3 Important Gujarat High Court Judgments June 2018


1. Civil P.C. 1908 - S.47 - Questions to be determined by the Court executing decree - All questions relating to facts and law which have been raised or could have been raised and decided during trial, appeal or revision would not be reopened in the execution proceedings; Anandbhai Prahladbhai Lokapur v. Veenaben Anandbhai Lokapur, 25-06-2018 F.A. No. 1687 of 2018


2. Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017 (Gujarat) Rule 5(9) - MBBS CourseCaste Certificate is Cancelled - Admission is granted to the appellant in SEBC category which itself is based on caste certificate issued by the Competent Authority - Subsequently, when the caste certificate is cancelled, Admission Committee by applying Rule 5(9) of the Rules, 2017 has cancelled admission of the appellant - Without approval to increase intake capacity of one seat from the Medical Council of India, no directions can be granted for converting the seat from SEBC category to General Category - if all seats are filled up in the general / open category in the First Year MBBS Course, relief claimed by the appellant for converting the seat cannot be considered; Rishabh Rajeshkumar Bansal v. State of Gujarat, 18-06-2018 L.P.A. No. 615 of 2018

3. Criminal P.C. 1973 - S. 427 (1) - Administration of Justice - Procedure for Sentencing - concurrent or consecutive - It is the sentencing Court, which is required to apply its mind and consider what would be an appropriate sentence in a given case or in other words, if the sentences should be concurrent or consecutive; Senaul v. State of Gujarat, 15-06-2018 Crl.Appl. No. 3006 of 2018