Home Page

Judgments

High Court Of Gujarat

The Ahmedabad High Court, also known as the High Court of Gujarat, is one of the most important courts in India. It has a rich history and is known for its efficient delivery of justice. 

 The Ahmedabad High Court was established on May 1, 1960, after the state of Gujarat was formed following the division of the state of Bombay. The court was originally located in Ahmedabad but was later moved to Gandhinagar, which is the capital of Gujarat. Since its inception, the Ahmedabad High Court has played a crucial role in shaping the legal system of Gujarat. The court has been involved in several important cases, and its judgments have had a significant impact on the state.

Ahmedabad High Court

The Ahmedabad High Court is located in Gandhinagar, which is the capital of Gujarat. The court is situated in a spacious complex that was designed by the renowned architect, Charles Correa.

  The complex is spread over an area of 18.5 acres and includes several buildings, including the main building of the high court, the office of the registrar, and the library. The complex also includes several gardens and open spaces, which provide a peaceful and tranquil environment for visitors.

Location of Ahmedabad Court

The Ahmedabad High Court has jurisdiction over the entire state of Gujarat. It is responsible for hearing cases related to civil, criminal, and constitutional matters. The court has the power to issue writs, orders, and directions, and its decisions are binding on all courts within the state.

  The Ahmedabad High Court also has jurisdiction over the Union Territory of Dadra and Nagar Haveli and Daman and Diu. The court hears appeals from the subordinate courts within its jurisdiction and has the power to review their decisions.

Jurisdiction of HC Gujarat

The Sabarmati Ashram case was a landmark judgment delivered by the Ahmedabad High Court in 2003. The case was filed by the Sabarmati Ashram Preservation and Memorial Trust, which sought to protect the historical significance of the ashram.

The judgment, delivered by a division bench of the court, held that the ashram was a national monument and that the trust had the right to protect it. The judgment was widely applauded and was seen as a victory for those who sought to preserve India's cultural heritage.

The Naroda Patiya massacre case was one of the most high-profile cases to be heard by the Ahmedabad High Court. The case involved the killing of 97 people during the Gujarat riots in 2002.

The judgment, delivered by a special court in 2012, found 32 people guilty of murder and other charges. The judgment was upheld by the Ahmedabad High Court in 2017, which sentenced the convicts to life imprisonment.

The Zakia Jafri case was a case filed by the widow of former Congress MP Ehsan Jafri, who was killed during the Gujarat riots in 2002. The case alleged that the state government and its officials had conspired to allow the riots to take place.

The judgment, delivered by a division bench of the court in 2017, held that there was insufficient evidence to support the allegations. The judgment was controversial and was criticised by some as being politically motivated.

Important Ahmedabad Court Judgments

When referring to judges of the HC Gujarat, it is important to distinguish the Chief Justice from other judges. The Chief Justice holds a special position as the head of the court and plays a crucial role in the administration of justice in Gujarat. 

The judges of the Gujarat High Court are appointed through a strict process that involves a number of steps. The process starts with the submission of a list of potential candidates to the Chief Justice of India (CJI) by the Gujarat High Court collegium, which is composed of the Chief Justice of HC Gujarat and four other senior judges of the court. The CJI then consults with other judges and legal experts before making a final recommendation to the President of India for approval.Once appointed, the judges of the Gujarat High Court serve as the guardians of justice and uphold the rule of law in the state. They preside over a wide range of cases, including civil, criminal, and constitutional matters. Some of the most important cases heard by the HC Gujarat have had far-reaching implications for the state and the country as a whole.

In recent years, the Gujarat High Court has delivered several significant judgments that have helped shape the legal landscape of the state. For example, in 2017, the court ruled that a woman's right to live with dignity includes the right to choose her partner and marry the person of her choice. The judgment was widely hailed as a landmark decision for women's rights in India.

Judges of Ahmedabad High Court

As of 2023, the High Court of Gujarat has a total of 52 judges, including the Chief Justice. The court has a sanctioned strength of 62 judges, which means that there are currently 10 vacancies that need to be filled.

