Gujarat High Court
[GNLU-Queerphobia, Rape Allegations] High Court Expresses Intention To Present Fact-Finding Panel's Report To Varsity's General Council
The Gujarat High Court has expressed its intention to present the fact-finding committee's report pertaining to rape allegations made by a second-year law student of the Gujarat National Law University (GNLU) against her batchmate and harassment of a queer student at the University, to the varsity's General Council.The division bench of Chief Justice Sunita Agarwal and Justice Aniruddha Mayee...
Corruption Can Erode Trust In Institutions, Stifle Growth & Exacerbate Social Inequality, Must Be Dealt With Strictly: Gujarat High Court
While rejecting an anticipatory bail application filed by a Ward Inspector of the Ahmedabad Municipal Corporation (AMC) in connection with a corruption case, the Gujarat High Court underscored that corruption not only undermines the nation's economic progress but also has far-reaching consequences on social and political spheres. The Court further opined that corruption can corrode trust...
Gujarat High Court Issues Notice On State Karni Sena Chief's Protection Plea Against Lawrence Bishnoi Gang
Gujarat's head of Rashtriya Kshatriya Karni Sena, Dr. Raj Shekhawat, has approached the High Court seeking police protection, citing apprehensions of threat to his life. This move comes in light of the recent murder of Rajasthan's Karni Sena head, Sukhdev Gogamedi, who was fatally shot in Jaipur in December 2023. Dr. Shekhawat expressed concerns of being targeted by the Lawrence...
Allegations Of Fraud, Misappropriation With No Public Implication Doesn't Make Dispute Non-Arbitrable: Gujarat High Court
The Gujarat High Court single bench of Chief Justice Sunita Agarwal held that the High Court noted that allegations in criminal proceedings regarding fraud and misappropriation of funds, being inter se parties and having no public implications, do not make the dispute non-arbitrable. Brief Facts: The matter revolved around the partnership firm M/s. Om Polyplast, through a...
Chanting "Modi Hai Toh Mumkin Hai" & Displaying Victory Sign Not Election Canvassing: Gujarat HC Quashes FIR Against Former MLA
The Gujarat High Court while quashing an FIR against former MLA Vibhavriben Vijaybhai Dave for allegedly violating the model code of conduct during the 2019 elections has ruled that chanting "Modi hai toh mumkin hai" and displaying the victory sign would not be considered election canvassing.Justice Cheekati Manavendranath Roy held, “As rightly contended by learned Senior Counsel for...
Gujarat High Court Weekly Round-Up: February 26 - March 03, 2024
Nominal Index [Citations: 2024 LiveLaw (Guj) 17-22 ]Real Prince Spintex Pvt. Ltd. Versus Union Of India 2024 LiveLaw (Guj) 17Shyamlal Rupchand Parwani Versus The Assistant Commissioner Income Tax , Central Circle 1(1) (1) 2024 LiveLaw (Guj) 18Amit Dineshchandra Patel Versus Reserve Bank Of India 2024 LiveLaw (Guj) 19Shyamlal Parag Nathalal Haria Versus State Of Gujarat 2024 Livelaw (Guj)...
Court Cannot Sit In Appeal Over Arbitral Award And Re-Examine The Merits: Gujarat High Court Dismisses Section 34 A&C Appeal
The Gujarat High Court division bench of Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee held that Court cannot sit in appeal over the arbitral award and re-examine the merits. It held that it is not permissible for a court to reappreciate the evidence on record.Further, it held that the arbitral award cannot be interfered with where on interpretation of any contract or document,...
Lender Banks Required To Provide Audit Reports To Borrowers & Allow Representation Before Classifying Accounts As Fraud: Gujarat High Court
The Gujarat High Court while partly allowing a special civil application has emphasized the importance of lender banks affording borrowers the opportunity to review audit reports and present their case before categorizing an account as fraudulent. The court stressed the need for lenders to provide a copy of audit reports and allow a reasonable window for borrowers to submit...
Gujarat High Court Grants Regular Bail to Accused in Rs. 67.72 Crore GST Fraud Case
In a notable legal development, the Gujarat High Court has granted regular bail to Parag Nathalal Haria, who was implicated in an alleged Goods and Services Tax (GST) fraud amounting to Rs. 67.72 crores.The ruling came in an Application filed under Section 439 of the Code of Criminal Procedure for enlarging the Applicant on Regular Bail in connection with F.No. GEXCOM / AE / INV / GST / 8107...
Gujarat High Court Directs Authorities To Follow Court Orders In IGST Refund Case
The Gujarat High Court, in its decision on a special civil application, while emphasising the binding nature of its directions on respondent-authorities, stated that once the Court issues directions, they hold authority over the respondent-authorities, and consequently, the respondent-authorities are obligated to adhere to the directions issued by the Court when exercising their powers...
Gujarat High Court Refuses To Interfere With Section 153C Income Tax Notice, Allows Assessee To Raise Objections
In a judgment with significant implications, the Gujarat High Court has declined to intervene in a case challenging the validity of notices issued under Section 153C of the Income Tax Act, 1961.The petition challenged the validity of several notices and orders issued under the Income Tax Act, 1961. Specifically, it challenges a notice dated 09.06.2022 for the Assessment Year 2014-15 under...
Bilkis Bano Case | 2 Convicts Withdraw Plea As Gujarat HC Expresses Disinclination To Grant Parole For Navchandi/Vastu Puja
Two convicts in the Bilkis Bano gangrape case on Thursday withdrew their petitions, seeking parole for Navchandi and Vaastu puja before the Gujarat High Court as the single judge expressed his disinclination to allow the relief. When the matter came up for hearing before a bench of Justice Divyesh Joshi, the court orally remarked 'rejected' and that is when the counsel for the Convict...