Gujarat High Court Updates & Judgments

Gujarat High Court

Gujarat HC To Hear Baloch Community Plea Against Alleged Hate Speech Dialogue In Certified Film Dhurandhar

The Gujarat High Court will hear a petition filed by members of the Baloch community objecting to a dialogue in the CBFC-certified film Dhurandhar.

The petitioners allege that a particular line delivered by a character amounts to hate speech and unfairly stereotypes the community, and have sought legal action against the film’s director, Aditya Dhar.

They have prayed for modification of the CBFC certificate and a restraint on the film’s exhibition, broadcast or streaming unless the impugned dialogue is permanently deleted or muted.

The plea also seeks a fresh review by the CBFC to ensure compliance with constitutional safeguards. The matter is listed for hearing on Wednesday.

Read details / 16 hours ago

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Gujarat High Court: Fire Safety Inspection Must Precede De-Sealing Of Sealed Educational Institution

The Gujarat High Court has directed an educational institution sealed for lacking a fire safety NOC to first undergo a fire safety inspection before any consideration of de-sealing.

Taking note of student safety concerns and the upcoming examination schedule, the Court asked the managing trust to apply afresh for inspection under the applicable fire safety rules.

It directed the Ahmedabad Fire Officer to conduct the inspection within one week and place a report on record.

The Court permitted limited access to the premises only for essential administrative work, clarifying that this would not amount to relaxation of the sealing order.

[Vivekanand Education Foundation v. State of Gujarat & Ors.]

Read Details / 2 days ago

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Gujarat High Court Holds Institute for Plasma Research Is ‘State’ Under Article 12

The Gujarat High Court has held that the Institute for Plasma Research qualifies as “State” under Article 12 of the Constitution of India.

The Full Bench noted that the Institute is a statutory body created under the Atomic Energy Act, is fully funded by the Government, and performs public functions through research and development for societal benefit.

The Court found that the Department of Atomic Energy exercises deep and pervasive control over the Institute, including issuing binding directions.

Applying the principles laid down in Ajay Hasia v Khalid Mujib Sehravardi, the Court concluded that the Institute satisfies the constitutional tests to be treated as “State.”

[Dr Indranil Bandyopadhyay v. Institute for Plasma Research & Ors.]

Read Details / 6 days ago

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Court Fee Mandatory For Proceedings Before Gujarat Waqf Tribunal: Gujarat High Court

The Gujarat High Court has held that payment of court fees is mandatory for cases filed before the Gujarat State Waqf Tribunal.

Justice JC Doshi held that applications under Section 83 of the Waqf Act, 1995, are essentially civil in nature, despite being termed as “applications” and not “suits.”

The Court noted that the Waqf Tribunal exercises powers of a civil court under the CPC, making the Gujarat Court Fees Act applicable.

Upholding the rejection of 133 cases for non-payment of requisite court fees, the Court found no legal infirmity in the Tribunal’s decision.

[Sunni Muslim Idgah Masjid Trust v. Hardik Sitaram Patel & Anr.]

Read Details / 6 days ago

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Gujarat High Court: Tripling on Two-Wheeler Not Contributory Negligence Without Evidence

The Gujarat High Court held that triple riding on a two-wheeler does not by itself amount to contributory negligence unless supported by evidence showing a causal connection with the accident.

Modifying a Motor Accident Claims Tribunal order, the Court noted that negligence cannot be presumed merely from a traffic violation.

Since the charge sheet and evidence fixed responsibility on the bus driver, the Court ruled him solely negligent.

The Court set aside the Tribunal’s finding of 10% contributory negligence on the deceased and enhanced the compensation payable to the claimants, directing the transport corporation to deposit the additional amount with interest.

[Legal Heirs of Mayurbhai Jesingbhai Dhuda v. Gujarat State Road Transport Corporation]

7 days ago

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Gujarat High Court Issues Notice on PIL Over Illegal Sale of Edible Oil in Reused Containers

The Gujarat High Court has issued notice on a PIL alleging that edible oils are being illegally packaged and sold in reused tin containers, posing serious risks to public health.

The petition, filed by a consumer protection body, claimed that discarded tins are being repurposed by sellers despite a complete ban under the Food Safety and Standards Act and the 2011 Packaging and Labelling Regulations.

The Court asked the Union and State governments to file their responses and took note of photographs showing the alleged violations.

The matter will be heard next on January 22, 2026.

[All India Consumer Protection and Action Committee v. Union of India & Ors.]

