Gujarat High Court Weekly Roundup: July 22 - July 28, 2024

Nominal Index [Citations: 2024 LiveLaw (Guj) 93-100]

Harunbhai Fakirmahmad Rathod & Ors. Versus State Of Gujarat & Anr. 2024 LiveLaw (Guj) 93

Harsh Ishwarbhai Parmar & Ors. Versus State Of Gujarat 2024 LiveLaw (Guj) 94

Commissioner Of Customs Versus Baburam Harichand 2024 LiveLaw (Guj) 95

Kadarsha Latifsha Saiyed Thro Jamilsha Kadarsha Saiyed vs State Of Gujarat & Anr 2024 LiveLaw (Guj) 96

Babasaheb Ambedkar Open University Versus Abhinav Knowledge Services Private Limited 2024 LiveLaw (Guj) 97

Anjuben Karansinh Dodiya & Ors. Versus State Of Gujarat & Anr 2024 LiveLaw (Guj) 98

LETS JUMP TRAMPOLINE AND ADVENTURE PVT. LTD. v AMIT MANILAL PANCHAL & ORS. 2024 LiveLaw (Guj) 99

Sohanaben Hanifkhan Malek since minor through her guardian Hanifaben Bismillakhan Jatmalik v State of Gujarat & Ors. 2024 LiveLaw (Guj) 100

Judgments/Orders

'Mere Breach Of Contract By One Party Would Not Attract Prosecution For Criminal Offence In Every Case': Gujarat High Court Reiterates

Case Title: Harunbhai Fakirmahmad Rathod & Ors. Versus State Of Gujarat & Anr.

LL Citation: 2024 LiveLaw (Guj) 93

Quashing an FIR arising out of a dispute related to payment of money, the Gujarat High Court has reiterated that a mere breach of contract by one of the parties would not attract criminal prosecution in every case.

Justice Divyesh A Joshi observed, “the question is what the complainant was doing during the interregnum period. Why he kept mum and not instituted any legal proceedings during that period. He had a remedy available with him by filing a civil suit in the competent civil court for specific performance of contract, if there was any breach of condition of the agreement at the end of the applicants.”“mere breach of contract, by one of the parties, would not attract prosecution for criminal offence in every case. The aforesaid factual position thus would reveal that the genesis as also the purpose of instituting the criminal proceedings are nothing but a sheer abuse of process of law to put the applicants herein under fear and further that the dispute involved is essentially of civil nature. A criminal texture is being given to purely a civil dispute.”

Gujarat High Court Grants Bail To Five Congress Workers Arrested In Alleged Stone-Pelting Incident At GPCC Office

Case Title: Harsh Ishwarbhai Parmar & Ors. Versus State Of Gujarat

LL Citation: 2024 LiveLaw (Guj) 94

The Gujarat High Court on Friday granted bail to five Congress workers arrested in a case of stone-pelting at the Gujarat Pradesh Congress Committee (GPCC) office in the Paldi area of Ahmedabad.

The workers—Harsh Parmar, Vimal Pansara, Manish Thakor, Sanjay Barot, and Mukesh Datania—had initially failed to secure bail from the lower court and subsequently filed a petition in the High Court.

Gujarat High Court Upholds SAD Refund For Betel Nuts, Rules No Distinction Between Industrial And Edible Varieties

Case Title: Commissioner Of Customs Versus Baburam Harichand

LL Citation: 2024 LiveLaw (Guj) 95

The Gujarat High Court has upheld the decision of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) allowing the refund of Special Additional Duty (SAD) on betel nuts. The court observed that there is no distinction between industrial grade betel nuts and edible supari.

The division bench comprising Justices Bhargav D. Karia and Niral M. Mehta ruled, “Considering the facts of the case which is not in dispute that there is no distinction between the areca nuts betle nuts as certified under CTH 0802090 of HSN at the time of importation as edible goods which are not suitable for immediate consumption.”“It is also the case of the respondent-assessee that such imported goods were required further processing to make them edible. The Commissioner (Appeals) and the Tribunal has also referred to and relied upon the information available on DGFT website wherein also areca nut and supari has been considered as the same product in the minutes of ALC meeting No. 02/2007 held on 20.4.2006,” the bench added.

Bail Condition Requiring Accused To Appear In Police Station May Lead To Human Rights Abuses, Give Scope Of False Allegations: Gujarat High Court

Case Title: Kadarsha Latifsha Saiyed Thro Jamilsha Kadarsha Saiyed vs State Of Gujarat & Anr

LL Citation: 2024 LiveLaw (Guj) 96

The Gujarat High Court has ruled that conditions requiring an accused to mark his presence at police station could lead to grievances, human rights abuses, and false allegations.

“It is needless to point out that such conditions of marking presence at Police Station would invite many grievances which may also lead to abuse of human rights and may give a scope of false allegations which would lead to multiplicity of proceedings and unverified aspects. Many a times, the CCTV Footage would not be available to the Court to verify the aspect about the authenticity of the claims and counter claims,” Justice Gita Gopi observed.

Petition Under Section 34 Not Maintainable Against Rejection Of Application Under Section 16 By Arbitrator: Gujarat High Court

Case Title: Babasaheb Ambedkar Open University Versus Abhinav Knowledge Services Private Limited

LL Citation: 2024 LiveLaw (Guj) 97

The Gujarat High Court bench of Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee has held a petition under Section 34 of the Arbitration and Conciliation Act, 1996 is not maintainable against the order of rejection of the application under Section 16 challenging challenging the jurisdiction of an arbitrator on the plea of res judicata and bar under Order 2 Rule 2 CPC.

