Gujarat High Court Weekly Round Up: May 23 To May 29, 2022

NOMINAL INDEX Jaydev Mulubhai Jaju vs State Of Gujarat 2022 LiveLaw (Guj) 177 Hardasbhai Raymalbhai Gohil vs Sanjaybhai Arvindbhai Jabuani 2022 LiveLaw (Guj) 178 Shaileshgiri Mohangiri Meghnathi V/S State Of Gujarat 2022 LiveLaw (Guj) 179 Madrasa-E-Anware Rabbani Waqf Committee V/S Surat Municipal Corporation 2022 LiveLaw (Guj) 180 Rajendrakumar Manilal Jaiswal V/S State Of Gujarat & 3 Other(S) 2022 LiveLaw (Guj) 181 National Insurance Co Ltd V/S Rajeen Rafiqahmed Vohra & 4 Other(S) 2022 LiveLaw (Guj) 182 Amitkumar Babubhai Katara V/S The State Of Gujarat 2022 LiveLaw (Guj) 183 Sumesh Engineers Private Limited V/S Madhya Gujarat Vij Company Limited 2022 LiveLaw (Guj) 184 Yamuna cables accessories pvt. Ltd. V/s desai enterprise 2022 LiveLaw (Guj) 185 State Of Gujarat V Saurashtra Majur Mahajan Sangh 2022 LiveLaw (Guj) 186 Orders/Judgment of the Week Gujarat High Court Permits Provisional Appointment Of Person Claiming Scheduled Tribe Quota Pending Scrutiny Of Caste Certificate Case Title: Jaydev Mulubhai Jaju vs State Of Gujarat Citation: 2022 LiveLaw (Guj) 177 The High Court has permitted a person claiming to be from the Scheduled Tribe community, to be provisionally appointed to the post of Sales Tax Inspector Class III, pending scrutiny of the caste certificate produced by him. Justice Biren Vaishnav directed that such an appointment will be subjected to the result of the Scrutiny Committee. If the certificate produced by the Petitioner is proved to be disingenuous, the Petitioner would not be entitled to the benefit of being in provisional service. Per contra, if the certificate of the Petitioner is found to be genuine, it will be open for the Petitioner to claim his actual appointment along with continuity of service and other benefits. Mere Delay In Filing FIR Not Fatal In Motor Accident Claims If Adequate Explanation Is Offered: Gujarat High Court Case Title: Hardasbhai Raymalbhai Gohil vs Sanjaybhai Arvindbhai Jabuani Citation: 2022 LiveLaw (Guj) 178 The High Court directed the Motor Accident Claims Tribunal to consider the claim petition filed by a motor accident victim, even though there was a delay of about 1 month in reporting the matter to the Police. The direction was passed in a First Appeal filed under Section 173 of the Motor Vehicles Act 1988 challenging dismissal of the claim petition. Attention was drawn to the fact that the victim herein was earning INR 1,50,000 from his agricultural work and therefore the claimants were entitled to get compensation worth INR 11,00,000. 'Pious Stream Of Justice' Must Not Be Polluted: Gujarat High Court Refuses Bail To Lawyer Accused Of Cheating & Criminal Breach Of Trust Case Title: Shaileshgiri Mohangiri Meghnathi V/S State Of Gujarat Case Citation: 2022 LiveLaw (Guj) 179 While opining that it is a matter of shame for a lawyer to be involved in serious offences of cheating, criminal breach of trust and criminal intimidation, the Gujarat High Court has refused bail to the Applicant who had allegedly eloped for 3 years with a huge amount of money during the execution of a sale deed. The Bench comprising Justice Niral R Mehta observed, "applicant being a lawyer by profession, is oftenly involved in the offence serious in nature which itself is a matter of shame. The profession of a lawyer is a noble profession, as it has direct nexus with pious stream of justice which at any cost shall not be allowed to be polluted. It is highly unexpected from a lawyer to have indulged in such an offence not once, but several times in past. Though some offences are settled, but the fact remains that the offences took place at the instance of the applicant. Thus, the conduct of the applicant seems to be not befitting to the standard of the profession." Gujarat High Court Refuses To Intervene In Order Declaring Construction Of Madrassa On State Property Illegal Case Title: Madrasa-E-Anware Rabbani Waqf Committee V/S Surat Municipal Corporation Case Citation: 2022 LiveLaw (Guj) 180 The High Court refused to interfere with an order passed by the Executive Engineer of the Surat Municipal Corporation, directing removal of an alleged "Madrassa" said to be constructed on a government land, on the ground that the construction was without prior permission of the competent authority. "In the opinion of the Court, in absence of any evidence on record regarding actual running of educational institution and there is nothing on record to indicate any permission to running educational institution or building permission to put up construction of educational institution and the factual assertion not being controverted that the premises were being used for commercial purpose, the Court is not inclined to interfere with the ongoing process, which according to the Court is in accordance with the provisions of GDCR," Justice AY Kogje said. ...

Gujarat High Court Weekly Round Up: May 23 To May 29, 2022

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