Gujarat High Court Weekly Round Up: May 30 To June 5, 2022

Subhashchandra Sanatan Mallik Through Babita Subhashchandra Mallik V/S State Of Gujarat 2022 LiveLaw (Guj) 187

Darshan Bipinbhai Trivedi Versus State Of Gujarat 2022 LiveLaw (Guj) 188

Mehulkumar Ramanlal Katpara Versus State Of Gujarat 2022 LiveLaw (Guj) 189

Symphony Limited Versus Raj Cooling System Private Limited 2022 LiveLaw (Guj) 190

Ranjeetsinh Gambhirsinh Jadeja V/S Agriculture Produce Market Committee 2022 LiveLaw (Guj) 191

Minor Mohit Shankarbhaai Vaghela Through Tejal Shankarbhai Vaghela V/S State Of Gujarat 2022 LiveLaw (Guj) 192

Tejal Pareshbhai Pathak W/O Chirag Prabhashankar Trivedi V/S State Of Gujarat 2022 LiveLaw (Guj) 193

Pravinsinh Jhala V/S State Of Gujarat & 3 Other(S) 2022 LiveLaw (Guj) 194

Nirmal Jagmohan Sharma Versus High Court Of Gujarat & 1 Other(S) 2022 LiveLaw (Guj) 195

ORDERS/JUDGMENTS OF THE WEEK

Offences Under Drugs & Cosmetics Act & Medical Practitioner Act Can't By Itself Bring Detenu Under Gujarat Prevention Of Anti-Social Activities Act: High Court

Case Title: Subhashchandra Sanatan Mallik Through Babita Subhashchandra Mallik V/S State Of Gujarat

Case Citation: 2022 LiveLaw (Guj) 187

The Gujarat High Court while allowing the petition against the order of detention of the Petitioner has held that offences under Section 27 of the Drugs and Cosmetics Act and Sections 30 and 35 of the Gujarat Medical Practitioner Act by itself cannot bring the detenu within the fold of the Gujarat Prevention of Anti-Social Activities Act, 1985.

Not Necessary To Gain Journalism Experience From Govt Company For Appointment As Class II Assistant Director Of Info At State's I&B Dept: Gujarat HC

Case Title: Darshan Bipinbhai Trivedi Versus State Of Gujarat

Case Citation: 2022 LiveLaw (Guj) 188

The Gujarat High Court has made it clear that the Assistant Director of Information (Journalism) Class II Recruitment Rules, 2015 nowhere stipulate that Journalism experience necessarily has to be from a government organization for appointment to the post of Assistant Director of Information (Journalism) Class II.

"Nowhere does Recruitment Rule stipulate that it has to be in only a government or local body or a government undertaking board or the Corporation or a Company. This would amount to restrictive reading of the Rule and, therefore, it cannot be said that the respondent No.3 does not possess the requisite experience," Justice Biren Vaishnav observed.

Gujarat High Court Orders Regularization Of Multi-Purpose Health Workers Engaged In Contractual Service

Case Title: Mehulkumar Ramanlal Katpara Versus State Of Gujarat

Case Citation: 2022 LiveLaw (Guj) 189

Ensuring that no discrimination is borne by Multi-Purpose Health Workers (Male), the High Court held that they shall be entitled to regular pay scale from their original date of appointment and consequential benefits which were paid to similarly situated employees way back in the year 2011 and 2016.

Justice Biren Vaishnav referred to previous orders of the High Court by wherein Multi-Purpose Health Workers were regularised while observing:

"Multi Purpose Health Worker (Male) who have worked continuously for so many years cannot be discriminated by taking one excuse or the other. There is no rationale in discriminating the present petitioners by treating them as employees on contractual basis when initial contract for which they were appointed is over after 11 months and thereafter, without any break, they are continued for all these years. This is particularly so, when clear cut finding has been recorded by co-ordinate Bench of this Court in Special Civil Application No.6289 of 2011 and respondents were party in these proceedings."

Symphony Coolers: Gujarat High Court Issues Consent Decree Pursuant To Settlement Of Dispute Over Infringement Of Air Cooler Design

Case Title: Symphony Limited Versus Raj Cooling System Private Limited

Case Citation: 2022 LiveLaw (Guj) 190

The High Court passed a consent decree in terms of a settlement arrived between renowned Symphony coolers and Raj Cooling System Pvt Ltd in connection with a suit for permanent injunction instituted under the Designs Act, 2000.

