Gujarat High Court Updates & Judgments

Gujarat High Court

Gujarat High Court Allows Passport Renewal Of Minor Children Of Single Mother Without Father’s NOC

The Gujarat High Court allowed a petition filed by a single mother challenging the refusal to renew her minor children’s passports due to the absence of their father’s no-objection certificate.

Referring to Section 4(3) of Schedule II of the Passport Rules, 1980, the Court held that a separated or divorced single parent is competent to apply for a minor’s passport.

The Bench noted that the parties’ divorce had been finalised under Section 13B of the Hindu Marriage Act and that they had entered into an MoU governing custody.

Accordingly, the Court directed the Regional Passport Officer to treat the petitioner as a single parent and renew the passports promptly.

Read Details / 10 days ago

KhushaliBookmark

First-Class Prisoner Status, Jail Transfer Pleas by Shweta Bhatt Dismissed: Gujarat High Court

The Gujarat High Court dismissed petitions filed by Shweta Bhatt, wife of former IPS officer Sanjiv Bhatt, seeking directions to grant him “first-class prisoner” status and transfer him from Rajkot Central Jail.

Justice H.D. Suthar held that the pleas were “devoid of any merit,” noting that the medical concerns raised were based on general apprehensions without credible reports or complaints from Bhatt himself.

The Court also cited the state’s submission that Bhatt, aged 61, maintains a rigorous three-hour exercise routine. Relying on Supreme Court precedents, the Court observed that prisoner classification cannot be based on “social status or mode of living” but only on legal parameters like remission eligibility.

Read Details / 13 days ago

MamiraBookmark

President of NCLT Cannot Transfer Cases Beyond Territorial Jurisdiction : Gujarat High Court

The Gujarat High Court has held that the President of the National Company Law Tribunal (NCLT) lacks authority to alter territorial jurisdiction while transferring matters between benches.

The Court clarified that under Rule 16(d) of the NCLT Rules, 2016, the President may only order transfers within the same territorial limits, not across them.

The Court held that such transfers must conform to the Companies Act 2013's statutory jurisdiction and territorial bounds, clarifying that this ruling addressed only legal questions, leaving factual determinations to the NCLT.

[Arcelor Mittal v NCLT]

16 days ago

YashashviBookmark

Gujarat High Court Flags Traffic Violations by Two-Wheelers in Ahmedabad

The Gujarat High Court expressed concern over two-wheelers in Ahmedabad violating traffic rules, including riding on the wrong side and jumping signals.

The Court directed the Gujarat State Legal Services Authority to survey key city roads post-Diwali, focusing on illegal parking near shops, restaurants, and party venues, as well as wrong-lane driving, and to submit a report by November 12.

The Court observed that despite regulatory efforts, two-wheeler traffic violations continued unabated.

The Bench discharged senior advocate Bhaskar Tanna from assisting as amicus, observing that the authorities were already complying with earlier directions.

[Mustak Hussain Mehndi Hussain Kadri v. Jagdeep Narayan Singh]

Read Details / 24 days ago

Khushi jainBookmark

Gujarat High Court Issues New Guidelines to Ease Filing and Defect-Correction Process

The Gujarat High Court has issued revised instructions to simplify case-filing and defect-correction procedures after concerns were raised by lawyers.

According to the October 9 notification, if a petition contains overwriting or corrections, advocates or parties may file a draft amendment to obtain a filing or stamp number.

They can also state the number of delay days and give an undertaking to supply typed copies of illegible documents.

The new procedure replaces the September 15 notification, shifting approval of minor corrections from the Registrar Judicial to the court. These directions apply retrospectively from September 15, 2025.

30 days ago

PrakshaalBookmark

Gujarat High Court Allows Charges Against Converts Who Induce Others to Change Religion

The Gujarat High Court has ruled that individuals who convert to a new religion and subsequently influence others to do the same can be charged with a prima facie offence.

The case involved three men who, after converting from Hinduism to Islam, allegedly persuaded 100 Hindus in Bharuch’s Amod region to convert by offering incentives such as housing, food, cash, and employment.

The Court emphasised that prior conversion does not exempt individuals from accountability if they coerce or allure others into changing their religion. The accused face charges under various provisions, including the Gujarat Freedom of Religion Act, 2003.

[Varyava Abdul Vahab Mahmood vs State Of Gujarat].

Read Details / 30 days ago

KratiBookmark

GHCAA Seeks CJI’s Intervention, Requests Transfer of Gujarat High Court Chief Justice

The Gujarat High Court Advocates’ Association (GHCAA) wrote to Chief Justice of India B.R. Gavai, seeking the transfer of Chief Justice Sunita Agarwal.

The letter raised concerns over delays in the registry’s clearance of filings, following a September instruction to prevent overwriting in case files.

This directive reportedly led to the misplacement of original documents, causing difficulties for both lawyers and litigants.

The GHCAA requested that the CJI grant members of the Committee a personal audience to discuss the matter and find a constructive resolution, emphasising the need to ensure the smooth functioning of the court and safeguard the interests of litigants and advocates.

Read Details / a month ago

KhushaliBookmark

Gujarat High Court: Contractors Must Approach State Tribunal, Not Arbitral Act, for Municipal Disputes

The Gujarat High Court has held that contractors in dispute with the municipality must approach the tribunal established under the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992, instead of the procedure provided under the Arbitration and Conciliation Act, 1996.

The Bench noted that the State Act is a special law and therefore prevails over the general 1996 Act.

