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Category: High Court of Gujarat Judgment or Order or Notification

Hardik Bharatbhai Patel Vs State of Gujarat on 18 December, 2015

Posted on January 12, 2020 by ShadesOfKnife

In this judgment, Justice Shri JB Pardiwala had passed some critical remarks against Reservations in India and had irked 50+ Members of Parliament who triggered his Impeachment process in Rajya Sabha. Due to this he had to strike down a paragraph from the Judgment. Read the news clippings from this judgment and subsequent removals of the concerned paragraph from judgment.

Here is the Para 62 from the original judgment.

62. If I am asked by any one to name two things, which has destroyed this country or rather, has not allowed the country, to progress in the right direction, then the same is, (i) Reservation and (ii) Corruption.It is very shameful for any citizen of this country to ask for reservation after 65 years of independence.When our Constitution was framed, it was understood that the reservation would remain for a period of 10 years, but unfortunately, it has continued even after 65 years of independence. The biggest threats, today, for the country is corruption. The countrymen should rise and fight against corruption at all levels, rather than shedding blood and indulging in violence for the reservation. The reservation has only played the role of an amoeboid monster sowing seeds of discord amongst the people. The importance of merit, in any society, cannot be understated. The merit stands for a positive goal and when looked at instrumentally, stands for “rewarding those actions that are considered good”. Then, this instrumental nature of merit that should be given importance – emphasizing on and rewarding merit is a means towards achieving what is regarded as good in the society. The parody of the situation is that India must be the only country wherein some of the citizens crave to be called backward.

Hardik Bharatbhai Patel Vs State of Gujarat 18 December, 2015 (Original Order)

Citations:

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/38630401/ or https://www.casemine.com/judgement/in/56e0fa87607dba3896607933 (with original version of judgment)


Then the News follows

Patidar quota agitation_ Gujarat High Court calls reservation an ‘amoeboid monster’ _ Cities News,The Indian Express

Then the Judge removes the Para 62

Sitting Gujarat HC judge does U-turn on remarks in Hardik Patel case
Hardik Bharatbhai Patel Vs State of Gujarat 18 December, 2015 (Correction Order)

The following is the Revised Judgment, after removing Para 62

Hardik Bharatbhai Patel Vs State of Gujarat 18 December, 2015 (Corrected Order)

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged Hardik Bharatbhai Patel Vs State of Gujarat Revised Judgment

Jayesh Khemchandbhai Patel Vs State of Gujarat on 9 February, 2017

Posted on January 12, 2020 by ShadesOfKnife

This is the Regular Bail application of the Rapist Jayesh Patel that got rejected by Gujarat High Court.

Jayesh Khemchandbhai Patel Vs State of Gujarat on 9 February, 2017

Citations:

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/155267301/


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged CrPC 439 - Special powers of High Court or Court of Session regarding bail Jayesh Khemchandbhai Patel Vs State of Gujarat Regular Bail Denied Sensational Or Peculiar Cases

Jayeshbhai Khemchandbhai Patel Vs State of Gujarat on 17 March, 2017

Posted on January 12, 2020 by ShadesOfKnife

The Rapist Jayesh Patel has prayed for a copy of the medical reports to be given to him under section 207 CrPC, which were purported to prove the crime of rape he committed. His prayer was denying by the Gujarat High Court stating that the accused will be entitled to such documents during the course of trial and may not be available at the current stage where he would like to file Discharge petition u/s 239 CrPC.

Jayeshbhai Khemchandbhai Patel Vs State of Gujarat on 17 March, 2017

Citations:

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/21681381/


Rapist’s Regular Bail application rejection order is here.

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged CrPC 309 - Power to Postpone or Adjourn Proceedings Jayeshbhai Khemchandbhai Patel Vs State of Gujarat Legal Procedure Explained - Interpretation of Statutes

State of Gujarat Vs Ashokkumar Lavjiram Joshi on 6 April, 2018

Posted on January 12, 2020 by ShadesOfKnife

Referring to this judgment here, Justice Shri J,B. Pardiwala has held that any document can be given in evidence other than those that were submitted to Court us 207 CrPC at any point in time of the trial. Accused is entitled to a copy of such document.

State of Gujarat Vs Ashokkumar Lavjiram Joshi on 6 April, 2018

Citations:

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/195549824/


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged CrPC 173 - Report of Police Officer on Completion of Investigation CrPC 173(5) - Prosecution Can Produce Additional Documents CrPC 207 - Supply to the accused of copy of police report and other documents State of Gujarat Vs Ashokkumar Lavjiram Joshi

Gujarat Pipavav Port Limited Vs Sharda Steel Corporation on 26 March, 2012

Posted on March 17, 2019 by ShadesOfKnife

High Court of Gurajat held in this judgment that, disposal of perjury can be done at the end of a main petition/case but it does not stop magistrate to form an opinion by conducting a preliminary inquiry.

