Gujarat High Court Weekly Roundup: July 25 - July 31, 2022

Madyahan Bhojan Yojna Karmachari Sangh V/S State Of Gujarat 2022 LiveLaw (Guj) 283

State Of Gujarat V/S Raib Jusab Sama Musalman 2022 LiveLaw (Guj) 284

Sailesh Shantilal Lunavia V/S Carborandum Universal Limited 2022 LiveLaw (Guj) 285

State Of Gujarat - For & On Behalf Of R N Joshi, Food Inspec V/S Ilesh Himmatlal Bhuptani & 3 other(s) 2022 LiveLaw (Guj) 286

Rameshbhai Bhagwanbhai Jadav Versus The State Of Gujarat & 1 other 2022 LiveLaw (Guj) 287

State Of Gujarat V/S Laxmanbhai @ Lakhabhai Pratapbhai Thakor & 2 other(s) 2022 LiveLaw (Guj) 288

The New India Assurance co. Ltd v/s Thakor Kanaji Viraji 2022 LiveLaw (Guj) 289

Rayma Adham Sela Versus State Of Gujarat 2022 LiveLaw (Guj) 290

Vijaybhai Mansibhai Khavada (Khartani) V/S State Of Gujarat 2022 LiveLaw (Guj) 292

M/S. Overseas healthcare pvt. Ltd. V/s state of Gujarat 2022 LiveLaw (Guj) 293

Universal Hospital A1 Ain Llc V/S M/S Yes Bank Limited 2022 LiveLaw (Guj) 294

Anilsinh Laghubha Jadeja V/S State Of Gujarat 2022 LiveLaw (Guj) 295

Sunil Kumar Agarwal v Insolvency and Bankruptcy Board of India (IBBI) 2022 LiveLaw (Guj) 296

Gopalbhai Naranbhai @ Narubhai Bhagubhai Ratadiya V/S State Of Gujarat 2022 LiveLaw (Guj) 297

M/S. Mahee Cotex v/s Central Bank Of India, authorised officer 2022 LiveLaw (Guj) 298

Jamnagar municipal corporation v/s Avdhesh Kishor Bhai Solanki 2022 LiveLaw (Guj) 299

Power Grid Corporation of India Limited. V/s Manojbhai Dashrathbhai Patel 2022 LiveLaw (Guj) 300

ORDERS/JUDGMENTS OF THE WEEK

Gujarat High Court Dismisses Plea Against Outsourcing Work & Administration Of 'Mid Day Meal' Scheme

Case Title: Madyahan Bhojan Yojna Karmachari Sangh V/S State Of Gujarat

Citation: 2022 LiveLaw (Guj) 283

The Gujarat High Court dismissed a petition against outsourcing the work and administration of the Mid Day Meal Scheme to private players.

A single bench of Justice Biren Vaishnav observed that the objective of Resolution dated 09.11.1984, which first introduced the concept of Mid Day Meal Schemes in the schools run under the State Primary Schools, was to provide nutritional support to students of the primary stage in villages and in areas of Municipal Corporations. At that point, the government was considering a proposal to hand over the implementation of the Scheme to Non Government Organizations on pilot basis.

'No Iota Of Evidence': Gujarat High Court Upholds Acquittal Of Man Accused Of Counterfeiting Currency Worth ₹2000 In 1995

Case Title: State Of Gujarat V/S Raib Jusab Sama Musalman

Citation: 2022 LiveLaw (Guj) 284

The Gujarat High Court has declined to overturn the order acquitting Respondent who was accused of counterfeiting currency notes while noting that 'no iota of evidence' came on record to point out the guilt of the Respondent-Accused.

The Bench comprising Justice SH Vora and Justice Rajendra Sareen concluded that no incriminating evidence was available against the Accused and that merely based on a Transfer Warrant, the Accused had been implicated in the case.

Industrial Disputes Act Is Social Welfare Legislation: Gujarat High Court Directs Labour Court To Re-Examine Order Refusing 'Interest' To Workers

Case Title: Sailesh Shantilal Lunavia V/S Carborandum Universal Limited

Citation: 2022 LiveLaw (Guj) 285

While reiterating that Courts have a duty to interpret statutes with social welfare to further the statutory goal, the Gujarat High Court has directed the Labour Court at Jamnagar to re-examine the issue of awarding interest to the Petitioner workmen.