12 days ago

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Gujarat High Court Holds AI-Based IT Services Supplied to US Firm Are ‘Export’ and Not ‘Intermediary’

The Gujarat High Court held that software consultancy, AI-powered IT infrastructure support, content creation, and customer assistance services provided by an Indian company to its US-based parent entity amount to export of services under GST law.

The Court said the company supplied services on its own account and did not arrange or facilitate transactions between two separate parties, and therefore could not be classified as an intermediary.

The Court observed that the consideration was received in foreign currency and the services were consumed outside India, satisfying export conditions.

The decision grants the assessee related GST benefits.

[ABC India Pvt Ltd v. Union of India]

14 days ago

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Gujarat High Court Affirms Fixed Pay Rights for Part-Time Staff Working Four Hours

The Gujarat High Court upheld the Single Judge’s direction granting consolidated fixed pay of ₹14,800 to a part-time employee who worked four hours daily, interpreting the State’s 2019 Circular to include those working a minimum of four hours.

The Court rejected the State’s contention that the benefit applies only to those working “more than four hours,” holding that the language of the circular clearly covers employees meeting the four-hour threshold.

The Court clarified, however, that part-time workers putting in less than four hours per day are not entitled to the fixed pay. Finding no infirmity in the Single Judge’s reasoning, the appeal was dismissed.

[Deputy Director, Animal Husbandry & Anr v State of Gujarat & Anr]

30 days ago

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Gujarat High Court Revives Tax Revision Plea of Alzheimer’s Patient

The Gujarat High Court revived a revision petition filed under Section 264 of the Income-tax Act by an 82-year-old woman who failed to submit her return for AY 2017–18 due to Alzheimer related ailments.

The authority had rejected her plea by invoking Section 139, holding that the delay could not be condoned.

The Court held that the revisional jurisdiction under Section 264 is meant to remedy hardship and should not be denied on technical grounds, particularly when the petitioner’s medical condition was undisputed.

The Court set aside the rejection order and remanded the matter for fresh consideration in accordance with the law.

[Shushilaben Jayantibhai Patel v Principal Commissioner of Income Tax Vadodara–1 & Anr]

Read Details / a month ago

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Husband Seeks Divorce Alleging Wife’s Obsession With Stray Dogs: Gujarat High Court

The Gujarat High Court heard a man’s appeal seeking divorce on grounds of mental cruelty, alleging that his wife’s extreme obsession with stray dogs had made their marriage intolerable.

The petitioner claimed that his wife kept over fifteen stray dogs at home, prioritised their care over family responsibilities, and created unhygienic conditions affecting domestic harmony.

He contended that the trial court erred in rejecting his plea and wrongly assumed he shared affection for the animals. The husband argued that his wife’s conduct, though seemingly compassionate, amounted to neglect and emotional distress within the marriage, warranting dissolution on grounds of cruelty.

Read Details / a month ago

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Private Hospitals Liable To Pay VAT On Supply Of Medicines & Implants To In-Patients: Gujarat High Court

The Gujarat High Court has held that private hospitals must pay Value Added Tax (VAT) on the supply of medicines, implants, professional consumables, and related goods provided to in-patients, ruling that such transfers constitute a "deemed sale."

A Division Bench of Justices Bhargav D. Karia and D. N. Ray observed that after the 46th Constitutional Amendment, the definition of “works contract” under Article 366(29A) of the Constitution was broadened to cover composite transactions including transfer of goods with services

The Court dismissed the petition, stating that the hospitals’ supply of such goods during treatment involves ownership transfer for consideration and is therefore taxable.

a month ago

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Gujarat Lawyers Urge High Court to Remove Stray Dogs from Court Premises

The Gujarat High Court Advocates’ Association (GHCAA) has sought the intervention of the Gujarat High Court to remove stray dogs from the court campus, citing safety concerns for lawyers, litigants, and court staff.

In a formal letter, the Association’s President highlighted repeated incidents of barking, chasing, and potential dog bites within the premises, stressing the need for immediate preventive measures.

The plea emphasised the importance of maintaining a safe and dignified environment in judicial institutions. The Court, addressing broader concerns over stray animal control, directed State authorities to identify and fence sensitive institutions and public spaces within two weeks to prevent such risks.

[Gujarat High Court Advocates’ Association v State of Gujarat]

Read Details / a month ago

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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 / a month ago

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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 / a month ago

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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]

2 months ago

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