SP Jamnagar Himself Inquiring Into Alleged Beating, Abuse Of 14-Year-Old Boy By 'Police Personnel': State Tells Gujarat High Court

The Gujarat High Court on Friday (September 20) disposed of the plea for registration of FIR moved by the mother of a 14-year-old boy who was allegedly "beaten by police personnel", after it was informed that Jamnagar's Superintendent of Police (SP) is himself looking into the matter and would pass appropriate orders after considering all available material.The mother had claimed that her son...

Mere Error In Judgment Of Diagnosis Not Medical Negligence: Gujarat High Court

The Gujarat High Court has dismissed challenge to a civil court's order which had rejected a couple's suit seeking compensation for alleged “medical negligence” by a doctor resulting in the death of their child. The high court said that in the "facts of the case", and in the absence of any cogent material, a mere error in judgment of diagnosis cannot be termed as medical negligence. A...

Gujarat High Court Disposes Plea For Release Of Man Serving Life Sentence In Haren Pandya Murder Case After State Rejects Remission Application

The Gujarat High Court last week disposed of as infructuous the plea moved by Anas Abdul Rashid Machiswala–one of the 12 accused sentenced to life imprisonment in the murder case of former state home minister Haren Pandya–seeking a direction to be released from jail.The high court did so in view of an August 21 order of the state government's home department which had rejected...

Gujarat HC Nixes Revenue Tribunal's "Diametrically" Opposite Orders, Directs Chairman To 'Step Down' Pending Decision On His 'Conduct'

Observing that the state Revenue Tribunal had passed two "diametrically" opposite orders regarding delay condonation, the Gujarat High Court quashed the same after noting that the matter involved the same parties and issues in respect of a "common" decision rendered by the deputy collector in a tenancy case. A single judge bench of Justice Nikhil S Kariel in its September 9 order further...

Lok Adalat Can Only Dispose Of Settled Cases, If Settlement Does Not Happen Case To Be Sent Back To Court For Disposal: Gujarat High Court

While allowing a plea against a trial court order which in its Lok Adalat jurisdiction had dismissed a cheque bouncing complaint on account of non-prosecution, the Gujarat High Court observed that the work of a Lok Adalat is only to dispose of matters which have been settled between the parties. In the absence of such a settlement, the matter is to be referred back to the court for disposal,...

Municipal Commissioner Cannot 'Plead Innocence' On The Ground That Duties Were Delegated: Gujarat HC Says While Hearing Rajkot Fire Case

While hearing a matter pertaining to the TRP Game Zone fire in Rajkot which took place earlier this year, the Gujarat High Court on Friday (September 13) orally said that the city municipal commissioner cannot "plead innocence" on the ground that "duties and powers" had been "delegated to a subordinate authority" which had not informed him about the situation. The court further said that had...

Gujarat Is Dry State, No Amount Of Alcohol Consumption Permitted Especially While Driving: High Court

The Gujarat High Court has made it clear that Gujarat being a dry state, no amount of alcohol consumption is permissible here, particularly at the time of driving.In other words, bench of Justice Sandeep N Bhatt held the concept of "permissible" limit of alcohol consumption while driving is not applicable in the state of Gujarat. It said,"The alcohol content should be considered as permissible...

Morbi Bridge Collapse: Gujarat HC Directs Execution Of Written Instrument Listing Benefits To Victims Including Marriage Expenses Of Girls

The Gujarat High Court last week called for the execution of a written instrument outlining the benefits that the victims (or their kin) of the 2022 Morbi bridge collapse incident are entitled to, which will include medical, educational as well as marriage expenses of eight "young girl victims".The high court further called for enhancing the corpus of the Trust–created to look after...

Gujarat High Court Rejects 10-Yr-Old PIL For Ban On Commercial Activities In Manekchowk's Residential Zone In Ahmedabad's Old Walled City

The Gujarat High Court recently dismissed a 10-year-old public interest litigation petition for banning the commercial usage of residential premises in Ahmedabad's Manekchowk area–located in the old walled city claiming that it was being illegally used for activities such as jewellery making which causes pollution. A division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi...

Gujarat High Court Seeks State Bar Council's Stand In Plea By 29 Law Graduates Against Non Enrolment In The Roll Of Advocates

The Gujarat High Court on Monday (September 9) sought the stand of the Bar Council of Gujarat in a plea moved by several law graduates seeking a direction to the state bar body for their enrolment on the roll of advocates, subject to them passing the All India Bar Exam(AIBE). A single judge bench of Justice Sangeeta K Vishen issued notice to the respondents including the Bar Council of...

Gujarat High Court Weekly Round-Up: September 2 - September 8, 2024

Nominal Index [Citations: 2024 LiveLaw (Guj) 121-128]Dr.Rajeshkumar Somabhai Katara, Asst.Professor Microbiology Versus State Of Gujarat & Anr. 2024 LiveLaw (Guj) 121Vishalkumar Kanubhai Patel Versus High Court Of Gujarat 2024 LiveLaw (Guj) 122Labhshankar Duryodhan Maheshwari Versus State Of Gujarat 2024 LiveLaw (Guj) 123Kalpesh Vaghabhai Chaudhary Versus State Of Gujarat & Anr....

Mere Delay In Filing Form 10-IC Is Not Detrimental To Reduced Rate Of Tax If Taxpayer Satisfies Conditions Of Sec 115BAA: Gujarat HC

Finding that Assessee has satisfied conditions for reduced rate of tax u/s 115BAA, the Gujarat High Court pointed that the Revenue Department should have condoned delay in filing of Form 10-IC instead of rejecting it on technical ground. Section 115BAA of the Income Tax Act allows domestic companies to utilise the provisions of the section and pay tax at a lower tax rate of 22% plus...