Gujarat High Court Weekly Round-Up: April 22 - April 28, 2024

Nominal Index [Citations: 2024 LiveLaw (Guj) 45-52]Shiv Crackers Vs Chief Commissioner of CGST & C.E. & Anr. 2024 Livelaw (Guj) 45Amod Anil Bhave Versus State Of Gujarat 2024 LiveLaw (Guj) 46Sarvaiya Rajubhai Bachubhai Versus State Of Gujarat & Ors. 2024 LiveLaw (Guj) 47Shankarbhai Rathava & Ors. Versus Gujarat Public Service Commission & Ors 2024 LiveLaw (Guj)...

Gujarat High Court Directs GNLU Registrar To Apologize For Mishandling Rape Allegation Case

The Gujarat High Court has directed the Registrar of Gujarat National Law University (GNLU) to submit an apology for initially failing to file a complaint and subsequently submitting an affidavit to the Court, claiming that nothing had occurred and urging the Court to close the matter over allegations of rape.During a previous hearing on February 28, the Court had verbally remarked,...

Under Section 33 Of The A&C Act, The Arbitrator Can Interpret Its Original Award And Give An Additional Award: Gujarat High Court

The High Court of Gujarat has held that after an award is delivered by the arbitrator, it can entertain an application under Section 33 of the A&C Act and correct any typographical errors or provide an interpretation on the award by making an additional award.The bench of Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee held that the arbitrator can provide calculations by way of...

Gujarat High Court Allows CENVAT Credit On Welding Electrodes, Welding Wire, Etc. Used For Laying Rail Lines Outside Factory

The Gujarat High Court has allowed the cenvat credit on welding electrodes, welding wire, etc. used for laying rail lines outside factories.The bench of Justice Bhargav D. Karia and Justice Niral R. Mehta, while dismissing the appeal of the GST department, observed that CESTAT has correctly allowed the Cenvat credit on inputs, i.e., welding electrodes, wire FLR, filler wires, welding wires,...

Morbi Tragedy| 'It Wasn't An Act Of God; You Played With Public Property': Gujarat HC Presses 'Oreva' For Comprehensive Victims' Rehabilitation Plan

Following the issuance of a contempt notice against Jaysukh Patel, director of Oreva company, for non-compliance with court orders and causing delays, the company has issued an apology, which the Gujarat High Court has accepted today and decided not to pursue contempt proceedings against the managing director, for the 'time being'However, the division bench, led by Chief Justice Sunita...

Award By MSEF Council Cannot Be Challenged In Writ, Remedy Under Section 34 Of A&C Act Must Be Availed: Gujarat High Court

The bench of Justice Vaibhavi D. Nanavati of Gujarat High Court has held that an award passed by MSEF Council under Section 18 of the MSMED Act cannot be directly challenged in a writ petition and the aggrieved party has to challenge it under Section 34 of the A&C Act. The Court relied upon the judgment of the Supreme Court in India Glycols Ltd., Vs. Micro and Small...

Procedural Requirements Of Retrenchment Notice And Payment In Lieu Of Notice Must Be Fulfilled Under Both S. 25F of ID Act And State Rules: Gujarat High Court

The Gujarat High Court division bench of Justice Biren Vaishnav and Justice Pranav Trivedi summarily dismissed an appeal filed against Trivedi Crafts, an Ahmedabad-based marble dealer. The bench perused Section 25F of the Industrial Disputes Act and Rule 80B of the Industrial Disputes (Gujarat) Rules, 1996 and held that the procedural requirements of retrenchment were duly followed by...

Alcoholic Ayurvedic Medicine? High Court Says Proceeding Under Drugs & Cosmetics Act Doesn't Preclude Action Under Gujarat Prohibition Act

The Gujarat High Court has affirmed charges invoked against a pharmaceutical firm owner for allegedly violating State's prohibition law by selling intoxicating substances as ayurvedic medicine, clarifying that action under the Drugs & Cosmetics Act does not exempt an individual from prosecution if a case is made out under the Gujarat Prohibition Act, 1949.Bench of Justice Hasmukh D....

Lion Deaths: Gujarat High Court Calls For High-Level Enquiry Into Working Of Forest And Railway Depts, Slams Their "Face Saving" Probe

The Gujarat High Court has expressed strong displeasure at the "face saving" enquiry conducted by the Railways and Forest Department into the unnatural deaths of three Asiatic lions on railway tracks in Amreli district.“We are initiating a high level enquiry into the working of railways and the forest department,” Chief Justice Sunita Agarwal orally remarked. She pointed that the...

'In Larger Public Interest': High Court Directs Father-Son Duo To Vacate Flats For Redevelopment Of Dilapidated Building In Ahmedabad

The Gujarat High Court recently directed a father-son do to vacate their flats in a Ahmedabad society, to facilitate the redevelopment of the 'dilapidated, dangerous, and ruinous' structure, enabling society members to receive 3BHK flats instead of their current 1BHK ones.Presiding over the case, Justice Vaibhavi Nanavati emphasized the significance of redevelopment in the larger public...

Lok Sabha Elections: Gujarat High Court Declares Public Holiday On May 7

The Gujarat High Court has announced May 7, 2024, as a public holiday for the High Court and its associated offices, as well as for the District Judiciary across the state. This decision comes in light of the upcoming General Election to the Lok Sabha and the by-elections for five Assembly Constituencies in Gujarat.A notification issued on April 19, 2024, stated, "Pursuant to the Order passed...

Gujarat High Court Refers Advocate's Conduct To Bar Council For Failing To Represent Client Despite Court Orders, Imposes ₹5K Fine

The Gujarat High Court has imposed a Rs 5,000 fine on an advocate for repeatedly failing to represent his client despite specific court orders. Additionally, the court has decided to forward Advocate Prashant V. Chavda's conduct to the Bar Council of Gujarat for further scrutiny. The Court remarked that Chavda's behaviour did not uphold the standards of the legal profession, and emphasized...