Tolerance Is Foundation Of Marriage But Wife's Family Often Makes Mountain Out Of Mole, Courts Must Be Wary Of False FIRs: Gujarat High Court

Setting aside an FIR lodged by a woman alleging dowry demand and cruelty by her husband and his family members, the Gujarat High Court emphasized that while tolerance should be foundation of a sound marriage, but often in such cases it is found that the family of the wife makes a "mountain out of a mole". In its 44 page judgment a single judge bench of Justice Divyesh A Joshi noted that...

Bikers & Pillion Riders In Ahmedabad Must Wear Helmets: Gujarat High Court Directs State To Implement Rule Within 15 Days

Flagging various issues concerning traffic congestion in Ahmedabad, the Gujarat High Court on Wednesday asked the authorities to implement within 15 days the "mandatory requirement" of wearing of helmet by two wheeler riders including the pillion rider. A division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi were hearing a public interest litigation (PIL) moved by 20...

Indiscriminate Sewage, Industrial Waste Disposal Into Sabarmati River Turning It Into "Cesspool Of Dangerous Bacteria": Gujarat High Court

Expressing concern at the "indiscriminate" disposal of Ahmedabad's sewage and industrial waste into the Sabarmati river turning it into a "cesspool of dangerous" drug-resistant bacteria, the Gujarat High Court directed the concerned authorities to include all stakeholders for working out reutilisation of treated industrial wastewater. A special division bench of Chief Justice Sunita Agarwal...

Judicial Magistrate Can Order Voice Samples Of Accused For Investigation Of Crime: Gujarat High Court

The Gujarat High Court has recently observed that judicial magistrates have the power to order individuals, including accused persons, to provide voice samples for crime investigations. Referring to the Supreme Court's decision in Ritesh Sinha v State of Uttar Pradesh and Another, a single judge bench of Justice Gita Gopi in its July 16 judgment said, "Judicial Magistrate do have power to order...

Family Conversations Secretly Recorded By Wife To Prove Domestic Violence And Cruelty Admissible In Evidence: Gujarat High Court

The Gujarat High Court has recently ruled that family conversations secretly recorded by a wife to substantiate her claims of domestic violence and cruelty against the husband, his family are admissible as evidence, adding that in "family matters" all such documents become admissible regardless of their relevance or if they can be proved as per the Indian Evidence Act.In doing so, the high...

Not State Under Article 12, Not Doing Public Duty: Aided Minority Schools To Gujarat HC In Plea Against Centralised Recruitment Of Teachers

Various linguistic and religious minority schools told the Gujarat High Court on Monday that even though they are given aid by the government, it would not make them 'State' as understood under Article 12 of the Constitution of India as they are not carrying out any public duty. A division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi was hearing a batch of petitions moved...

Rajkot Gaming Zone Fire: Gujarat High Court Issues Notice On Surat-Based Game Zone's Plea Challenging Closure

The Gujarat High Court Monday issued a notice on a Surat-based gaming zone's plea against its closure by the authorities following the TRP Game Zone fire in Rajkot which resulted in the death of 27 people earlier in May.A single judge bench of Justice Sangeeta K. Vishen issued notice to the respondents including the state government and the Surat Municipal Corporation and listed the matter...

Gujarat High Court Dismisses Maulana Mufti Salman Azhari's Plea Against PASA Detention

The Gujarat High Court has dismissed a petition filed by Maulana Mufti Salman Azhari challenging his detention under the Prevention of Anti-Social Activities Act (PASA). The Court ruled that despite Azhari's claims of not being given a proper opportunity to make a representation under Article 22(5) of the Constitution of India, the detention order was valid.The division bench comprising...

[Rajkot Gaming Zone Fire] Amusement Rides Used By Youngsters, Making Them Aware Of Safety Rules Would Be Beneficial: Gujarat High Court

While hearing a plea pertaining to a fire which occurred at a gaming zone in Rajkot earlier this year, the Gujarat High Court Friday called for spreading awareness of the model rules concerning the safety of the public using amusement rides and gaming zones, especially among “young people”.A division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi was hearing a...

Minority Institutions' Right Of Administration Must Be Balanced With Principles Of Public Employment: Gujarat High Court

The Gujarat High Court on Thursday orally remarked that even in cases of public employment in minority institutions, the right of the institution to administer has to be balanced with the basic principles of selection in public employment such as transparency and uniformity.A division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi was hearing a batch of petitions moved...

[Indian Succession Act] Surety Only Required For Issuing Letters Of Administration, Not For Issuance Of Probate Of Will: Gujarat High Court

The Gujarat High Court has ruled that furnishing surety and bond is not required for the issuance of probate to the executors of a Will. This requirement is only necessary for the issuance of letters of administration. The division bench of Justices Biren Vaishnav And Nisha M. Thakore observed, “Looking to the provisions of the Indian Succession Act, the provision for submission of surety...

Violates Our Fundamental Rights: Minority Schools To Gujarat HC On Amendment Enabling State To Regulate Recruitment Of Teachers, Principals

Linguistic and religious minority schools told the Gujarat High Court on Tuesday that the 2021 amendments to the Gujarat Secondary and Higher Secondary Education Act applying a centralised process of recruiting teachers and principals in such schools, violates their fundamental rights under the Constitution of India.Appearing for certain petitioner schools, senior advocate Mihir Thakore...