Citation: 2026 LiveLaw (Guj) 288 - 2026 LiveLaw (Guj) 293

Nominal Index

Case Title : XYZ Victim v/s State of Gujarat & Anr., 2026 LiveLaw (Guj) 288

Yogendra Vijay Bahadur Singh v/s State of Gujarat, 2026 LiveLaw (Guj) 289

Hansaben W/O Natwarlal Chauhan v/s State of Gujarat & Anr., 2026 LiveLaw (Guj) 290

X v/s Y, 2026 LiveLaw (Guj) 291

State of Gujarat v/s Sayabhai Sartanbhai Bariya & Anr., 2026 LiveLaw (Guj) 292

Jyotiben Gorshanbhau Dabhi & Ors. v/s Nilesh Gopal Parmar & Anr., 2026 LiveLaw (Guj) 293

Judgments/Orders

Written Agreements Recording Mutual Consent Make Rape Prosecution On False Promise Of Marriage Difficult To Sustain: Gujarat High Court

Case Title : XYZ Victim v/s State of Gujarat & Anr.

Case Number : R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 2273 of 2026

CITATION : 2026 LiveLaw (Guj) 288

The Gujarat High Court has observed that when two adults live together under a mutually consented written agreement and thereafter end their arrangement also via a written agreement then the complainant's claim of rape on false promise of marriage becomes difficult to sustain. [2026 LiveLaw (Guj) 288]

The court said that the long drawn relationship of the appellant with the respondent, including the circumstances of their living together and cohabiting with each other, that too in separate rented accommodation with the knowledge of the parents of the prosecutrix, would give rise to a presumption that their relationship was based on valid consent

Misuse Of Authority By Bank Officials Undermines Customers' Trust In Banks: Gujarat High Court Denies Anticipatory Bail

Case Title : Yogendra Vijay Bahadur Singh v/s State of Gujarat

Case Number : R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 21778 of 2026

CITATION : 2026 LiveLaw (Guj) 289

The Gujarat High Court has observed that misuse of authority by banking officials who are charged with guarding customers' money strikes at the very foundation on which financial institutions function. [2026 LiveLaw (Guj) 289]

In doing so the court rejected a man's anticipatory bail plea after noting that a specific role was attributed to him–as an official in a bank accused of defrauding a widow customer of money received under a government scheme, and the material collected during the investigation "prima facie" connected him with the alleged transaction

Cruelty FIR Against Mother-In-Law Can't Be Sustained When Complainant's Earlier Marriage Still Subsisting: Gujarat High Court

Case Title : Hansaben W/O Natwarlal Chauhan v/s State of Gujarat & Anr.

Case Number : R/CRIMINAL MISC. APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 2785 of 2018

CITATION : 2026 LiveLaw (Guj) 290

The Gujarat High Court has quashed a cruelty FIR against a mother-in-law, holding that Section 498A of the Indian Penal Code (IPC) could not be invoked as the complainant's earlier marriage was still subsisting when she married the applicant's son. [2026 LiveLaw (Guj) 290]

The complainant had alleged that the applicant, her mother-in-law, abetted her husband in subjecting her to cruelty.

Justice PM Raval noted that the complainant was previously married to another man before marrying the accused husband on February 1, 2007. The earlier marriage was dissolved only on November 20, 2007.

Custody Plea Under Guardians & Wards Act Must Be Heard By Court Where Child Resides: Gujarat High Court

Case Title : X v/s Y

Case Number : R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 1673 of 2025

CITATION : 2026 LiveLaw (Guj) 291

The Gujarat High Court has held that proceedings seeking custody of a child under Guardians and Wards Act must be heard by the family court in whose jurisdiction the child resides. [2026 LiveLaw (Guj) 291]

The court was hearing an estranged wife's plea to transfer the husband's matrimonial suit from Family Court, Himmatnagar to Family Court, Rajkot where she is residing with her parents.

She said that she is an illiterate lady who is residing far away from her children and to get custody of her children who are currently possessed by the opponent/husband – father, she has instituted proceedings under the Guardians and Wards Act at Family Court, Himmatnagar. The wife had lodged proceedings seeking appointment of guardianship and seeking custody/return of the minor child.

Gujarat High Court Upholds Acquittal Of Two Accused Of Setting Electric Fence That Killed 11-Year-Old

Case Title : State of Gujarat v/s Sayabhai Sartanbhai Bariya & Anr.

Case Number : R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 2381 of 2026

CITATION : 2026 LiveLaw (Guj) 292

The Gujarat High Court upheld the acquittal of two persons booked for culpable homicide over the electrocution of a minor boy in an agricultural field lined with an electric fence, finding that the foundational fact that the plot was in fact owned by the accused persons could not be established by the prosecution. [2026 LiveLaw (Guj) 292]

The court was hearing State's appeal against sessions court's order acquitting two who were accused of culpable homicide not amounting to murder.

'Self-Negligence': Gujarat High Court Rejects Compensation Claim By Heirs Of Auto-Rickshaw Driver Killed At Unmanned Railway Crossing

Case Title : Jyotiben Gorshanbhau Dabhi & Ors. v/s Nilesh Gopal Parmar & Anr.

Case Number : R/FIRST APPEAL NO. 4447 of 2009

CITATION : 2026 LiveLaw (Guj) 293

The Gujarat High Court upheld the dismissal of a claim petition filed by heirs of an auto-driver who died after being hit by a train while trying to cross unmanned railway crossing in the vehicle, observing that the accident was caused due to the driver's own negligence. [2026 LiveLaw (Guj) 293]

Justice J.C. Doshi observed that a joint reading of Section 161 (Punishment for negligently crossing unmanned level crossing) of the Railways Act and Section 131 (Duty of the driver to take certain precautions at unguarded railway level crossing) of the Motor Vehicles Act fastens a liability on the driver to take precaution at an unguarded railway crossing.