Gujarat High Court Weekly Round Up: August 29 To September 4, 2022

Nominal Index State Of Gujarat v/s Thakore Chamanji Motiji & 3 other(s) 2022 LiveLaw (Guj) 355 Patel Bhaveshkumar Chandrakantbhai V/S State Of Gujarat 2022 LiveLaw (Guj) 356 Dhansukhlal Rambhai Patel & 1 Other(S) V/S Dhansukhlal Nagindas Kapadia 2022 LiveLaw (Guj) 357 Jayrajsinh Madhubha Gadhvi v/s State Of Gujarat 2022 LiveLaw (Guj) 358 Rajesh Sukamaran Nambiar V/S The Central Bank Of India Through The Chief Manager 2022 LiveLaw (Guj) 359 Vimalaben Prabhunath Misra V/S Ketan Chandravadan Soni 2022 LiveLaw (Guj) 360 Bank Of Baroda V/S Harshadgiri Chanchalgiri Goswami 2022 LiveLaw (Guj) 361 Ramesh Babubhai Patel Versus State Of Gujarat 2022 LiveLaw (Guj) 362 Oriental Insurance Co. Ltd. V/s Meraman Dana Harijan & 6 other(s) 2022 LiveLaw (Guj) 363 Mohbatsinh Balusinh Zala V/S State Of Gujarat 2022 LiveLaw (Guj) 364 Brijeshkumar Dasharathlal Patel v/s Chairman & 31 others 2022 LiveLaw (Guj) 365 Dolly Surendra Pandey Versus State Of Gujarat 2022 LiveLaw (Guj) 366 Kul Hind Jamiat-Al Quresh Action Committee Gujarat Represented By Danish Qureshi And Mr Razaiwala Mohammed Hammad Hussain V/S Ahmedabad Municipal Corporation And State Of Gujarat 2022 LiveLaw (Guj) 367 JUDGMENTS/ORDERS OF THE WEEK [Murder] Unnatural That Complainant Did Nothing To Save Deceased From Accused, Appears To Be False Case Due To Enmity: Gujarat HC Upholds Acquittal Case Title: State Of Gujarat v/s Thakore Chamanji Motiji & 3 other(s) Citation: 2022 LiveLaw (Guj) 355 The Gujarat High Court has upheld an order acquitting four persons accused in a Murder case on the ground that there are several material contradictions in the versions presented by the main witnesses and the weapon recovered did not have blood stains to establish the commission of the offence. A bench of Justices SH Vora and Rajendra Sareen further noted that all witnesses were related to each other and could not deemed as 'independent witnesses.' They had prior enmity with the Accused and were interested in getting them convicted. Thus, it was concluded: "The evidence of all the main witnesses is contradictory to each other, which is rightly disbelieved by the learned Sessions Judge. As a result, the judgement delivered by the Sessions Judge is sound on the aspect of law and facts. The evidence brought on record by the prosecution before the trial court has been rightly appreciated by the trial court. No apparent error on the face of the record is found from the judgement." Infraction Of Law Not Done In Systematic Manner May Not Be Sufficient For Preventive Detention: Gujarat High Court Case Title: Patel Bhaveshkumar Chandrakantbhai V/S State Of Gujarat Citation: 2022 LiveLaw (Guj) 356 The Gujarat High Court has held that commission of infraction of law, not done in an organized or systematic manner, may not be sufficient for the detaining authority to justifiably come to the conclusion that there is no alternate but to preventively detain an accused. The Bench comprising Justices SH Vora and Rajendra Sareen held: "No doubt, neither the possibility of launching of a criminal proceedings nor pendency of any criminal proceedings is an absolute bar to an order of preventive detention. But, failure of the detaining authority to consider the possibility of either launching or pendency of criminal proceedings may, in the circumstances of a case, lead to the conclusions that the the detaining authority has not applied its mind to the vital question whether it was necessary to make an order of preventive detention." Relief Of Specific Performance U/S 20 SRA Is No Longer Discretionary After 2018 Amendment: Gujarat High Court Case Title: Dhansukhlal Rambhai Patel & 1 Other(S) V/S Dhansukhlal Nagindas Kapadia Citation: 2022 LiveLaw (Guj) 357 The Gujarat High Court has held that the relief of specific performance under Section 20 of the Specific Reliefs Act is no longer discretionary, with notification of the 2018 Amendment Act. Whereas the unamended Section 20 stipulated that the specific relief "may" be granted at the discretion of the court, the amending Act substitutes Section 20 and renders the specific relief as regular statutory remedy. Court Cannot Order Registration Of FIR Against Investigating Officer U/S 218 IPC Sans Inquiry: Gujarat High Court Case Title: Jayrajsinh Madhubha Gadhvi v/s State Of Gujarat Citation: 2022 LiveLaw (Guj) 358 The Gujarat High Court has clarified that offences under Sections 218 and 219 of the IPC which pertain to a public servant framing incorrect records for saving a person from punishment and making reports in a corrupt manner, cannot be invoked without initiation of inquiry or in absence of any evidence. In the event that these provisions are wrongly invoked such that they would adversely affect and prejudice the career of the public servant, the High Court can expunge the relevant...

Gujarat High Court Weekly Round Up: August 29 To September 4, 2022

Sparsh Upadhyay

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