Nominal Index [Citations: 2024 LiveLaw (Guj) 112-117]Mehul Sureshkumar Champaneria Versus Veer Narmad South Gujarat University Through Secretary 2024 LiveLaw (Guj) 112Ms Mousumi Mukherjee D.O Shri Manab Kumar Mukherjee Versus Dakshin Gujarat Vij Company Limited(Bharuch Division) & Anr. 2024 LiveLaw (Guj) 113United India Insurance Co. Ltd. Versus Kevalji Lumbaji Harijan(Dabhi) & Ors....
Nominal Index [Citations: 2024 LiveLaw (Guj) 112-117]
Mehul Sureshkumar Champaneria Versus Veer Narmad South Gujarat University Through Secretary 2024 LiveLaw (Guj) 112
Ms Mousumi Mukherjee D.O Shri Manab Kumar Mukherjee Versus Dakshin Gujarat Vij Company Limited(Bharuch Division) & Anr. 2024 LiveLaw (Guj) 113
United India Insurance Co. Ltd. Versus Kevalji Lumbaji Harijan(Dabhi) & Ors. 2024 LiveLaw (Guj) 114
Sagar Girishbhai Patel v/s State of Gujarat & Ors. 2024 LiveLaw (Guj) 115
Maheshbhai Dhirubhai Darji Versus State Of Gujarat & Anr. 2024 LiveLaw (Guj) 116
Commissioner Of Income Tax (International Taxation And Transfer Pricing) Versus Joshi Technologies International Inc. 2024 LiveLaw (Guj) 117
Judgments/Orders
Case Title: Mehul Sureshkumar Champaneria Versus Veer Narmad South Gujarat University Through Secretary
LL Citation: 2024 LiveLaw (Guj) 112
The Gujarat High Court has upheld the cancellation of an LLB degree after discovering that the petitioner's graduation certificate, used for admission, was fraudulent.
Dismissing an appeal challenging the single judge's order, the division bench, comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi, affirmed the respondent University's decision to annul the petitioner's LLB results.
Case Title: Ms Mousumi Mukherjee D.O Shri Manab Kumar Mukherjee Versus Dakshin Gujarat Vij Company Limited(Bharuch Division) & Anr.
LL Citation: 2024 LiveLaw (Guj) 113
The Gujarat High Court has dismissed a Letters Patent Appeal challenging the computation of assessed electricity charges, emphasising that restoration of electricity supply must be contingent on payment of the assessed amount as per Section 135 (1A) of the Electricity Act, 2003.
The Court observed that the petitioner manipulated the system to restore the electricity supply without full payment of the assessed charges.
Case Title: United India Insurance Co. Ltd. Versus Kevalji Lumbaji Harijan(Dabhi) & Ors.
LL Citation: 2024 LiveLaw (Guj) 114
The Gujarat High Court has ruled that the Geo Membrane, a textile fabric used for waterproof lining, is subject to a 12% GST rate rather than the previously applied 18%. The court has directed the GST department to refund the excess 6% GST paid by the petitioner.
The case involved a partnership firm that manufactures Geo Membrane, a type of textile fabric. The firm is registered under the Central and Gujarat Goods and Services Tax Act, 2017. The petitioner contended that Geo Membrane, being a textile product, should be taxed at the rate applicable to textile fabrics. However, the GST department classified the product as a plastic Geomembrane, thus applying an 18% GST rate.
Case Title: Sagar Girishbhai Patel v/s State of Gujarat & Ors.
LL Citation: 2024 LiveLaw (Guj) 115
While dismissing a public interest litigation petition (PIL) pertaining to “illegal mining”, the Gujarat High Court on Wednesday imposed a cost of Rs 50,000 on the petitioner for failing to pursue the matter seriously, after noting that the petition was kept pending in the court's registry without removal of defects for nearly four years.
A division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi while dictating its order said, “The record of the present PIL which has been filed to agitate the issue pertaining to illegal mining activities in village tavdi district navsari, presents a sorry state of affairs in the manner in which the petition was presented before this court and kept pending in the registry itself”.