The Petitioners had submitted that there is no discussion on the issue as to why the interest was not awarded to them.

Justice Biren Vaishnav had taken up both Special Civil Applications for the final hearing and relied extensively on Manager, Naaz Cinema Vs. Vasantben Rameshbhai Ghumadiya w/d of Rameshbhai Raijibhai Ghumadiya [2011(2) G.L.H.523] adjudicated by the Division Bench of the Gujarat High Court.

Food Adulteration Act | Statutory Procedure For Drawing Samples Is Mandatory: Gujarat High Court Refuses To Reverse Acquittal

Case Title: State Of Gujarat - For & On Behalf Of R N Joshi, Food Inspec V/S Ilesh Himmatlal Bhuptani & 3 other(s)

Citation: 2022 LiveLaw (Guj) 286

The Gujarat High Court has upheld the order of acquittal in a matter involving offences under Sections 2(ia)(a)(f)(m) and Section 7(1)(5) and Section 16(1) of the Prevention of Food Adulteration Act, 1954.

The Bench comprising Dr Justice Ashokkumar Joshi found that the Sanitary Inspector while collecting the sample of soji had failed to seal the product in a wooden box and had not made three parts of the 600 grams of samples which was mandatory under Rule 14 and Sec 16(b) of the Act.

Una Flogging Case 2016: Gujarat HC Grants Bail To 4 Accused, Orders State To Make Appropriate Arrangements For Conclusion Of Trial

Case title - Rameshbhai Bhagwanbhai Jadav Versus The State Of Gujarat & 1 other

Citation: 2022 LiveLaw (Guj) 287

The Gujarat High Court granted regular bail to four key accused in the July 2016 Una Dalig Flogging case. This is the first time in the last six years that the court has granted bail to the accused in the case.

The court observed that the accused have already served nearly six years of imprisonment, and there has been little progress in the trial of the case. The accused were allegedly a part of a group of cow vigilantes who attacked some Dalit men for skinning a dead cow in Una on July 11, 2016.

Oral Dying Declaration Which Is Reliable & Not Controverted By Defence Is Admissible In Evidence: Gujarat High Court

Case Title: State Of Gujarat V/S Laxmanbhai @ Lakhabhai Pratapbhai Thakor & 2 other(s)

Citation: 2022 LiveLaw (Guj) 288

In a significant decision, the Gujarat High Court has made it clear that a dying declaration cannot be said to be inadmissible merely because it was given orally. A single bench of Dr. Justice Ashokkumar Joshi observed that an "oral dying declaration" given by the deceased, which is not controverted by the defence in cross-examination, is admissible in evidence.

Holding thus, the High Court allowed the State's appeal and overturned the decision of the Sessions Court acquitting the husband and in-laws of the deceased for abetting her to commit suicide by harassment for dowry.

Motor Accident Claims Tribunal Can Recall Its Own Order If Claimant Plays Fraud: Gujarat High Court

Case Title: the new india assurance co. Ltd v/s thakor kanaji viraji

Citation: 2022 LiveLaw (Guj) 289

The Gujarat High Court has made it clear that when a party before the Motor Accident Claims Tribunal, in this case claimant, plays a fraud with the Tribunal, the Tribunal is empowered to recall its order by which it granted relief.

Justice Gita Gopi observed,

"The review application would survive having fallen under Order 47(1) of CPC since it was an error apparent on the face of record. Even otherwise, as it was urged of fraud by the driver and owner, the Tribunal had power to recall its own order."

Gujarat High Court Upholds Acquittal Of Man Accused Of Forging Records To Grab Land Vacated After Migration Of Owners To Pakistan In 1971

Case Title: Rayma Adham Sela Versus State Of Gujarat

Citation: 2022 LiveLaw (Guj) 290

The Gujarat High Court has upheld an order of trial court acquitting one Rayma Adham Sela accused of forging documents to show himself as the legal heir of original landowners who migrated to Pakistan in the year 1971-72.

