Gujarat High Court Case Commentaries

Interim Bar on Sealing Pending Time-Bound Decision on Change-of-Use Applications by Housing Authorities

Date: Jan 10, 2026

Interim Bar on Sealing Pending Time-Bound Decision on Change-of-Use Applications by Housing Authorities 1. Introduction In ROHIT VALLABHABHI VASANI v. STATE OF GUJARAT & ORS. (Gujarat High Court,...

Charitable-Trust-Funded Treatment Not Payable as “Medical Expenses” to Claimants; Consortium Payable Per Dependant per Pranay Shethi

Date: Jan 9, 2026

Charitable-Trust-Funded Treatment Not Payable as “Medical Expenses” to Claimants; Consortium Payable Per Dependant per Pranay Shethi 1. Introduction This first appeal under Section 173 of the Motor...

Bail for Peripheral Job-Referral Intermediaries in Overseas “Cyber Slavery” Allegations Post-Charge-sheet: Avoiding Pre-Trial Punishment

Date: Jan 7, 2026

Bail for Peripheral Job-Referral Intermediaries in Overseas “Cyber Slavery” Allegations Post-Charge-sheet: Avoiding Pre-Trial Punishment 1. Introduction The Gujarat High Court (Hon’ble Mr. Justice...

Strict Compliance with Section 12(3)(b): Any Shortfall in Depositing (Interim) Standard Rent by the First Hearing Forfeits Protection from Eviction

Date: Jan 6, 2026

Strict Compliance with Section 12(3)(b): Any Shortfall in Depositing (Interim) Standard Rent by the First Hearing Forfeits Protection from Eviction 1. Introduction The Gujarat High Court (J.C. Doshi,...

Section 12 JJ Act as a Rule of Mandatory Bail for Juveniles, Even in Serious/POCSO Allegations, Unless the Proviso is Specifically Attracted

Date: Dec 31, 2025

Section 12 JJ Act as a Rule of Mandatory Bail for Juveniles, Even in Serious/POCSO Allegations, Unless the Proviso is Specifically Attracted 1) Introduction This decision of the Gujarat High Court...

Regular Bail Post-Charge-sheet in Citizenship/Passport-Linked Allegations When Flight Risk is Neutralised

Date: Dec 25, 2025

Regular Bail Post-Charge-sheet in Citizenship/Passport-Linked Allegations When Flight Risk is Neutralised 1. Introduction The order in BIPLOB S/O NIHAR RANJAN HALDAR v. STATE OF GUJARAT (Gujarat High...

Statutory DRP Remedy Cannot Be Defeated by Misfiling Objections: Fresh Limitation from Refiling Before the Faceless Assessing Officer

Date: Dec 23, 2025

Statutory DRP Remedy Cannot Be Defeated by Misfiling Objections: Fresh Limitation from Refiling Before the Faceless Assessing Officer 1. Introduction In MILACRON INDIA PRIVATE LIMITED v. THE...

Mutual Consent Divorce: Family Court Should Not Reject Section 13B Petition for Want of Waiver Application Without Granting Opportunity; Cooling-off Period is Directory

Date: Dec 23, 2025

Mutual Consent Divorce: Family Court Should Not Reject Section 13B Petition for Want of Waiver Application Without Granting Opportunity; Cooling-off Period is Directory 1) Introduction The Gujarat...

Rarest of Rare, Not Automatic Death: Gujarat High Court’s Sentencing Framework for Child Rape under Section 376AB IPC and POCSO

Date: Dec 16, 2025

Rarest of Rare, Not Automatic Death: Gujarat High Court’s Sentencing Framework for Child Rape under Section 376AB IPC and POCSO 1. Introduction The decision of the Gujarat High Court in State of...

Financial Crisis/Closure Is Not “Sufficient Cause” for Long-Lapsed Restoration: Vigilance Required in CESTAT Appeals

Date: Dec 12, 2025

Financial Crisis/Closure Is Not “Sufficient Cause” for Long-Lapsed Restoration: Vigilance Required in CESTAT Appeals Case: SHREE UKAI PRADESH SAHAKARI KHAND UDYOG MANDALI LTD v. UNION OF INDIA & ORS....

