GST Appellate Tribunal Constituted But Not Functional: Gujarat High Court Stays Recovery Of Dues

The Gujarat High Court has stayed the order for recovery of dues on the grounds that, though the GST Appellate Tribunal was constituted, it was not functional.The bench of Justice Biren Vaishnav and Justice Mauna M. Bhatt has observed that though the Tribunal is constituted, it is still not functioning, and the competent authorities think it fit to issue orders of recovery, asking the...

Gujarat High Court To Prioritize Listing Of Bail Matters In Order Of Fresh Cases, Followed By Date-Fixed And Undated Matters

In a recent courtroom discussion, Chief Justice of Gujarat High Court, Sunita Agarwal, addressed the concerns raised by senior counsel Yatin Oza regarding the listing of bail matters. Oza submitted there is confusion in the current sequence of listing, where older bail petitions were placed at a lower priority compared to newer ones.Oza submitted that bail petitions filed two months ago...

Form No.10-IC Couldn’t Be Uploaded On ITBA Portal Due To Technical Problem: Gujarat High Court Allows Section 115BAA Concessional Tax Benefit

The Gujarat High Court has allowed the benefit of concessional tax under Section 115BAA of the Income Tax Act, as Form No.10-IC could not be uploaded on the Income Tax Business Application (ITBA) portal due to technical problems.The bench of Justice Biren Vaishnav and Justice Mauna M. Bhatt has observed that Form 10-IC was furnished by the assessee on January 29, 2022. Since the assessee...

'Stars On Your Shoulder Sign Of Great Responsibility': Gujarat High Court Criticises Police Over Failure To Assist In Preventing Cattle Menace

In a pivotal hearing today, the Gujarat High Court while sternly addressing the escalating issue of cattle menace in the state, summoned key government officials, including the Gujarat police commissioner, the municipal commissioner, and the principal secretary of the urban development department, to address the pressing concerns. The matter was being heard by a division bench comprising...

Gujarat High Court Criticizes Ministry Of External Affairs For Inaction In Finding 9 Indians Missing On Way From Dominica To USA

​​The Gujarat High Court reprimanded the Ministry of External Affairs (MEA) last week for its lack of action in locating and repatriating nine individuals who went missing in March during their unlawful journey to the United States.The division bench of Chief Justice Sunita Agarwal and Justice Aniruddha P Mayee expressed strong dissatisfaction with the Centre's response, criticizing the...

NCB Not Police Station, Accused Can't Seek Bail On Ground That Agency Did Not Record Secret Information In General Diary: Gujarat High Court

While denying bail to an accused under the NDPS Act, the Gujarat High Court has clarified that the Narcotics Control Bureau (NCB) does not qualify as a police station, and thus an accused cannot seek bail on the basis that the agency failed to document confidential information in the general diary.Justice Umesh A Trivedi observed,“Narcotics Control Bureau is not a police station so as to...

Commercial Court Can't Compel Personal Appearance Of RBI Regional Director On Spacious Ground Of Larger Public Interest: Gujarat High Court

The Gujarat High Court has set aside an order issued by the Commercial Court, emphasizing that the Commercial Court cannot direct the personal presence of a Regional Director of the Reserve Bank of India (RBI) on the vast ground of larger public interest. The Court expressed perplexity over the basis on which such an order was passed and asserted that it was beyond the Commercial Court's...

Gujarat High Court Invalidates Arbitral Awards Due To Unilateral Arbitrator Appointment By NBFCs

In a pivotal ruling, the Gujarat High Court has quashed and nullified three arbitral awards where non-banking financial companies (NBFCs) unilaterally appointed sole arbitrators. The court's decision was in line with the Apex Court's stance on Section 12(5) of the Arbitration and Conciliation Act, 1996.Justice Bhargav D Karia observed, “Thus, the Hon’ble Apex Court has held that a...

‘Sorry State Of Affairs’: Gujarat High Court Warns Of Contempt Action Against Officers Over Cattle Menace

The Gujarat High Court issued a stern warning to local authorities on Wednesday, expressing deep concern over the rampant cattle menace in the State. A division bench comprising Justices Ashutosh Shastri and Hemant M. Prachchhak indicated their intention to frame charges for contempt of court against the officers responsible for managing the cattle menace, describing the situation as 'a...

'I Was Wrong, It Shouldn't Have Happened': Gujarat HC Sr. Judge Apologises To Puisne Judge For Heated Exchange In Open Court

Justice Biren Vaishnav of Gujarat High Court, who had a heated exchange with Justice Mauna M. Bhatt yesterday, today apologises to her in open court in the presence of advocates and staff members. "What happened on Monday, shouldn't have happened. I was wrong. I am sorry for that. We begin a new session. It shouldn't have happened. It's just that, I don't know...I was wrong", Justice...

Gujarat High Court Weekly Round-Up: October 16 - October 22, 2023

[Citations: 2023 LiveLaw (Guj) 165-170]Judgements/Orders This Week[Habeas Corpus] Court Cannot Force Medical Tests To Ascertain Mental Stability Of Corpus: Gujarat High Court Case Title: Padmaben Rajendrabhai Vyas Versus State Of Gujarat LL Citation: 2023 LiveLaw (Guj) 165The Gujarat High Court, in a significant dissenting opinion from a previous order issued by the Coordinate Bench, has...

Kheda Flogging Of Muslim Men| 'Custodians Of Law & Order Shouldn't Become Depredators Of Civil Liberties': Gujarat HC In Contempt Order

Finding 4 Gujarat Police officers GUILTY of committing Contempt of Court (for violating Apex Court's DK Basu Guidelines) and sentencing them to undergo simple imprisonment of 14 days for publicly flogging Muslim men in the Kheda district last year, the Gujarat High Court on Thursday observed that the custodians of law and order should not become depredators of civil libertiesIn its 39-page...