The court has a hierarchy of judges, with the Chief Justice at the top, followed by the senior-most judges. The seniority of judges is determined by the length of their tenure in the High Court. The senior-most judge after the Chief Justice is referred to as the ‘senior puisne judge.’

Number of Judges Present in HC Gujarat

The appointment of judges to the High Court of Gujarat is governed by the Constitution of India and the Gujarat HighCourt (Appointment and Conditions of Service of Judges) Rules, 1999. The process of appointment is a rigorous one, with several checks and balances in place to ensure that only the most qualified and deserving candidates are selected.

The process begins with the creation of a vacancy in the High Court. When a vacancy arises, the Chief Justice of Gujarat High Court sends a proposal to the Chief Justice of India (CJI) for the appointment of a new judge. The proposal includes a list of eligible candidates who have been recommended by the Gujarat HighCourt Collegium.

The CJI then consults with the other judges of the Supreme Court and the Attorney General of India before making a final recommendation to the President of India. The President then appoints the new judge, who takes an oath of office before the Chief Justice of Gujarat High Court.

The appointment process for judges in the High Court of Gujarat is a transparent and merit-based one. It ensures that only the most qualified and deserving candidates are selected for the position of judge. This helps to maintain the high standards of the court and ensure that justice is served in the state of Gujarat.

As mentioned earlier, the Chief Justice of Gujarat High Court is the head of the court and is responsible for the administration of justice. The current acting Chief Justice of Gujarat High Court is Justice Ashish Jitendra Desai, who was appointed to the position in February 2023.

The Chief Justice of Gujarat High Court is appointed by the President of India, in consultation with the CJI and the Governor of Gujarat. The appointment process is governed by the Constitution of India and the Gujarat HighCourt (Appointment and Conditions of Service of Chief Justice and Judges) Rules, 1999.

The Chief Justice of Gujarat High Court plays a vital role in the functioning of the court. They are responsible for the overall management of the court, including the allocation of cases to judges, the appointment of court staff, and the formulation of policies and procedures for the smooth functioning of the court.

Ahmedabad High Court Judges Appointment Procedure 

Gujarat HC Chief Former Chief Justices,

Explore HC Gujarat judgments on Libra Judgments Search Portal for free. Stay informed with key legal rulings for valuable insights and research.

Ahmedabad High Court Judgments Search Portal

Get an ultimate legal guide to navigate the Ahmedabad High Court. Our comprehensive resource includes everything from case listings to judgments of Gujarat High Court, along with expert analysis and historical context. All the HC Gujarat judgments pronounced by the Chief Justice of Gujarat High Court and other judges are available, a click away in this Judgment Search Portal.

1. Learned advocate Mr. H.N. Brahmbhatt appearing for the applicant upon instructions seeks permission to withdraw the present application.2. Permission as prayed for is granted. The present application stands disposed of as withdrawn.3. Rule is discharged. No order as to costs.(NIRZAR S. DESAI,J) Pallavi Page 1 of 1 Downloaded on : Fri Apr 21 20:56:05 IST 2023

1. RULE. Learned APP waives service of notice for and on behalf of the respondent - State.2. By way of the present application, the applicant has prayed to release him on temporary bail on the ground of attending post death ritual ceremony of his cousin.3. Learned Additional Public Prosecutor appearing for the respondent has opposed this application. Page 1 of 2 Downloaded on : Fri Apr 21 21:01:27 IST 2023 R/CR.MA/6601/2023 ORDER DATED: 21/04/20234. Considering the aforesaid facts and circumstances of the case and reasons stated in the application as well as looking to the jail record of the applicant, I am of the opinion that the present application requires consideration and the same is allowed. The applicant shall be released on temporary bail for a period of Seven Days from the date of his actual release on usual terms and conditions and on executing of personal bond of Rs.5,000/- (Rupees Five Thousands) to the satisfaction of the concerned Jail authority. The applicant shall surrender before the Jail Authority on completion of temporary bail period, without fail.

