[Arnesh Kumar Guidelines] No Contempt Action Against Police Officer Arresting Without Warrant, If Proper Explanation Given To Magistrate: Gujarat HC

In a recent ruling by the Gujarat High Court, it was held that contempt of court proceedings cannot be initiated against a police officer for arresting an accused without a warrant, without prior notice under Section 41A of the Criminal Procedure Code (CrPC), if the officer provides a valid explanation before the magistrate.The division bench of Justices Ashutosh Shashtri and Divyesh A....

Gujarat High Court Upholds Dismissal Of Defamation Case Filed By 2002 Gujarat Riots Victim Against Makers Of 'Rajdhani Express'

The Gujarat High Court has upheld the dismissal of a defamation case filed by the ‘Face’ of 2002 Gujarat Riots, Kutubuddin Ansari, a victim of the riots, against the makers of the 2013 film 'Rajdhani Express.'The case revolved around the unauthorized use of Ansari's image in the movie, which he claimed had damaged his reputation and personal safety.Justice Sandeep N Bhatt observed, “It...

Elected Members Must Ensure No Conflict Arises Between Public Duties And Electoral Interest: Gujarat High Court

While observing that elected officials must ensure that their public duties do not conflict with their electoral interests and should refrain from actions that could tarnish the credibility of the institution they represent, the Gujarat High Court upheld the removal of a Municipal Councillor for misconduct during the Covid-19 pandemic.The division bench of Chief Justice Sunita Agarwal And...

PM Modi Degree Defamation Case | Gujarat HC Refuses Priority Hearing To Pleas Filed By Arvind Kejriwal, Sanjay Singh Against Summons

The Gujarat High Court on Friday once again refused to grant a priority hearing to the petitions filed by Delhi Chief Minister Arvind Kejriwal and AAP Rajya Sabha MP Sanjay Singh in connection with Prime Minister Narendra Modi's Academic degree defamation case. Both AAP leaders have moved the high court seeking the quashing of a summons issued by a Magistrate Court in the...

PM Modi Degree Defamation Case | Gujarat HC Refuses Urgent Listing Of Arvind Kejriwal, Sanjay Singh Petitions Challenging Summons

The Gujarat High Court today refused to grant urgent circulation of the petitions filed by Delhi Chief Minister Arvind Kejriwal and AAP Rajya Sabha MP Sanjay Singh seeking quashing of an order of the Magistrate Court issuing them summons in the defamation complaint filed against them over their comments 'targeting' the Gujarat University seeking educational degree of Prime Minister...

Gujarat Riots 'Conspiracy' Case | 'Only Prima Facie Case Is To Be Seen': High Court To Hear Teesta Setalvad's Quashing Plea On October 11

The Gujarat High Court today once again adjourned the hearing in social activist Teesta Setalvad’s plea to quash the case lodged against her by Gujarat Police accusing her of fabricating documents so as to implicate high government functionaries including the then CM Narendra Modi in relation to the 2002 Gujarat riots. Observing that the matter wouldn’t require a lengthy hearing,...

'Seeking India PM's Academic Degree Details No Defamation': Arvind Kejriwal Moves Gujarat High Court Challenging Summons

Delhi CM Arvind Kejriwal and Aam Aadmi Party (AAP) Rajyasabha MP Sanjay Singh have moved the Gujarat High Court challenging the issuance of summons by a Magistrate Court in a defamation complaint filed against them over their comments 'targeting' the Gujarat University seeking educational degree of Prime Minister Narendra Modi.The appeal has been filed 4 days after a Sessions Court in...

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

Nominal Index [Citations: 2023 LiveLaw (Guj) 150-154]XYZ Versus State Of Gujarat and Others 2023 Livelaw (Guj) 150The New India Assurance Co. Ltd. Versus Chandrakant Gokalbhai Patel 2023 Livelaw (Guj) 151Planet Automotive Pvt. Ltd. Versus State Of Gujarat 2023 Livelaw (Guj) 152XYZ Versus State Of Gujarat 2023 Livelaw (Guj) 153Mujahid Nafees Vs. State Of Gujarat 2023 Livelaw...

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

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...

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

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...

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

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...

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

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...