A weekly round-up of important cases from Gujarat High Court: Citations: 2022 Livelaw (Guj) 40 To 2022 LiveLaw (Guj) 47NOMINAL INDEXH.K.Thakur v. Nazir Noormohmed Kara & 2 Other(S), 2022 LiveLaw (Guj) 40 M/S. Raghunandan Enterprise v. Assistant Commissioner Of Income Tax, 2022 LiveLaw (Guj) 41 Bhavesh Khimabhai Pandit v. State Of Gujarat, 2022 LiveLaw (Guj) 42 Rajubhai Kanubhai Bharwad...
A weekly round-up of important cases from Gujarat High Court: Citations: 2022 Livelaw (Guj) 40 To 2022 LiveLaw (Guj) 47
NOMINAL INDEX
H.K.Thakur v. Nazir Noormohmed Kara & 2 Other(S), 2022 LiveLaw (Guj) 40
M/S. Raghunandan Enterprise v. Assistant Commissioner Of Income Tax, 2022 LiveLaw (Guj) 41
Bhavesh Khimabhai Pandit v. State Of Gujarat, 2022 LiveLaw (Guj) 42
Rajubhai Kanubhai Bharwad v. South Indian Bank, 2022 LiveLaw (Guj) 43
Bilkisbanu (Bilkisbano) Hanifkhan @ Kalo Munno Amirkhan Jatmalek v. State Of Gujarat, 2022 LiveLaw (Guj) 44
Nandlal Namdev Otwani v. Vijay Jayprakash Ahuja, 2022 LiveLaw (Guj) 45
Samay Alloys India Pvt. Ltd. v. State Of Gujarat, 2022 LiveLaw (Guj) 46
Rajeshbhai Jesingbhai Dayara v. State Of Gujarat, 2022 LiveLaw (Guj) 47
Roundup
Case Title: H.K.THAKUR Versus NAZIR NOORMOHMED KARA & 2 other(s)
Citation: 2022 LiveLaw (Guj) 40
The Gujarat High Court has reiterated that presumption of innocence in favour of an accused is strengthened upon acquittal by the trial Court. The Bench comprising Justice Rajendra M Sareen observed,
"in case of Acquittal, there is prejudice in favour of the Accused, firstly, the presumption of innocence is available to him under the Fundamental Principle of Criminal Jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent Court of Law. Secondly, the Accused having secured his Acquittal, the presumption of his innocence is further reaffirmed and strengthened by the trial Court."
Case Title: M/S. RAGHUNANDAN ENTERPRISE Versus ASSISTANT COMMISSIONER OF INCOME TAX
Citation: 2022 LiveLaw (Guj) 41
There is a fine distinction between a case where a partner of a firm assigns his/her share in favour of a third person and a case where a partner constitutes a sub-partnership with his/her share in the main partnership, the Gujarat High Court has held.
The observation was made by a bench of Justice JB Pardiwala and Justice Nisha Thakore while hearing a Writ Petition filed by a Partnership Firm, seeking to quash an order of the Income tax Department which attached the land of the firm as the property of an Assessee.
Case Title: BHAVESH KHIMABHAI PANDIT Versus STATE OF GUJARAT
Citation: 2022 LiveLaw (Guj) 42
Affirming that the nature of duties of an Electrical Assistant are "onerous", the Bench comprising Justice Biren Vaishnav at the Gujarat High Court has declined to allow the Petition of a colour-blind candidate seeking the quashment of "unfit certificate" for the said post.
The Bench was hearing a Petition filed under Article 226 of the Constitution.
Case Title: RAJUBHAI KANUBHAI BHARWAD Versus SOUTH INDIAN BANK
Citation: 2022 LiveLaw (Guj) 43
Considering that the Appellants were ready and willing to deposit INR 20 lacs and the fact that the property which was likely to be auctioned was residential premises wherein two families were residing, the Gujarat High Court has directed that the Respondent-Bank to not dispossess the family from the property until 11th March 2022. The Bench comprising Justice AJ Desai was hearing an appeal under Clause 15 of Letters Patent which sought relief from dispossession of property which was going to be auctioned.
Case Title: BILKISBANU (BILKISBANO) HANIFKHAN @ KALO MUNNO AMIRKHAN JATMALEK Versus STATE OF GUJARAT
Citation: 2022 LiveLaw (Guj) 44
The Gujarat High Court recently denied bail to an accused under the Gujarat Control of Terrorism and Organised Act, 2015, stating that accused was prima facie a part of an 'organised crime syndicate' involved in highway thefts.
'Organized Crime Syndicate', defined under Section 2(1)(f) of the Act, means a group of two or more persons who, acting either singly or collectively, as a syndicate or gang indulging in activities of organised crime.
6. Financial Crisis Can Be One Of The Grounds For Condonation Of Delay: Gujarat High Court
Case Title: NANDLAL NAMDEV OTWANI Versus VIJAY JAYPRAKASH AHUJA
Citation: 2022 LiveLaw (Guj) 45
"Now as the legal settled proposition which has been set-out here-in-above, considering the prevalent economy condition of the parties as well as even of the Country, the financial crisis can be considered to be one of the grounds for condonation of delay," the Gujarat High Court has held. The Bench comprising Justice AP Thaker made this observation with regard to a Civil Application for condonation of delay of 399 days caused in preferring an appeal from an order wherein the Applicant was restrained from transferring, alienating or creating third party interest in the suit property.Now as the legal settled proposition which has been set-out here-in-above, considering the prevalent economy condition of the parties as well as even of the Country, the financial crisis can be considered to be one of the grounds for condonation of delay.
Case Title: SAMAY ALLOYS INDIA PVT. LTD. Versus STATE OF GUJARAT
Citation: 2022 LiveLaw (Guj) 46
The Gujarat High Court has recently held that the power prescribed under Rule 86A of the GST Rules 2017 to block an electronic credit ledger can be exercised only when there is availability of credit in such ledger, alleged to be ineligible.
"Condition precedent for exercise of power under Rule 86A of the GST Rules is the availability of credit in the electronic credit ledger which is alleged to be ineligible. If credit balance is available, then the authority may, for reasons to be recorded in writing, not allow the debit of amount equivalent to such credit. However, there is no power of negative block for credit to be availed in future," observed Justice JB Pardiwala and Justice Nisha M. Thakore.
Case Title: RAJESHBHAI JESINGBHAI DAYARA Versus STATE OF GUJARAT
Citation: 2022 LiveLaw (Guj) 47
The Gujarat High Court has held that to prosecute a person under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, it must be established that the accused had knowledge of the victim's caste.
"If we refer Section 3(5) (A) of the Act, it must be within knowledge of the accused person that such person is a member of Schedule Caste or Schedule Tribe or such property belongs to such member. It is nowhere alleged by the complainant that the accused persons were having knowledge that the complainant was the member of Schedule Caste or Schedule Tribe or such property belongs to such member," Justice BN Karia opined.