Gujarat High Court
Arbitrator's Finding Based On Proper Appreciation And Interpretation Of Prevalent Conditions: Gujarat High Court Dismisses Section 37 Appeal
The Gujarat High Court division bench of Chief Justice Sunita Agarwal and Justice Aniruddha P Mayee dismissed appeal under Section 37 of the Arbitration and Conciliation Act, 1996 noting that arbitrator's finding was based upon the proper appreciation and interpretation of the prevalent conditions and the site inspection along with the documents on record. Brief Facts: The...
Gujarat High Court Weekly Roundup: March 18 - March 24, 2024
Nominal Index [Citations: 2024 LiveLaw (Guj) 27 - 35]Govindbhai Ramjibhai Savani Versus The State Of Gujarat & Ors 2024 Livelaw (Guj) 27 Union Of India & Ors. Versus Dilip Wagheshwari S/O Danabhai Wagheshwari 2024 Livelaw (Guj) 28 Jatinbhai Prafulbhai Kakkad Versus State of Gujarat & Anr. 2024 Livelaw (Guj) 29 Hitesh Prabhudas Lodhiya Versus State Of Gujarat 2024 Livelaw (Guj)...
Including Additional Income In Absence Of Incriminating Material Is Outside The Purview Of Rectification Proceedings: Gujarat High Court
The Gujarat High Court has held that including additional income in the absence of incriminating material is outside the purview of rectification proceedings under Section 154 of the Income Tax Act, 1961.The bench of Justice Bhargav D. Karia and Justice Niral R. Mehta has observed that inclusion of the disclosure made by the assessee company would require long-drawn reasoning and debate,...
Gujarat High Court Dismisses PIL Filed By Daman Wine Merchant Association Seeking To Ban Coercive Measures Against Wine Shop Owners By Police
The Gujarat High Court on Tuesday dismissed a PIL filed by an association of liquor merchants from the Union territory of Daman seeking its intervention in stopping Gujarat police's action against them under Gujarat's prohibition laws when liquor sold by them is caught in Gujarat.The division bench comprising Chief Justice Sunita Agarwal and Justice Aniruddha Mayee observed, “We fail...
Merely Asking Someone To Retract Statement Would Not Amount To Provoking Them To Commit Suicide: Gujarat High Court
The Gujarat High Court has held that that merely asking an individual to retract their statement by filing another affidavit cannot be considered as instigating, inciting, or provoking the deceased to commit suicide.Justice Divyesh A Joshi observed, “Merely the accused asked the deceased to retract his version by filing another affidavit, would not in any manner be considered as an act...
Gujarat High Court Rejects Bail Plea Of Former IAS Officer Pradeep Sharma In Illegal Land Allotment Case
The Gujarat High Court on Wednesday rejected the regular bail plea of retired IAS officer Pradeep Sharma in connection to a 2023 case lodged at Bhuj in Kutch, in which Sharma is accused of corruption and criminal breach of trust for alleged illegal allotment of government land for monetary benefits as the then-collector of Kutch district.The court expressed reluctance to favor Sharma,...
'You Have No Rights': In Saturday Night Hearing, Gujarat HC Pulls Up Land Grabber Seeking Time To 'Lift' Encroachment Using Modern Tech
In a special Saturday hearing held at 9:30 PM, the Gujarat High Court pulled up an applicant involved in land grabbing for moving an urgent application seeking extension of time to "lift" the encroachments using hydronic lifting technology from government land.Presiding over the matter, Justice Nirzar S Desai said that in cases of pressing urgency Courts are open even at midnight "but for...
Manager Appointed Under Mental Health Act Cannot Execute 'Will' To Alienate Properties Of Person Of Unsound Mind: Gujarat High Court
In a recent ruling, the Gujarat High Court has dismissed an appeal, affirming that a Will is an instrument of free will that cannot be executed by a manager on behalf of a mentally ill person.A division bench of Chief Justice Sunita Agarwal And Justice Aniruddha P. Mayee observed, “On a conjoint reading of section 59 of the Indian Succession Act and Explanation 4 attached to it, as also...
Man Blocked Out Of Google Account Over Allegedly 'Explicit' Childhood Photos Moves High Court, Says Company's Redressal Mechanism Handled Only By AI
The Gujarat High Court has issued notice to Google India and others on a man's plea claiming that his email account is blocked for backing up allegedly "explicit child abuse" content on Google Photos.Neel Shukla, a computer engineer, said Google failed to inform him of the objectionable photos but he suspects that action is taken over a photo showing him being bathed by his grandmother when...
Gujarat High Court Grants Bail in Rs. 1466 Crore Alleged GST Scam Case
The Gujarat High Court has granted bail to a man in a case involving an alleged GST scam amounting to Rs. 1466 crores. This ruling came following an application filed by the accused under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with a case registered with the Directorate General of GST Intelligence, Rajkot,The Senior Advocate appearing on behalf of...
Gujarat High Court Grants Bail To Co-Accused In Rs. 700 Crore GST Scam Case Involving Tax Amount Of 35 Crores
The Gujarat High Court has dismissed a petition filed by the State against the order granting regular bail to an accused in a multi-crore scam case.The ruling came in a Criminal Miscellaneous Application filed under Section 439(2) of the Code of Criminal Procedure, 1973, whereby the petitioner State prayed to quash and set aside the order dated 11.11.2021, passed by the District and...
Gujarat High Court Grants Bail In Case Of Alleged Issuance Of Invoices Without Supply Of Goods Under CGST Act
The Gujarat High Court has granted bail for an individual implicated in a case related to an FIR filed under Sections 132(1)(b) and (1) of the Central Goods & Services Tax Act, 2017. The case revolves around the purported issuance of GST invoices without actual delivery of goods, allegedly resulting in a significant financial loss to the government treasury.Justice Divyesh A Joshi...