Senior Advocate Yatin Oza Elected As President Of Gujarat High Court Advocates' Association For 18th Time

Senior Advocate Yatin Oza has been elected as the President of the Gujarat High Court Advocates' Association (GHCAA) today. This victory marks his return to the helm of the body for the record 18th time. His 17th election was in 2019 and lasted until 2021.Speaking to LiveLaw, Oza said : "The Bar did its duty; now it is my duty to work for the Bar. I can assure them that I will never let...

Gujarat High Court Directs Release Of Imported Distillate Fuel Seized For Infringement Of Cloud Point, Cites Varied Opinions On Parameters

The Gujarat High Court recently directed release of imported Distillate Fuel Oil which was seized by the Directorate of Revenue Intelligence for not meeting the cloud point parameters, observing that respondent authorities had no definite opinions and the opinions vary so far as the parameter of Cloud Point is concerned.Cloud point refers to the temperature at which paraffin wax or other...

Customs Act | Gujarat High Court Directs Release Of Seized Imported Fuel Oil, Says Samples Were Collected In Owner's Absence

The Gujarat High Court recently directed the release of imported Distillate Fuel Oil seized by the Directorate of Revenue Intelligence, observing that the samples that were collected and sent for testing of parameters was neither collected in the presence of the proper officer or of the owner/importer of the goods. The petitioner's goods–i.e., imported Distillate Fuel Oil was seized by...

Gujarat High Court Restores GST Registration Noting Payment Of Outstanding Tax, Interest, Late Fee In Electronic Cash Ledger

The Gujarat High Court has restored GST registration subject to compliance with filing of pending returns and payment of outstanding tax with interest, late fee and penalty. A Division Bench comprising Justice A.S. Supehia and Justice Pranav Trivedi permitted filing of GST returns for past period after noting copy of GST Returns for the period from April 2022 to December...

Gujarat High Court Orders Release Of Imported Distillate Oil Seized For Not Meeting Criteria, Says Test Didn't Clearly Say If It Was Diesel

The Gujarat High Court recently directed release of imported distillate oil which was earlier seized on the ground that it did not meet the parameters of distillate oil, holding that the test report did not definitively conclude that the Distillate Oil was Diesel, to an extent that it would change the nature of classification from Distillate Oil to Diesel. Distillate oil is a form of liquid...

Institute For Plasma Research Is 'State' Under Article 12 Of Constitution: Gujarat High Court

The Gujarat High Court has held that Institute for Plasma Research is 'State' under Article 12 of Constitution of India as it is an entity created under a statute having roots in the Atomic Energy Act, is 100% funded by the Government and serves the public by engaging in research and development for societal benefit.A full bench of Justice AS Supehia, Justice Aniruddha P Mayee and Justice...

Service Tax | Windmill Installation, Commissioning Services Construable As 'Input Service', Credit Admissible: Gujarat High Court

The Gujarat High Court has allowed CENVAT credit of service tax paid on input used in setting up of a Windmill, away from factory premises, on the strength of nexus of the inputs with output activity, electricity generation. A Division Bench comprising, Justice Bhargav D. Karia and Justice Pranav Trivedi in twin writ petitions has set aside order of CESTAT Ahmedabad...

Waqf Institutions Not Exempt From Paying Court Fees For Raising Dispute Before State Tribunal: Gujarat High Court

The Gujarat High Court on Wednesday (December 17) dismissed a batch of petitions moved by various waqf institutions challenging orders passed by Gujarat State Waqf Tribunal rejecting applications under the Waqf Act over disputes pertaining to waqf properties, citing insufficient court fee. In doing so the court held that there was "no blanket exemption" or waiver granted to waqf institutions...

MV Act | Tripling On Two-Wheeler Doesn't Amount To Contributory Negligence Without Evidence: Gujarat High Court

Modifying an order of the Motor Accident Claims Tribunal, the Gujarat High Court observed that merely triple riding on a two-wheeler, in absence of any evidence or a casual connection between the violation and the accident, would not amount to contributory negligence. The kin of the deceased argued that the deceased Mayurbhai Jesinghbhai Dhuda along with his sister Sejalben and niece...

'Mere Apprehension': Gujarat High Court Refuses To Entertain Mosque's Anticipatory Plea Against Possible Action By Authorities

The Gujarat High Court on Tuesday (December 16) refused to entertain a plea filed by a mosque in Ahmedabad claiming apprehension of action against it by the authorities, observing that no cause of action had arisen as plea was filed on an apprehension and the court cannot entertain an anticipatory petition. Justice Mauna M Bhatt was hearing a petition seeking a direction that respondents...

Gujarat High Court Allows Restaurant To Approach Municipality After Being Sealed For Selling Non-Veg, Flouting Lease Condition

The Gujarat High Court on Tuesday (December 16) allowed a restaurant, which had been sealed on allegations of causing nuisance by selling non-vegetarian food in violation of the lease agreement, to submit an undertaking to the Anand Municipal Corporation for de-sealing, directing that the same be considered in accordance with law.The court was hearing a petition challenging a notice...

Gujarat High Court Commutes Convict's Death Penalty For Raping Minor Girl, Says Trial Court Didn't Verify Possibility Of Reformation

The Gujarat High Court recently commuted the death sentence of a man to life imprisonment who was convicted by the trial court for raping a minor girl. In doing so the court said that the trial court while sentencing the convict to death, did not give a finding on the aspect of the convict's reformation and the possibility that he will become a useful member to the society if is given a chance...