Gujarat High Court
Place Of Arbitration Is The Venue And Not The Seat Of Arbitration When There Is A Contradictory Exclusive Jurisdiction Clause: Gujarat High Court
The High Court of Gujarat has held that the place of arbitration is the venue and not the seat of arbitration when there is a contradictory exclusive jurisdiction clause. The bench of Chief Justice Sunita Agarwal held that the place where the arbitration is stated to be conducted would be the venue of arbitration when the agreement contains an exclusive jurisdiction clause that...
Centre Appoints Judicial Officer VK Vyas As A Judge Of Gujarat High Court
The Central Government today notified the appointment of Gujarat Judicial Officer Vimal Kanaiyalal Vyas as a Judge of the Gujarat High Court.His name was recommended by the Supreme Court Collegium earlier this month. On 7 February 2023, the Chief Justice of the High Court in consultation with his two senior-most colleagues made the above recommendation.To ascertain his suitability for...
Gujarat HC Refuses To Quash FIR Against SDPI Secretary For Allegedly Posting WhatsApp Message To Trigger Religious Enmity
The Gujarat High Court last week refused to quash an FIR lodged against one Mohammad Nausarka, Secretary of the Social Democratic Party of India (SDPI), for allegedly posting a WhatsApp message on a group with the intention to trigger enmity between two different religious groups (Hindus and Muslims). The bench of Justice JC Doshi whether the petitioner had the intention to...
'Willing To Provide Reservations In PhD Programmes': IIM Ahmedabad Informs Gujarat High Court After Initial Resistance
In a recent development, the Indian Institute of Management – Ahmedabad (IIM-A) has informed the Gujarat High Court of its willingness to provide reservations for Scheduled Caste (SC), Scheduled Tribe (ST), and Other Backward Class (OBC) candidates in its PhD program, reversing its earlier stance.A division bench of Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee was hearing...
‘New Automated Listing Of Cases System Is In Interest Of Institution, Adapt To It’: Gujarat HC Chief Justice Advises Advocates
Endorsing HC’s new circular introducing the System Generated Next Listing Date (SGNLD) system for listing of cases, the Gujarat High Court Chief Justice Sunita Agarwal today advised the lawyers to adapt to it and give themselves some time to adjust to it. The Chief Justice also stressed that the new system is in the interest of institutions and with time, things will settle...
Kheda 'Flogging' Of Muslim Men: Victims Refused To Accept Monetary Compensation From Cops, Gujarat HC Informed
Five Muslim men, allegedly beaten by the Police in Gujarat’s Kheda district last year, have refused to accept monetary compensation from the four policemen facing contempt of court charges, the Gujarat High Court was informed on Monday. Appearing before a bench of Justice AS Supehia and Justice Gita Gopi, Senior Advocate Prakash Jani appearing for the accused policemen informed...
Issue Of New Shares Is Not Transfer, Section 56(2)(vii)(c) Income Tax Act Not Invokable : Gujarat High Court
The Gujarat High Court has held that the shares that have been allotted to the assessee were not “received from any person,” which is the fundamental requirement for invoking Section 56(2)(vii)(c). The property must pre-exist for application of Section 56(2)(vii)(c), which is clear from the intention of the legislature”.The division bench of Justice Biren Vaishnav and Justice Bhargav...
HCLSC Says Using Empanelled Advocates Names' On Causelist Poses Challenges In Tracking Cases, Gujarat High Court Assures Resolution
In a recent development, the Gujarat High Court addressed the concerns raised by empanelled advocates of the High Court Legal Services Committee (HCLSC) regarding their ability to track cases on a day-to-day basis. The matter was brought before the division bench of Chief Justice Sunita Agarwal and Justice Niral Mehta last week.Advocate Nirad Buch emphasised the need for a resolution and...
[Habeas Corpus] Court Cannot Force Medical Tests To Ascertain Mental Stability Of Corpus: Gujarat High Court
The Gujarat High Court, in a significant dissenting opinion from a previous order issued by the Coordinate Bench, has ruled that individuals under a Habeas Corpus petition cannot be compelled to undergo medical tests to determine their mental stability.The Division Bench comprising Justice A. I. Supehia and Justice Gita Gopi held, “In our considered opinion, the respondent Nos.3 and 4 cannot...
S.14A SC/ST Act Overrides General Provisions Of Appeal Under CrPC: Gujarat High Court
The Gujarat High Court has held that the provision of appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Atrocities Act) overrides appeal preferred by original complainant/victim under Section 372 CrPC or by the State under Section 378(1)(3) of the Code.It held that appeals against any judgement, sentence or order arising out of...
PM Modi Degree Defamation Case | High Court Issues Notice To Gujarat Varsity On Arvind Kejriwal Plea Against Summons, No Stay On Proceedings
The Gujarat High Court today refused to stay the Defamation case proceedings against Delhi Chief Minister Arvind Kejriwal and Aam Aadmi Party's Rajya Sabha MP Sanjay Singh (pending in a Court in Ahmedabad) in their revision plea filed in connection with Prime Minister Narendra Modi's Academic degree.For context, both AAP leaders have moved the High Court seeking quashing of a summons issued by...
‘Huge Scam And An Offence Against The Society’: Gujarat High Court Rejects Fugitive Businessman Mehul Choksi's Plea Seeking To Quash 2017 Cheating Case
The Gujarat High Court dismissed a petition by fugitive businessman Mehul Chinubhai Choksi, former chairman and managing director of Gitanjali Gems, seeking to quash a First Information Report (FIR) against him. The FIR alleged Choksi's involvement in duping a woman through a franchisee of his firm Gitanjali Jewellery.Justice Sandeep N Bhatt observed, “Due to such fraudulent act and closure...