Gujarat High Court Updates & Judgments

Gujarat High Court

Gujarat High Court: Separation Deed Cannot Override Mother’s Child Custody Rights up to Age 5

The Gujarat HC ruled that a Hindu mother’s right to custody of her child up to five years old cannot be defeated by a settlement deed between parents.

The case involved a mother whose daughter had lived with her since the couple’s separation. The father later took the child without formal consent, prompting the mother’s habeas corpus petition.

The HC held that the father’s unilateral action was unjustified. For granting custody of young children, child welfare and continuity of care should be prioritised over informal agreements.

The court ordered that the minor be restored to the mother’s custody, allowing the father to pursue formal custody orders in the appropriate court.

[Kinjal D/O Hareshkumar Panchal v. State Of Gujarat & Ors.]

Read Details / 3 hours ago

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Gujarat High Court: Denial of Job to Unmarried Woman on Marriage Assumption Violates Articles 14, 16

The Gujarat High Court held that denying appointment to an unmarried woman on the assumption that she may marry and relocate is arbitrary and violative of Articles 14 and 16 of the Constitution.

Justice Maulik J. Shelat described the case as a “classic example of outright favouritism.”

The Court partly allowed a plea by Sangada Hansaben Malabhai, who challenged the 2018 appointment of a less meritorious candidate as Administrator-cum-Cook in Dahod district. Finding manipulation in the merit list prepared by the Mamlatdar, Taluka Jhalod, the Court quashed the appointment.

It directed authorities to verify the petitioner’s degree certificate and, if genuine, appoint her strictly on merit within one month.

Read Details / a day ago

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Gujarat High Court: Homeopathy Graduates Admitted Under Court Protection Entitled to Recognition, Licences

The Gujarat High Court held that students who completed their Homeopathy course under court protection cannot be denied degree recognition or practice licences due to pending disputes between colleges and regulators.

Justice Nirzar S Desai said students should not suffer even if the main petitions fail later. The Court was hearing pleas by Parul University against the Ministry of AYUSH over refusal to extend approval for 2016-17 despite favourable inspections.

Noting interim orders in 2016 and 2019 had permitted admissions, the Court directed authorities to issue Letters of Permission and licences as if granted earlier.

It imposed ₹25,000 costs on each petitioner to the High Court Legal Services Committee, clarifying relief is limited to students.

[Parul University v. UOI & Ors.]

Read Details / 6 days ago

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Supreme Court Dismisses Appeals in Actress Prathyusha Death Case, Upholds Abetment Conviction

The Supreme Court of India has dismissed appeals in the 23-year-old death case of Telugu/Tamil actress Prathyusha, ruling out allegations of murder and rape.

A Bench of Justices Rajesh Bindal and Manmohan held that consistent eyewitness accounts and medical evidence established death by poisoning. The Court noted that Prathyusha and her boyfriend, Gudipalli Siddhartha Reddy, had consumed poison amid opposition to their relationship, though Reddy survived.

Rejecting the defence of accidental intake, the Court found Reddy guilty of abetment to suicide for procuring the poison and directed him to surrender within four weeks.

It also termed the postmortem conducted by Dr. Muni Swamy unprofessional.

[Gudipalli Siddharta Reddy v. State (C.B.I.)]

Read Details / 9 days ago

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Gujarat High Court Quashes Human Rights Commission Proceedings in Private Property Dispute

The Gujarat High Court quashed proceedings initiated by the State Human Rights Commission in a family property dispute over agricultural land in Gandhinagar.

The Court held that a claim for a share in property cannot be treated as a human rights violation under the Protection of Human Rights Act, 1993.

It observed that the dispute was already pending before a civil court and involved private parties, and that the Commission had exceeded its jurisdiction by issuing summons and warrants.

The Court also laid down guidelines to prevent jurisdictional overreach and parallel proceedings in civil matters.

[Mahendra Shanabhai Patel & Ors. v. The District Magistrate & Ors.]

Read Judgment / 10 days ago

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Gujarat HC Upholds Reinstatement of Assistant Librarian, Says UGC Norms Don’t Apply to Non-Teaching Posts

The Gujarat High Court dismissed Gujarat Vidhyapith’s appeal against a Single Judge order setting aside the termination of an Assistant Librarian after nearly 18 years of service.

The Court held that UGC regulations do not apply to non-teaching posts and said the University could not rely on the lack of UGC approval to justify termination.

It observed that the employee had fulfilled the prescribed qualifications at the time of appointment and that raising objections after 17-18 years was unsustainable.

The Court upheld directions to grant back wages and retiral benefits.

[Gujarat Vidhyapith v. Raxaben Anilkumar Patel & Anr.]

Read Details / 10 days ago

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Gujarat High Court: No Concept of Ancestral Property or Birthright Under Muslim Law

The Gujarat High Court rejected a Muslim woman’s plea for a share in her father’s ancestral estate, holding that the concept of ancestral property and right by birth is wholly alien to Muslim law.

The plaintiff had sought a declaration and injunction over ancestral property, claiming entitlement under general inheritance principles.

The Court observed that under Muslim law, ancestral or coparcenary rights do not exist and succession is governed by fixed shares as per religious law.

