[S.349 CrPC] Court Can Sentence Witness To A Maximum Of 7 Days Imprisonment Upon Unexplained Refusal To Produce Material Evidence: Gujarat High Court

The Gujarat High Court has quashed the conviction of a police inspector, sentenced to seven days of simple imprisonment, for allegedly failing to produce material evidence in a trial. The Court observed that as per Section 349 CrPC, the Court, after recording reasons, may sentence a witness for a term not exceeding seven days simple imprisonment, unless in the meantime, the witness produces...

Oral Dying Declaration Can Form Basis For Conviction If Deponent Of Fit Mind And Truthful, But Prudent To Look For Corroboration: Gujarat HC

In a recent ruling, the Gujarat High Court has upheld the acquittal of an accused in a murder case, emphasising that it is prudent to look for corroboration of an oral dying declaration.The division bench comprising Justices Ilesh J Vohra and Niral R Mehta observed,“an oral Dying Declaration can form the basis of conviction if the deponent is in fit condition to make the declaration and if...

Use Of Counterfeit Currency In Absence Of Mens Rea Doesn't Attract Offence U/S 489B IPC: Gujarat High Court Upholds Acquittal

In a recent ruling, the Gujarat High Court upheld the acquittal of six individuals in a counterfeit currency case, dismissing the appeal filed by the State under Section 378 of the Criminal Procedure Code, 1973. The Court maintained that the absence of mens rea, or the intention or knowledge of wrongdoing, rendered the mere use of forged or counterfeit currency notes insufficient to attract...

To Attract S.397 IPC, Burden Of Proof Lies On Prosecution To Establish That Alleged Robber Put The Weapon To Use: Gujarat High Court

In a recent ruling, the Gujarat High Court acquitted a robbery accused, emphasising that to establish a charge under Section 397 of the IPC, it is essential for the prosecution to prove that the offender used a weapon, such as a knife.The provision prescribes penalty for use of a weapon at the time of committing robbery or dacoity.Justice Nisha M. Thakore presiding over the case, observed,...

[Rajkot Gaming Zone Fire] Gujarat High Court Rebukes State Municipal Corp For Negligence; Demands Accountability From Commissioners

A special bench of the Gujarat High Court has strongly criticized state municipal corporations for their lack of accountability and failure to conduct periodic fire safety checks following the TRP Gaming Zone fire in Rajkot.The hearing took place before a division bench comprising Justices Biren Vaishnav and Devan M. Desai.Pursuant to the Court's earlier orders, Harshit P. Gosavi, IAS,...

Gujarat High Court Upholds Life Sentence Of Father For Poisoning Minor Children; Orders Criminal Action Against Wife For False Testimony

The Gujarat High Court has upheld the life sentence of a man convicted of murdering his two minor children by administering poison in tea, biscuits, and water. The division bench of Justice A.S. Supehia and Justice Vimal K. Vyas observed that the appellant had committed a heinous offence without any motive, reason, or instigation. The bench noted, "Thus, on the overall appreciation of...

Gujarat High Court Halts Admissions At Eight Law Colleges Lacking BCI Approval

The Gujarat High Court has halted the admission process for LLB courses at eight law colleges in the state that have not received approval from the Bar Council of India (BCI). The court directed the BCI to conduct inspections of these colleges, which is a prerequisite for granting approval.Justice Vimal K Vyas, presiding over the case, noted, “Considering the provisions of Rules 2008...

[Rajkot Gaming Zone Fire] Police Commissioner Files Affidavit in Gujarat High Court Explaining Permissions Granted To TRP Gaming Zone Under Gujarat Police Act

Commissioner of Police, Rajkot, IPS Brajeshkumar Jha, has filed an affidavit before the Gujarat High Court following a directive to explain the permissions granted to the TRP Gaming Zone. The High Court sought details on whether these permissions were obtained under the provisions of Section 33(w) of the Gujarat Police Act, 1951.Jha, who assumed office on May 28, 2024, stated in his...

Gujarat High Court Notifies Lawyers And Litigants To Settle Outstanding Court Fees For Covid-Era Cases, Urges Compliance Within 30 Days

The Gujarat High Court has issued a notification to lawyers and litigants involved in 29,466 cases, urging them to settle outstanding court fees. These cases, filed during the Covid-19 pandemic period spanning from March 22, 2020, to January 7, 2022, have been flagged by the High Court for either non-payment or insufficient payment of court fees.The notification, issued by the High...

[Rajkot Gaming Zone Fire] Gujarat High Court Criticizes State, Civic Authorities Over Unauthorised Gaming Centres, Orders Strict Action

Today, the Gujarat High Court sharply criticized the Rajkot municipal body and the state government after it was revealed that two gaming zones in Rajkot had been operating for over two years without the necessary permits. The hearing was conducted before a division bench comprising Justices Biren Vaishnav and Devan M. Desai. The bench stated, “It is most unfortunate that it is only the...

Gujarat High Court Weekly Roundup: May 20 - May 26, 2024

Nominal Index [Citations: 2024 LiveLaw (Guj) 68-72]Deputy Collector & Anr. Versus Meera S. Desai & Anr 2024 LiveLaw (Guj) 68NEPRA Resources Management Pvt. Ltd. & Anr. Vs State of Gujarat & Anr. 2024 LiveLaw (Guj) 69Vimal Agro Products Pvt. Ltd. & Anr. Vs Union of India & Ors 2024 LiveLaw (Guj) 70Dipen Champaklal Shah Vs State of Gujarat 2024 LiveLaw (Guj) 71Black...

'Man Made Disaster': Gujarat High Court Takes Suo Motu Cognizance Of The Tragic Fire Accident At TRP Gaming Zone In Rajkot

On Sunday, the Gujarat High Court took suo motu cognizance of the tragic fire at TRP Game Zone in Rajkot, which resulted in the deaths of at least 27 people.The hearing was conducted before a division bench comprising Justices Biren Vaishnav and Devan M. Desai. The bench observed, “Apart from having constructed such Game zones / recreational facilities, they have been put to use...