Gujarat High Court Case Commentaries

Real Earning Capacity Prevails Over Paper Income in Section 125 Maintenance Claims

Date: Apr 30, 2026

Real Earning Capacity Prevails Over Paper Income in Section 125 Maintenance Claims 1. Introduction The Gujarat High Court in VASANTBHAI PREMJIBHAI VEKARIYA v. STATE OF GUJARAT examined the scope of...

NDPS Commercial-Quantity Bail: Woman Accused, Prolonged Custody, No Antecedents as Basis to Satisfy Section 37 Twin Conditions

Date: Apr 29, 2026

NDPS Commercial-Quantity Bail: Woman Accused, Prolonged Custody, No Antecedents as Basis to Satisfy Section 37 Twin Conditions 1. Introduction This order of the Gujarat High Court (Justice Nikhil S....

Specific Performance Without Declaratory Challenge to Unilateral Termination of a Non‑Determinable ATS; Heightened Due-Diligence for Subsequent Purchasers Under Lis Pendens

Date: Apr 28, 2026

Specific Performance Without Declaratory Challenge to Unilateral Termination of a Non‑Determinable ATS; Heightened Due-Diligence for Subsequent Purchasers Under Lis Pendens Case: MISKINBANU JAHIDKHAN...

Bail in NDPS Mega-Trials: Once Sensitive/Material Witnesses Against a Particular Accused Are Examined, Continued Custody Becomes Unjustified Despite Pending Trial

Date: Apr 11, 2026

Bail in NDPS Mega-Trials: Once Sensitive/Material Witnesses Against a Particular Accused Are Examined, Continued Custody Becomes Unjustified Despite Pending Trial Case: HARPREET SINGH TALWAR @ KABIR...

Consensual Relationship and Alleged Honey-Trap May Justify Quashing of Rape FIR Under Section 482 CrPC

Date: Apr 11, 2026

Consensual Relationship and Alleged Honey-Trap May Justify Quashing of Rape FIR Under Section 482 CrPC 1. Introduction In MANOJBHAI KACHRABHAI VASOYA v. STATE OF GUJARAT, the Gujarat High Court...

Digital Acknowledgment of Voter-Inclusion Request Prevails Over Earlier Revised Roll for Municipal Electoral Rolls

Date: Apr 10, 2026

Digital Acknowledgment of Voter-Inclusion Request Prevails Over Earlier Revised Roll for Municipal Electoral Rolls 1) Introduction In SANJAYBHAI MANGALBHAI GADHAVI v. THE STATE ELECTION COMMISSION...

Deemed Inclusion in Municipal Electoral Roll When Assembly-Roll Inclusion Is Already Ordered (Despite Pending Publication and Rule 6(4) Freeze)

Date: Apr 8, 2026

Deemed Inclusion in Municipal Electoral Roll When Assembly-Roll Inclusion Is Already Ordered (Despite Pending Publication and Rule 6(4) Freeze) 1. Introduction In JAYESH BATUKBHAI PATEL(VANANI) v....

Revisional Restraint in Section 125 Cr.P.C. Maintenance: Deference to Family Court’s Income Assessment, One‑Third Benchmark, and Remedy via Section 127 on Changed Circumstances

Date: Apr 7, 2026

Revisional Restraint in Section 125 Cr.P.C. Maintenance: Deference to Family Court’s Income Assessment, One‑Third Benchmark, and Remedy via Section 127 on Changed Circumstances 1. Introduction The...

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...

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....