It held that mere birth in a family does not confer a right to ancestral property in Muslim law and dismissed the suit.

[Yusufbhai Walibhai Patel & Ors. v. Zubedaben Abbasbhai Patel & Ors.]

Read Judgment / 12 days ago

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No Complete Proposal Pending for Gujarat HC Bench at Surat: Centre in Rajya Sabha

The Central government informed the Rajya Sabha that no complete proposal is currently pending for setting up a bench of the Gujarat High Court at Surat.

The clarification was given in reply to a query regarding the establishment of an additional bench of the Gujarat High Court, whose principal seat functions from Ahmedabad.

The Minister of State for Law and Justice stated that the establishment of High Court benches follows the recommendations of the Jaswant Singh Commission.

He explained that any such proposal must be comprehensive and include the Governor’s consent, the recommendation of the Chief Justice of the concerned High Court, and a commitment from the State government to provide required expenditure and infrastructure.

13 days ago

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Gujarat High Court Issues Contempt Notice to Party-In-Person for Remarks Against Courts

The Gujarat High Court issued a notice to a party-in-person petitioner asking him to explain why contempt proceedings should not be initiated, holding that his remarks were made with the intention of lowering the dignity of courts.

The case arose from a petition filed by a Surat-based litigant seeking directions over alleged illegal constructions near the Surat airport, during which he made derogatory statements against the Supreme Court, the High Court and a Magistrate, including seeking judicial “training” for the Magistrate.

The Court held that such conduct amounted to contempt, directed issuance of notice under the Contempt of Courts Act, and ordered the hearing video to be placed on record.

Read Details / 18 days ago

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Gujarat High Court Stays Conciliation Officer’s Notice in Parents’ Maintenance Case

The Gujarat High Court has stayed a notice issued by a conciliation officer to a chartered accountant in a maintenance claim filed by his parents, holding that the officer lacked jurisdiction under the law.

The parents had approached the authorities under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, after which the matter was transferred to a conciliation officer who issued the notice.

The petitioner argued that only a duly constituted maintenance tribunal, presided over by an officer of the prescribed rank, could issue such directions.

Accepting the prima facie contention, the Court granted an interim stay on the notice and sought a response from the conciliation officer.

Read Details / 26 days ago

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Pujari Has No Proprietary Rights Over Temple Property; Cannot Claim Adverse Possession: Gujarat High Court

The Gujarat High Court refused a second appeal filed by a pujari against removal of an illegally constructed temple on land belonging to a private owner.

The suit arose after the landowner found that a temple was being built at the entrance of her plot and an inauguration card had been circulated.

The Court said a pujari is only a servant of the deity and does not gain any proprietary or possessory rights over temple property.

The Court held that adverse possession could not be claimed by a servant and upheld the order directing removal of the unauthorized construction.

[Rameshbhai Umakant Sharma v. Ashaben Kamleshkumar Modi & Ors.]

Read Order / a month ago

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Gujarat High Court Dismisses Plea Alleging Insult to Baloch Community in Film Dhurandhar

The Gujarat High Court dismissed a petition challenging allegedly offensive dialogue against the Baloch community in the film Dhurandhar.

The matter arose after members of the Baloch community alleged that a line spoken by Sanjay Dutt portrayed their community negatively and amounted to hate speech, seeking directions against the filmmakers and the Central Board of Film Certification.

During the hearing, the filmmakers informed the Court that the disputed dialogue had already been muted in the final version of the film.

Recording that the primary grievance no longer survived, the Court held the writ petition to be infructuous and dismissed it without further directions.

Read Details / a month ago

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Gujarat High Court Seeks Explanation on Injuries Found on Minor Labourer in Alleged Rape-Death Case

The Gujarat High Court directed the police to clarify certain injuries noted in the post-mortem report of a deceased minor girl, whose father has sought an independent probe into her alleged rape and death while working as a labourer in Gujarat.

The Court asked for medical opinions on marks described in the post-mortem and ordered investigation of a person linked to alleged witchcraft practices.

The matter was adjourned to January 21 for further updates on the cause of death and related investigations.

a month ago

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Gujarat High Court Designates Four New Senior Advocates

The Gujarat High Court has designated four lawyers as Senior Advocates following a Full Court decision taken on January 8.

The newly conferred Senior Advocates are Amar Niranjan Bhatt, Apurva Sharad Vakil, Megha Bhupendra Jani, and Mitul Kirit Shelat.

Megha Jani is the only woman among the four.

Notably, the High Court has recently introduced a minimum age criterion of 45 years for Senior Advocate designation, marking a significant step in regulating the process.

Read Details / a month ago

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HC Can’t Reappreciate Evidence in Revision Under Section 29(2) of Bombay Rent Act: Gujarat High Court

The Gujarat High Court held that its revisional jurisdiction under Section 29(2) of the Bombay Rent Act is strictly supervisory and does not permit reappreciation of evidence or substitution of findings.

Justice JC Doshi clarified that the High Court can interfere only in cases of manifest legal or jurisdictional error that is apparent on the record.

The provision is not a second appeal and is meant to ensure quick finality of rent disputes by limiting interference with concurrent factual findings.

[Shantaben v. Vinubhai Gandabhai Patel]

Read Judgment / a month ago

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