Gujarat High Court Weekly Round-Up: September 11 To September 17, 2023

XYZ Versus State Of Gujarat and Others 2023 Livelaw (Guj) 150

The New India Assurance Co. Ltd. Versus Chandrakant Gokalbhai Patel 2023 Livelaw (Guj) 151

Planet Automotive Pvt. Ltd. Versus State Of Gujarat 2023 Livelaw (Guj) 152

XYZ Versus State Of Gujarat 2023 Livelaw (Guj) 153

Mujahid Nafees Vs. State Of Gujarat 2023 Livelaw (Guj) 154

Judgements/Orders This Week

‘No Life Giver In World Like The Mother’: Gujarat HC Cites 'Skand Purana' While Allowing Minor Girl To Abort 17-Week Pregnancy

Case Title - XYZ Versus State Of Gujarat

Citation: 2023 Livelaw (Guj) 150

The Gujarat High Court last week allowed the medical termination of a minor girl’s 17-week pregnancy.

In its order, Justice Samir J. Dave referred to the following verse from the Hindu religious text Skanda Purana, the largest Mukhyapurana, to emphasise the value that mothers hold in our society: "नास्ति मातृसमा छाया नास्ति मातृसमा गतिः। नास्ति मातृसमं त्राणं नास्ति मातृसमा प्रपा।।" [माता के समान कोई छाया नहीं, कोई आश्रय नहीं, कोई सुरक्षा नहीं। माता के समान इस विश्व में कोई जीवनदाता नहीं।] [Translation: there is no shade, shelter and protection like that of a mother, no life giver in this world like the mother]

'Error Of Judgment Not Misconduct': Gujarat HC On Termination Of Employee For Making 'Unacceptable' Lok Adalat Settlements On Employer's Behalf

Case Title: The New India Assurance Co. Ltd. Versus Chandrakant Gokalbhai Patel

Citation: 2023 Livelaw (Guj) 151

The Gujarat High Court has ruled that signing settlement claims in Lok Adalat does not amount to misconduct, emphasizing that even if an employee's actions appear to be an error in judgment or negligence in performing their duties, such actions do not qualify as misconduct unless the company can demonstrate that they have caused irreparable harm, thus highlighting the need to establish the severity of negligence in such cases.

Benefit Of Vera Samadhan Yojana-2019 Cannot Be Denied Due To Erroneous Payment Figure In Tax Intimation: Gujarat High Court

Case Title: Planet Automotive Pvt. Ltd. Versus State Of Gujarat

Citation: 2023 Livelaw (Guj) 152

While handing down a verdict in favor of Planet Automotive Pvt. Ltd., which had sought relief under the "Vera Samadhan Yojana-2019," a tax amnesty scheme introduced by the State of Gujarat, the Gujarat High Court, has affirmed that a minor error in the intimation should not prevent the petitioner from availing the benefits of the scheme, especially when they have met the essential criteria for eligibility.

'Can't Compel Rape Survivor To Continue With Pregnancy': Gujarat High Court Allows Minor Girl To Abort Over 19-Week Pregnancy

Case Title - XYZ Versus State Of Gujarat

Citation: 2023 Livelaw (Guj) 153

The Gujarat High Court today allowed the medical termination of a minor rape survivor's 19-week pregnancy while noting that a victim can not be allowed to continue with her pregnancy if she is unwilling.

The bench of Justice Samir J. Dave observed thus while dealing with the plea moved by the elder sister of the 16-year-old rape victim seeking to terminate her over 17-week pregnancy. Hearing the plea on September 9, the Court formed a medical panel of the Doctors of GEMRS Medical College & General Hospital Vadnagar to examine the girl and submit a report to the Court.

'Wholly Misconceived': Gujarat HC Junks 'Second' PIL Seeking Burial Grounds For All Religious Communities, Imposes ₹10K Costs

Case Citation: Mujahid Nafees Vs. State Of Gujarat

Citation: 2023 Livelaw (Guj) 154

The Gujarat High Court today dismissed a Public Interest Litigation (PIL) plea seeking to provide fitting places for burial to different religious communities in the state as it noted that earlier, for the same relief, a PIL had been moved by the petitioner and the same was dismissed as withdrawn. The Court also imposed a cost of Rs. 10,000/- on the petitioner.

"This is a wholly misconceived second PIL filed by the petitioner for the same relief for which, earlier a PIL had been filed, and the same was dismissed as withdrawn and no liberty was granted to the petitioner to file another PIL," a bench of Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee observed as it dismissed the PIL plea.

Other Developments

Historic Moment At Gujarat High Court As Lok Adalat Settles Accident Death Claim For Rs 5.40 Crore

In a historic development during a National Lok Adalat organized at the Gujarat High Court, a remarkable case was resolved, setting a new benchmark for the Lok Adalats in the region. The case involved a claimant and an insurance company, resulting in a settlement of Rs 5.40 crore, marking the highest-ever compensation awarded in the history of Lok Adalats in Gujarat.

The case revolved around the unfortunate demise of Prakash Vaghela, a resident of Bharuch, who lost his life in a car accident in November 2014 while traveling from Vadodara to Ahmedabad airport. Vaghela, a general manager at a private company, had an annual salary package of Rs 31 lakh, and his wife sought a compensation of Rs 6.31 crore, considering his future earning potential.