Requirement Of Serving Notice On Other Party For Appointment Of Arbitrator Is Dispensed With In Statutory Arbitration: Gujarat High Court

The Gujarat High Court Bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi held that the arbitration proceedings under consideration is not a commercial arbitration, but a statutory arbitration. The Arbitrator is appointed pursuant to the provisions of Section 84(5) of the Multi State Co-operative Societies Act. The appointment of the Arbitrator is made by the State...

Award In Which Serious Allegations Of Fraud Are Not Decided Must Be Set Aside On Grounds Of Patent Illegality: Gujarat High Court

The Gujarat High Court Bench of Chief Justice SUNITA AGARWAL and Justice PRANAV TRIVEDI affirmed that if serious allegations of fraud are raised that the arbitration agreement was entered into by fraud and collusion and such allegations are not decided by the Arbitrator while passing an award, such an award is liable to set aside on the ground of patent illegality under section 34 of...

All Proceedings Conducted On 'Illegal' Game Zone Points To Town Planning Officer, File Didn't Reach Ex-Municipal Commissioners: Gujarat HC

Examining the affidavits of two former Rajkot Municipal Commissioners pertaining to the TRP Game Zone fire, the Gujarat High Court said that while all proceedings pertaining to the coming up of the establishment was illegal at the level of the Town Planning Officer (TPO), however it appeared that at no stage the file travelled to the concerned Municipal Commissioners. The high court had in...

Cash Canteen Subsidy Qualifies As Cash Value Of Food Concession And Is Included In Dearness Allowance: Gujarat High Court

The Gujarat High Court has ruled that a monthly cash canteen subsidy of ₹475 provided to employees by Reliance Industries Ltd. qualifies as part of the dearness allowance under Explanation 1 to Section 6 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act). This classification determines whether provident fund (PF) contributions are required on the...

Gujarat High Court Quashes Chargesheet Against Govt Official For Renewing Passport Without NOC, Deems It "Administrative Lapse"

In the significant case, the Gujarat High Court bench of Justices A.S. Supehia and Gita Gopi has quashed a charge sheet issued against Charu Bhatt, who was serving as a Director of Accounts and Treasury, who was accused of renewing her passport in 2013 without obtaining a No Objection Certificate (NOC) from the State Government.While two other charges related to passport procurement...

GST Rate On Bricks With Less Than 90% Fly Ash Content To Be Charged At 5% Instead Of 18%: Gujarat High Court Clarifies

The Gujarat High Court on 25th September (Wednesday) held/clarified the Goods and Services Tax (GST) applicable to fly ash bricks and blocks with less than 90% fly ash content. The court ruled that the products qualify for the lower GST rate of 5%, than 18% GST rate on products not meeting the 90% fly ash threshold and quashed and aside the orders of the Advance Ruling Authority and...

Gujarat High Court Grants Bail To Alleged Nepali Citizen Booked For Forging Indian Passport By Using ID Of Another

The Gujarat High Court last week granted regular bail to a man–allegedly a Nepali citizen, who was booked for forging an Indian passport by using "forged ID proof and other documents" in the name of another individual. In doing so the high court reiterated the “bail is rule and jail is exception” principle and that prolonged pre-trial detention could equate to “pre-trial...

Legal Aid Clinics In All Jails, Mental Well-Being Of Inmates: Gujarat State Legal Services Authority Implements SoP For Prison Reforms

Gujarat High Court Chief Justice and Patron-in-Chief of the State Legal Services Authority (GSLSA) Justice Sunita Agarwal has developed an exhaustive Standard Operating Procedure (SOP) titled "Prison Reforms" which aims to enhance legal services for jail inmates who have been incarcerated for extended periods.The launch of this initiative was emphasised during the release of a compiled book...

'Serious Misconduct': Gujarat HC Declines Plea By Govt Officer Debarred From Taking Class-I Officer's Exam For 'Misbehaving With Invigilator'

While dismissing a plea by a government officer debarred from the Gujarat Public Service Commission (GPSC) 2023-2024 due to her alleged misconduct in preliminary examination, the Gujarat High Court observed allegations against the officer were serious and not expected from a person appearing in Class-I officer's exam. The petitioner officer moved the high court challenging the order of...

Mentioning Proposed Penalty In Declaration Under SVLDR Scheme Not Incorrect: Gujarat HC

The Gujarat High Court has held that Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS) is applicable to any show cause notice for penalty/late fee, irrespective of whether it is under adjudication or appeal. A division bench of Justices Bhargav D. Karia and Mauna M. Bhatt cited FAQs of the scheme as per which, any person who has a show cause notice (SCN) for demand...

AIBE 2024: Gujarat HC Asks State Bar Council To Give Provisional Certificates To Law Graduates From Govt/ Aided Colleges Not Approved By BCI

The Gujarat High Court, in an interim order, asked the Bar Council of Gujarat to accept the enrolment forms of "all similarly situated law graduates" from government and grant-in-aid law schools in the State which are not approved by Bar Council of India, and to issue provisional certificate of practice enabling the students to appear in the All India Bar Examination (AIBE) 2024. The exam...

'Far Fetched' To Say That Child Must Study In 'English Medium School' To Progress In Life: Gujarat High Court In Custody Dispute Case

While hearing a custody dispute case, the Gujarat High Court underscored that the welfare of a child cannot be judged by the medium of their school especially when they are toddlers and to say that one needs to study in an English medium school from the beginning to progress in life, is a far fetched argument. Noting that the family court had recorded that in the present case the...