Gujarat High Court Weekly Round Up: August 22 To August 28, 2022

NOMINAL INDEX Chandrikaben Hargovinddas Parmar W/O Jayprakash Nareshkumar Joshi v. Jaiprakash Nareshbhai Joshi 2022 LiveLaw (Guj) 341 Paavanbhai Jagdishbhai Panchal v. State Of Gujarat 2022 LiveLaw (Guj) 342 Century Tiles Through Director Ganpatbhai Dahyabhai Patel v. The Deputy Collector & 2 other(s) 2022 LiveLaw (Guj) 343 Ibrahim Ahmed Patel v. Vinodkumar Bhanabhai Parmar 2022 LiveLaw (Guj) 344 Gangaben Parbatbhai Vaza v. State Of Gujarat 2022 LiveLaw (Guj) 345 State Of Gujarat v. Pratap Prabhuram Devasi 2022 LiveLaw (Guj) 346 Hirabhai Kanchanlal Modi & 8 Other(S) V/S Registrar, Cooperative Societies & 1 other(s) 2022 LiveLaw (Guj) 347 Premnarayan Mewalal Giri V/S State Of Gujarat 2022 LiveLaw (Guj) 348 Mansi Jimit Sanghav V/S State Of Gujarat 2022 LiveLaw (Guj) 349 Sonal Aashish Madhapariya V/S Aashish Harjibhai Madhapariya 2022 LiveLaw (Guj) 350 Savitaben Mangalbhai Harijan V/S Superintendent 2022 LiveLaw (Guj) 351 Dajabhai S/O Lumbabhai V/S Mancharam Dwarkadas Sadhu 2022 LiveLaw (Guj) 352 Yakubbhai Ibrahimbhai Shanker V/S State Of Gujarat 2022 LiveLaw (Guj) 353 Manishkumar Rameshchandra Parekh V/S State Of Gujarat 2022 LiveLaw (Guj) 354 JUDGMENTS/ORDERS OF THE WEEK Gujarat High Court Refuses Custody Of 2-Yr-Old To Mother Citing Voluntary Desertion, Child's Attachment To Father, Her Busy Work Schedule Case Title: Chandrikaben Hargovinddas Parmar W/O Jayprakash Nareshkumar Joshi V/S Jaiprakash Nareshbhai Joshi Citation: 2022 LiveLaw (Guj) 341 The Gujarat High Court declined custody of a minor son to his mother on the ground that her work schedule did not permit her to take care of the child as compared to the work schedule of the father. Further, Justice Umesh Trivedi, while applying the principle of paramount interest of child, opined that the Appellant-mother had a step-mother and it was doubtful whether she would take care of the minor son. 'Allegations Of General Nature': Gujarat HC Quashes FIR Against Husband's Distant Relative Accused Of Taunting Complainant For Not Bringing Dowry Case Title: Paavanbhai Jagdishbhai Panchal V/S State Of Gujarat Citation: 2022 LiveLaw (Guj) 342 The Gujarat High Court quashed proceedings for the offence of dowry harassment against a distant relative of the complainant's husband, observing that no specific incidents were alleged in the entire FIR and the allegation against him was purely "general in nature". "Considering the fact that the applicant happens to be the distant relative of the husband of the complainant, it seems that the impugned order is nothing but an attempt to falsely implicate the applicant as accused just with a view to harass the applicant. The allegation against the applicant is purely of general in nature and considering the fact that the applicant stays at a different place, the registration of impugned FIR against the applicant is nothing but an abuse of process of law," Justice Nirzar Desai said. Impounding Of Instrument Sine Qua Non For Imposing Duty Under Bombay Stamp Act: Gujarat High Court Case Title: Century Tiles Through Director Ganpatbhai Dahyabhai Patel V/S The Deputy Collector & 2 other(s) Citation: 2022 LiveLaw (Guj) 343 The Gujarat High Court has clarified that only after an instrument is lawfully impounded that the jurisdiction would vest in Stamp authorities to proceed under Section 33 and 39 of the Bombay Stamp Act for the purpose of charging document and assessing the same for stamp duty. Justice AS Supehia, while relying on Tata Tele Services Limited Vs State of Gujarat, reiterated: "Impounding of the instrument is sine qua non for exercise of the powers." Motor Accident Death | Compensation Must Balance Fiscal Conditions Of Country Where Deceased Earned & Place Where Kin Live: Gujarat High Court Case Title: Ibrahim Ahmed Patel v. Vinodkumar Bhanabhai Parmar Citation: 2022 LiveLaw (Guj) 344 The Gujarat High Court enhanced the compensation granted by the Motor Accident Claims Tribunal to the kin of a deceased victim, who was earning in foreign currency prior to his death. The Bench comprising Justices AJ Desai and Mauna Bhatt relied on Supreme Court's decision in United India Insurance Co. Ltd. & ors. vs. Patricia Jean Mahajan & Ors. [(2002) 6 SCC 281] where it was held: "Where there is so much of disparity in the economic conditions and affluence of the two places viz. The place to which the victim belongs and the place where the compensation is to be paid, a golden balance must be struck somewhere, to arrive at a reasonable and fair mesne." Revisional Power Can't Be Invoked With Unclean Hands: Gujarat HC Upholds Rejection Of Caste Abuse Complaint In Counterblast To Electricity Theft Case Case Title: Gangaben Parbatbhai Vaza V/S State Of Gujarat Citation: 2022 LiveLaw (Guj) 345 The Gujarat High Court has affirmed the decision of the Sessions Court...

Gujarat High Court Weekly Round Up: August 22 To August 28, 2022

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