Gujarat High Court Weekly Round-Up: April 22 - April 28, 2024

Nominal Index [Citations: 2024 LiveLaw (Guj) 45-52]

Shiv Crackers Vs Chief Commissioner of CGST & C.E. & Anr. 2024 Livelaw (Guj) 45

Amod Anil Bhave Versus State Of Gujarat 2024 LiveLaw (Guj) 46

Sarvaiya Rajubhai Bachubhai Versus State Of Gujarat & Ors. 2024 LiveLaw (Guj) 47

Shankarbhai Rathava & Ors. Versus Gujarat Public Service Commission & Ors 2024 LiveLaw (Guj) 48

Bhavdeep Cooperative Housing Society Ltd. Through Ushaben Natvarbhai Amin & Ors. Versus State Of Gujarat & Ors. 2024 LiveLaw (Guj) 49

Bhimnath R Yadav and Ors. Vs Trivedi Crafts Pvt. Ltd. and Anr. 2024 LiveLaw (Guj) 50

M/s Ghakun Steels Pvt Ltd v. State of Gujarat 2024 LiveLaw (Guj) 51

The Principal Commissioner Central Gst And Central Excise Versus M/S Nayara Energy Ltd. 2024 LiveLaw (Guj) 52

Judgments/Orders

'Payment Of Pre- Deposit Can Be Made By Utilizing The Electronic Credit Ledger': Gujarat High Court Reiterates

Case Title : Shiv Crackers Vs Chief Commissioner of CGST & C.E. & Anr.

LL Citation: 2024 Livelaw (Guj) 45

The Gujarat High Court has reiterated that the Electronic Credit Ledger (ECL) can be utilized for making pre-deposits in appeals under the Goods and Services Tax (GST) regime.

Shiv Crackers, a partnership firm involved in the distribution of pyrotechnic articles, contested an order issued by the Additional Commissioner under the CGST Act. This dispute stemmed from a search operation conducted by officers of the CGST, resulting in the confiscation of goods and the issuance of a show cause notice.

Alcoholic Ayurvedic Medicine? High Court Says Proceeding Under Drugs & Cosmetics Act Doesn't Preclude Action Under Gujarat Prohibition Act

Case Title : Amod Anil Bhave Versus State Of Gujarat

LL Citation: 2024 LiveLaw (Guj) 46

The Gujarat High Court has affirmed charges invoked against a pharmaceutical firm owner for allegedly violating State's prohibition law by selling intoxicating substances as ayurvedic medicine, clarifying that action under the Drugs & Cosmetics Act does not exempt an individual from prosecution if a case is made out under the Gujarat Prohibition Act, 1949.

Bench of Justice Hasmukh D. Suthar pointed that as per FSL report, level of alcohol in the medicine sold by the petitioner's firm was found to be more than 12%, the permissible limit under the Prohibition Act. It thus observed,

"...the said proceeding [under the Drugs and Cosmetics Act] cannot be equated at par with the proceeding under the Gujarat Prohibition Act...The object of Drugs and Cosmetics Act is to control manufacture and distribution of drugs...As special provision under Section 67A is inserted in the Gujarat Prohibition Act and if percentage of alcohol level is found in the muddamal samples to be more than 12%, then prima facie, offence is made out.”

Major Woman Free To Choose Her Own Course: Gujarat High Court On Live-In Partner's Habeas Corpus Plea

Case Title: Sarvaiya Rajubhai Bachubhai Versus State Of Gujarat & Ors.

LL Citation: 2024 LiveLaw (Guj) 47

The Gujarat High Court has re-iterated that an adult woman is free to choose her own path in a relationship. The remarks were made while dealing with a habeas corpus petition filed by a woman's live-in partner, seeking her custody after she was allegedly taken away by her husband and confined to her maternal home.

The petitioner before the court claimed to be a live-in partner of the woman, who was married to another person, but on account of matrimonial discord, she was residing with her parents and later on entered into a live in relationship agreement with the petitioner.

Gujarat High Court Refers Advocate's Conduct To Bar Council For Failing To Represent Client Despite Court Orders, Imposes ₹5K Fine

Case Title: Diptiben Shankarbhai Rathava & Ors. Versus Gujarat Public Service Commission & Ors LL Citation: 2024 LiveLaw (Guj) 48

The Gujarat High Court has imposed a Rs 5,000 fine on an advocate for repeatedly failing to represent his client despite specific court orders.