Gujarat Pipavav Port Limited Vs Sharda Steel Corporation on 26 March, 2012

 

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged Gujarat Pipavav Port Limited Vs Sharda Steel Corporation Perjury - Preliminary Inquiry Not Mandatory Perjury - Prima Facie Opinion of Perjury Perjury Under 340 CrPC | Leave a comment

Babubhai Mervanbhai Patel Vs State Of Gujarat Through Secretary and Anr on 26 August, 2010

Posted on March 17, 2019 by ShadesOfKnife

A fine of Rs.40,000/- was levied on the pejurer for lying repeatedly on affidavits as well as under oath by Hon’ble Gujarat High Court.

Babubhai Mervanbhai Patel Vs State Of Gujarat Through Secretary and Anr on 26 August, 2010
Posted in High Court of Gujarat Judgment or Order or Notification | Tagged Babubhai Mervanbhai Patel Vs State Of Gujarat Through Secretary and Anr Perjury - Costs Levied or Imprisonment For Perjury | Leave a comment

Amritpal Singh Mahendra Singh Kaler and Ors Vs Daljit Kaur on 22 November, 2017

Posted on January 27, 2019 by ShadesOfKnife

 

Amritpal Singh Mahendra Singh Kaler and Ors Vs Daljit Kaur on 22 November, 2017

 

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations Amritpal Singh Mahendra Singh Kaler and Ors Vs Daljit Kaur Catena of Landmark Judgments Referred/Cited to CrPC 482 - Quash CrPC 482 – FIR Quashed IPC 498A and 3 and 4 DP Act Combo Alleged Work-In-Progress Article | Leave a comment

Haresh Narayan Jaguja and Ors. Vs Namrata Haresh Jaguja and Ors on 28 April, 2015

Posted on December 25, 2018 by ShadesOfKnife

This is the judgment from Gujarat High Court, wherein it held concurrent jurisdiction exists between 125 CrPC and PWDV Act.

From Para 12,

Therefore, even if there is no reference of maintenance either under sub-Section 2 of Section 12 or in Section 20 of the Act, the fact remains that there is concurrent jurisdiction the statute provides concurrent jurisdiction and, therefore, it cannot be said that there is over ruling of jurisdiction while granting maintenance in different proceedings. At the most, what is required to be considered while deciding the claim of maintenance is that amount already awarded in a previous litigation may be taken into consideration for arriving at final amount of maintenance and, thereby, if order of only additional amount is there, then there is no overlapping and if award is for maximum amount of maintenance that can be awarded then set off against amount payable under any previous proceedings is to be extended.

From Para 13,

When petitioner is relying upon citations which are referred herein above and are already considered by the first appellate Court while rejecting the appeal, it would be appropriate for the petitioner herein to go through the legal provision properly. The time has come that litigants restrain themselves from agitating the issue which has already been decided by competent Court, only because they are not comfortable with the same.

Haresh Narayan Jaguja and Ors. Vs Namrata Haresh Jaguja and Ors on 28 April, 2015

 

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged Adjustment is Permissible in Multiple Maintenances Haresh Narayan Jaguja and Ors. Vs Namrata Haresh Jaguja and Ors Multiple Maintenances Orders PIL - CrPC 125 or BNSS 144 Must Go From Statute Book | Leave a comment

Jagruti Shashikant Soni Vs State Of Gujarat on 26 September, 2018

Posted on October 4, 2018 by ShadesOfKnife

Weird case disposed off by High Court of Gujarat !!!

Sections included in the FIR by police are: Sections 498-A, 509, 342, 504, 506, 427, 34 etc. of the IPC and Sections 3 and 4 of the POCSO Act.

From Para 5 and 5.1,

At the outset, it is submitted that the parties have amicably resolved the issue and therefore, any further continuance of the proceedings pursuant to the impugned FIR as well as any further proceedings arising therefrom would create hardship to the applicants. It is submitted that respondent No.2 has filed an affidavit in these proceedings and has declared that the dispute between the applicants and respondent No.2 is resolved due to intervention of trusted persons of the society.

Learned advocate for the applicants states that matter is settled between the parties.

Despite it having POCSO applied, What does the below infer? It’s a screaming fake case, wherein the provisions of a penal act, were grossly and brazenly, misused by none other that the knife.

Jagruti Shashikant Soni Vs State Of Gujarat on 26 September, 2018

 

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged CrPC 482 - Quash CrPC 482 – FIR Quashed FIR Quashed Due to Out-Of-Court Settlement Jagruti Shashikant Soni Vs State Of Gujarat | Leave a comment

Twinkleben Umeshbhai Patel Vs State Of Gujarat on 4 May, 2018

Posted on September 17, 2018 by ShadesOfKnife

One good judgment from High Court of Gujarat which held that woman who allegedly has a illicit relationship with the husband of a knife is not a relative of husband in the context of 498A IPC

 

Twinkleben Umeshbhai Patel Vs State Of Gujarat on 4 May, 2018

A precedent is available here.

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged CrPC 482 – IPC 498A Quashed Is Not Relative Of Husband Twinkleben Umeshbhai Patel Vs State Of Gujarat | Leave a comment

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