Case Title: Maheshbhai Dhirubhai Darji Versus State Of Gujarat & Anr.
LL Citation: 2024 LiveLaw (Guj) 116
The Gujarat High Court has quashed the criminal proceedings and FIR against a factory supervisor accused of abetting an employee's suicide.
The court found insufficient evidence of direct or indirect incitement by the accused to the suicide, noting that mere allegations of harassment without positive action proximate to the time of the incident do not justify a conviction under Section 306 of the Indian Penal Code (IPC).
Case Title: Commissioner Of Income Tax (International Taxation And Transfer Pricing) Versus Joshi Technologies International Inc.
LL Citation: 2024 LiveLaw (Guj) 117
The Gujarat High Court has ruled against the revenue's appeal regarding a decision by the Income Tax Appellate Tribunal (ITAT), which had permitted the assessee to claim additional depreciation on an oil well classified as 'plant & machinery' under Section 32(1)(iia) of the Income Tax Act, 1961.
Other Developments
While hearing a matter pertaining to the Motor Vehicles Act, the Gujarat High Court asked the concerned higher authorities to come up with a future plan to hold non-compliant officials accountable for neglecting to enforce the law and to ensure that innocent citizens are not harassed in the process.
Authorities are expected to take appropriate action against those who willfully fail to observe rules under any statute, it added.
The Gujarat High Court has issued a circular stating that all criminal appeals filed on or after July 1, 2024, will be governed by the provisions of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023,regardless of whether the judgement of conviction was passed before or after this date.
Additionally, the court clarified that all applications and steps taken in appeals filed before July 1, 2024, will continue to be governed by the Code of Criminal Procedure, 1973.
While hearing the plea of a 65-year-old man against his "illegal detention" for allegedly being in wrongful possession of a property in 2023, the Gujarat High Court last week asked the then Ahmedabad District Collector to explain why proceedings for "dereliction of duty" should not be initiated against him, after noting that a committee headed by the officer proceeded to lodge an FIR against the man without perusing the record.
The Gujarat High Court on Thursday asked the The Indian Express and The Times Of India to publish a "public apology" in their respective newspapers by tomorrow i.e. Friday for wrongly reporting the court's proceedings during the hearing of a batch of pleas moved by various linguistic and religious minority schools challenging the amendments to the Gujarat Secondary and Higher Secondary Education Act.
While hearing a suo motu PIL pertaining to traffic congestion and its management in Ahmedabad, the Gujarat High Court on Thursday orally flagged certain aspects requiring attention including the implementation of existing rules, identification of an expert body for comprehensive planning of road infrastructure, manpower and use of technology.
The matter arose after a PIL was moved by 20 residents of the city pertaining to the construction of a bridge at Ahmedabad's Panjrapole crossroads which they claimed is leading to reduction of green cover.
Gujarat High Court Issues Directions To Ensure Smooth Video Conferencing Access For Advocates
The Gujarat High Court, following up of its earlier Circular No. ITC/234/2024 dated 20/02/2024, has now issued new directions to ensure that advocates do not face difficulties in accessing Video Conferencing (VC) Rooms for hearings.
The Chief Justice has mandated that all Court Masters assisting the Benches must promptly admit advocates to the VC Session, provided their Display Name in the Zoom VC Waiting Room includes the Item Serial Number from the causelist. This step is intended to ensure smooth participation of advocates in their respective matters.
The Gujarat High Court on Friday orally said it was of the "tentative opinion" that the concerned Commissioners of the Rajkot Municipal Corporation pay Rs. 10,000 to the dependents of each of the victims who lost their lives in the TRP Game Zone fire earlier this year.
A division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi was hearing a batch of pleas including the suo motu petition initiated by the high court after twenty-seven individuals, including four children, perished in the massive fire that engulfed the game zone in Rajkot's Nana-Mava locality on May 25.