Gujarat High Court Case Commentaries

Section 12 JJ Act Bail Primacy: CrPC Bail Standards Excluded; Denial Requires Recorded Reasons and Consideration of Child-Specific Reports (Under-16 CCL)

Date: Apr 7, 2026

Section 12 JJ Act Bail Primacy: CrPC Bail Standards Excluded; Denial Requires Recorded Reasons and Consideration of Child-Specific Reports (Under-16 CCL) Case: RIYASAT MUSTAKIM KHAN v. STATE OF...

Primacy of Section 12 JJ Act Bail: Gravity of Offence Not a Standalone Ground to Detain a Child Below 16; Social Investigation & Bullying Context Must Guide “Ends of Justice”

Date: Apr 3, 2026

Primacy of Section 12 JJ Act Bail: Gravity of Offence Not a Standalone Ground to Detain a Child Below 16; Social Investigation & Bullying Context Must Guide “Ends of Justice” Case: MINOR MUSEB MEHTAB...

Revisional Review of Discharge: Courts Must Confine to Charge‑Sheet Material and Avoid a “Mini‑Trial”

Date: Mar 31, 2026

Revisional Review of Discharge: Courts Must Confine to Charge‑Sheet Material and Avoid a “Mini‑Trial” Case: YUSUFBHAI JIVANBHAI PATEL @ MAHENDRABHAI JIVABHAI VASAVA v. STATE OF GUJARAT Court: Gujarat...

Foundational Proof First: Section 106 Burden in Matrimonial Custodial Strangulation and Forensic Rejection of “Partial Hanging” Defence

Date: Mar 26, 2026

Foundational Proof First: Section 106 Burden in Matrimonial Custodial Strangulation and Forensic Rejection of “Partial Hanging” Defence Case: PARESHBHAI SHANKERBHAI TAVIYAD v. STATE OF GUJARAT Court:...

Visitation/Interim Custody Orders Must Be Prayer-Based, Child-Centric, and Cannot Flow from a Mere Pursis

Date: Mar 24, 2026

Visitation/Interim Custody Orders Must Be Prayer-Based, Child-Centric, and Cannot Flow from a Mere Pursis 1) Introduction In MANSIBEN W/O DHARMENDRABHAI KESHAVJIBHAI GHETIYA D/O BHAGVANJIBHAI...

Dismissal in Minority Schools: Termination Must Be by the “Manager” (Office-Holder) and Cannot Be Effected Through Ad-hoc Authorisation of a Non-Office Bearer

Date: Mar 21, 2026

Dismissal in Minority Schools: Termination Must Be by the “Manager” (Office-Holder) and Cannot Be Effected Through Ad-hoc Authorisation of a Non-Office Bearer Case: THE TRUSTEE, AHMEDABAD JESUITS...

Unconstitutionality of Section 497 IPC Bars Continuation of Pending Adultery Prosecutions (No Prospective Saving)

Date: Mar 17, 2026

Unconstitutionality of Section 497 IPC Bars Continuation of Pending Adultery Prosecutions (No Prospective Saving) 1. Introduction The Gujarat High Court in MANSUKHBHAI DHANJIBHAI MAKWANA v. STATE OF...

English Passed as an Additional 10+2 Subject Treated as Meeting “English Compulsory” Eligibility; Fence-Sitter and Delay Objections Limited Where Delay is Condoned and Candidate is PwD

Date: Mar 17, 2026

English Passed as an Additional 10+2 Subject Treated as Meeting “English Compulsory” Eligibility; Fence-Sitter and Delay Objections Limited Where Delay is Condoned and Candidate is PwD 1....

Standard Rent Applications as “Pleadings” Amenable to Order VII Rule 11 CPC; Post‑2001 Construction Exemption Bars Section 11(3) Remedies (Gujarat)

Date: Mar 4, 2026

Standard Rent Applications as “Pleadings” Amenable to Order VII Rule 11 CPC; Post‑2001 Construction Exemption Bars Section 11(3) Remedies (Gujarat) 1. Introduction The Gujarat High Court (J.C. Doshi,...

