Gujarat High Court Weekly Round Up: July 4 To July 10, 2022

NOMINAL INDEX Rafik Adam Sumra V/S State Of Gujarat 2022 LiveLaw (Guj) 255 Gujarat State Financial Corporation Ltd V/S India Sme Assets Reconstruction Company Limited & 8 Other(S) 2022 LiveLaw (Guj) 256 Jayesh Nebhabhai Kambariya V/S State Of Gujarat 2022 LiveLaw (Guj) 257 Sanjay Kanakmal Agarwal V/S The State Of Gujarat 2022 LiveLaw (Guj) 258 Nasik Merchants' Co-Operative Bank Ltd. V/s State Of Gujarat & 1 other(s) 2022 LiveLaw (Guj) 259 Narughar Songhar Goswami V/S State Of Gujarat 2022 LiveLaw (Guj) 260 Western Dedicated Freight Corridor Corporation Of India V/S Original Claimants & 3 other(s) 2022 LiveLaw (Guj) 261 Garden Silk Mills Limited & 1 Other(S) V/S Liquidator Of Petrofils Cooperative Limited & 1 Other(S) 2022 LiveLaw (Guj) 262 Solanki Haribhai Arjanbhai V/S State Of Gujarat 2022 LiveLaw (Guj) 263 Dhanrajsinh Gambhirsinh Thakore V/S State Of Gujarat 2022 LiveLaw (Guj) 264 Narendrasinh Dosabhai Gohil V/S Managing Director & 2 Other(S) 2022 LiveLaw (Guj) 265 ORDERS/JUDGMENTS OF THE WEEK Heroin Smuggling Case: Gujarat High Court Grants 3 Days' Bail To Accused Rafik Adam Sumra On Daughter's Nikaah Case Title: Rafik Adam Sumra V/S State Of Gujarat Citation: 2022 LiveLaw (Guj) 255 The Gujarat High Court has granted temporary bail of three days to Rafik Adam Sumra, accused in the infamous heroin smuggling case of 2018, for attending the marriage ceremony of his daughter. A Bench comprising Justice Vipul Pancholi and Justice Sandeep Bhatt ordered that Rafik shall be released on temporary bail during the period from July 16 to July 18, 2022, with police escort, on executing personal bond of Rs. 5,000/- before the Jail authority. The cost of police escort shall be borne by him. Debt Recovery Tribunal Can't Go Beyond Reliefs Sought For By A Party: Gujarat High Court Case Title: Gujarat State Financial Corporation Ltd V/S India Sme Assets Reconstruction Company Limited & 8 Other(S) Citation: 2022 LiveLaw (Guj) 256 The Gujarat High Court has made it clear that a Debt Recovery Tribunal cannot go beyond and grant prayers that are not even sought for by a party before it. While hearing a petition filed by the original defendant against the impugned order in favour of original applicant (respondent herein), Justice Vaibhavi D Nanavati observed, "The submissions advanced by Mr. Asthavadi, the learned advocate appearing for the writ-applicant requires consideration as can be seen from the above prayers there is no such prayer as prayed for by the respondent No.1 as granted by the DRTII. It appears that DRT-II has erred in granting the prayer which was not prayed for even by the respondent No.1...Accordingly this Court is inclined to modify the order dated 27.06.2014." 'No Writ Can Lie On The Principle That Candidates Have A Legitimate Expectation To Know Their Raw Marks Or Attempt Answer Keys': Gujarat High Court Case Title: Jayesh Nebhabhai Kambariya V/S State Of Gujarat Citation: 2022 LiveLaw (Guj) 257 The Gujarat High Court has recently held that no writ can lie on the principle that candidates have a legitimate expectation to get their raw marks known or attempt answer keys. It was further remarked, "merely because the apprehension of the petitioners is that they had got less marks than expected is no ground on which a challenge to the adoption of normalization procedure can be sustained." Scolding Employee To Maintain Office Discipline Does Not Amount To Abetment Of Suicide U/S 306 IPC: Gujarat High Court Case Title: Sanjay Kanakmal Agarwal V/S The State Of Gujarat Citation: 2022 LiveLaw (Guj) 258 The Gujarat High Court has observed that an employer scolding its employee to maintain discipline in the office would not amount to the former abetting the suicide of latter and it would not constitute an offence within the fold of Section 306 of IPC. Justice Nirzar Desai further held that if bona fide action of maintaining discipline in the office is registered as an offence under Section 306 IPC, then it would post a threat to all employers. It observed, "When an employee is scolded just with a view to maintain office discipline and out of fear or being hypersensitive, if an employee commits suicide, that would not constitute an offence attracting provisions of Section 306 of Indian Penal Code as the action taken by the employer was in good faith to maintain office discipline." 'Bank Has Symbolic Possession Of Mortgaged Properties': Gujarat High Court Refuses To Cancel 2016 Bail Order For Non-Repayment 10 Cr Loan Case Title: Nasik Merchants' Co-Operative Bank Ltd. V/s State Of Gujarat & 1 other(s) Citation: 2022 LiveLaw (Guj) 259 The Gujarat High Court has recently declined to cancel the bail of the Respondent-Accused for offences under Sections 406 and 420 added with Sections 467, 468 and 471 of the IPC on the ground that the Applicant-Bank had...

Gujarat High Court Weekly Round Up: July 4 To July 10, 2022

Sparsh Upadhyay

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