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Gujarat high court

15 March 2018

Outlook reported:The Supreme Court on Thursday directed the trial court in Gujarat not to proceed with defamation case filed by Bharatiya Janta Party (BJP) president Amit Shah's son Jay Shah against news website The Wire for its report.

11 January 2017

GNLU Gandhinagar is back in the Gujarat high court, this time facing its accounts officer’s petition for alleged wrongful termination of employment.

23 September 2016

Gujarat high court advocates Tirth Bhatt, Nimit Shukla and Sairica Raju acting for four gamers and gaming enthusiasts have asked to intervene in the public interest litigation against augmented virtual reality game Pokemon Go, which is being heard in the Gujarat high court. Bhatt and Shukla are GNLU Gandhinagar alumni.

23 May 2016

33wmtvlaThe Gujarat high court today dismissed GNLU’s letters patent appeal against the high court’s order that had called GNLU an “oligarchy” which “casually” denies its students basic human rights.

05 May 2016

Gandhinagar student has won against the university administration in the Gujarat high court over what the high court termed its “wholly baseless, arbitrary, malafide, unreasonable, illegal” decision to physically frisk and persecute a student after an exam, after wrongly suspecting the student was “hiding something”, and then cancelling that student’s exam result.

13 October 2015

SetalvadAs item 8 came up in Court No.3 at 11:30 AM on Monday, 12 October, before justices Anil R Dave and Adarsh Kumar Goel, the principal judge, Dave, showed considerable reluctance to extend the protection given to social activists Teesta Setalvad and her husband Javed Anand from arrest by the Gujarat Police, as sought by their counsel, senior advocate, Kapil Sibal.

20 September 2015

On September 15, the Supreme Court bench of justices Anil Dave and Adarsh Kumar Goel expedited a pending hearing on admission of SLP, and granted leave thus converting it into a civil appeal, even while continuing the ad-interim relief granted earlier. In the normal course, it would not have raised eyebrows. But when it became known that the subject of the SLP is about the Government’s denial of tax exemption to a film on gay sex, Meghdhanushya, (meaning a spectrum or a rainbow) it made news and rightly so. The film centers around a young boy who finds himself attracted by persons of his own sex.

27 August 2015

Court No 4 witnessed interesting arguments concerning the scope of India’s secularism before justices Dipak Misra and Prafulla C Pant, in the case of The State of Gujarat and others vs Islamic Relief Committee, Gujarat (IRCG) and another.

11 August 2015

The Indian Express and others reported:

A bench of the Gujarat High Court, led by outgoing acting Chief Justice VM Sahai, today issued notices to 27 judges (both sitting and retired) of the court; the state Revenue Department; and the Ahmedabad Municipal Corporation among other government agencies, seeking their replies on the 2008 allotment of residential plots to sitting and retired judges.

The judges, to whom notices have been sent, include eight sitting Gujarat High Court judges, Chief Justices of Bombay and Orissa High Courts and a sitting judge of Supreme Court.

More detail at The Indian Express.

18 February 2015

TeestaSaurav Datta presents the case against Teesta Setalvad and Javed Anand, as well as their defence, and looks into the case law and arguments that’ll lie before the Supreme Court tomorrow.

15 October 2014

via @aparatbar on Twitter: Disposal within three days of filingThe Gujarat high court on Friday quashed a public commission formed to probe allegations of snooping on a woman, while ruling that the commission was not in the public interest, reported the Indian Express and others.

10 September 2014

Kingfisher promoter Mallya: Probably still screwedThe Gujarat high court has struck down the part of the Reserve Bank of India (RBI) circular governing wilful defaulter notices, which restricts all directors of wilful defaulter companies from banking services for other businesses for five years.

26 March 2014

Gujarat High Court Justice Anant Dave ordered Nandiad sessions judge B B Pathak to go back to the judicial academy for a "training session is to be scheduled with regard to powers to be exercised under Section 438 of the Code of Criminal Procedure" (anticipatory bail), which the judge had flubbed in a blue bull poaching case, refusing bail assuming it was a non-bailable offence, when it is in fact bailable. "A bare perusal of the order passed by the Additional Sessions Judge of Nadiad revealed ignorance of provisions of Section 438," said Dave. [PTI]

12 July 2013

Gujarat high court chief justice (CJ) Bhaskar Bhattacharya, whose elevation to the Supreme Court was rejected unanimously by the SC collegium, has accused chief justice of India (CJI) Altamas Kabir of bias spurred by Bhattacharya’s opposition of the CJI’s sister’s elevation to the bench, reported the Express.

Bhattacharya was the third senior-most high court (HC) CJ at the time of his rejection. His nomination, alongside that of Bombay HC CJ Mohit Shah and Uttarakhand HC CJ Barin Ghosh, was rejected as proving “counter-productive and not conducive to the administration of justice”.

