Gujarat High Court
S.163A MV Act | Borrower Driving Owner's Vehicle Not 'Third Party'; Legal Heirs Can't Claim No-Fault Compensation: Gujarat High Court
The Gujarat High Court has held that the legal representatives of a deceased borrower-driver cannot maintain a claim under Section 163A of the Motor Vehicles Act against the insurer, reiterating that a person who borrows a vehicle and drives it “steps into the shoes of the owner” and cannot be treated as a third party.Section 163A provides for compensation on a no-fault basis,...
Gujarat High Court Stays FIRs Against Rolling Paper Traders Booked Following State Ban
The Gujarat High Court in an interim order stayed investigation in FIRs registered against traders dealing in rolling paper brands like 'Stash Pro' and 'GoGo Papers', booked pursuant to the State Government's 2025 notification banning sale, distribution and movement of rolling paper, perfect roll and smoking cones. The petitioners had challenged a Notification dated 16.12.2025 issued by...
'Glaring Case Of State Apathy': Gujarat High Court Rejects Appeal Filed With 837-Days Delay, Warns Officers Against Unproductive Litigation
The Gujarat High Court issued a stern warning to the State officers and directed the Government Pleader to instruct all Assistant Government Pleaders to remain attentive while drafting delay condonation applications, after finding that an appeal was filed with an unexplained delay of 837 days contrary to the State Litigation Policy.The Court was hearing an application seeking to condone delay...
Sentence For Subsequent Conviction Must Run Concurrently With Life Term: Gujarat High Court Orders Release Of Convict
The Gujarat High Court ordered release of a murder convict who was sentenced to life imprisonment, but was later awarded separate two-year sentence by the trial court for absconding while on temporary bail. In doing so, the Court found a “grave error” committed by the Trial Court and Appellate Court in directing the subsequent sentence to run consecutively, holding that under 427(2) of...
Gujarat High Court Quashes Penalty Imposed On Officer Despite Exoneration, Notes CM's Approval Was Obliterated Using Whitener
The Gujarat High Court has quashed disciplinary penalty imposed on a Class-I officer over certain alleged irregularities, after finding that despite the competent authority approving his exoneration the order was never communicated to him. The court expressed shocked after noting that the Chief Minister's signature on the file was “obliterated by using whitener,” raising serious...
Dying Declaration Proves Assailant, Not Intention To Kill: Gujarat High Court Converts Murder Conviction To Culpable Homicide
The Gujarat High Court modified a murder conviction into culpable homicide not amounting to murder, holding that although the dying declaration established the accused's role in causing injuries, the overall circumstances reflected absence of intention to kill.Allowing the appeal partly, the Division Bench of Justice Ilesh Vora and Justice R.T. Vacchani specifically observed:“While the...
Order 43 Rule 1(c) CPC | Appeal Maintainable Against Rejection Of Delay Condonation In Plea For Restoration Of Suit: Gujarat High Court
The Gujarat High Court has held that an appeal under Order 43 Rule 1(c) CPC is maintainable against an order rejecting condonation of delay in filing an application for restoring a suit which was dismissed for default, holding that such rejection effectively amounts to dismissal of the restoration application itself.The question involved petition was whether a Civil Miscellaneous Appeal...
Litigants Can't Plead Ignorance When Judgments Are Uploaded Online: Gujarat High Court Refuses To Restore Suit Dismissed For Default
The Gujarat High Court upheld a trial court order which refused to condone delay of 14 months and 15 days to restore a civil suit which was dismissed for default, observing that litigants cannot evade responsibility by blaming their advocates claiming ignorance of court orders uploaded online in the digital era. Emphasizing the duty of litigants to remain vigilant about their own cases,...
Unregistered Nikahnama, Lack Of Marriage Photo Or Service Record Entry Can't Defeat Widow's Pension Claim: Gujarat High Court
The Gujarat High Court has held that denial of family pension on the ground that the marriage was not solemnized as it was not reflected in the employee's service records or supported by photographs is “highly improper and unjust”.In doing so the court directed the Ahmedabad Municipal Corporation to treat the petitioner as the legally wedded wife of the corporation's deceased employee...
'Days Of Deepfakes': Gujarat High Court Rejects PIL Filed Solely Based On WhatsApp Video Alleging Illegal Demolition Of College Building
The Gujarat High Court dismissed a PIL alleging illegal demolition of a college building based on a video received by the litigant over WhatsApp, observing that in the age of "deepfake"— images, videos and audios can be edited or generated using artificial intelligence (AI) to target any person. The court also said that such videos are circulated and made viral by people wherein none of...
2002 Gujarat Riots: High Court Upholds Murder Acquittal Of Two, Cites State's Failure To Prove Where Body Was Recovered From
The Gujarat High Court has upheld the acquittal of two in a murder case connected to the 2002 post Godhra train burning communal riots, finding that the prosecution's case was riddled with hearsay evidence, material contradictions in eyewitness testimony, as well as the failure to establish where dead body was recovered from. Pointing out these infirmities, the Division Bench comprising...
'Each Day's Delay Will Add To Agony': Gujarat High Court Permits Termination Of 15-Week Pregnancy Of Minor Rape Survivor
The Gujarat High Court directed medical termination of a minor rape survivor's 15-week pregnancy observing that "each day's delay will add" to her "agony". Justice M.R. Mengdey observed: "Considering the fact that each day's delay will add to the victim's agony, the following directions are issued :(i) The victim is permitted to get the pregnancy terminated at the Zydus Medical College...