Gujarat High Court Weekly Round Up: June 27 - July 3, 2022

NOMINAL INDEX State Of Gujarat v. Nimeshbhai Vitthalbhai Gandhi 2022 LiveLaw (Guj) 243 Heir Of Niruben Chimanbhai Patel V/S State Of Gujarat 2022 LiveLaw (Guj) 244 State Of Gujarat - Thro' B.M Patel, Food Inspector V/S Naushadali Najarali Dhanani C/O Didar Traders & 1 Other(S) 2022 LiveLaw (Guj) 245 Rajnikant Punjalal Shah Karta Of Rajnikant Punjalal Shah V/S Manager, Bank Of Baroda 2022 LiveLaw (Guj) 246 Jayantibhai Bahecharbhai Patel V/S State Of Gujarat 2022 LiveLaw (Guj) 247 Ena W/O Ashish Jain Versus State Of Gujarat 2022 LiveLaw (Guj) 248 Shree Hindvani Aanjna Patel Kelavni Mandal Versus State Of Gujarat & 3 Other(S) 2022 LiveLaw (Guj) 249 Shashikant Shamaldas Patel V/S State Of Gujarat 2022 LiveLaw (Guj) 250 Nipun Praveen Singhvi V/S Union Of India 2022 LiveLaw (Guj) 251 Khanji Mohammad Saiyed Gulamrasool V/S Additional District Magistrate 2022 LiveLaw (Guj) 252 Narubhai Amarsinh Makwana(Koli Patel) V/S State Of Gujarat 2022 LiveLaw (Guj) 253 Chief Officer v/s Decd. Shree Solanki Kanubhai Danabhai through Legal Heirs Manjulaben w/o Kanubhai Solanki 2022 LiveLaw (Guj) 254 ORDERS/JUDGMENTS OF THE WEEK Bottles For Sample Collection Not Cleaned On Spot: Gujarat High Court Upholds Acquittal For Alleged Offences Under Food Adulteration Act Case Title: State Of Gujarat v. Nimeshbhai Vitthalbhai Gandhi Citation: 2022 LiveLaw (Guj) 243 The High Court upheld the acquittal of a general store owner, who was booked under the Prevention of Food Adulteration Act, after noticing that the mandatory provisions relating to cleanliness of bottles in which the samples were collected, were not followed. Justice Ashokkumar Joshi observed that the Food Safety Officer himself admitted that the captioned bottles were not clean at the place of collecting the sample. He had also admitted that the covers of the bottles were not cleaned at the time. It said, "This Court is of the view that though the complainant had explained all the formalities for collecting the samples but, so longer as the mandatory provisions are concerned for cleanliness of bottles and also cleanliness of the cover is concerned, same is not proved. On the contrary admitted that the same is not cleaned and therefore...this Court is of the opinion that (trial) Court has given cogent and convincing reasons for acquitting the respondent, which learned APP has failed to dislodge them." Hindu Succession Act | Children Born From A Widow's First Marriage Can Inherit Property From Her Second Husband: Gujarat High Court Case Title: Heir Of Niruben Chimanbhai Patel V/S State Of Gujarat Citation: 2022 LiveLaw (Guj) 244 The High Court held that under Section 15 of the Hindu Succession Act, when a widow dies intestate, her heirs including son and daughter out of wedlock or even from illicit relationships are entitled to the share in her property. Justice AP Thaker further held that since the deceased widow in the instant case was one of the owners of the suit property, she had every right to give her undivided share to anyone vide her Will, particularly, when the Will had not been challenged by anyone before the High Court. "It is worthwhile to refer to Hindu Succession Act, wherein under Section 15, a Hindu widow can inherit land from his second husband and even her children born out of first marriage can also inherit land from second husband." S.19(2) Food Adulteration Act | Vendor Not Liable For Articles Purchased From Manufacturer With Written Warranty: Gujarat High Court Case Title: State Of Gujarat - Thro' B.M Patel, Food Inspector V/S Naushadali Najarali Dhanani C/O Didar Traders & 1 Other(S) Citation: 2022 LiveLaw (Guj) 245 Referring Section 19(2) of the Food Adulteration Act, the High Court explained that a Vendor shall not be deemed to have committed any offence under the Act, if he has purchased the food article in question from a manufacturer, distributor or dealer with written warranty. Keeping in view the provision, the High Court refused to interfere with the order of Judicial Magistrate, acquitting the vendor and owner of one Didar Traders. Bank Can't Attach Customer's PPF Account For Settlement Of His Debt/ Liability: Gujarat High Court Case Title: Rajnikant Punjalal Shah Karta Of Rajnikant Punjalal Shah V/S Manager, Bank Of Baroda Citation: 2022 LiveLaw (Guj) 246 The High Court reiterated the settled proposition of law that the amount of Public Provident Fund account shall not be liable to any attachment in respect of any debt or liability incurred by the account holder. The Bench comprising Justice AS Supehia was hearing the case of a Petitioner who had invested Hindu Undivided Family's money under Centre's Public Provident Fund Scheme with the Respondent-Bank of Baroda. Increment Earned For Past Period Can't Be Denied Merely Because Employee Had Retired When It Became Payable: Gujarat...

Gujarat High Court Weekly Round Up: June 27 - July 3, 2022

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