Gujarat High Court Quarterly Digest [Jan – Mar 2024]

Nominal Index [Citations: 2024 LiveLaw (Guj) 1-36 ]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 ...

'No Instigation': Gujarat High Court Grants Relief To Teacher Booked For Abetting Student's Suicide By Slapping Him In Class

The Gujarat High Court has quashed the FIR lodged against a school trustee and teacher from Surat for allegedly abetting a student's suicide. The student, an 18-year-old in 12th grade at Samarpan School, had ended his life by jumping from the 11th floor of an apartment in 2016.The Court held that disciplinary action taken for the welfare of the student cannot be construed as grounds for...

Gujarat High Court Pulls Man For Accusing Judge Of 'Manipulating' Order, Prohibits Him From Appearing As Party In Person

The Gujarat High Court has taken strong exception to the pleadings of a party-in-person for accusing a sitting judge of manipulating the judicial order and it has prohibited him from appearing as party-in-person.Chief Justice Sunita Agarwal also directed the Registry to initiate contempt action against Jatin Sitabhai Patel. “The assertions made by the party in person in the court and...

[Bhavnagar Sewer Death] Gujarat High Court Rebukes State's FIR Against Surviving Sanitation Worker For Allegedly 'Wilfully Entering' Septic Tank

The Gujarat High Court strongly criticized the state government for filing an FIR against a contractual sanitation worker who entered a septic tank wilfully. The court emphasized that it was unfair to hold the worker responsible as he was merely trying to support his family.This rebuke came during a hearing of a public interest litigation filed by the NGO Manav Garima, which seeks...

GNLU Constitutes Committee Headed By Former SC Judge Indu Malhotra To Review Varsity's Affairs Following Sexual Harassment Allegations

The Gujarat National Law University has constituted a High Level Review Committee (HLRC) tasked with evaluating the university's performance over the last five years, following recent complaints of sexual harassment within the institution.The varsity informed the High Court, which had taken suo moto taken cognizance of rape allegations levelled by a second-year law student against her...

Gujarat High Court Restrains Google India From Deleting User's Account Over Alleged 'Child Abuse' Photo Uploaded To Drive

The Gujarat High Court has intervened in a case involving Google India, restraining the tech giant from deleting the Google account of a 24-year-old engineer, Neel Samir Shukla. Shukla had found himself locked out of his account after allegedly uploading childhood photos onto his Google Drive, including one depicting him being bathed by his grandmother when he was two years old.Justice...

More Than Three-Decade-Old Appeals Still Pending: Gujarat High Court Directs State To Streamline Process Governing Criminal Appeals

The Gujarat High Court, observing a backlog of three decades worth of Old Appeals, has directed the State to overhaul the process overseeing criminal appeals.In their ruling, Justices AS Supehia and Vimal K Vyas emphasized the need for the State authorities to adhere to the court's previous directives, urging them to establish a mechanism for addressing the backlog of old criminal appeals....

Difficult To Assess Income Of Husband Working In Unorganized Sector, Courts Have To Do Small Guesswork In Maintenance Pleas: Gujarat HC

Stressing that it is difficult to assess the income of the self-employed husband working in the unorganized sector, the Gujarat High Court has observed that in such scenarios, the Family Courts have to take small guesswork to determine the husband's income. A bench of Justice JC Doshi also added that in a proceeding under Section 125 CrPC, there is a tendency to avoid placing...

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...