Gujarat High Court Stays Proceedings Concerning GST Imposition On Transfer Of Leasehold Rights Of GIDC Land

The Gujarat High Court stayed the proceedings in respect of the issue related to the imposition of GST on the transfer of leasehold rights to Gujarat Industrial Development Corporation (GIDC) land and issued the notice to the department.The bench of Justice Biren Vaishnav and Justice Mauna M. Bhatt passed this order while presiding over a petition in respect of several notices that had...

Gujarat High Court Quashes Arrest Warrant Against BJP MLA Hardik Patel In 2015 Sedition Case

The Gujarat High Court on Monday quashed and set aside an arrest warrant order issued by a Sessions Judge in Ahmedabad district against BJP MLA Hardik Patel concerning a 2015 FIR under sections 121A, 124A, 120B IPC in connection with a violent agitation for quota for the Patidar community across the state. A bench of Justice Sandeep N. Bhatt passed this order after the...

BREAKING | Kheda Flogging Of Muslim Men: Gujarat HC Finds 4 Cops Guilty Of Contempt, Orders 14-Day Jail Term; Order Stayed For 3 Months

The Gujarat High Court today found 4 Gujarat Police officers GUILTY of committing Contempt of Court (for violating Apex Court's DK Basu Guidelines) and sentenced them to undergo simple imprisonment of 14 days for publicly flogging Muslim men in the Kheda district in October last year. However, the order of sentence has been stayed for three months following a request from the counsel of...

Co- Terminus Agreements Which Are Interdependent, Arbitration Clause In One Agreement Governs The Other : Gujarat High Court

The High Court of Gujarat has held that when wo agreements are co-terminus and their performance is interdependent, the arbitration clause in one agreement can be invoked for the other as well. The bench of Chief Justice Sunita Agarwal held that when two agreements are integrally related to each other and the performance of one is dependent on the other, then the absence of...

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...