Gujarat High Court Issues Notice On PIL Against Illegal Salt Mining In Wild Ass Sanctuary

The Gujarat High Court has issued notice to the State on a PIL seeking urgent remedial legal action to curb non-forest activities of alleged illegal salt mining and illegal extraction of minerals, without requisite and legal permissions in the Wild Ass Sanctuary. The division bench of the Acting Chief Justice A.J. Desai and Justice Biren Vaishnav further directed:“The present petition which...

Gujarat High Court Imposes ₹5000 Cost On Man For Seeking Custody Of Live-In Partner Who Is Married To Another Man

The Gujarat High Court dismissed a habeas corpus petition with Rs. 5000/- cost on the petitioner who was seeking custody of his live-in partner alleging that she was in illegal custody of her husband.The division bench of Justice Vipul M. Pancholi and Justice Hemant M. Prachchhak observed:“It is not in dispute that till today, the marriage of the petitioner is not solemnized with the...

No Notice Served On Assessee, Assessment Order Passed Without Giving An Opportunity Of Hearing: Gujarat High Court Quashes Order

The Gujarat High Court, while setting aside the assessment orders, held that the assessment under Section 153 read with Section 144 had been done by the assessing officer without giving the petitioner assessee an opportunity to be heard in terms of and within the meaning of Section 144 of the Act.The division bench of Justice N.V. Anjaria and Justice Niral R. Mehta has observed that...

Disciple Rape Case: Gujarat High Court Admits Self-Styled Godman Asaram's Appeal Against Conviction

The Gujarat High Court on Thursday admitted an appeal moved by Self Styled Godman Asaram challenging his conviction and sentence of life imprisonment awarded by a local court in a two-decade-old rape case.It may be recalled that in January this year, the Gandhinagar Court had found him guilty of committing offences under sections 376, 377, 342, 354, 357, and 506 of IPC for repeatedly raping...

Reassessment Notices Issued After Elapse Of Six Years: Gujarat High Court Quashes Assessment

The Gujarat High Court has held that the reassessment notices were issued after the lapse of six years and are therefore time-barred.The single bench of Justice Sonia Gokani has observed that the board's circulars and instructions are binding only on the departmental authorities and not on the court or the assessee.The petitioners/assessees challenged the reassessment notice dated July 26,...

Employee Terminated Due To Criminal Prosecution Not Automatically Entitled To Back Wages Upon Acquittal In Appeal: Gujarat High Court Reiterates

The Gujarat High Court on Monday reiterated that an employee who was terminated from services on account of criminal prosecution, would not be able to claim back wages automatically on the ground that he was subsequently acquitted. The single judge bench of Justice Sandeep N. Bhatt observed:“In view of peculiar facts of the present case, it is well settled that grant of back wages is never...

Chances Of 26 Weeks Old Foetus Surviving Extremely Low: Gujarat High Court Allows Rape Victim To Terminate Pregnancy

The Gujarat High Court recently permitted a rape victim to medically terminate her pregnancy of 26 weeks, stating that chances of survival of the foetus are extremely low at this gestational period.Justice Samir J. Dave observed,"according to Indian Medical Association guidelines, age of viability has been deemed to be 28 weeks of gestation or 1000 grams, both of which are not sufficed in...

Gujarat High Court Seeks State Govt's Reply On PIL Against Use Of Loudspeakers By Mosques For Azaan

The Gujarat High Court on Monday directed the Gujarat Government to file its reply on a Public Interest Litigation (PIL) plea seeking a direction to the state government to take appropriate measures for banning the use of loudspeakers in mosques for Azaan, 5 times a day, across the State.The bench of Acting Chief Justice A. J. Desai and Justice Biren Vaishnav passed this order while allowing...

Gujarat High Court Registers Suo Moto PIL Regarding Alleged Use Of Minors To Traffic/Supply Drugs In Ahmedabad

The Gujarat High Court today initiated a suo moto Public Interest Litigation (PIL) regarding the alleged use of minor girls to traffic/push drugs in the city of Ahmedabad. A notice has been issued to the State Government through the Secretary Home Department, the Director General of Police, the Women and Child Development Department, the State of Gujarat and the Inspector General of...

Appellate Court Should Not Interfere With Trial Court's Acquittal Order Merely Because Two Views Are Possible: Gujarat High Court

A bench of Justice Rajendra M.Sareen of Gujarat High Court confirmed the acquittal of the accused person charged under Sections 498(A), 306 and 114 of the Indian Penal Code, 1860 (IPC).The court reiterated that when two views are possible, the judgment and order of acquittal passed by the trial Court should not be interfered with by the Appellate Court unless for the special reasons.The...

Reversal of ITC At Midnight During Search And Seizure Operation Can't Be Treated As Voluntary Payment: Gujarat High Court Directs Refund

The Gujarat High Court has held that the reversal of input tax credit (ITC) at midnight during search and seizure operations can't be treated as a voluntary payment.The division bench of Justice Sonia Gokani and Justice Sandeep S. Bhatt has directed the department to reverse the ITC to the tune of Rs. 37,68,300 along with 6% interest.The petitioner is in the business of trading...

Father Lawful Guardian Of Child Below 5 Yrs, Removing Such Child From Mother's Custody Not Kidnapping U/S 361: Gujarat High Court

The Gujarat High Court recently reiterated that father being a natural and lawful guardian, removal by him of his son below 5 years of age from his mother is not an offence under Section 361 (Kidnapping from lawful guardianship) of IPC.While quashing the criminal proceedings against the applicants, the single judge bench of Justice Ilesh J. Vora observed:“In order to constitute an offence...