Whether Girl Wants To Terminate Pregnancy Or Give Birth Is 'Purely Her Wish': Says Gujarat High Court, Permits Father To Withdraw Plea

While hearing a man's plea seeking termination of his minor daughter's 25 week pregnancy, the Gujarat High Court orally said on Wednesday that the girl's consent was required before termination and her parents cannot force her to terminate the pregnancy. The court thereafter permitted the father to withdraw the petition and disposed of the matter. The petition was filed seeking termination...

Supreme Court's Directions On Police Reform 'Fallen On Deaf Ears': Gujarat High Court On Alleged Police Brutality Against Senior Citizen

Directing the Gujarat government to ensure proper functioning of State Police Complaints Authority (GSPCA) in a case concerning alleged police brutality meted out to a senior citizen, the Gujarat High Court said that the Supreme Court's directions on police reforms, misuse of power has "fallen on deaf years" despite being passed over a long passage of time. Referring to the Supreme Court's...

Assessing Officer Can't Issue Reassessment Notice On Mere 'Change Of Opinion' About Material Already Available At Time Of Scrutiny: Gujarat HC

The Gujarat High Court has reiterated that an Assessing Officer under the Income Tax Act 1961 cannot issue notice for re-assessment of income under Section 148, on mere “change of opinion” on the material which was already furnished by the assessee at the time of scrutiny under Section 143(2).Division bench of Justice Bhargav D. Karia and Justice Niral R. Mehta observed, “In our...

Can Police Lodge FIR For Tax Evasion Or Is Income Tax Department The Correct Authority To Initiate Proceedings? Gujarat High Court Asks

While hearing a man's plea seeking quashing of a cheating FIR lodged in connection with alleged tax evasion, the Gujarat High Court on Tuesday (September 24) orally asked the State whether the police can lodge an FIR for tax evasion or is the income department department the "correct authority" to initiate such proceedings.The high court thereafter passed an interim order protecting the man...

Gujarat High Court Upholds Award Passed By Industrial Tribunal Based On Principle Of 'Equal Pay For Equal Work'

A division Bench of the Gujarat High Court comprising of Justices A S Supehia and Mauna M Bhat of the Gujarat has held that if employees who perform similar duties as their colleagues aren't given benefits such as allowances attached to a pay structure, it will be discriminatory and against the principle of 'equal pay for equal work'.Background:A settlement was entered into between...

Gujarat HC Pulls Up GST Authority Over “Cryptic” SCN For Cancelling Registration Despite 2022 Directions

The Gujarat High Court on Friday criticized the GST authorities over their failure to comply with two years old guidelines issued by it in Aggrawal Dyeing & Printing vs. State of Gujarat (2022) for issuance of reasoned show cause notices (SCN) for cancellation of GST registration.In that case, the HC had directed the authorities to include all necessary particulars in the SCN and...

Prosecution Could Not Show Unbroken Link Between Accused And Crime, Cant Convict On Mere Suspicion: Gujarat HC Acquits Man In Murder Case

While acquitting a man convicted in a murder case, the Gujarat High Court said that prosecution could not establish an "unbroken" link between the man and the crime, adding that nobody can be convicted on a mere suspicion however strong it may be. A single judge bench of Justice Divyesh A Joshi in its judgment observed, "No doubt, a family has lost its loved one in the present case, but...

Gujarat HC Stays Trial Court Proceedings Against Mother-In-Law's Sister For 'Suggesting Home Remedies' To Ensure That Complainant Has A Son

The Gujarat High Court on Monday (September 23) stayed trial court proceedings in a case lodged against the sister of the mother-in-law, accused of telephonically suggesting home remedies to allegedly ensure that the complainant daughter-in-law delivers a baby boy which the latter claimed ultimately led to her miscarriage.The court passed the order granting interim relief, while hearing a...

Junagadh Municipal Commissioner Oblivious Of Responsibilities Under Plastic Waste Management Rules: Gujarat High Court

Taking note of an inspection report on units processing plastic waste in Junagadh, the Gujarat High Court expressing its concern said that the manner in which these units were operating without requisite permissions under the relevant Rules, made it evident that the city Municipal Commissioner was oblivious of his responsibility as the head of the municipal corporation. A division bench of...

Gujarat High Court Flags Arbitrator Bias, Confirms Setting Aside Arbitral Award On Grounds Of Patent Illegality

The Gujarat High Court division bench, comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi, has held that agreements for the sale of agricultural land to non-agriculturists are invalid under Section 63 of the Gujarat Tenancy Act unless necessary permissions from the Collector are obtained. The court observed that the agreement, executed through a Power of Attorney, was a...

Every Case Where A Man Fails To Marry A Woman Despite Promise Of Marriage Not Rape U/S 376 IPC: Gujarat High Court

While quashing a rape FIR registered against a man for allegedly inducing a woman into a physical relationship on a "promise of marriage", the Gujarat High Court recently said that in every case where a man fails to marry a woman despite such a promise would not attract the offence of rape under Section 376 IPC.The man can be held guilty, the court said, only if its proved that the promise...

'Our Orders Are Only On Papers': Gujarat HC Flags State's Silence On 'Specific Queries' On Functioning Of State Child Rights Commission

While hearing a PIL seeking effecting implementation of child protection laws in the state, the Gujarat High Court on Friday orally said that the court's "specific queries"–including functioning of state child rights commission and conducting of social audit, recorded in its earlier order had remained unanswered further questioning how affidavits were being drafted which do not answer...