Additionally, the court has decided to forward Advocate Prashant V. Chavda's conduct to the Bar Council of Gujarat for further scrutiny. The Court remarked that Chavda's behaviour did not uphold the standards of the legal profession, and emphasized the need for the Bar Council to take suitable action against him. Chavda has been instructed to pay the penalty to the Gujarat State Legal Services Authority within 30 days.

'In Larger Public Interest': High Court Directs Father-Son Duo To Vacate Flats For Redevelopment Of Dilapidated Building In Ahmedabad

Case Title: Bhavdeep Cooperative Housing Society Ltd. Through Ushaben Natvarbhai Amin & Ors. Versus State Of Gujarat & Ors.

LL Citation: 2024 LiveLaw (Guj) 49

The Gujarat High Court recently directed a father-son do to vacate their flats in a Ahmedabad society, to facilitate the redevelopment of the 'dilapidated, dangerous, and ruinous' structure, enabling society members to receive 3BHK flats instead of their current 1BHK ones.

Presiding over the case, Justice Vaibhavi Nanavati emphasized the significance of redevelopment in the larger public interest and upheld the consent of over 75% of society members, despite objections raised by the father and son.

Procedural Requirements Of Retrenchment Notice And Payment In Lieu Of Notice Must Be Fulfilled Under Both S. 25F of ID Act And State Rules: Gujarat High Court

Case Title: Bhimnath R Yadav and Ors. Vs Trivedi Crafts Pvt. Ltd. and Anr.

LL Citation: 2024 LiveLaw (Guj) 50

The Gujarat High Court division bench of Justice Biren Vaishnav and Justice Pranav Trivedi summarily dismissed an appeal filed against Trivedi Crafts, an Ahmedabad-based marble dealer. The bench perused Section 25F of the Industrial Disputes Act and Rule 80B of the Industrial Disputes (Gujarat) Rules, 1996 and held that the procedural requirements of retrenchment were duly followed by providing notice in the prescribed form and offering one month's wages to the affected workers in lieu of notice.

https://www.livelaw.in/high-court/gujarat-high-court/gujarat-high-court-award-msef-council-writ-remedy-sec-34-arbitration-act-256083

Case Title: M/s Ghakun Steels Pvt Ltd v. State of Gujarat

LL Citation: 2024 LiveLaw (Guj) 51

The bench of Justice Vaibhavi D. Nanavati of Gujarat High Court has held that an award passed by MSEF Council under Section 18 of the MSMED Act cannot be directly challenged in a writ petition and the aggrieved party has to challenge it under Section 34 of the A&C Act.

The Court relied upon the judgment of the Supreme Court in India Glycols Ltd., Vs. Micro and Small Enterprises Facilitation Council 2023 LiveLaw (SC) 992 wherein the Apex Court held that a writ against an award by MSEF Council is not maintainable and the award can be challenge only through Section 34 of the A&C Act r/w Section 19 of the MSMED Act providing for 75% mandatory pre-deposit of the awarded amount.

Gujarat High Court Allows CENVAT Credit On Welding Electrodes, Welding Wire, Etc. Used For Laying Rail Lines Outside Factory

Case Title: The Principal Commissioner Central Gst And Central Excise Versus M/S Nayara Energy Ltd.

LL Citation: 2024 LiveLaw (Guj) 52

The Gujarat High Court has allowed the cenvat credit on welding electrodes, welding wire, etc. used for laying rail lines outside factories.

The bench of Justice Bhargav D. Karia and Justice Niral R. Mehta, while dismissing the appeal of the GST department, observed that CESTAT has correctly allowed the Cenvat credit on inputs, i.e., welding electrodes, wire FLR, filler wires, welding wires, wire rope, material used for railway lines, and capital goods, i.e., M.S. gratings and G.I. coated gratings.

Other Developments

[Morbi Bridge Collapse] Gujarat HC Issues Show Cause Notice to Oreva Group Director, Raps Company For Evading Responsibility To Rehabilitate Victims

The Gujarat High Court expressed its frustration with Oreva Group for evading responsibility in the rehabilitation of individuals affected by the Morbi suspension bridge collapse. In response, the court issued a show cause notice to the company's director, Jaysukh Patel, demanding an explanation for disregarding court orders and causing delays.

