident.

“If at all offence is committed at a particular time, there cannot be inconsistent time of offence in between the deposition and the contemporaneous record like First Information Report registered by the first-informant herself,” said the division bench of Justice Umesh A Trivedi and Justice MK Thakker.

Other Developments

1. Gujarat High Court Implements Neutral Citations System

The Gujarat High Court has commenced assigning Neutral Citations to all the Judgements and Final Orders of the High Court. Accordingly, a circular has been issued informing that all the Judgments and Final Orders which have been uploaded so far on the Case Status website of the High Court of Gujarat, have been assigned a Neutral Citation.

All such judgments and final orders would now have Neutral Citation with Q. R. Code printed on each of its pages while downloading the same from the High Court website, a sample of which has been displayed in the circular.