Gujarat High Court
Income Tax Act | Valid Show-Cause Notice Crucial For Recovery Under Section 179: Gujarat High Court
In a recent ruling, the Gujarat High Court has set aside an Income Tax Liability Order, highlighting the crucial requirement of a valid show-cause notice for recovery under Section 179 of the Income Tax Act, 1961.The above ruling came in a petition challenging the order dated 27.03.2019 under Section 179 of the Income Tax Act, 1961 against the petitioner holding him in his capacity as a...
District Collector Honeytrap Case: Gujarat High Court Grants Bail To Accused RAC, Says S.354C IPC Not Attracted Against Women
The Gujarat High Court has granted bail to a female Resident Additional Collector who was implicated in a case involving the installation of spy cameras in the office chamber of the District Collector, Anand. The court ruled that Section 354C of the Indian Penal Code (IPC), which pertains to voyeurism, is not applicable to women.According to the established facts of the case, the...
Gujarat High Court Denies Bail To Accused Involved In Fake Passport Scam, Says He May Use International Contacts To Flee
In a recent ruling, the Gujarat High Court denied bail to an accused individual facing charges related to the creation of forged passports and fraudulent visa stickers for various foreign countries, emphasizing the possibility that if released on bail, the accused might leverage these connections to evade legal consequencesJustice Nirzar S Desai observed, “Considering the fact that...
No Prosecution Under Copyright Act For Sale Of Duplicate Spare Parts Of Computer Hardware: Gujarat High Court
The Gujarat High Court has ruled that duplicate spare parts of computer hardware are not literary, musical or artistic works and therefore an FIR cannot be lodged for violation of the Copyright Act, 1957 for their sale.Justice Sandeep Bhatt while quashing the FIR observed, “Apart from that, even if, the FIR is taken at its face value, it refers to items, which do not fall within the...
Gujarat High Court: Protection Granted U/S 32A(2) & 33(5) Of IBC Overrides The Power Of Enforcement Directorate To Attach The Properties Under PMLA
The Gujarat High Court has held that the protection granted under Section32A(2) and Section 33(5) of the Insolvency and Bankruptcy Code, 2016 (“IBC”) would override the power of Enforcement Directorate to attach the properties under Section 5 of the Prevention of Money Laundering Act, 2002 (“PMLA”). A single bench of Justice Vaibhavi D. Nanavati said that...
Gujarat High Court Inaugurates Dedicated Medical Facility For Stakeholders
In a collaborative effort between the Chief Justice and Judges of the Gujarat High Court and the Health Ministry of the Government of Gujarat, a state-of-the-art medical facility was inaugurated at Entry Gate No. 5 of the High Court premises.The inauguration ceremony, held on November 9, 2023, saw the presence of the Health Minister of Gujarat, Mr. Rushikesh Patel, Chief Justice Mrs....
Gujarat High Court Weekly Round-Up: November 6 To November 12, 2023
Nominal Index [Citations: 2023 LiveLaw (Guj) 177 - 182Pradeep Nirankarnath Sharma Versus State Of Gujarat 2023 LiveLaw (Guj) 177Ajayraj @ Vijendrasinh Kirodilal Meena Versus State Of Gujarat 2023 LiveLaw (Guj) 178NXGN Sports Interactive Private Limited Versus Union Of India 2023 LiveLaw (Guj) 179Bharatkumar Pravinkumar And Co. Versus State Of Gujarat 2023 LiveLaw (Guj) 180Arvind Kejriwal...
Gujarat High Court Stays Eviction Notice Concerning Hazrat Kalu Shaheed Dargah In Ahmedabad Till January 2024
The Gujarat High Court on Friday directed the Rail Bhavan and the railways' authorities to maintain the status quo on an eviction notice issued to the management of the Kalu Shaheed Dargah located near Ahmedabad’s Kalupur railway station. A Bench of Justice Vaibhavi D. Nanavati passed this order while dealing with a plea filed by the caretaker of the Dargah (Sabirhusen Malek) seeking...
Court Record Tampering: Gujarat High Court Surprised Over Lack Of CCTV Cameras In Registry
The Gujarat High Court has expressed astonishment over the absence of a comprehensive CCTV camera system in its Registry department, raising concerns over security and transparency. Although some parts of the department have CCTV cameras installed, the Court noted the absence of a full-fledged system.In response to this revelation, the Court has directed the Registry to take appropriate...
Cash Can’t Be Considered As Goods For The Purpose Of Seizure Proceedings Under GST: Gujarat High Court
The Gujarat High Court has recently delivered a verdict on the issue of the seizure of cash under the Goods and Services Tax (GST) Act, clarifying that cash does not qualify as "goods" for the purpose of seizure proceedings.The judgment delivered by the division bench of Justices Biren Vaishnav and Mauna M. Bhatt, emphasized that retaining seized cash for more than six months without issuing...
Gujarat High Court Upholds Property Transfer To Muslim Man In 'Disturbed Area', Says Act Meant To Curb Distress Sales Not Bonafide Transactions
The Gujarat High Court has rejected a petition filed under Disturbed Areas Act opposing the transfer of a property in Vadodara from a Hindu woman to a Muslim couple. The petition, filed by five neighbors of the property holder, aimed to annul the deputy collector's decision allowing the registration of a sale deed under the Disturbed Areas Act.Justice Vaibhavi Nanavati said, “Once the sale...
Arvind Kejriwal's Review Petition Despite University Record Of PM Narendra Modi's Degree Not In Good Taste: Gujarat High Court
The Gujarat High Court has observed that Delhi Chief Minister Arvind Kejriwal's persistence in challenging Prime Minister Narendra Modi's qualifications despite an undisputable record produced by the Gujarat University is not in good taste.While dismissing Kejriwal's review petition against its order setting aside CIC's direction to disclose information on degrees held by the Prime...