Adequate Hearing Opportunity Given: Gujarat High Court Dismisses Black Stone Corporation's Petition, Directs to Appeal Under Section 107 of GST Act

The Gujarat High Court has dismissed a writ petition filed by Black Stone Corporation Private Limited, observing that the petitioner was afforded an adequate hearing opportunity. The court directed the petitioner to avail the alternative efficacious remedy under Section 107 of the GST Act to challenge the impugned order before the appellate authority.Black Stone Corporation had challenged...

Gujarat High Court Grants Bail To Metal Industries Proprietor In Rs. 6.67 Crore GST Evasion Case

The Gujarat High Court has granted bail in a case of GST evasion amounting to Rs. 6.67 Crores to the proprietor of Metal Industries, a business engaged in manufacturing and trading brass products, metal scrap, etc. in Jamnagar after 79 days of costJustice MR Mengdey presiding over the case, held, “In the facts and circumstances of the case and considering the nature of the allegations...

Gujarat High Court Upholds 12% GST On Mango Pulp Since GST Inception, Rejects Petitioner's Claims For Lower Tax Rate

The Gujarat High Court has upheld the imposition of a 12 percent tax on Mango Pulp since the inception of GST. The court clarified that Circular No. 179/11/2022-GST dated August 3, 2022, and Notification No. 06/2022 dated July 13, 2022, simply reinforce that mango pulp falls under the 12 percent GST bracket, specifically after the inclusion of "Mangoes (other than mangoes, sliced,...

Notified Area Authority, Vapi Is Neither A 'Local Authority' Nor 'Governmental Authority: Gujarat High Court

The Gujarat High Court has ruled that the Notified Area Authority, Vapi, does not qualify as a local authority or governmental authority. As a result, the Solid Waste Management and recycling services provided to it are not eligible for exemption under Notification No. 12/2017-State Tax (Rate) dated 30th June 2017.The division bench, comprising Justice Bhargav D. Karia and Justice Niral M....

Gujarat High Court Directs State, Universities To Clarify Student Allotment To Non-BCI Approved Law Colleges

On a plea by eight law colleges in the State seeking recognition by the Bar Council of India (BCI), the Gujarat High Court today instructed the State to file an affidavit explaining whether a law college not recognized or approved by the BCI can be allotted students by the government.The High Court also sought similar affidavits from the universities to which these eight law colleges...

Student Provisionally Permitted To Appear In Board Exams Despite Low Attendance Seeks Gujarat High Court's Intervention To Sit For Supplementary Exam

Following directives from the Gujarat High Court, the Central Board of Secondary Education (CBSE) disclosed the results of a Class 10 student from Gandhinagar's Delhi Public School on Tuesday who was permitted to sit for the Board exams on the court's order despite being initially deemed ineligible due to insufficient attendance. The result had been placed in a sealed cover earlier.The court...

Stamp Authorities Cannot Levy Duty Twice On The Same Sale Consideration For Transfer Of An Immovable Property: Gujarat High Court

In a significant legal decision regarding the imposition of stamp duty on property transactions, the Gujarat High Court has ruled that Stamp Authorities cannot levy Stamp Duty twice on the same sale consideration for transfer of an immovable property, when sale consideration was paid at the stage of execution of the Agreement to Sell and the Stamp Duty was paid on the entire sale consideration...

Termination Of Services Without Prior Notice Violates Principles Of Natural Justice, Gujarat High Court Directs Forest & Environment Department To Reinstate Workmen

The Gujarat High Court single-judge bench of Justice Hemant M. Prachchhak held that the termination of services of Workmen without issuing any prior notice violates the principles of natural justice. It was noted that the Forest and Environment Department (Gujarat) illegally terminated the services of its Workmen, to deprive them of benefits under the Government Resolution dated October...

Gujarat High Court Weekly Roundup: May 6 - May 12, 2024

Nominal Index [Citations: 2024 LiveLaw (Guj) 60-65]Executive Engineer - Uttar Gujarat Vij Company Ltd Versus Patel Rasikbhai Rangabhai & Anr. 2024 LiveLaw (Guj) 60 Kiranbhai Harkishandas Patel Alias Kiranbhai Harkishandas Bhandari vs M/S Meet Chetans Private Limited 2024 LiveLaw (Guj) 61 Naran Devashi Meheshwari & Anr. Versus State Of Gujarat & Ors. 2024 LiveLaw (Guj) 62...

'Utterly Failed In Discharge Of His Duty': Gujarat High Court Criticises GNLU Director For Silence On Varsity's Stand In Campus Harassment Case

The Gujarat High Court has expressed displeasure at the director of Gujarat National Law University (GNLU) for his silence regarding the university's stance in court proceedings related to alleged harassment and sexual abuse on campus.The Court disposed of the suo motu PIL on 1st May after accepting GNLU registrar's apology and assurance by the university to improve administration. However,...

The Labour Court Must Give The Employer An Opportunity To Be Heard Before Concluding The Enquiry : Gujarat High Court

The Gujarat High Court division bench of Justice Biren Vaishnav and Justice Pranav Trivedi held that if the inquiry conducted by the employer was found illegal or violative of principles of natural justice, the Labour Court is legally obligated to provide an opportunity of hearing to the employer before deciding the matter. The bench concluded that both the Single Judge bench and the...

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...