Order 2 Rule 2 addresses the principle of res judicata concerning claims and reliefs that could have been included in an earlier suit but were not.

Gujarat High Court Permits Woman To Become Guardian Of Comatose Husband And Manage His Estate

Case Title: Anjuben Karansinh Dodiya & Ors. Versus State Of Gujarat & Anr

LL Citation: 2024 LiveLaw (Guj) 98

The Gujarat High Court has granted a woman permission to become the guardian of her husband and manage his estate and movable and immovable properties, as he has been in a coma for five years following a head injury.

Justice Sangeeta K. Vishen, presiding over the case, noted, “So far as the medical condition of the patient is concerned, the team of doctors, so also the medical treatment of the hospital where the patient, has taken the treatment, indicates that the patient, is not competent to make and execute any decision. It is also not in dispute that the patient is not in a position to take care of himself and is totally dependent on others.”

Gujarat High Court Nixes Plea By Surat Based Gaming Zone Seeking Modification Of Order Banning All Gaming Zones

Case Title : LETS JUMP TRAMPOLINE AND ADVENTURE PVT. LTD. v AMIT MANILAL PANCHAL & ORS.

LL Citation: 2024 LiveLaw (Guj) 99

The Gujarat High Court recently dismissed a plea moved by a Surat based gaming zone seeking modification of an earlier direction prohibiting the operation of all gaming zones in the state in connection with the TRP Game Zone fire in Rajkot which resulted in the death of 27 people earlier in May.

In an order passed on July 4, division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi observed, “There is no question for modification of the order dated 27.05.2024, inasmuch as, the Corporation is duty bound to ensure that no such gaming zones operate in the State which do not comply with the necessary conditions and requirements for running such activities”.

"No One Can Refuse To Lodge FIR In A Case Like This": Gujarat High Court In PIL Over 14-Yr-Old Boy Allegedly Killed In 'Fake Encounter'

Case title: Sohanaben Hanifkhan Malek since minor through her guardian Hanifaben Bismillakhan Jatmalik v State of Gujarat & Ors.

LL Citation: 2024 LiveLaw (Guj) 100

While disposing of a 2022 public interest litigation (PIL) moved by the sister of a 14-year-boy allegedly killed in a “fake encounter” by Gujarat police officials, the Gujarat High Court Friday orally remarked that in a case like this “no one can refuse to lodge” an FIR.

A division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi was hearing a PIL by one Sohanaben Hanifkhan Malek alleging that on November 6, 2021, her father and her minor brother were allegedly killed in a “fake encounter” by a sub-inspector from Bajana police station in Patdi taluka located in district Surendranagar. The petitioner sought the registration of an FIR into the alleged incident and an independent investigation against the concerned police personnel.

Other Developments

'Sorry State Of Affairs': Gujarat High Court Rebukes State Govt For Only Filling Half Of Police Dept Vacancies Despite Widespread Unemployment

On Thursday, the Gujarat High Court criticized the state government for attempting to fill only half of the vacancies in the police department, questioning the rationale behind the decision amid widespread unemployment.

The division bench, comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi,expressed astonishment over the appointment of a DGP-rank officer as chairman of the police recruitment board on August 17, 2023, despite the board not being constituted at that time.

Loopholes In System Must Be Addressed: Gujarat High Court Slams Traffic Police, Transport Dept For Allowing Operations Of Over-Capacity Vehicles

The Gujarat High Court on Monday issued a stern rebuke to the traffic police and Transport Department for permitting illegal vehicles exceeding their capacity to operate on state and city roads.

The court condemned the authorities for prioritising personal gain and directed the state government to assign responsibility to officials in cases of major road accidents.

To 'Understand Their Situation', Gujarat High Court Directs Amicus, Independent Lawyer To Directly Engage With Morbi Bridge Tragedy Victims

The Gujarat High Court on Tuesday directed the amicus curiae appointed in the Morbi Bridge case, along with an independent lawyer, to engage directly with the victims of the tragedy.

A division bench comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi said, "The amicus, along with another lawyer, will visit them, understand their situation, and prepare a detailed report."

Glue Trap Ban: Gujarat High Court Criticizes State Animal Welfare Board Over Non-Implementation Of Animal Cruelty Prevention Rules

The Gujarat High Court has expressed strong disapproval of the Gujarat State Animal Welfare Board for its failure to effectively implement the provisions of the Prevention of Cruelty to Animals Act, 1960, and the associated Rules, 2001.

The court noted a significant gap in the enforcement of rules aimed at preventing animal cruelty, particularly concerning the use of glue traps and glue boards for catching rodents.

Asiatic Lion Deaths On Railway Tracks: Gujarat High Court Lays Down Preventive Guidelines, Calls For Speed Reduction & Improved Infrastructure

The Gujarat High Court has issued a series of directives following the unnatural deaths of three Asiatic lions on railway tracks in Amreli district. The Court has scheduled a follow-up hearing next month to review the implementation of recommendations by a High-Level Committee.

The division bench comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi,ordered, “After going through the report submitted by the High-Level Committee, we post the matter on 09.08.2024 to place before us for compliance of the recommendations of the Committee in the first phase such as the decision of the Railway Board for improvement of the headlights of locomotives to relax the speed restrictions, the periodic vegetation shredding on both the sides of the railway track, cleaning of vegetation from the underpasses by the railways, reduction of speed of trains as per the recommendation of the Committee.”