The suit was filed by Symphony Ltd. alleging infringement of the Designs Act by the Respondent company, alleging that the latter has been selling their product of air cooler having model name ALLWYN AC201 and ALLWYN AC203, whose is similar to Symphony's design vide registration no. 288184.

Limitation Act Inapplicable To Contempt Proceedings: Gujarat High Court Refuses To Condone 389 Days Delay

Case Title: Ranjeetsinh Gambhirsinh Jadeja V/S Agriculture Produce Market Committee

Case Citation: 2022 LiveLaw (Guj) 191

The High Court held that the provisions of the Limitation Act, 1963 do not apply to contempt proceedings. In this light, it refused to entertain a contempt petition filed with a delay of over 1 year.

A Bench comprising Chief Justice Aravind Kumar and Justice Ashutosh Shastri noted that as per Section 20 of the Contempt of Courts Act, proceedings for contempt cannot be initiated by a Court, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed

Gujarat High Court Grants Bail To 16-Yr-Old Accused Of Committing Unnatural Sex With 13-Yr-Old

Case Title: Minor Mohit Shankarbhaai Vaghela Through Tejal Shankarbhai Vaghela V/S State Of Gujarat

Case Citation: 2022 LiveLaw (Guj) 192

The Gujarat High Court granted bail to a 16 years old boy, accused of forcibly committing unnatural sex (sodomy) with a minor boy, aged about 13 years.

Keeping in view Section 12 of the Juvenile Justice Act, a Bench of Justice Samir Dave granted bail to the accused while restraining him from entering the society where the alleged victim resides. In doing so, the Bench allowed the criminal revision application filed under Section 102 of the JJ Act to quash the order passed by the Sessions Court and the JJ Board, refusing bail.

Gujarat High Court Says Young Children Need Love Of Both Parents, Asks DLSA To Attempt Conciliation Between Estranged Couple

Case Title: Tejal Pareshbhai Pathak W/O Chirag Prabhashankar Trivedi V/S State Of Gujarat

Citation: 2022 LiveLaw (Guj) 193

While emphasizing on the paramount welfare of children in custody matters and observing that young children need love and warmth of both the parents, the Gujarat High Court recently directed the District Legal Service Authority to attempt conciliation between an estranged couple.

"We would also request the Chairperson, Rajkot District Legal Service Authority to also attempt to bring about the permanent solution between the parties, as according to us, such solution will be quite beneficial. After once the Chairperson undertakes this exercise and if he finds the need for continuity of the process, he will be at liberty to relegate the parties to professional counselors or anyone he deems appropriate," a bench comprising Justice Sonia Gokani and Justice Mauna Bhatt ordered.

Reasonable Connection Between Concerned Act & Performance Of Official Duty Necessary For Public Servant To Avail Benefit Of S.197 CrPC: Gujarat HC

Case Title: Pravinsinh Jhala V/S State Of Gujarat & 3 Other(S)

Citation: 2022 LiveLaw (Guj) 194

The High Court reiterated that when a government servant is accused of a criminal offence, there has to be a reasonable connection between the act concerned and the performance of his official duty for him to claim that there is need of sanction to prosecute under Section 197 of CrPC.

Holding thus, Justice Nikhil S. Kariel dismissed the applications filed by members of the Police Force, challenging an order passed by the Magistrate taking cognizance of a complaint against them and issuing process under Section 204 of CrPC for the offences punishable under Sections 325, 323 and 114 of IPC.

'Stipulations In Advertisement Are Exclusive Domain Of Authority': Gujarat High Court Refuses To Permit a Rajasthan Civil JudgeTo Apply For Gujarat Civil Judge Post

Case title - Nirmal Jagmohan Sharma Versus High Court Of Gujarat & 1 Other(S)

Citation: 2022 LiveLaw (Guj) 195

Citing the limited scope of judicial review with Courts to interfere with stipulations in recruitment advertisements which is the exclusive domain of the executive authority, the Gujarat High Court has dismissed the petition filed by a Civil Judge from Rajasthan seeking the appointment to the post of Civil Judge in Gujarat.