Gujarat High Court Weekly Round-Up: November 6 To November 12, 2023

Pradeep Nirankarnath Sharma Versus State Of Gujarat 2023 LiveLaw (Guj) 177

Ajayraj @ Vijendrasinh Kirodilal Meena Versus State Of Gujarat 2023 LiveLaw (Guj) 178

NXGN Sports Interactive Private Limited Versus Union Of India 2023 LiveLaw (Guj) 179

Bharatkumar Pravinkumar And Co. Versus State Of Gujarat 2023 LiveLaw (Guj) 180

Arvind Kejriwal Versus Gujarat University 2023 LiveLaw (Guj) 181

Harshil A Shah Versus State Of Gujarat 2023 LiveLaw (Guj) 182

Judgments/Orders

Gujarat High Court Refuses To Discharge Former IAS Officer Pradeep Sharma In Land Allotment Case

Case Title: Pradeep Nirankarnath Sharma Versus State Of Gujarat

LL Citation: 2023 LiveLaw (Guj) 177

The Gujarat High Court refused to exonerate former IAS officer Pradeep Nirankarnath Sharma in a land allotment case, asserting that a prima facie offence existed against him, the trial was in progress with the presentation of evidence, and therefore, it was not appropriate to intervene in the lower courts' orders.

Justice Sandeep N Bhatt observed, “Under the circumstances, since there is prima facie offence made out against the applicant vis-a-vis the concurrent findings given by both the learned Courts below and considering the fact that the trial is already commenced and it is at the stage of evidence, this Court finds that this is not a fit case to interfere in the impugned orders passed by the learned Courts below. The learned Courts below have not committed any error while appreciating the documents available with them and it is rightly justified.”

Candidates Burn Midnight Oil To Secure Govt Jobs, Malpractices In Competitive Exams Has To Be Dealt With Strictly: Gujarat HC

Case title - Ajayraj @ Vijendrasinh Kirodilal Meena Versus State Of Gujarat

LL Citation: 2023 LiveLaw (Guj) 178

The Gujarat High Court has said that in the competitive examination, many candidates burn the midnight oil to secure a government job and therefore, any misconduct, misbehavior, malpractices and cheating in such exams has to be dealt with strictly.

A bench of Justice Hasmukh D. Suthar observed thus while denying anticipatory bail to one Ajayraj Meena who has been accused of appearing in the competitive examination for the post of Clerk on behalf of the co-accused (Udayraj Brijlal Meena) by creating forged documents.

Whether Fantasy Gaming Fall Within Actionable Claim Amounting To Betting And Gambling Or Based On Skills: Gujarat High Court Stays GST SCN, Issues Notice

Case Title: NXGN Sports Interactive Private Limited Versus Union Of India

LL Citation: 2023 LiveLaw (Guj) 179

The Gujarat High Court will decide on the issue of whether fantasy gaming falls within an actionable claim amounting to betting and gambling or based on skills. The bench of Justice Biren Vaishnav and Justice Mauna M. Bhatt has issued notice to the GST department and restrained the GST department from taking any further steps on the adjudication of the show cause notice.

The petitioner/assessee, NXGN Sports Interactive, submitted that the activity of the online claim that the petitioners undertake would be an actionable claim other than lottery, betting, and gambling.

Cash Can’t Be Considered As Goods For The Purpose Of Seizure Proceedings Under GST: Gujarat High Court

Case Title: Bharatkumar Pravinkumar And Co. Versus State Of Gujarat

LL Citation: 2023 LiveLaw (Guj) 180

The Gujarat High Court has recently delivered a verdict on the issue of the seizure of cash under the Goods and Services Tax (GST) Act, clarifying that cash does not qualify as "goods" for the purpose of seizure proceedings. The judgment delivered by the division bench of Justices Biren Vaishnav and Mauna M. Bhatt, emphasized that retaining seized cash for more than six months without issuing a Show Cause Notice (SCN) is not justified.

Arvind Kejriwal's Review Petition Despite University Record Of PM Narendra Modi's Degree Not In Good Taste: Gujarat High Court

Case Title: Arvind Kejriwal Versus Gujarat University

LL Citation: 2023 LiveLaw (Guj) 181

The Gujarat High Court has observed that Delhi Chief Minister Arvind Kejriwal's persistence in challenging Prime Minister Narendra Modi's qualifications despite an undisputable record produced by the Gujarat University is not in good taste.

While dismissing Kejriwal's review petition against its order setting aside CIC's direction to disclose information on degrees held by the Prime Minister, Justice Biren Vaishnav said, “This court, without getting into the intentions of the applicant in filing the review application would tend of agree with the submission of Mr. Mehta, learned Solicitor General of India that though there is a contemporaneous record in the form of the Office Register undisputably showing the qualification of the Prime Minister, the review applicant having lost in his legal remedy as the petition was allowed, continues to harp upon his pursuit in following a cause by proceeding in this review application in a manner which does not reflect good taste in public life.”

Gujarat High Court Upholds Property Transfer To Muslim Man In 'Disturbed Area', Says Act Meant To Curb Distress Sales Not Bonafide Transactions

Case Title: Harshil A Shah Versus State Of Gujarat

LL Citation: 2023 LiveLaw (Guj) 182

The Gujarat High Court has rejected a petition filed under Disturbed Areas Act opposing the transfer of a property in Vadodara from a Hindu woman to a Muslim couple. The petition, filed by five neighbors of the property holder, aimed to annul the deputy collector's decision allowing the registration of a sale deed under the Disturbed Areas Act.

Justice Vaibhavi Nanavati said, “Once the sale is held to be bonafide, no interference is called for to exercise extraordinary jurisdiction under Article -226 of the Constitution of India. Sections 4 and 5 of the Act provide that when the question of either giving post-facto sanction to such sale or a permission to sale is concerned, the Collector is required to consider whether the sale is for a fair consideration and with pre-consent.”

Other Developments

BREAKING | [PM Modi Degree Row] Gujarat High Court Rejects Delhi CM Arvind Kejriwal's Review Petition

The Gujarat High Court today dismissed the plea filed by the Chief Minister of Delhi Arvind Kejriwal seeking a review of HC's March 31st order setting aside a 2016 order of the Central Information Commission (CIC). A bench of Justice Biren Vaishnav passed this order over a month after it reserved its verdict on September 30. A detailed copy of the Judgment is awaited.

‘Reminder To All For Strict Compliance’: Gujarat High Court Implements New Methodology For Pending Cases' Listing

The Gujarat High Court has issued a circular on November 3, 2023, introducing a new methodology for ensuring the next listing date in all pending cases. The circular, which came into effect from September 1, 2023, contains specific instructions in clauses 13, 14, and 1.

Court Record Tampering: Gujarat High Court Surprised Over Lack Of CCTV Cameras In Registry

The Gujarat High Court has expressed astonishment over the absence of a comprehensive CCTV camera system in its Registry department, raising concerns over security and transparency. Although some parts of the department have CCTV cameras installed, the Court noted the absence of a full-fledged system.

In response to this revelation, the Court has directed the Registry to take appropriate measures following due procedure, including obtaining approvals from relevant authorities, such as the state government and the concerned Committees of the Court. The Court also suggested that the Registry could seek assistance from the Secretary of the Legal Department to expedite the process.