Gujarat High Court Weekly Round-Up : February 22 - March 1, 2026

Citations: 2026 LiveLaw (Guj) 55 - 2026 LiveLaw (Guj) 69Nominal IndexSangada Hansaben Malabhai v. State of Gujarat & Ors. 2026 LiveLaw (Guj) 55Executive Engineer G.E.B. (now Paschim Gujarat Vij Company Ltd.) & Ors. v. Mulraj Ice Factory, Proprietor Hariharprasad Zaverilal & Ors. 2026 LiveLaw (Guj) 56Kinjal v State of Gujarat & Anr. 2026 LiveLaw (Guj) 57State of Gujarat v. Vishalkumar Somchandra Shah & Ors. and Batch 2026 LiveLaw (Guj) 58ABC vs State of Gujarat & Ors. 2026 LiveLaw (Guj) 59State of Gujarat v. Gulabchand Johrilal Jayswal & Anr. 2026 LiveLaw (Guj) 60Luhar Jayatibhai Jugabhai vs State of Gujarat & Ors. 2026 LiveLaw (Guj) 61Farzanabanu Mohammadhanif Shaikh v Ahmedabad Municipal Corporation & Ors. 2026 LiveLaw (Guj) 62LR of Sardar Himmatbhai Khokar & Ors. v. LR of Jesangbhai Amthabhai & Ors. 2026 LiveLaw (Guj) 63Rathva Meenaben Pahadsinh v Solanki Karansinh Gemalsinh & Ors. 2026 LiveLaw (Guj) 64Raval Shaileshbhai Rameshbhai Virchandbhai v. State of Gujarat 2026 LiveLaw (Guj) 65F H Shaikh v State of Gujarat & Ors. 2026 LiveLaw (Guj) 66Ramjanbhai Hasambhai Khraj vs State of Gujarat & Ors. 2026 LiveLaw (Guj) 67State of Gujarat & Anr. v. Kishanbhai Nanalal Shah 2026 LiveLaw (Guj) 68Manjuben alias Manjulaben Shantilal Garasia & Ors. v. Sirajbhai Imamuddin Luhar & Anr. 2026 LiveLaw (Guj) 69Judgments/ Orders This WeekUnmarried Woman Can't Be Denied Public Employment Over Fear That She May Relocate After Marriage: Gujarat High CourtCase Title: Sangada Hansaben Malabhai v. State of Gujarat & Ors.Case Citation: 2026 LiveLaw (Guj) 55The Gujarat High Court has held that denying public employment to an unmarried woman on the ground that she may marry and relocate is arbitrary and unconstitutional, observing that such reasoning reflects clear favouritism and violates equality principles.Coming down heavily on the appointing authority, Justice Maulik J. Shelat observed, “This is a classic example of outright favouritism by the then Mamlatdar… There is nothing on record to show and substantiate… that an unmarried village girl cannot be appointed because in near future she might get married and shift to some other village. Such a reason is not only arbitrary, fanciful, frivolous, but violative of Articles 14 and 16 of the Constitution of India.”Mere Possibility Of Meter Tampering Not Enough To Prove Electricity Theft By Consumer: Gujarat High CourtCase Title: Executive Engineer G.E.B. (now Paschim Gujarat Vij Company Ltd.) & Ors. v. Mulraj Ice Factory, Proprietor Hariharprasad Zaverilal & Ors.Case Citation: 2026 LiveLaw (Guj) 56The Gujarat High Court has held that an electricity company cannot raise theft bills or recover such charges from a consumer merely on an assumption of meter tampering.The court was hearing an appeal filed by the Executive Engineer of Gujarat Electricity Board (now Paschim Gujarat Vij Company Ltd.) against a trial court order which had rejected its claim of electricity theft while relying on a laboratory report which stated that a plastic strip "can be inserted" in the gap between meter cover and glass.Justice Devan M Desai said:“Defendants' assertion is that the plaintiffs have dishonestly used electric energy. Such positive assertion has to be proved by the defendants and not negatively proved by the plaintiffs… Only on report that a plastic strip can be inserted in the gap between meter cover and glass is not sufficient to establish that consumer was involved in the activity of theft of electric energy… Supplementary bill was issued pending suit without any explanation and the reason which has been canvassed by learned advocate for the appellants is also not a justifiable explanation.”Mother Is Natural Guardian Of Girl Aged Below 5 Yrs, Disputed Separation Deed Giving Custody To Father No Bar: Gujarat High CourtCase Title: Kinjal v State of Gujarat & Anr.Case Citation: 2026 LiveLaw (Guj) 57The Gujarat High Court has held that under the Hindu Minority and Guardianship Act that the mother is the natural guardian of a girl aged below five years, and that the father cannot take care of such a girl child in a way the mother can.It further ruled that father seeking custody based on disputed separation deed claiming mother voluntarily agreed to hand over custody would not be a bar to the maintainability of the mother's habeas corpus petition. The court was hearing a habeas corpus petition filed by a woman seeking custody of her four-year-old daughter, alleging that her estranged husband had unlawfully retained custody after fraudulently obtaining her signature on a separation deed.Dacoity Charge Fails After One Of Five Accused Acquitted, Gujarat High Court Sustains Robbery ConvictionCase Title: State of Gujarat v. Vishalkumar Somchandra Shah & Ors. and BatchCase Citation: 2026 LiveLaw (Guj) 58The Gujarat High Court set aside dacoity conviction after charge against one of the five co-accused was not proved and hence the offence, which requires a minimum of five persons, could not be proved by...

Gujarat High Court Weekly Round-Up : February 22 - March 1, 2026

Ananya Tangri

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