Gujarat High Court
Father Not Protecting Married Daughter Who Comes Back Home Alleging Abuse By Husband Can Lead Her To Commit Suicide: Gujarat High Court
The Gujarat High Court has observed that when a married woman returns to her parental home alleging abuse by her husband, the failure of her parents, particularly her father, to protect her at that stage may also contribute to her decision to commit suicide. The Court made this observation while setting aside the conviction of a husband under Sections 498A (cruelty by husband) and 306...
Minor Accident Victim Who Underwent Amputation Can't Be Awarded 'Token' Damages: Gujarat High Court Enhances Compensation To ₹21.19 Lakh
The Gujarat High Court has enhanced compensation awarded to a minor accident victim from ₹8.77 lakh to ₹21.19 lakh, holding that the Motor Accident Claims Tribunal erred in applying a notional income, under-assessing functional disability, and awarding inadequate non-pecuniary damages.A Single Judge Bench of Justice Hasmukh D. Suthar was hearing a first appeal filed by Umiya Nitingar...
Working Mother Leaving Child With Her Parents Not Illegal Detention, Habeas Corpus Can't Bypass Custody Proceedings: Gujarat High Court
The Gujarat High Court has held that a working mother's decision to leave her minor daughter with her own parents for care and upbringing does not amount to illegal confinement and cannot be challenged in a habeas corpus plea, particularly in the absence of any custody order or pending custody proceedings.A Division Bench of Justice N.S. Sanjay Gowda and Justice D.M. Vyas was hearing a...
Admission In Employer's Written Statement Sufficient To Prove Employment Relationship Under Workmen's Compensation Act: Gujarat High Court
The Gujarat High Court quashed an order rejecting a compensation claim by the kin of a deceased worker holding that a clear admission made by the employer in a written statement filed before the authority is sufficient to establish existence of an employer–employee relationship under the Workmen's Compensation Act. In doing so the court observed that strict proof as per Indian Evidence Act...
Advocate's Clerk Can Be A Valid Attesting Witness To Will: Gujarat High Court
The Gujarat High Court has held that the mere fact that an attesting witness to a Will is employed as a clerk with an advocate appearing in the matter cannot, by itself, render the witness unreliable or the Will suspicious, particularly when such witness has been examined by the very party seeking to challenge the Will. Justice J.C. Doshi was hearing an appeal filed by Mahesh Natubhai Gamit...
Municipality Cannot Benefit Private Party At Cost Of State; Disposal Of Public Property Must Be In Public Interest & Free From Bias: Gujarat HC
The Gujarat High Court has held that the State and municipal authorities cannot act in a manner that benefits a private party at the cost of public property, and that any such action would be unreasonable and contrary to public interest. The Court observed that public authorities are bound by the doctrine of public trust and cannot alienate municipal land in an arbitrary manner.A Single...
'Lowered Dignity Of Institution': Gujarat High Court Issues Contempt Notice To Litigant Claiming Courts Disregard SC Orders
The Gujarat High Court issued contempt notice to a litigant who had claimed that the general opinion was while Supreme Court passes orders and shows proactiveness to address public safety issues, other constitutional courts "flagrantly disregard the law". The court was hearing a plea by Vishwas Sudhanshu Bhamburkar, who appeared as party-in-person, challenging Magistrate Court's order...
Gujarat High Court Monthly Digest: January 2026
Citation: 2026 LiveLaw (Guj) 1 to 2026 LiveLaw (Guj) 31NOMINAL INDEXMilacron India Private Limited v/s The Assessment Unit, Income Tax Department & Ors. 2026 LiveLaw (Guj) 1Shree Ukai Pradesh Sahakari Khand Udyog Mandali Ltd. Union of India & Ors. 2026 LiveLaw (Guj) 2Swagat Infrastructure Private Limited v/s The Deputy Commissioner of Income Tax Central Circle 1(4), Ahmedabad 2026...
Young Men Languishing In Jail As Laws Don't Approve Relationship With Girls Below 18 Yrs Even If Just Friendly: Gujarat High Court
The Gujarat High Court has quashed an order convicting two men of kidnapping a girl observing that they were 'good samaritans' who had helped her but instead landed up in jail, adding that many young men were languishing in jail because of stringent laws which don't approve relations with the girls below 18 years even if it is friendly.The court was hearing appeals filed by two young men,...
Agreement To Sell Doesn't Create Rights Over Reserved Forest Land: Gujarat High Court Dismisses 22-Year-Old Appeal
The Gujarat High Court has held that an agreement to sell in respect of land forming part of Government forest land does not create any right, title, or interest, and that possession claimed on the basis of such an agreement cannot be protected against the State.Justice J. C. Doshi dismissed a second appeal filed under Section 100 of the Code of Civil Procedure back in 2004, affirming...
Gujarat High Court Imposes ₹1 Lakh Costs On ASI For Delaying Compensation To Dholavira Farmers, Orders Recovery From Erring Officers
The Gujarat High Court imposed Rs. 1 Lakh cost on Archaeological Survey of India for suppressing material facts pertaining to execution proceedings concerning compensation order granted by trial court to farmers of Dholavira village in Kutch whose land was acquired by the authority. The court expressed its dissatisfaction with the authority observing that "despite acquiring the land more than...
Pujari Has No Proprietary Right Over Temple Land, Can't Claim Adverse Possession: Gujarat High Court
The Gujarat High Court dismissed a temple priest's appeal against an order rejecting his claim for adverse possession over the religious structure situated on a public access road, holding that a priest had no proprietary right over the land was only "servant to a deity" and thus could not make such a claim. Justice JC Doshi was hearing a dispute which arose from a civil suit filed by...