Petition Under Section 34 Not Maintainable Against Rejection Of Application Under Section 16 By Arbitrator: Gujarat High Court

The Gujarat High Court bench of Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee has held a petition under Section 34 of the Arbitration and Conciliation Act, 1996 is not maintainable against the order of rejection of the application under Section 16 challenging challenging the jurisdiction of an arbitrator on the plea of res judicata and bar under Order 2 Rule 2 CPC.Order 2 Rule...

Bail Condition Requiring Accused To Appear In Police Station May Lead To Human Rights Abuses, Give Scope Of False Allegations: Gujarat High Court

The Gujarat High Court has ruled that conditions requiring an accused to mark his presence at police station could lead to grievances, human rights abuses, and false allegations. “It is needless to point out that such conditions of marking presence at Police Station would invite many grievances which may also lead to abuse of human rights and may give a scope of false allegations which...

To 'Understand Their Situation', Gujarat High Court Directs Amicus, Independent Lawyer To Directly Engage With Morbi Bridge Tragedy Victims

The Gujarat High Court on Tuesday directed the amicus curiae appointed in the Morbi Bridge case, along with an independent lawyer, to engage directly with the victims of the tragedy.A division bench comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi said, "The amicus, along with another lawyer, will visit them, understand their situation, and prepare a detailed report."On...

Loopholes In System Must Be Addressed: Gujarat High Court Slams Traffic Police, Transport Dept For Allowing Operations Of Over-Capacity Vehicles

The Gujarat High Court on Monday issued a stern rebuke to the traffic police and Transport Department for permitting illegal vehicles exceeding their capacity to operate on state and city roads. The court condemned the authorities for prioritising personal gain and directed the state government to assign responsibility to officials in cases of major road accidents.Justice Sandip Bhatt...

Gujarat High Court Upholds SAD Refund For Betel Nuts, Rules No Distinction Between Industrial And Edible Varieties

The Gujarat High Court has upheld the decision of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) allowing the refund of Special Additional Duty (SAD) on betel nuts. The court observed that there is no distinction between industrial grade betel nuts and edible supari.The division bench comprising Justices Bhargav D. Karia and Niral M. Mehta ruled, “Considering the facts of...

'Sorry State Of Affairs': Gujarat High Court Rebukes State Govt For Only Filling Half Of Police Dept Vacancies Despite Widespread Unemployment

On Thursday, the Gujarat High Court criticized the state government for attempting to fill only half of the vacancies in the police department, questioning the rationale behind the decision amid widespread unemployment.The division bench, comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi, expressed astonishment over the appointment of a DGP-rank officer as chairman of the...

Gujarat High Court Half Yearly Digest: January - June 2024 [Citation 1 to 80]

Nominal Index [Citations: 2024 LiveLaw (Guj) 1-80 ]M/S AMIT HOSPITAL PVT. LTD. Versus PRINCIPAL COMMISSIONER OF INCOME TAX 2024 LiveLaw (Guj) 1 DHVANIL HEMENDRA RESHAMWALA Versus INCOME TAX OFFICER, WARD 1(3)(1) 2024 LiveLaw (Guj) 2 The Principal Commissioner Of Income Tax (Central), Versus Montecarlo Construction Ltd. 2024 LiveLaw (Guj) 3 Madhaviben Jitendrabhai Rupareliya vs State of...

Gujarat High Court Grants Bail To Five Congress Workers Arrested In Alleged Stone-Pelting Incident At GPCC Office

The Gujarat High Court on Friday granted bail to five Congress workers arrested in a case of stone-pelting at the Gujarat Pradesh Congress Committee (GPCC) office in the Paldi area of Ahmedabad. The workers—Harsh Parmar, Vimal Pansara, Manish Thakor, Sanjay Barot, and Mukesh Datania—had initially failed to secure bail from the lower court and subsequently filed a petition in the...

'Mere Breach Of Contract By One Party Would Not Attract Prosecution For Criminal Offence In Every Case': Gujarat High Court Reiterates

Quashing an FIR arising out of a dispute related to payment of money, the Gujarat High Court has reiterated that a mere breach of contract by one of the parties would not attract criminal prosecution in every case.Justice Divyesh A Joshi observed, “the question is what the complainant was doing during the interregnum period. Why he kept mum and not instituted any legal proceedings during...

Asking Name, Address Of Unknown Woman Inappropriate But Prima Facie Not Sexual Harassment: Gujarat High Court

The Gujarat High Court has observed that asking an unknown woman her name, address, and mobile number may be inappropriate but does not prima facie constitute sexual harassment under Section 354A of the Indian Penal Code (IPC).This observation was made by Justice Nirzar Desai in a case involving a man from Gandhinagar, Samir Roy, who was booked under Section 354A IPC for allegedly asking...

Gujarat High Court Permits 15-Yrs Old Mentally Challenged Tribal Girl To Terminate 27-Week Pregnancy

The Gujarat High Court has granted permission for the termination of a 27-week pregnancy of a 15-year-old mentally challenged, tribal girl from the Tapi district. The court emphasized the girl's mental condition, family background, and the advanced stage of pregnancy in its decision.Justice Nirzar S Desai presiding over the case, said, “Considering the facts that the report indicates that...

Gujarat High Court Quashes Compulsory Retirement Order Of Former Police Officer Criticized For Alleged Investigation Lapses In Arms Act Case

The Gujarat High Court has overturned the order of compulsory retirement imposed on a former Police Officer, highlighting critical lapses in the disciplinary proceedings against him. The division bench, comprising Justices A. S. Supehia and Mauna M Bhatt, ruled that the initiation of departmental proceedings based on trial court observations regarding an investigation into the Arms Act...