HCHIGH COURT REPORT

Gujarat High Court

Recent LawLens analyses from the Gujarat High Court.

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GUJARAT COURT REPORT

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Concurrent findings in ex parte divorce proceedings warrant no interference in second appeal absent perversity.

The respondent-husband instituted H.M.P. No. 18 of 2023 under Sections 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage Act, 1955, alleging mental cruelty and desertion by the appellant-wife.

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Gujarat High Court·

Matrimonial proceedings may be transferred where the wife’s childcare and financial hardship substantially outweigh the husband’s travel burden.

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The Archive

204 ANALYSES · NEWEST FIRST

Gujarat High Court·

Unexplained inordinate delay cannot be condoned merely because similarly situated claimants received relief.

The applicant, a claimant in LAQ Case No. 38 of 2004 concerning acquisition of land in village Lakhvad, sought condonation under Section 5 of the Limitation Act, 1963, of a delay of 6,472 days in filing a First Appeal...

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Gujarat High Court·

Discretionary appointment of a Court Commissioner under Order 26 Rule 9 warrants no Article 227 interference absent perversity.

The respondent instituted Regular Civil Suit No. 14 of 2026 before the Principal Civil Judge, Satlasana, involving a dispute concerning the parties’ land boundaries and construction allegedly made by the petitioner.

3 MIN READ

Gujarat High Court·

Writ petition challenging ₹70,000 labour compensation dismissed without examining merits; all grounds left open.

The respondent-workman had served the petitioner-employer as a watchman for approximately seven years.

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Gujarat High Court·

Mere suspicion from a Suspicious Transaction Report cannot justify reopening without material showing income escapement.

The petitioner, a partner of M/s. Sundaram Landscape LLP and proprietor of M/s. Sundardeep Builders, challenged the show-cause notice issued under Section 148A(1) and the subsequent order under Section 148A(3) of the...

3 MIN READ

Gujarat High Court·

Reassessment cannot rest on mere suspicion absent material showing bogus or accommodation transactions.

The petitioner, a partnership firm engaged in development and construction, challenged proceedings initiated under Section 148A of the Income-tax Act, 1961 (“the Act”) for reopening its assessment for Assessment Year...

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Gujarat High Court·

Writ petition dismissed due to the small monetary amount, without adjudicating merits or creating precedent.

The respondent was appointed as a daily wager in March 2010 and his services were terminated on 8 April 2013 without notice or notice pay.

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Gujarat High Court·

Illegal termination violating Sections 25F and 25G warrants reinstatement absent exceptional reasons for compensation.

The petitioner worked as a daily-wage Chowkidar with the respondent from 1 June 2010.

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Gujarat High Court·

Illegal termination may warrant lump-sum compensation instead of reinstatement when superannuation makes reinstatement impracticable.

The respondent was employed as a clerk with the petitioner-company from 21 December 1982. He alleged that his services were orally terminated on 8 November 1989, in breach of Section 25F of the Industrial Disputes Act...

3 MIN READ

Gujarat High Court·

Service is valid when summons are refused and affixed at the defendant’s correct address.

The respondent instituted Special Civil Suit No. 3 of 2018, later converted into Commercial Civil Suit No. 96 of 2019, against the petitioner.

4 MIN READ

Gujarat High Court·

Motor accident compensation must account for prevailing minimum wages and future prospects.

On 5 April 2012, the claimant, Sumliben Ramubhai Ninama, was walking along the roadside when a Max Jeep, allegedly driven rashly and negligently by respondent No. 1, ran over her right foot, causing grievous injuries.

3 MIN READ

Gujarat High Court·

A Will executed after land acquisition and vesting cannot confer any right, title, or interest therein.

The petitioner claimed ownership and possession of Revenue Survey No. 83/2 and sought quashing of the Mamlatdar’s order dated 19 April 2016, which refused to remove Gujarat Industrial Development Corporation’s (“GIDC”...

3 MIN READ

Gujarat High Court·

Insurer remains liable for the death of a goods owner’s representative travelling in the goods vehicle.

On 13 May 2006, Ranchhodbhai Laxmanbhai was travelling in truck bearing registration No. GJ-3-U-5770 when it overturned near Kaniya Patiya on the Dharmaj–Tarapur Road due to the rash and negligent driving of its driver.

3 MIN READ

Gujarat High Court·

Future loss of income is payable using the claimant’s accident-age multiplier despite death during claim proceedings.

On 11 August 1993, Nathabhai Popatbhai Bharwad and Gagjibhai Haribhai Bharwad were travelling in goods truck No. GTK-4981 with goods and groceries when it collided with truck No. RJW-4445 due to the rash and negligent...

4 MIN READ

Gujarat High Court·

Rent Court need not adjudicate title; proof of landlord-tenant relationship suffices for an anti-subletting injunction.

The plaintiff instituted H.R.P. Suit No. 1550 of 2001 before the Small Cause Court, Ahmedabad, alleging that the defendants were his tenants in Flat No. 54/647, Naranpura, let at a monthly rent of ₹1,500 under a notar...

4 MIN READ

Gujarat High Court·

A dispute-resolution clause is not an arbitration agreement absent clear intent and arbitral safeguards.

The petitioner, a civil-construction company, was awarded a contract by the Space Application Centre for construction of residential quarters at PRL Vikramnagar Housing Colony, Ahmedabad, for a contract value of appro...

4 MIN READ

Gujarat High Court·

Appellate courts must not disturb acquittal where two reasonable views arise from the evidence.

On 10 March 1994, between approximately 6:00 p.m. and 6:30 p.m., the accused allegedly formed an unlawful assembly, attempted to assault Raghavbhai Khengarbhai Bharwad, injured Girishbhai Laljibhai Kadiya, and thereaf...

3 MIN READ

Gujarat High Court·

Gujarat HC abates land-fragmentation proceedings after amendment regularises transfers made from 1948 to March 31, 2026

The petitioner invoked Articles 226 and 227 of the Constitution challenging the order dated 27 November 2015 passed by the Special Secretary, Revenue Department (SSRD), in Revision Application No. SABAR/1-A/2013, and...

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