During the hearing of the suo motu PIL concerning the bridge collapse, the division bench, comprising Chief Justice Sunita Agarwal and Justice Anirudhha Mayee, became visibly upset when senior advocate Jal Unwalla, representing the company, requested more time to respond to the Morbi district collector's proposal to increase monthly financial aid from Rs 5,000 (as proposed by Oreva Group) to Rs 12,000 for different categories of victims.

'Prima Facie Absurd': Gujarat High Court On Family Court Assessing Woman's Financial Status From Unverified Photos And Denying Maintenance

The Gujarat High Court has made prima facie observations against a Family Court order rejecting a deserted woman's application for maintenance under Section 125 CrPC on the basis of her financial status and alleged lavish lifestyle assessed from few unverified photographs.

Justice JC Doshi presiding over the case observed, “Some strange findings are recorded by the learned Family Judge in page 38, more particularly para 15.13 to 15.19 against the deserted lady to deny maintenance u/s 125 of the Code of Criminal Procedure, 1973 upon unverified photographs which are even not exhibited or proved.”

Can't Invoke 'Habeas Corpus' For Animals & Birds: Gujarat High Court Asks Lawyer To Amend Plea Seeking Custody Of Stolen Livestock

The Gujarat High Court recently observed that it cannot issue a writ of habeas corpus over stolen livestock and suggested the lawyer who had filed the petition to "go through the law regarding habeas corpus first".

The division bench comprising Justices A Y Kogje and Justice SJ Dave was dealing with a plea moved by Kasmaben Somubhai Singade, a woman from Surat seeking custody of her abducted daughter and stolen livestock.

Gujarat High Court Questions Appointment Of Waqf Tribunal Member Amid Allegations Of Criminal Antecedents, Seeks Response From State

The Gujarat High Court on Friday, during a hearing of a public interest litigation (PIL) challenging the appointment of the third member of the Waqf Tribunal in the state, sought an explanation from the state regarding the appointment of Anwar Hussain Shaikh, amidst allegations of his criminal antecedents.

The division bench comprising Chief Justice Sunita Agarwal and Justice Aniruddha P Mayeedirected the state government and Shaikh to respond to the contentions raised for his removal from the post.

Lok Sabha Elections: Gujarat High Court Declares Public Holiday On May 7

The Gujarat High Court has announced May 7, 2024, as a public holiday for the High Court and its associated offices, as well as for the District Judiciary across the state. This decision comes in light of the upcoming General Election to the Lok Sabha and the by-elections for five Assembly Constituencies in Gujarat.

A notification issued on April 19, 2024, stated, "Pursuant to the Order passed by the Honourable the Chief Justice, Tuesday, May 07, 2024 is declared as a Public holiday for the High Court and its offices as well as for the District Judiciary in the State and its offices, on account of General Election to Lok Sabha and by election of five Assembly Constituencies Namely (1) 26-Vijapur (2) 108-Khambhat (3) 136- Vaghodiya (4) 85-Manavadar and (5) 83-Porbandar in Gujarat."

Lion Deaths: Gujarat High Court Calls For High-Level Enquiry Into Working Of Forest And Railway Depts, Slams Their "Face Saving" Probe

The Gujarat High Court has expressed strong displeasure at the "face saving" enquiry conducted by the Railways and Forest Department into the unnatural deaths of three Asiatic lions on railway tracks in Amreli district.

“We are initiating a high level enquiry into the working of railways and the forest department,” Chief Justice Sunita Agarwal orally remarked.

She pointed that the authorities failed to take preventive measures after the first mishap and they sprung into action only after the Court issued directions in March. Even thereafter, the bench also comprising Justice Aniruddha P Mayee pointed, enquiry into the cause of incident was not made properly.

Morbi Tragedy| 'It Wasn't An Act Of God; You Played With Public Property': Gujarat HC Presses 'Oreva' For Comprehensive Victims' Rehabilitation Plan

Following the issuance of a contempt notice against Jaysukh Patel, director of Oreva company, for non-compliance with court orders and causing delays, the company has issued an apology, which the Gujarat High Court has accepted today and decided not to pursue contempt proceedings against the managing director, for the 'time being'

However, the division bench, led by Chief Justice Sunita Agarwal and Justice Anirudhha Mayee, expressed dissatisfaction with the company's lack of proposals regarding rehabilitating the victims.