Gujarat High Court
Gujarat High Court Upholds Man's Discharge In Adultery Case Citing SC Judgment Striking Down S.497 IPC As Unconstitutional
The Gujarat High Court has upheld an order discharging a man accused of committing adultery with another's wife in view of Supreme Court's 2018 judgment where Section 497 IPC was struck down as unconstitutional. Prior to being struck down as unconstitutional in Joseph Shine v Union of India (2018), Section 497 stated that whoever has sexual intercourse with a woman who is wife of another...
Wife Earning Income Can't Be Sole Criteria To Deny Maintenance From Husband: Gujarat High Court
The Gujarat High Court has recently said that merely because a woman is earning an income cannot be the sole criteria to reject her claim for maintenance from her husband. Justice Hasmukh D Suthar in his order noted,"Having heard the learned advocates for the respective parties and considering the contents of the application as well as the conclusions of the learned Family Court, it is evident...
Mere Delay Can't Defeat Claim Of Disabled Candidate, Legislative Policy Favors Inclusion: Gujarat High Court
The Gujarat High Court granted relief to a physically handicapped candidate denied appointment by Centre as a Postal Sorting Assistant on the ground that he had not passed 10+2 with compulsory English and had approached CAT for relief as a "fence sitter" only after similarly situated applicants had succeeded. In doing so the court took "judicial notice" of the legislative policy that people...
Father Taking Child Away From Mother Despite Foreign Court Order Amounts To Unlawful Custody: Gujarat High Court
The Gujarat High Court directed a father to hand over custody of his child to the mother, after finding that he had brought the child to India unlawfully by removing him from his mother's custody granted to her by a Canadian court where the father had participated.In doing so the court observed that forcing the child to stay away from the mother who is based in Canada would be traumatic....
Contributory Negligence | Vehicle Suffering Higher Damage In Accident Doesn't Mean Its Driver Was Speeding: Gujarat High Court
The Gujarat High Court has said that merely because a motorcycle suffers damage at "higher scale" in an accident would not mean that the motorcyclist was travelling at a higher speed. The court made the observation while hearing an appeal moved by the deceased's kin challenging an order which held there was 20% contributory negligence attributable to the deceased. Justice JL Odedra in his...
Baroda Cricket Association Elections: High Court Slams Electoral Officer For Ignoring Objections To Nomination, Disqualifies 4 Candidates
The Gujarat High Court set aside the candidature of four persons from contesting elections to the Baroda Cricket Association (BCA) after noting that they had completed cumulative term of 9 years as Councillor or Office Bearer. It said that for determining disqualification, the entire period served either as an “Office Bearer” or as a member of the Apex Council in the capacity of...
Family Court Empowered To Consider Muslim Couple's Plea For Declaration Of Mutual Divorce By 'Mubarat': Gujarat High Court Reaffirms
The Gujarat High Court has reiterated that a family court is competent and empowered to consider application for dissolution of marriage based on divorce by mutual consent which is also known as Mubarat agreement executed between Muslim couple.A division bench of Justice AY Kogje and Justice Nisha M Thakore referred to the high court's decision in Asif Daudbhai Karva & Anr. Versus None...
Animal Cruelty | Gujarat High Court Asks State To Explain Inaction Over Proposed Amendment To Ban Rat Glue Traps
The Gujarat High Court on Wednesday (March 18) directed the State home department's Principal Secretary to file a personal affidavit explaining inaction for over 7.5 months regarding proposed amendment to the Prevention of Cruelty to Animals Act prohibiting sale, manufacture and use of glue trap method to catch rodents.The court was hearing a PIL seeking to prohibit the usage of glue trap...
Gujarat High Court Laments 'Stereotyped Orders' By Registrar Refusing To Make Changes To Birth Certificates
The Gujarat High Court has directed the State Government to take appropriate steps to ensure that court orders on power of the Registrar to make changes to entries in the register of births and deaths are brought to the notice of the competent authorities. This, after the court lamented that even though there were a "plethora of judgments" setting aside orders where the Competent Authority...
Surat Rape Case | 'Contradictions In Victim's Testimony': Narayan Sai Tells Gujarat High Court In Plea Challenging Conviction, Life Term
While arguing his plea challenging his 2019 rape conviction and life sentence, Narayan Sai told the Gujarat High Court on Tuesday (March 17) that there were several contradictions, revisions and improvements in the testimony of the prosecutrix which had not been looked at by the trial court. Victim had chance to report but did notA division bench of Justice Ilesh J Vora and Justice RT...
Person Entitled To Compensation Who Suffers Injuries Or Death Anywhere Within Precincts Of Railway Station: Gujarat High Court
The Gujarat High Court has observed that if a person is in the waiting hall, clock room, reservation or booking office, or on a platform or any other place within the precincts of a railway station and receives injuries or suffers death, the Railways would be liable to pay compensation.In doing so the court emphasized that Section 123(c) (untoward incident) is a beneficial provision and...
"Pursue Municipal Corporation": Gujarat High Court Disposes Plea Against Notice For Removal Of '200-Yr-Old' Dargah For Road Widening
The Gujarat High Court on Monday (March 16) disposed of a petition challenging a notice issued by Navsari Municipal Corporation to a Dargah, stated to be 200-years-old, for its removal due to a road widening project.The court disposed of the petition as the petitioners sought to withdraw the plea after informing that they had filed objections to the notice and wanted to pursue the matter...