Gujarat High Court judgments

The Gujarat High Court set aside a 50% contributory negligence deduction based solely on the claimant's failure to produce a driving licence, holding that absence of a licence must be causally linked to the accident to reduce compensation. The court enhanced the MACT award to Rs 10.03 lakh with 9% interest from the claim date, affirming that procedural lapses cannot override substantive liability.

The Gujarat High Court dismissed the State's appeal against acquittal of a husband and in-laws under Section 306 IPC, ruling that persistent harassment over childlessness, without proof of active instigation coupled with mens rea, does not constitute abetment of suicide. The decision raises the evidentiary bar for prosecutions linking domestic cruelty to suicide.

Gujarat HC allows release of seized Eicher truck on interim custody pending trial, holding Section 98(2) Gujarat Prohibition Act not absolute embargo.

The court held that generic accusations of 'inciting the husband' without particulars of cruelty or harassment fail to make out a prima facie case under Section 498A IPC against in-laws. The ruling reinforces that matrimonial disputes cannot be weaponised to rope in relatives through boilerplate FIRs, protecting elderly parents and distant relatives from vexatious prosecution.

The High Court ruled that brothers of a deceased victim qualify as 'legal representatives' under Section 166(1)(c) of the Motor Vehicles Act and are entitled to claim compensation without proving financial dependency. The Tribunal's rejection of the claim solely on dependency grounds was set aside, and the matter was remanded for fresh adjudication within one year.

The Gujarat High Court ruled that voluntary PF/ESPP deductions cannot be deducted from gross salary for Section 125 maintenance, as they are the husband's assets, not mandatory charges. Applying the Supreme Court's Harpreet Sawhney precedent, it quashed a net-salary-based order and remanded for fresh computation on gross income, safeguarding the wife's maintenance entitlement.

The Gujarat High Court ruled that acceptance of Form GST DRC-03A reducing principal liability to nil satisfies the Section 128A CGST Act payment condition for interest/penalty waiver, even if the original DRC-03 cited the wrong financial year. Technical errors in the initial voluntary payment form do not bar taxpayers from the amnesty scheme once the liability is extinguished.

Gujarat HC upholds acquittal: birth certificate without source verification cannot prove minority, making POCSO presumption inapplicable. Victim's conduct - no outcry, voluntary travel, non-disclosure - negated kidnapping and rape under Sections 363, 366, 376 IPC. Proven age is a jurisdictional prerequisite for POCSO; voluntary accompaniment by a minor defeats kidnapping charges.

The court held that Section 498A IPC presupposes a valid marriage; where the complainant's prior marriage remained undissolved at the time of the second marriage, the latter is void ab initio, rendering Section 498A inapplicable. Vague allegations and evidence of ulterior motive further justified quashing the FIR against the mother-in-law under Section 482 CrPC. The ruling clarifies that cruelty provisions cannot be invoked to police relationships lacking legal marital status.

Advance under an agreement to sell is not 'entrustment' for criminal breach of trust (Section 406 IPC), and refusal to execute the sale deed lacks dishonest intent for cheating (Section 420 IPC) absent fraud at inception. The ruling bars criminalising civil property disputes without proof of dishonest intent from the outset, protecting parties from misuse of criminal process.

The Gujarat High Court upheld a Section 376 acquittal, holding that written live-in consent deeds raise a presumption of implied consent to sexual relations, and a marriage promise by a minor is legally unenforceable. The ruling establishes that documented cohabitation agreements can defeat 'false promise of marriage' rape charges when the accused was below marriageable age.

The Gujarat High Court upheld the murder acquittal of an accused who inflicted fist blows during a sudden quarrel, ruling that absent specific intent to cause death, such spontaneous violence falls outside Section 300 IPC. The court declined to interfere with the trial court's finding that the act constituted only voluntarily causing hurt under Section 323 IPC.

The Gujarat High Court affirmed the acquittal of the accused after medical evidence revealed no axe-blow injury, contradicting ocular testimony of fatal head trauma. It held that in acquittal appeals under Section 378 CrPC, the double presumption of innocence requires acquittal to be upheld unless the prosecution proves guilt beyond reasonable doubt, benefiting accused facing conflicting eyewitness and medical evidence.

The Gujarat High Court ruled that a minor’s temporary move due to a parent’s job transfer does not break continuous residence for a domicile certificate. It quashed the rejection and ordered issuance within three weeks, affecting minors facing parental transfers.

Gujarat HC quashed the bail cancellation order of the POCSO Judge, Deesa, holding that Section 528 BNSS requires a hearing before liberty can be curtailed, safeguarding accused in POCSO cases and preventing bail withdrawal without a fair hearing.

A mother, as a single parent, may obtain her child's passport without the father's consent under Passport Rules 1980 §§4(A)(3)(a),4(3), as held by Gujarat HC. It directed the Regional Passport Authority to issue the passport within eight weeks.

The Gujarat High Court ruled insurer liability starts on premium receipt, not policy effective date, overturning the Tribunal’s denial of compensation for a 1990 accident. It modified the MACT award to Rs 83,000 with 12% interest, payable within eight weeks.

The Gujarat High Court quashed the FIR against lenders for abetment of suicide and extortion, ruling that mere harassment does not meet the legal threshold for abetment under Section 306 IPC without proof of instigation or intentional aid. The decision clarifies that creditors’ pressure alone cannot attract criminal liability for abetment, protecting lenders from baseless prosecution while emphasizing the need for concrete evidence of suicide instigation.

Gujarat HC quashed FIR over Buddha-printed cloth, holding that Section 295A IPC liability needs deliberate malicious intent to outrage religious feelings. This clarifies mens rea standard for religious offence cases, affecting future deity-image complaints.

Gujarat HC quashed FIR against POA holders, ruling vague allegations lacking specific criminal intent amount to abuse of process under Sec 482 CrPC. It shields parties in property deals from baseless prosecutions and stresses need for concrete allegations.

The Gujarat HC held that post-warranty defects cannot ground criminal cheating or breach of trust charges, quashing the FIR as an abuse of process under Sec 482 CrPC to shield businesses from mala fide complaints in civil disputes.

Paying part of the land conversion premium and then delaying challenge for eight years estops petitioner by acquiescence, the Gujarat HC held, dismissing the Rs.15 lakh refund claim and barring later challenges to conversion orders under land revenue law.

The Gujarat High Court held that an ST woman who inherited property from her husband may bequeath it by will absent proof of any tribal custom prohibiting such disposition. This confirms Act's inapplicability to STs absent a prohibiting custom.

The Gujarat HC held a POA is not irrevocable unless the agent has an interest in the subject-matter, letting the principal cancel it even after partial use. Any sale deed executed by the agent after cancellation is void, shielding principals from unauthorized transfers.