According to the Express, Bhattacharya wrote in his letter to the CJI:

“As a human being, I have a reasonable basis to apprehend that the fact that as a member of the collegium while I was a judge of the Calcutta HC, I raised serious objections against the elevation of Smt Shukla Kabir Sinha, your (CJI Altamas Kabir's) younger sister, is the real reason for making such observations against me.”

“In my view as an advocate who at the age of 58 years is just capable of earning a net amount of Rs 88,000 from practice should in no case be recommended for judgeship. We cannot lose sight of the fact that a High Court chaprasi gets more than Rs 13,000 per month as salary which is equivalent to Rs 1,56,000 per annum which is almost double the income of Mrs Shukla Kabir Sinha from her practice as a lawyer.”

“When time came for selection of Smt Shukla Kabir Sinha as a Judge of the HC, I was pressured to agree to such a proposal as a member of the collegium, but I thought it would amount to committing rape of the Calcutta HC, which was like my mother and if I didn't raise any objections that would amount to closing my eyes while my mother was being raped.”

07 May 2013

SC Maha lesson: Hoping to curb the trend of its directions been “taken lightly” by state governments, the Supreme Court imposes an exemplary cost of Rs 5 lakh on the Maharashtra government for a three-day delay in filing an affidavit related to police reforms. Uttar Pradesh, Rajasthan, Haryana, Andhra Pradesh, Mahrashtra and Goa had been ordered to file the affidavit by 3 May [moneylife]

Well and fair in Delhi: Delhi Chief Minister Sheila Dikshit said she wants to hike its previous Rs 1 crore grant to the Delhi bar council’s corpus fund for the welfare of lawyers, while president Pranab Mukherjee asked judges to “encourage” young lawyers by appointing them amicus curiae in matters of public importance, at the bar council’s National Seminar on Welfare of Lawyers [Zee News]

IOUID: Who owns India’s UID database, who will make money out of it and how? Privacy law and other implications [moneylife]

Courts too secure: Delhi HC’s justice Gita Mittal ordered constitution of expert committee to look into court’s security mechanisms requiring photo identification to enter courtrooms. Mittal said it was a restriction on the “open court principle” and restricts court access to poor litigants [Zee News/HT]

3 new Guj HC judges: Gujarat HC registrar general RP Dholariya, and principal district judges AG Uraizee and KJ Thaker were appointed additional judges of the Gujarat HC [IE]

Delhi HC to have 59 courtrooms: CJI Altamas Kabir last week inaugurated the construction of two new building blocks which will take the total tally of Delhi HC courtrooms to 59 by the end of 2015. Out of 24 new courtrooms, nine will be of joint registrars who handle certain categories of civil cases [HT]

CBI independence: Expensive private senior lawyers such as KK Venugopal and UU Lalit are being hired by the CBI which is seen as increasingly turning away from the attorney general and the additional solicitor general, who can be “political appointments” who are seen as “placing a high premium on being loyal to the government” [ET]

Assault on lawyers: Two Delhi lawyers, Nikhil Mehta and Milan Malhotra, were allegedly assaulted by Geeta Colony Delhi’s Station House Officer (SHO) pressuring them to settle a dispute outside court. A senior officer of the Delhi police also allegedly applied pressure when they complained instead of taking action against the SHO. Delhi HC justice Sunil Gaur has asked for an inquiry [HT]

Mohan Parasaran on CBI: Solicitor general Mohan Parasaran said “[…] the CBI director has stated in the affidavit that future reports wouldn’t be shared with the political executive. This clearly shows that the agency knows what should be done and what not”, indicating that it is not open to the CBI to brush aside the charge of showing its investigation report to the government departments it is investigating [Firstpost]

23 April 2013

Gujarat High CourtThe amendment aimed to make forming co-operatives a fundamental right to limit state interference.

21 March 2013

Bar ExamThe Gujarat High Court today issued notice to the Bar Council of India (BCI) over bar exam delays, reported TOI.

14 March 2013

A Gujarat advocate has filed a public interest litigation (PIL), alleging that another lawyer was assaulted by a group of advocates trying to enforce Monday’s Bar Council of India’s (BCI) strike to protest against police-lawyer violence.

Advocate Aiml Panchal’s PIL stated that fellow advocate Jal Unwala was humiliated while president, vice-president and office bearers of the Gujarat High Court Advocates’ Association (GHAA) and the assistant solicitor general looked on, the Times of India and Indian Express reported.

The Express reported that Unwala alleged that 30 to 35 lawyers “barged into his chamber”, while one slapped him. According to the TOI:

When they came to know that one lawyer conducted a case before Justice R H Shukla, they allegedly barged in his chamber, abused and physically assaulted him before his office staff. The lawyer complained before Chief Justice Bhaskar Bhattacharya demanding action against striking lawyers, who indulged in his manhandling, as per the provisions of a Supreme Court order by which it termed the strike ‘illegal’.

The judges in the PIL, Chief Justice Bhaskar Bhattacharya and Justice Pardiwala, recused themselves yesterday, with the case set to go before another bench now.