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) Learned advocate Mr. Jucky Lucky Chan for the petitioner, upon instructions from the petitioner, seeks permission of the court to withdraw the petition.2. The, permission as prayed for to withdraw the petition, is granted.3. The petition is dismissed as withdrawn. Notice is discharged. Interim relief, if any, stands vacated.(N.V.ANJARIA, J) (D. M. DESAI,J) C.M. JOSHI Page 1 of 1 Downloaded on : Fri Apr 21 20:52:13 IST 2023

1. Rule. Learned Additional Public Prosecutor Ms.Mehta waives service of notice of Rule on behalf of respondent - State.2. Learned advocate Mr.Trivedi for the applicant seeks permission to withdraw the present application.3. Permission, as prayed for, is granted. The present application is disposed of as withdrawn. Rule is discharged.(NIRZAR S. DESAI,J) MISHRA AMIT V.

1. RULE. Learned APP Ms. Chetna Shah waives service of notice of rule on behalf of the respondent - State.2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.No.11208045230156 of 2023 dated 22.2.2023 registered with Malaviyanagar Police Station, District: Rajkot City for offences punishable under Sections 323, 504, 506(2), 114 of Indian Penal Code and under Section 3(1)(r), 3(1)(s), 3(2)(v-A) of Atrocity Act.

Ms Bhoomi M. Thakore, learned advocate for the Official Liquidator has placed on record the order dated 20.01.2023 passed by this Court in Official Liquidator Report no.5 of 2021 and other allied matters in the matter of OL of M/s Ardor International Pvt. Ltd. (in Liqn) vs. M/s. Ekdant Industries Private Limited. It is submitted that the Official Liquidator Report, in the present company petition, would be governed by the said order inasmuch as, the Official Liquidator, cannot come straightaway before this Court with a prayer made in the captioned reports for directions to the persons who are indebted to the company in liquidation without there being any admission on the part of such person as per the provisions of sub-section (5) of Section 477 of the Companies Act, 1956 (hereinafter referred to as the 'Act of 1956'). It is therefore, urged that the report, is relatable to the company in liquidation and thus, would be governed by this order. It is urged that appropriate orders may be passed.

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)1. Heard the learned advocates appearing for the respective parties.2. The present petition is directed against the order of detention dated 06.02.2023 passed by the Page 1 of 15 Downloaded on : Fri Apr 21 20:51:21 IST 2023 C/SCA/5224/2023 JUDGMENT DATED: 21/04/2023 respondent - detaining authority in exercise of powers conferred under section 3(1) of the Gujarat Prevention of Anti Social Activities Act, 1985 (for short "the Act") by detaining the petitioner- detenue as defined under section 2(c) of the Act.

1. By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant - accused have prayed for anticipatory bail in connection with the FIR being C. R. No. 4 of 2020 registered with CID Crime Police Station, Dist. Vadodara for the offences punishable under Sections 406, 409, 420, 120 (B) of the Indian Penal Code,1860 and section 3 of the Gujarat Protection of Interest of Depositors (in Financial Establishments) Act, 2003.2. Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, Page 1 of 6 Downloaded on : Fri Apr 21 21:00:50 IST 2023 R/CR.MA/6145/2023 ORDER DATED: 21/04/2023 trial also and will not flee from justice.

1. RULE. Learned Additional Public Prosecutor Ms. Chetna Shah waives service of notice of rule on behalf of the respondent - State.2. Learned advocate Ms. Urvashi K. Mehta appearing for the applicant upon instructions seeks permission to withdraw the present application.3. Permission as prayed for is granted. The present application stands disposed of as withdrawn.4. Rule is discharged. No order as to costs.(NIRZAR S. DESAI,J) Pallavi Page 1 of 1 Downloaded on : Fri Apr 21 20:55:31 IST 2023

After arguing the matter, learned advocate for the applicant seeks permission to withdraw the application with a liberty to approach the first appellate Court concerned by way of appropriate application. Permission as prayed for is granted. The application stands disposed of as withdrawn with the liberty as aforesaid. Insofar as the non-bailable warrant issued against the applicant is concerned, it shall be open to the applicant to agitate the same before the first appellate Court.(SAMIR J. DAVE,J) PRAVIN KARUNAN Page 1 of 1 Downloaded on : Fri Apr 21 21:04:14 IST 2023

High Court Of Gujarat - 1947