[Habeas Corpus] Court Cannot Force Medical Tests To Ascertain Mental Stability Of Corpus: Gujarat High Court

The Gujarat High Court, in a significant dissenting opinion from a previous order issued by the Coordinate Bench, has ruled that individuals under a Habeas Corpus petition cannot be compelled to undergo medical tests to determine their mental stability.The Division Bench comprising Justice A. I. Supehia and Justice Gita Gopi held, “In our considered opinion, the respondent Nos.3 and 4 cannot...

S.14A SC/ST Act Overrides General Provisions Of Appeal Under CrPC: Gujarat High Court

The Gujarat High Court has held that the provision of appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Atrocities Act) overrides appeal preferred by original complainant/victim under Section 372 CrPC or by the State under Section 378(1)(3) of the Code.It held that appeals against any judgement, sentence or order arising out of...

PM Modi Degree Defamation Case | High Court Issues Notice To Gujarat Varsity On Arvind Kejriwal Plea Against Summons, No Stay On Proceedings

The Gujarat High Court today refused to stay the Defamation case proceedings against Delhi Chief Minister Arvind Kejriwal and Aam Aadmi Party's Rajya Sabha MP Sanjay Singh (pending in a Court in Ahmedabad) in their revision plea filed in connection with Prime Minister Narendra Modi's Academic degree.For context, both AAP leaders have moved the High Court seeking quashing of a summons issued by...

‘Huge Scam And An Offence Against The Society’: Gujarat High Court Rejects Fugitive Businessman Mehul Choksi's Plea Seeking To Quash 2017 Cheating Case

The Gujarat High Court dismissed a petition by fugitive businessman Mehul Chinubhai Choksi, former chairman and managing director of Gitanjali Gems, seeking to quash a First Information Report (FIR) against him. The FIR alleged Choksi's involvement in duping a woman through a franchisee of his firm Gitanjali Jewellery.Justice Sandeep N Bhatt observed, “Due to such fraudulent act and closure...

Rape, Queer Student Harassment Allegations | 'GNLU Trying To Save Institute's Image, Its Inquiry Merely A Cover Up', Says High Court In Suo Moto Case

Dealing with the suo moto matter pertaining to rape allegations by a second-year law student against her batchmate and harassment of a queer student at the Gujarat National Law University (GNLU), the Gujarat High Court took strong exception to the working of the Institute’s fact-finding committee concerned with the issue in question.A bench of Chief Justice Sunita Agarwal...

Kheda Muslim Men Flogging | 'Have Served Gujarat Police For 10-15 Yrs': Cops Facing Contempt Charges Urge High Court To Not Punish Them

The 4 policemen who have been charged under the Contempt of Courts Act by the Gujarat High Court for mercilessly beating five Muslim men in the Kheda district last year, today submitted in the HC that in case they are ultimately found guilty, they may not be punished and instead, appropriate compensation be provided to the complainants. Senior Counsel Prakash Jani, appearing for the...

Supreme Court Collegium Recommends Appointment Of Judicial Officer VK Vyas As A Judge Of Gujarat High Court

The Supreme Court Collegium has recommended the appointment of Judicial Officer Vimal Kanaiyalal Vyas as a Judge of the Gujarat High Court. In its resolution passed yesterday, the Collegium has said on 7 February 2023, the Chief Justice of the High Court in consultation with his two senior-most colleagues made the above recommendation. In order to ascertain his suitability for...

Gujarat HC Judges To Watch Haryanvi Song 'Court Me Goli' After A PIL Objects To Its Lyrics Being Against Judiciary's Integrity

While hearing a Public Interest Litigation (PIL) plea objecting to a Haryanavi Song ‘Court Me Goli’ as being against the integrity of the Indian Judiciary, a bench of Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee today said that it would be watching the video of the song to decide the future course of action in the matter. The bench remarked thus in a PIL plea moved by...

Gujarat HC Issues Notices To CBFC, Makers Of ‘Guthlee Ladoo’ Film Over Alleged Use Of Casteist Term Against Valmikis

Hearing a petition objecting to the use of an offensive term for the Valmiki community in an upcoming Hindi movie ‘Guthlee Ladoo’, the Gujarat High Court has issued notices to the Central Board of Film Certification (CBFC) and the makers of the film. A bench of Justice Vaibhavi Nanavati issued a notice returnable on October 11. The film is scheduled to be released on October...

Gujarat High Court Monthly Digest: September 2023

Nominal Index [Citations: 2023 LiveLaw (Guj) 143-162]M/S. Spire Enterprise vs Government E-Marketplace SPV 2023 Livelaw (Guj) 143Cargo Motors ( Gujarat ) Limited vs Kritikant Shivajirav Jadav LL Citation: 2023 Livelaw (Guj) 144Jenil Dilipkumar Patel vs State Of Gujarat LLx Citation: 2023 Livelaw (Guj) 145Shubhra Hiteshbhai Gupta vs State Of Gujarat 2023 Livelaw (Guj) 146Girishbhai Ambalal...

Kheda Flogging Of Muslim Men: Gujarat HC Frames Contempt Charges Against 4 Cops For Alleged Violation Of 'DK Basu Guidelines'

The Gujarat High Court today framed Contempt charges against four policemen accused of publicly flogging Muslim men in the Kheda district in October last year on account of an alleged violation of DK Basu guidelines. A bench of Justice AS Supehia and Justice M. R. Mengdey has granted the erring officials time to file an affidavit in their own defence and posted the matter for hearing...

Instructions Issued Against Giving Long Dates In Bail Matters, 2 Benches Formed To Hear Bail Pleas: Gujarat HC CJ Sunita Agarwal

Gujarat High Court Chief Justice Sunita Agarwal today said that she has issued instructions to concerned departments in the HC against giving long dates in bail matters. Chief Justice added that a new roaster has been issued and two benches would be hearing only bail matters starting October 5. The decision was communicated to the bar members orally by the Chief Justice earlier...