A Bench comprising Justice SH Vora and Justice Rajendra Sareen was told that after the original owners of the land and house left for Pakistan, the accused created false, fabricated and concocted affidavits and entered their names in the revenue records by committing offence of cheating and forgery.

Article 21| 'Right To Life Extends To Foreign Nationals': Gujarat HC Permits Canadian Woman To Undergo Kidney Transplant Without Domicile Certificate

Citation: 2022 LiveLaw (Guj) 291

Relying on the Apex Court's judgment in Chairman Railway Board and Ors. vs. Chandrima Das and Ors., (2000) 2 SCC 465, Justice AS Supehia of the Gujarat High Court has reiterated that the right to live includes the right to live with human dignity, and the term 'person' used in Art 21 extends to citizens and foreign nationals, alike.

The High Court made these remarks in the background of a petition by an ailing Canadian woman who was being denied a kidney transplant basis the lack of a Domicile Certificate. The Respondent authorities were insisting upon the woman first obtain a Domicile Certificate in order for her to undertake the necessary procedure for kidney transplantation.

Powers U/S 482 CrPC To Be Exercised Sparingly, Particularly When Section 302 Is Involved: Gujarat High Court

Case Title: Vijaybhai Mansibhai Khavada (Khartani) V/S State Of Gujarat

Citation: 2022 LiveLaw (Guj) 292

Justice Niral R Mehta of the Gujarat High Court has declined to exercise its extraordinary jurisdiction under Section 482 of CrPC to quash the FIR particularly, when the offence of Sec 302 was involved.

Justice Mehta relied on M/s. Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and other 'celebrated judgements' of the Supreme Court to conclude that the power of quashing FIR should be exercised sparingly, with circumspect, in the 'rarest of rare cases'.

State Action Not Amenable To Writ Jurisdiction In Contractual Setting: Gujarat High Court

Case Title: M/S. Overseas healthcare pvt. Ltd. V/s state of gujarat

Citation: 2022 LiveLaw (Guj) 293

The Gujarat High Court has observed that when the State or its instrumentality enters into a contract with a contractor or bidder, they would be governed by the terms of the contract and ordinarily both the parties would be governed by the law that governs the terms and conditions of the contract. It added, that in such circumstances, the acts of the State would not be amenable to the writ jurisdiction.

The Bench comprising Chief Justice Aravind Kumar and Justice Ashutosh Shastri held thus while dismissing the writ petition filed the Petitioner, a manufacturer in the healthcare sector having entered into a contract with the State for supply of certain medicine, challenging the Risk Purchase Recovery Orders issued by the Gujarat Medical Services (Respondent No. 2).

Yes Bank Is A Private Entity, Not Amenable To Writ Jurisdiction: Gujarat High Court

Case Title: Universal Hospital A1 Ain Llc V/S M/S Yes Bank Limited

Citation: 2022 LiveLaw (Guj) 294

The Gujarat High Court has held that Yes Bank Ltd is a private bank and is not amenable to writ jurisdiction under Article 226 of the Constitution.

A single bench of Justice Vaibhavi D. Nanavati observed that private financial institutions, carrying commercial activities or business would not come under the scope of 'State' as defined under Article 12, although, they are performing public duties. It highlighted that such that private financial institutions do not receive any financial assistance from the Government and and no state protection is offered to such institutions.

Court Can Interfere With Preventive Detention Order At "Pre-Execution Stage" If Based On Vague, Extraneous Grounds: Gujarat High Court

Case Title: Anilsinh Laghubha Jadeja V/S State Of Gujarat

Citation: 2022 LiveLaw (Guj) 285

The Gujarat High Court has reiterated that preventive detention orders can be interfered with at pre-execution stage, i.e., before the person accused is detained, if the said order is passed on vague, irrelevant grounds.

The Petitioner had filed the instant application since he apprehended being detained under Prevention of Anti-Social Activities Act (PASA Act) on the pretext of the FIRs for offences punishable under Sections 65AE, 81 and 98(2) of Prohibition Act. He primarily contested that his alleged activity did not affect the maintenance of public adversely.

