Gujarat High Court Weekly Round Up: August 1 - August 7, 2022

NOMINAL INDEX Kamleshkumar Mohanji Methana V/S State Of Gujarat 2022 LiveLaw (Guj) 301 Gulamkadar Kasambhai Shaikh V/S The State Of Gujarat Thru The Principal Secretary 2022 LiveLaw (Guj) 302 State Of Gujarat & 2 Other(s) v. Ravindra S. Shukla & 22 Other(s) 2022 LiveLaw (Guj) 303 Pritiben Chhaganlal Kanjariaya V/S State Of Gujarat & 4 other(s) 2022 LiveLaw (Guj) 304 Poonam Madha Parmar V/S State Of Gujarat 2022 LiveLaw (Guj) 305 Raja Laxman Chopada V/S Aditaya Birala Nova Limited 2022 LiveLaw (Guj) 306 Jerambhai Premjibhai Chauhan (Koli) Through Bhagwanjibhai Premjibhai Chauhan (Koli) V/S State Of Gujarat 2022 LiveLaw (Guj) 307 Ushaben Dayashankar Shukla V/S State Of Gujarat 2022 LiveLaw (Guj) 308 Ambe Public School V/S State Of Gujarat 2022 LiveLaw (Guj) 309 Savitaben Mangalbhai Parmar V/S State Of Gujarat 2022 LiveLaw (Guj) 310 Akil Valibhai Piplodwala V/S Central Government 2022 LiveLaw (Guj) 311 Gujarat Insecticides Ltd. & 1 other(s) v. Presiding Officer & 2 Other(s) 2022 LiveLaw (Guj) 312 Shambhavi Kumari V/S Sabarmati University & 3 other(s) 2022 LiveLaw (Guj) 313 M/s Louis Dreyfus Company India Private Limited v. Union Of India 2022 LiveLaw (Guj) 314 Santram Spinners Limited V/S Babubhai Magandas Patel 2022 LiveLaw (Guj) 315Judgments/Orders of the week Cases Of Civil Nature Can Be 'Quashed' In Interest Of Justice: Gujarat High Court Reiterates Distinction B/w Sections 320 & 482 CrPC Case Title.: Kamleshkumar Mohanji Methana V/S State Of Gujarat Citation: 2022 LiveLaw (Guj) 301 While allowing a revision application under Section 397 of CrPC seeking quashing of a judgement convicting the Petitioner under Section 138 of Negotiable Instruments Act, the Gujarat High Court reiterated the distinction between Sections 482 and Sec 320 of the Code. Section 320 CrPC prescribes power of Court to compound certain offences. Section 482 CrPC is inherent power of High Court. The Bench of Justice Samir Dave emphasized that compounding of offences is not the same as quashing. It reiterated: "In compounding of offences, power of a criminal court is circumscribed by the provisions contained in Section 320 and the court is guided solely and squarely thereby while, on the other hand, the formation of opinion by the High Court for quashing a criminal offence or criminal proceeding or criminal complaint is guided by the material on record as to whether the ends of justice would justify such exercise of power although the ultimate consequence may be acquittal or dismissal of indictment." Reimbursement Of Medical Claim By Govt Employees Should Not Be Denied Mechanically: Gujarat High Court Reiterates Case Title: Gulamkadar Kasambhai Shaikh v. The State Of Gujarat Thru The Principal Secretary Citation: 2022 LiveLaw (Guj) 302 The Gujarat High Court has reiterated that a Government employee is entitled to avail the benefits of medical facilities without any fetters, and that their claim for reimbursement should not be denied by the State mechanically. The Bench of Justice Biren Vaishnav extensively relied on the decision of a Coordinate Bench in Chanrakant Kantilal Dave v. State of Gujarat to order full reimbursement of expenses borne by the Petitioner herein during his Angioplasty. The bench reiterated: "It is a settled legal position that the Government employee during his lifetime or after his retirement is entitled to get the benefit of the medical facilities and no fetters can be placed on his rights. It is acceptable to common sense, that ultimate decision as to how a patient should be treated vests only with the Doctor who is well versed and expert both on academic qualification and experience gained. Very little scope is left to the patient or his relative to decide as to the manner in which the ailment should be treated." [De-Recognition Of Private School] DEO Required To Take Steps To Declare Eligible Employees 'Surplus' & Absorb Them In Other Schools: Gujarat HC Case Title: State Of Gujarat & 2 Other(s) v. Ravindra S. Shukla & 22 Other(s) Citation: 2022 LiveLaw (Guj) 303 The Gujarat High Court has made it clear that where any private school is de-recognized, the District Educational Officer is required to take steps for declaring the eligible school staff as 'surplus' and absorb them in other schools. The clarification comes in light of a State policy that whenever the employees of private secondary school are required to be retrenched either due to the closure of classes or due to the closure of school, if they fulfill the criteria prescribed in the G.R.s then they are not required to face actual termination, but by declaring them surplus Government of Gujarat extends protection to their services and they are absorbed in any other aided registered private secondary school. [Anganwadi Promotions] Date On Which Procedure Commences & Not When Resolutions Are ...

Gujarat High Court Weekly Round Up: August 1 - August 7, 2022

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