SC issues notice to State Govt, stays Gujarat Land Grabbing (Prohibition) Act FIR in Rajkot

The Supreme’s direction implies a stay on only the particular FIR and not all FIRs filed under the Gujarat Land Grabbing (Prohibition) Act.

The Supreme Court on Monday issued notice to Gujarat in a plea challenging the Gujarat High Court’s verdict upholding the Land Grabbing (Prohibition) Act in May as constitutionally valid. A division bench of Justices Sanjay Kumar and Augustine George Masih also stayed further proceedings in the FIR concerning the appellants in the interim, and kept the notices returnable for August.

The appellants — Kishan Boriya, Govind Boriya and Bharat Boriya — are facing a First Information Report (FIR) in Rajkot concerning a land purchase in the district’s Kotharia village. The petitioners have said they are bonafide purchasers and even though they made a declaration in a civil suit in 2019, pending before a civil judge in Rajkot, that they are ready and willing to forego their rights in the property, an FIR was filed against them in November 2021.

The petitioners, represented by Advocate Virat Popat, had filed a petition at the Gujarat High Court, challenging the constitutionality of the Land Grabbing (Prohibition) Act along with challenging the registration of the FIR against them.

After the Gujarat High Court upheld the constitutional validity of the Act in a judgement dated May 9, dismissing a bunch of petitions numbering over a hundred, the doors opened for the state machinery to pursue criminal and civil proceedings under the Act.

The Supreme’s direction, however, implies a stay on only the particular FIR concerning the appellants and not all the FIRs lodged under the Act.

Read Full Article

Read More

Gujarat High Court Upholds Constitutional Validity Of Gujarat Land Grabbing (Prohibition) Act, 2020 Which Prescribes Minimum 10 Yrs Jail

In a significant verdict, the Gujarat High Court today upheld the constitutional validity of the Gujarat Land Grabbing (Prohibition) Act, 2020, along with its allied rules. The Act is yet to receive Presidential assent.The ruling came from a bench comprising Chief Justice Sunita Agarwal and Justice Aniruddha P Mayee, who pronounced judgement on a batch of over 150 petitions challenging…

Read Full Article

Read More

RTI Activist’s Murder| ‘Case Will Be Reminisced As An Antithesis To ‘Satyamev Jayate’: Gujarat HC Acquits Ex-BJP MP, 6 Others

The Gujarat High Court today pronounced judgment acquitting a former BJP Member of Parliament Dinu Solanki and six others in the high-profile case of the murder of RTI activist Amit Jethwa (in Jully 2010). While doing so, a bench of Justice AS Supehia and Justice Vimal K Vyas sternly observed that the investigation in the case, right from its inception, appeared to be an…

Read Full Article

Read More

Dadaji Knocks On High Court Door To Duck 10-Year Jail Term

79-Yr-Old Man And Four Of His Family Members Were Convicted By A Local Court For Assaulting Three People; Court Sentences Them To 10 Yrs In Prison

79-year-old man and four of his family members, convicted by a local court and sentenced to ten years imprisonment, have approached the Gujarat High Court seeking bail and suspension of the sentence. The five were convicted of assaulting three people in the year 2012. The HC after a primary hearing has admitted the appeal against the conviction and posted further hearing on June 5. The man and two others knocked on the HC’s doors after a district court in Porbandar on May 12 sentenced them to ten years imprisonment and also fined them. The convicts are Devabhai Kanabhai Odedara (79), Babubhai Kisabhai Odedadara (34) and his wife Seema and Vijay Kisabhai Odedara (44) and his wife Liluben. At present the male convicts are detained and lodged in Porbandar sub jails while the women convicts are at the Rajkot Central Jail. Their lawyer, Virat Popat submitted before the HC that an order issued by the lower court was not based on factual evidence in the case. The counsel pointed to contradictions in the versions given by doctors about the injuries sustained by the complainants. “The injuries are not serious and therefore they should not be convicted under section 307 of the IPC (attempt to murder). “One of the convicts is 79 years and given his physical condition he should be immediately released on bail. One of the lady convicts has an eight-month-old child,” the counsel said. As per the case details, the accused entered into a brawl with the complainants over construction on agricultural land and assaulted the latter with deadly weapons.

 

Read Full Article

Read More

Gujarat High Court Advocate Association, Ahmedabad Bar Association election results declared

Gandhinagar: The result of Ahmedabad Bar Association election is out. Jagat Choksi has been elected as President, while Vinodkumar Bhatt is elected as Vice President. Kalpesh Patel is new Secretary while Vijaykumar Upadhyay has got elected as Treasurer.Polling for this election was held on 22nd December. There were 1872 voters and 50 candidates in this election. Bela Pandya has been elected as Women’s representative while Kirtikumar Shah is elected as Joint Secretary. Pujan Pandya, Diljitsingh Rakkad, Nirmal Dixit, Viral Agrawal, Dushyant Rathod, Parth Rawal, Umang Oza, Krunal Pandya, Paras Viramgami, Dhwanit Vyas, Arti Rajvaniya, Darshan Rawal, Anuj Shah, Bhavin Bhavsar, Dhruv Shah are elected as members of Executive Committee.

Read Full Article

Read More

Advocate Brijesh Trivedi elected President of Gujarat High Court Advocates’ Association

Advocate Brijesh Trivedi was on Friday elected the President of the Gujarat High Court Advocates’ Association (GHCAA).
Trivedi was voted as the President with 1,060 votes defeating his nearest rival and former GHCAA President Pravinsinh Jadeja who secured 580 votes.
Advocate Virat Popat was elected the Vice President. Advocate Hardik Brahmbhatt retained the post of General Secretary bagging 835 votes. This is the third time that he has been elected the General Secretary. Advocates Bhavik Pandya and Darshan Dave were elected Joint Secretary and Treasurer respectively.
The elections took place on Friday morning and the results were declared subsequently. The newly elected office bearers are yet to shortlist names for the executive committee. Read Article
 
Read More