Gujarat High Court Weekly Round-Up: September 04 To September 10, 2023

Nominal Index [Citations: 2023 LiveLaw (Guj) 144-150]Cargo Motors ( Gujarat ) Limited vs Kritikant Shivajirav Jadav Case Citation: 2023 Livelaw (Guj) 144Jenil Dilipkumar Patel vs State Of Gujarat 2023 Livelaw (Guj) 145Shubhra Hiteshbhai Gupta vs State Of Gujarat 2023 Livelaw (Guj) 146Girishbhai Ambalal Rathod Versus State Of Gujarat & 1 Other(S) 2023 Livelaw (Guj) 147Case Citation:...

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

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...

Alternate Place Of Jurisdiction U/S 371 Indian Succession Act Can Be Invoked Only If Deceased Had No Fixed Place Of Residence: Gujarat High Court

The Gujarat High Court has made it clear that even though Section 371 of the Indian Succession Act stipulates two modes of determining territorial jurisdiction of courts for grant of succession certificate, the second mode is only an alternative which can be invoked if the petitioner demonstrates that the deceased had no permanent place of residence.Section 371 prescribes that District...

'You Shouldn't Pressurise Her To Terminate Pregnancy': Gujarat High Court Tells Minor Girl's Father While Allowing Abortion Plea

The Gujarat High Court today allowed a 17-year-old girl to terminate her pregnancy of around 17 weeks. The Court, however, in an oral remark said that the father of the girl should not pressurise her daughter to terminate her pregnancy. The bench of Justice Samir J. Dave made this remark as it took note of the medical report of the girl and her statements recorded before the police and...

Gujarat High Court Seeks Centre's Response On 9 Indians Missing On Way From Dominica To USA

The Gujarat High Court has issued a notice to the central government in a PIL concerning the disappearance of nine individuals, including four from Mehsana district, who left Dominica for America in December last year.The division bench of Chief Justice Sunita Agarwal and Justice Aniruddha P Mayee directed, “Taking note of the concern raised in the petition and the communications provided...

'No Higher Insult To A Woman Than Trying To Touch Her Dignity': Gujarat HC Allows Abortion Plea Of Girl Allegedly Raped By Father

Allowing a plea filed by a 12-year-old, who was allegedly raped by her father, to abort her nearly 27-week pregnancy, the Gujarat High Court today observed that there is no higher insult to a woman than trying to touch her dignity. Calling the case as shocking and painful, the bench of Justice Samir J. Dave, quoting from 'Durga Saptashati', observed...

Gujarat HC Allows 12-Y/O Girl Allegedly Raped By Father To Terminate 27-Week Pregnancy, Awards ₹2.5 Lakhs As Compensation

The Gujarat High Court today allowed a plea filed by a 12-year-old, who was allegedly raped by her father, to abort her nearly 27-week pregnancy. The Court also granted her a compensation of Rs. 2.5 lakhs.The bench of Justice Samir J. Dave passed this order after perusing the medical report of the victim which was prepared by Sir Sayajirao Gayakwad General Hospital in Vadodara pursuant to...

Labour Court Can Award 100% Backwages For Termination Of Employment If Fault Is Found On Part Of Employer: Gujarat High Court

The Gujarat High Court has made it clear that when it comes to employment termination cases, the award of backwages is not automatic alongside reinstatement. However, the High Court emphasized that if the employer is found at fault, then full 100% wages can be granted.The division bench of Chief Justice Sunita Agarwal And Justice N.V. Anjaria observed, “It is settled law that in a case...

Gujarat High Court Quashes FIR Against Former SBI Deputy Manager In Currency Deficit Case From 2006

The Gujarat High Court has quashed a FIR filed against a former Deputy Manager (Accounts) of the State Bank of India (SBI) in connection with a currency deficit incident dating back to 2006 while observing that the departmental inquiry findings, which resulted in exoneration for the petitioner, established that the essential element of the offence under Section 409 of the Indian Penal Code...

Medical Admissions | Fixing Number Of Seats In State Quota Policy Decision Of Govt, Students Have No Right To Seek Such Direction: Gujarat HC

While observing that it is the prerogative of the State government to determine the number of seats available for MBBS courses under the State quota, the Gujarat High Court has dismissed a writ petition seeking a direction upon the authorities to augment the number of seats in Gujarat.The petition sought to compensate for the reduction in seats for the open category due to the amalgamation of...

Parents Forcing Children Aged Below 3 Yrs To Attend Pre-School Are Committing 'Illegal Act': Gujarat High Court

The Gujarat High Court last month dismissed multiple petitions challenging the State government's decision to implement a minimum age limit of six years for admission to Class 1 from the current academic year.While doing so, a division bench comprising Chief Justice Sunita Agarwal and Justice NV Anjaria further added that forcing children to go to a pre-school below the age of 3 years is...

Gujarat High Court Weekly Round-Up: August 28 To September 3, 2023

Judgements/Orders This WeekGujarat High Court Upholds Fairness Of 'Random Algorithm' Method In Tender Selection ProcessCase Title: M/S. Spire Enterprise vs Government E-Marketplace SPV Case Citation: 2023 Livelaw (Guj) 143In a recent judgment, the Gujarat High Court has reaffirmed the fairness and transparency of a selection process involving the use of a random algorithm for awarding a tender...