Custodial Torture Convictions Require Proof of Custody-Linked Injury and Contemporaneous Magisterial/Medical Corroboration

Date: Feb 25, 2026

Custodial Torture Convictions Require Proof of Custody-Linked Injury and Contemporaneous Magisterial/Medical Corroboration Case: STATE OF GUJARAT v. SHABBIRHUSEIN SHEKHADAM KHANDVAWALA Court: Gujarat...

Section 63AA Certification is Administrative: Technical Rejection is Not on Merits and Permits a Fresh Application

Date: Feb 24, 2026

Section 63AA Certification is Administrative: Technical Rejection is Not on Merits and Permits a Fresh Application 1. Introduction In ADVANCE GREENFIELD PVT LTD THROUGH ITS DIRECTOR SURENDRAKUMAR...

Family Pension to Widow: Unregistered Nikahnama/Absence of Nomination Cannot Defeat a Proven (and Admitted) Marriage

Date: Feb 21, 2026

Family Pension to Widow: Unregistered Nikahnama/Absence of Nomination Cannot Defeat a Proven (and Admitted) Marriage Case: FARZANABANU MOHAMMADHANIF SHAIKH WD/O MOHAMMADHANIF ABDULSAMAD SHAIKH v....

Habeas Corpus for a Near-Major Minor: Protective Custody in a Children Home Until 18 When the Corpus Refuses Parental Return

Date: Feb 17, 2026

Habeas Corpus for a Near-Major Minor: Protective Custody in a Children Home Until 18 When the Corpus Refuses Parental Return 1. Introduction The Gujarat High Court in BHANGI ANILBHAI GOVABHAI v....

Appellate Use of Unexhibited Public Documents Produced by the Plaintiff & Limits of Second Appeal Interference under Section 100 CPC

Date: Feb 12, 2026

Appellate Use of Unexhibited Public Documents Produced by the Plaintiff & Limits of Second Appeal Interference under Section 100 CPC Case: PIRZADA SAIYED BAHAUDDIN B. KADRI(SINCE DECD.THRO HEIRS &...

Presumption of Knowledge and Litigant Vigilance in Restoration/Delay Condonation: Counsel-Blame and “Online Availability” Not a Sufficient Cause

Date: Feb 10, 2026

Presumption of Knowledge and Litigant Vigilance in Restoration/Delay Condonation: Counsel-Blame and “Online Availability” Not a Sufficient Cause 1. Introduction The Gujarat High Court in LR OF SARDAR...

Unsanctioned Transfer of Reserved-Forest Settlement Land: No Protectable Possession Against the State (S.53A TPA Inapplicable)

Date: Jan 24, 2026

Unsanctioned Transfer of Reserved-Forest Settlement Land: No Protectable Possession Against the State (S.53A TPA Inapplicable) 1) Introduction This Gujarat High Court decision in RAMBHAI MADHUBHAI...

UGC Non-Role in Non-Teaching Appointments: Belated Termination and Recovery by a Deemed University Held Unsustainable

Date: Jan 20, 2026

UGC Non-Role in Non-Teaching Appointments: Belated Termination and Recovery by a Deemed University Held Unsustainable 1) Introduction This Letters Patent Appeal (Clause 15) before the Gujarat High...

Human Rights Commissions Cannot Entertain Predominantly Private Civil/Property Disputes Unless State Action Discloses a Cognizable Human Rights Violation

Date: Jan 16, 2026

Human Rights Commissions Cannot Entertain Predominantly Private Civil/Property Disputes Unless State Action Discloses a Cognizable Human Rights Violation 1. Introduction In MAHENDRA SHANABHAI PATEL...

DNA Evidence Requires a Proved Chain of Custody; “Last Seen” and Extra‑Judicial Confession Cannot Substitute a Complete Circumstantial Chain (Acquittal in a Death Reference)

Date: Jan 14, 2026

DNA Evidence Requires a Proved Chain of Custody; “Last Seen” and Extra‑Judicial Confession Cannot Substitute a Complete Circumstantial Chain (Acquittal in a Death Reference) Gujarat High Court STATE...

Reaffirmation that Party-in-Person Submissions in Gujarat High Court Must Be in English and Committee May Refuse Competency Certificate for Lack of English Proficiency

Date: Jan 13, 2026

Reaffirmation that Party-in-Person Submissions in Gujarat High Court Must Be in English and Committee May Refuse Competency Certificate for Lack of English Proficiency 1) Introduction In SANJAYBHAI...