Knowledge-Based Culpable Homicide in High-Speed Road Accidents: Commentary on Tathya Pragneshbhai Patel v. State of Gujarat (Gujarat High Court, 03.12.2025)

Date: Dec 10, 2025

Knowledge-Based Culpable Homicide in High-Speed Road Accidents: Commentary on Tathya Pragneshbhai Patel v. State of Gujarat, Gujarat High Court (03 December 2025) 1. Introduction This judgment of the...

Withdrawal on Redressal After Caste Validation: Liberty to Re-approach for Unadjudicated Prayers and Non-Operation of Prior Order

Date: Dec 10, 2025

Withdrawal on Redressal After Caste Validation: Liberty to Re-approach for Unadjudicated Prayers and Non-Operation of Prior Order Case: DEVIBEN BHIKHABHAI VASH v. STATE OF GUJARAT Court: Gujarat High...

Business Tenancy Succession Under Section 5(11)(c)(ii): “Carrying On With the Tenant at Death” Is Mandatory; Revision Under Section 29(2) Cannot Reappreciate Evidence

Date: Dec 10, 2025

Business Tenancy Succession Under Section 5(11)(c)(ii): “Carrying On With the Tenant at Death” Is Mandatory; Revision Under Section 29(2) Cannot Reappreciate Evidence 1) Introduction The Gujarat High...

Rolling Prohibitory Orders, Publicity Mandate and Safeguards under Section 144 CrPC / Section 163 BNSS and Section 37 Gujarat Police Act: Commentary on Navdeep Mathur v. State of Gujarat

Date: Dec 9, 2025

Rolling Prohibitory Orders, Publicity Mandate and Safeguards under Section 144 CrPC / Section 163 BNSS and Section 37 Gujarat Police Act: Commentary on Navdeep Mathur v. State of Gujarat 1....

No Ownership from Long Possession or Tax Payments: Standing of Encroachers to Challenge Housing Board Eviction – Commentary on Ranjana Mulchandbhai Shitlani v. Gujarat Housing Board

Date: Dec 9, 2025

No Ownership from Long Possession or Tax Payments: Standing of Encroachers to Challenge Housing Board Eviction Commentary on Ranjana Mulchandbhai Shitlani v. Gujarat Housing Board & Ors. Gujarat High...

Bail under Section 483 BNSS and Cyber Hoax Bomb Threats: Commentary on Rene Joshilda Goldwin Joseph v. State of Gujarat

Date: Dec 3, 2025

Bail under Section 483 BNSS and Cyber Hoax Bomb Threats: A Commentary on Rene Joshilda Goldwin Joseph v. State of Gujarat I. Introduction The order in Rene Joshilda Goldwin Joseph v. State of...

Passport Renewal Despite Minor Pending Criminal Case for Overseas Resident: Commentary on Mohasin Sabbir Ahmed Surati v. Union of India

Date: Nov 27, 2025

Balancing Minor Pending Criminal Proceedings with Passport Renewal for Overseas Workers: A Commentary on Mohasin Sabbir Ahmed Surati v. Union of India Court: High Court of Gujarat at Ahmedabad Case...

Loss of Matrimonial Prospects and Empathetic Assessment of Non‑Pecuniary Damages in Motor Accident Claims: Commentary on Jigishaben Maheshbhai Patel v. Sipai Mohammadkhan Rasulkhan

Date: Nov 27, 2025

Loss of Matrimonial Prospects and Empathetic Assessment of Non‑Pecuniary Damages in Motor Accident Claims: A Commentary on Jigishaben Maheshbhai Patel v. Sipai Mohammadkhan Rasulkhan & Ors. 1....

Independent and Reasoned Findings by ICAI Council under Section 21: Commentary on Council of ICAI v. S.N. Valera

Date: Nov 25, 2025

Independent and Reasoned Findings by ICAI Council under Section 21: Commentary on Council of Institute of Chartered Accountants of India v. S.N. Valera 1. Introduction The decision of the Gujarat...

“Immediate” Satisfaction under Section 153C: Gujarat High Court on Time‑Bound Recording Post‑Search in Parag Rameshbhai Gathani v. ITO

Date: Nov 25, 2025

“Immediate” Satisfaction under Section 153C: Gujarat High Court on Time‑Bound Recording Post‑Search in Parag Rameshbhai Gathani v. Income Tax Officer 1. Introduction The Gujarat High Court in Parag...