Parties In Appeal Not Entitled To Produce Additional Evidence As A Matter Of Right, Only Permitted In Exceptional Circumstances: Gujarat HC

The Gujarat High Court recently observed that in appeal, additional evidence cannot be produced as a matter of right but only in exceptional circumstances, such as when evidence was wrongly excluded by the civil court or was genuinely unavailable to be produced despite due diligence. In doing so, the court emphasized that inadvertence of the party or his inability to understand the legal...

Easing Educational Qualification To Prioritise Experience Can't Be Stretched To Dilute Criteria, State's Approach Anathema To Law: Gujarat HC

Striking down the appointment of a District Commandant, Home Guard (Class-I), in Narmada District, the Gujarat High Court observed that the appointee lacked the requisite educational qualifications.In doing so the court said that the approach of the State in relaxing the educational qualification by giving primacy to the experience, stretching it to an extent that the criteria gets diluted, is...

Gujarat High Court Monthly Digest: October 2024 [Citations 144-163]

Citations 2024 LiveLaw (Guj) 144 to 2024 LiveLaw (Guj) 163Nominal Index Pareshbhai Ramanlal Shah v. State of Gujarat and Batch, 2024 LiveLaw (Guj) 144I C Mahida – M.D. of Surat District Co-op Bank Ltd v. State of Gujarat & Ors, 2024 LiveLaw (Guj) 145X v. State of Gujarat, 2024 LiveLaw (Guj) 146New India Assurance Co. Ltd. v. Ramrul @ MunnaLokane Mina & Ors, 2024 LiveLaw (Guj) 147X v....

Draft Amendments Made In Body Of Writ Petition Regarding Factual Assertions To Be Accompanied By Application And Affidavit: Gujarat HC

Observing that draft amendments with respect to factual assertions in the body of a writ petition are to made by moving an appropriate application with affidavit, the Gujarat High Court recently rejected the draft amendments sans application made in a matter which had been accepted by the court's Registry. In doing so the court emphasized the necessity of adhering to the procedure...

Transport Rules Places Onus On Transporter To Pay For Excise Escort When Moving Alcohol Through The State: Gujarat High Court

The Gujarat High Court recently observed that the state transport rules places the onus not on the consignor or consingnee but on the transporter to apply for and pay fee for an excise escort when moving alcohol through the State.Notably Rule 10 Gujarat Through Transport Rules requires that an excise escort be arranged by the transporter and that they submit an application with the relevant...

Certified Copy Not Necessary To File GST Appeal, Order Downloaded From Site Enough: Gujarat High Court

Quashing an order of the tax authority which rejected a GST Appeal due to non-submission of a certified copy, the Gujarat High Court said that when an appealed order is available on a common portal and can be directly accessed by the Appellate Authority, there should be no need to submit a “certified copy” to confirm its authenticity.The court further underscored that in today's...

Anganwadi Workers Perform Onerous Statutory Duties, Not Considering Them As Part Of State Civil Services Is Discriminatory: Gujarat HC

The Gujarat High Court in an order passed recently observed that although Anganwadi Workers (AWWs) and Helpers (AWHs) are not formally part of State Civil Services, they perform a "unique role" as well as onerous statutory duties under the Right to Education Act (RTE) and the National Food Security Act (NSF). In doing so the court the found the State's refusal to recognize them within State...

Employee's Right To Promised Pay Scale Benefits Can't Be Negated By Administrative Delays: Gujarat HC

Gujarat High Court: Justice Vaibhavi D. Nanavati ruled that the State of Gujarat must grant higher pay scales to Work Assistant cadre members based on their tenure, following unfulfilled promises of promotion and salary adjustments as per government resolutions. The court found the State's recovery of salaries, granted due to delays in implementing pay-scale adjustments, to be unlawful....

Gujarat High Court Enlarges Man Booked In 2013 Sabarmati Prison Break Attempt Case On Regular Bail

The Gujarat High Court granted regular bail to Saquib Nisar Shaikh–booked in connection with the 2013 Sabarmati prison break attempt case by allegedly digging a tunnel, noting that the applicant had already been in jail for over a decade with no immediate prospect of completion of trial.The FIR was registered under IPC Sections 224 (intentionally escaping or attempting to escape from...

Gujarat High Court Issues Guidelines For Medical Board To Follow While Forming Opinion Of Termination Of Pregnancy

While permitting a 16-year-old alleged rape survivor to terminate her over 24 week pregnancy, the Gujarat High Court last week issued guidelines for registered medical practitioner/medical board to follow while forming their opinion on termination of pregnancy focussing on physical and emotional well-being of the pregnant person. A single judge bench of Justice Sanjeev J Thaker, in its November...

2002 Sabarmati Express Burning Case: Gujarat High Court Rejects Temporary Bail Of Convict For Father's Treatment

The Gujarat High Court on Thursday (November 7) rejected the temporary bail plea moved by a man–convicted in the 2002 Sabarmati Express train burning case, sought for carrying out the medical treatment of his 95-year-old father. The court passed the order after noting that the there were other family members present who could look after the man's father. After perusing through the jail...

No 'Illegal' Detention: Gujarat High Court Rejects Pakistani Father's Plea For Custody Of Minor Son Brought To India By Mother

The Gujarat High Court has rejected a plea filed by a Pakistani man seeking custody of his 4-year-old son, who allegedly was brought to India by his mother.In its judgement, a division bench comprising Justices Sangeeta K Vishen and Sanjeev J Thaker observed, “The minor Azlaan aged 4 years, is in the custody of his mother and hence, it is difficult to believe that the welfare and the...