The decision came amid a surge in pending municipal contract disputes, clarifying that the Court cannot intervene where a specific statutory mechanism exists for resolution.

[GPC Infrastructure Limited v Gandhinagar Municipal Corporation]

a month ago

KhushaliBookmark

Gujarat High Court Orders Release of Woman Held Indefinitely in Shelter Home Against Her Will

The Gujarat High Court has directed the immediate release of a woman who was detained indefinitely in a shelter home against her will, emphasising that such confinement violates fundamental rights to liberty and dignity.

The Gujarat High Court has said that while a magistrate has the power to pass an order to protect the safety of a woman who had lodged a rape complaint, and send her to a shelter home after she refused to go to her own home, she cannot be kept there indefinitely against her will.

The court condemned the authorities' failure to conduct periodic reviews of her status and ordered the state to ensure her safe reintegration into society with the necessary support.

Read Details / a month ago

YashashviBookmark

Gujarat High Court Refuses to Quash Case Against Lawyer for Revealing Minor’s Identity in POCSO Case

The Gujarat High Court declined to quash a criminal case against a lawyer who disclosed the identity of a minor victim during a media interview in a POCSO matter.

Justice Nirzar S Desai condemned the lawyer’s conduct as “absolutely irresponsible,” highlighting her professional duty to protect the victim’s privacy. The court noted the lawyer influenced the victim to speak on social media and stressed that a thorough investigation is needed.

The Court rejected arguments of inadvertent mistake or non-cognizable offence and held that being an advocate does not exempt the lawyer from investigation. The FIR invokes Section 23(4) of the POCSO Act and Section 74(3) of the Juvenile Justice Act.

a month ago

MalavikaBookmark

Gujarat High Court Adjourns Bail Plea of Asaram Bapu in Rape Case to September 26

The Gujarat High Court has adjourned the regular bail plea of Spiritual Guru Asaram Bapu, who was convicted in a 2013 rape case till September 26.

Previously, the Rajasthan High Court had dismissed the interim bail plea of the convict in a separate case and had directed him to surrender by August 30.

Earlier this month, a plea for extension of temporary bail was also brought before the Gujarat High Court, keeping in mind the applicant's health concerns.

The Guru had allegedly raped a woman several times at his ashram between 2001 and 2006. He is currently serving a life sentence for raping a 16-year-old girl in 2018.

[Ashumal@ Asharam v State of Gujarat & Anr.}

a month ago

KhushaliBookmark

Gujarat High Court Says ‘Celebrities Aren’t Above the Law’, Holds Yusuf Pathan Liable for Land Encroachment

The Gujarat High Court has held former cricketer and present MP, Yusuf Pathan, guilty of land encroachment on public property.

The dispute originated in 2012 when Pathan acquired a plot next to his bungalow by constructing a boundary wall citing security reasons, while his application for a lease for 99 years was still being considered by the municipal authorities and the State government.

The Court rejected Pathan's plea, concluding that he had no right to take possession of the land and that there was no proof on record to show that he was granted any such right.

The Court emphasised that celebrity status does not warrant leniency, cautioning that overlooking such conduct sends a wrong societal message.

[Yusuf Pathan v State of Gujarat and Anr.]

Read Details / a month ago

KhushaliBookmark

Gujarat High Court Sets 45-Year Minimum Age for Senior Advocate Designation

The Gujarat High Court has issued new rules for conferring the designation of senior advocate, fixing the minimum age at 45 and requiring at least 20 years of legal practice.

Alongside, the Court now requires that Senior Advocate candidates mentor and maintain at least 2 to 3 young lawyers who have under 3 years of practice.

The changes further ban senior advocates or sitting judges from being mentioned or endorsing candidates in their applications.

Further, candidates must not have been convicted by any court, found guilty of offences involving moral turpitude, or held in contempt of court. They must also have no record of disciplinary action by the Bar Council of Gujarat or the Bar Council of India.

Official Notification / a month ago

YashashviBookmark

Gujarat High Court Reviews Pollution Control Measures for Ambaji Padyatra

The Gujarat Pollution Control Board has briefed the High Court about the procedures it has implemented to manage waste and promote eco-friendly practices during the Ambaji Padyatra, which is undertaken by devotees to the Ambaji Temple in Banaskantha.

The GPCB said that it has distributed 10,000 reusable steel bottles in exchange for over 1 lakh used plastic ones, installed cloth bag vending machines and reverse vending machines for collecting plastic bottles.

The Court was dealing with a PIL highlighting the non-disposal of plastic waste in the vicinity of the temple on the Girnar Hill in Junagadh, which is deemed to be an eco-sensitive zone.

[Amit Manibhai Panchal v State of Gujarat and Ors.]

a month ago

KhushaliBookmark

Gujarat High Court: Foreign Divorce Decree Cannot Dissolve Hindu Marriage Solemnised in India

The Gujarat High Court has held that a divorce decree passed by a foreign court cannot dissolve a Hindu marriage solemnised in India under the Hindu Marriage Act, 1955.

The bench ruled that only Indian courts have jurisdiction over matrimonial disputes involving Hindu marriages. It set aside the family court’s finding that an Australian court’s divorce decree was valid and conclusive, which had left no cause of action for the wife to approach the Ahmedabad family court.

Allowing the appeals, the High Court affirmed that foreign courts cannot adjudicate such matters.

Read Details / 2 months ago

YashashviBookmark

Enroll Now!