Gujarat High Court Weekly Round Up: June 13 - June 19, 2022

NOMINAL INDEX Iqbal Hasanali Syed Versus State Of Gujarat 2022 LiveLaw (Guj) 208 Soni Anilkumar Prahladbhai V/S State Of Gujarat 2022 LiveLaw (Guj) 209 Sabirbhai Gafarbhai Multani Versus State Of Gujarat 2022 LiveLaw (Guj) 210 Hamidabanu Anawarbhai Multani & 2 Other(S) V/S Haiderbhai Bhikhabhai Bhetariya & 5 Other(S) 2022 LiveLaw (Guj) 211 M/s MBR Flexibles Ltd. Versus Deputy Commissioner Of State Tax 2022 LiveLaw (Guj) 212 Lalitkumar Bhimsen Hemrajani V/S District Collector 2022 LiveLaw (Guj) 213 Cazy Concepts and Mazes pvt. Ltd. & 1 other(s) v/s n. Venkta yayadri rao & 1 other(s) 2022 LiveLaw (Guj) 214 Ayyubkhan Kalekhan Pathan V/S State Of Gujarat 2022 LiveLaw (Guj) 215 Madhukantaben D/O Somabhai Shankarbhai Patel V/S State Of Gujarat 2022 LiveLaw (Guj) 216 K News Channel Versus State Of Gujarat 2022 LiveLaw (Guj) 217 Hemant Rameshchandra Rupala V/S Union Of India Thru The Secretary 2022 LiveLaw (Guj) 218 Kanhai Foods Ltd versus A and HP Bakes 2022 LiveLaw (Guj) 219 Pahal Engineers v. The Gujarat Water Supply and Sewerage Board 2022 LiveLaw (Guj) 220 Devshibhai Raydebhai Gadher Versus State Of Gujarat 2022 LiveLaw (Guj) 221 Amrishbhai Natubhai Patel V/S State Of Gujarat & 2 Other(S) 2022 LiveLaw (Guj) 222 Mansinh Amarsinh Devdhara V/S State Of Gujarat 2022 LiveLaw (Guj) 223 Chhayaben @ Hetalben Atulbhai Asodariya Versus The Registrar Of Birth And Death/Chief Officer 2022 LiveLaw (Guj) 224 Aasifbhai Hajiabdul Bhaya V/S State Of Gujarat & 1 Other(S) 2022 LiveLaw (Guj) 225 Bhalodiya Ravikumar Jaynatilal Versus State Of Gujarat 2022 LiveLaw (Guj) 226 ORDERS/JUDGMENTS OF THE WEEK 'Soft Target': Gujarat High Court Grants Anticipatory Bail To Ex-ASG IH Syed In Extortion Case, Says Allegations Apparently Designed To Humiliate Him Case Title: Iqbal Hasanali Syed Versus State Of Gujarat Citation: 2022 LiveLaw (Guj) 208 The former ASG at Gujarat High Court, IH Syed was granted anticipatory bail by a bench consisting of Justice Nikhil S. Kariel of the Gujarat High Court. The court found that the accused was not obliged to make out a special case for grant of anticipatory bail and even though the Court's power of granting anticipatory bail was not ordinary, its use was not confined to exceptional cases alone. Filing Written Request Must For The Accused To Be Treated As A Witness U/S 315 CrPC: Gujarat High Court Case Title: Soni Anilkumar Prahladbhai V/S State Of Gujarat Citation: 2022 LiveLaw (Guj) 209 The Gujarat High Court has held that an accused person can be competent witness, provided there is a written permission or there is a written request made to the concerned court at the instance of accused under Section 315 CrPC. It thus dismissed the petition challenging the order of the Sessions Court which rejected the Petitioner's application for being treated as a witness, in the absence of a written request. Minor's Custody With Maternal Grandparents Not Illegal Confinement Especially When Husband Remarried During Subsistence Of First Marriage: Gujarat HC Case Title : Sabirbhai Gafarbhai Multani Versus State Of Gujarat Citation: 2022 LiveLaw (Guj) 210 A division bench of the Gujarat High Court comprising Justices Vipul M. Pancholi and Rajendra M. Sareen has held that custody of a minor with his maternal grandparents could not be considered illegal custody or illegal confinement, given that the husband/ the father of the minor had remarried during subsistence of his marriage with his first wife, who was the mother of the said minor. This petition was filed under Article 226 of the Constitution of India praying to direct the police authority to produce the corpus (Samir, a minor aged 9 years) and handover his custody to the petitioner (the father). The respondent in this case are maternal grandparents of the corpus. Gujarat High Court Enhances Motor Accident Compensation By ₹4.8 Lakh, Grants Spousal & Parental Consortium Case Title: Hamidabanu Anawarbhai Multani & 2 Other(S) V/S Haiderbhai Bhikhabhai Bhetariya & 5 Other(S) Citation: 2022 LiveLaw (Guj) 211 Taking into account the income of the deceased victim of motor accident, the spousal consortium and the parental consortium, the Gujarat High Court has increased the motor accident compensation for the Appellants (family of the deceased) by a significant amount, i.e., by Rs. 4,84,000. Whereas the Trial Court had ordered payment of Rs. 15,58,900/-, the Bench comprising Justice RM Chhaya and Justice Sandeep Bhatt enhanced the compensation to Rs. 20,42,856/-. It observed, "all the three appellant no.1 would be entitled to spousal consortium, and appellants no.2 and 3 would be entitled to parental consortium of Rs.40,000/-(Rs.1,20,000/-)." Order Passed On The Same Day When Notice Was Issued Led To The Violation Of Principle Of Natural Justice: Gujarat High Court Case Title: M/s MBR...

Gujarat High Court Weekly Round Up: June 13 - June 19, 2022

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