Gujarat High Court Stays IBBI's Order Requiring Resolution Professional To Undergo Pre-Registration Educational Course From IPA

Case Title: Sunil Kumar Agarwal v Insolvency and Bankruptcy Board of India (IBBI)

Citation: 2022 LiveLaw (Guj) 296

The Gujarat High Court, Ahmedabad Bench, comprising of Justice A.S. Supehia, while adjudicating a writ petition in Sunil Kumar Agarwal v Insolvency and Bankruptcy Board of India (IBBI), has stayed the order passed by the Disciplinary Committee of IBBI against the Resolution Professional, requiring the latter to undergo pre-registration educational course from the IPA of which he is a member. The next date of hearing is 09.09.2022.

S.226 - 228 CrPC Meant To Ensure Expeditious Disposal Of Criminal Case, Parties Must Not Indulge In Dilatory Tactics: Gujarat High Court

Case Title: Gopalbhai Naranbhai @ Narubhai Bhagubhai Ratadiya V/S State Of Gujarat

Citation: 2022 LiveLaw (Guj) 287

The Gujarat High Court has dismissed a revision petition seeking reconsideration of application filed by Petitioner-Accused under Section 227 CrPC for discharge from a murder and assault case.

The Bench comprising Justice Samir Dave noted that the charge and framing of charge have been deferred time and again due to several applications moved by the petitioner along with co-accused which ultimately prolonged the trial. It observed,

"Present petition is nothing but a delaying tactic as the application seems to have been deferred on several occasions, whereas the co-accused seem to have been assassinating and languishing in the prison wherein the charge till date has not been framed or followed by the commencement of the trial due to several applications moved by the petitioner...The very purpose and the object of following the provisions of Sections 226 to 228 of the Cr.P.C. is to ensure the expeditious disposal of the Sessions Case so that the accused is discharged if there is not sufficient material against him or he can be tried quickly by following the due procedure laid down under Chapter-28 of the Cr.P.C."

Remedies Under SARFAESI Act Are Expeditious & Effective: Gujarat High Court Declines Writ Petition Against Rejection Of Early Hearing By DRT

Case Title: m/s. Mahee cotex v/s central bank of india, authorised officer

Citation: 2022 LiveLaw (Guj) 288

The Gujarat High Court has declined to exercise its writ jurisdiction under Article 226 in a petition challenging order of the Debt Recovery Tribunal which rejected Petitioner's application for preponement of hearing, fearing dispossession from property.

Justice Vaibhavi D. Nanavati observed that the remedies available to an aggrieved person under the SARFAESI Act are both expeditious and effective and thus court must refrain from exercising its writ jurisdiction in such matters.

Workman In Continuous Service For Years Without Any Break Can't Be Denied Benefit U/S 25F ID Act Merely Because Of Contractual Engagement: Gujarat HC

Case Title: Jamnagar Municipal Corporation V/S Avdesh Kishorbhai Solanki

Citation: 2022 LiveLaw (Guj) 289

The Gujarat High Court has held that a workman cannot be denied the benefit of Section 25F of the Industrial Disputes Act which prescribes conditions precedent to retrenchment merely because he is engaged on contract basis, given that he rendered continuous services for several years, without any break.

In this light, Justice AY Kogje dismissed the petition filed by the Jamnagar Municipal Corporation challenging the award of the Labour Court which directed reinstatement of one such contractual workman, whose services were the terminated due to outsourcing of contract work.

Telegraph Act | Suit Over Insufficiency Of Compensation Maintainable In Civil Court: Gujarat High Court

Case Title: power grid corporation of india limited. V/s manojbhai dashrathbhai patel

Citation: 2022 LiveLaw (Guj) 300

The Gujarat High Court recently ruled that under the Indian Telegraph Act, 1885, determination of full compensation to the aggrieved can be done by the civil court if the dispute is regarding the insufficiency of compensation paid under Section 10(d) of the Act.

Justice Umesh Trivedi found that such claims need not be filed before the District Judge as contended by the petitioner authority, particularly since it had not paid full compensation in the case.

"Once there is no payment of full compensation, there is no question of directing a person to approach District Judge by way of application against insufficiency of compensation. For non-payment of compensation under all heads of damages conceivable, remedy lies before the civil Court. Here in this case, no such compensation is even contemplated by the petitioner - defendant and they are satisfied with payment made towards cutting of trees and damage to standing crops."