Gujarat HC Rejects Son's Plea Claiming No Liability To Pay Deceased Father's Bank Loan As 'Debt Is Not Heritable Under Muslim Law'

The Gujarat High Court recently rejected a man's plea against dismissal of his application for rejection of suit filed by a bank to recover a loan taken by the man's deceased father, claiming he was not liable to pay his father's bank loan as debt is not heritable property under Muslim Law. The court however said that the contentions made by the son would require a "detailed inquiry during...

Gujarat HC Calls For Report On Functioning Of State Educational Service Tribunal Over Claims Of Prolonged Proceedings, Lack Of VC Facility

The Gujarat High Court directed its Registrar General and education department's Chief Secretary to report on the functioning of the state Educational Service Tribunal after parties raised concerns on its functioning, installation of CCTV cameras and lack of virtual hearing facility leading to prolonged proceedings.A division bench of Justice A.S. Supehia and Justice Nisha Thakore...

Surat Rape Case: Gujarat High Court Directs State Authorities To Decide Narayan Sai's Furlough Plea Expeditiously

The Gujarat High Court on Tuesday (March 11) directed the concerned authorities to decided Asaram Bapu's son Narayan Sai's plea for furlough expeditiously, preferably within 30 days. In 2019 Sai was convicted and sentenced to life imprisonment by a Sessions Court in Surat in a rape case. His appeal against this decision is pending before the high court.Justice MR Mengdey while dictating the...

Gujarat HC Holds 4 Senior Citizen Women Guilty Of Contempt, Refrains From Sending Them To Civil Imprisonment In View Of Their Age

The Gujarat High Court has held four senior citizen women guilty of contempt of court, for entering into an agreement to sell a disputed property and creating third party rights despite a 2010 status quo order. However, noting the age of the contemnors, the court did not send them to civil imprisonment; instead it fined them with Rs 2000 each, quashed the agreement to sell the property...

Reservation In Local Bodies: High Court Seeks State's Stand On PIL Challenging Vires Of Gujarat Local Authorities Laws (Amendment) Act 2023

The Gujarat High Court on Monday (March 10) sought the state government's stand on a PIL challenging the constitutional validity of the Gujarat Local Authorities Laws (Amendment) Act 2023 and subsequent amendment made to the relevant rules, claiming it is contrary to the Supreme Court's decisions on the manner in which reservation is to be implemented. The plea claims that as per the decision...

'Pious Intention' Of Compassionate Appointment Is To Give Relief To Deceased Employee's Kin, Can't Be Misused: Gujarat High Court

Underscoring the "pious intention" of compassionate appointment which is to give relief to the deceased employee's kin, the Gujarat High Court stopped short of imposing costs on a litigant for suppressing material facts after noting that she only intended to secure the appointment of her son at LIC after her husband's death. In doing so the court observed that the litigant had not disclosed...

'Her Rehabilitation & Restorative Care Is Most Important': Gujarat High Court Orally Says During Tribal Woman Assault Hearing

While hearing a suo motu plea pertaining to the reported assault of a tribal woman who was stated to be disrobed, paraded and dragged by a motorcycle in the district, the Gujarat High Court on Friday (March 7) orally said that the rehabilitation and restorative care which are to be provided to her are of utmost importance. After the court was informed that the alleged assault was stated to...

Assessee Entitled To Interest On Refund Under Direct Tax 'Vivad Se Vishwas' Scheme: Gujarat High Court

The Gujarat High Court stated that the assessee is entitled to the interest on refund under Direct Tax Vivad Se Vishwas Scheme. “it is true that the assessee is not entitled to interest under Section 244A of the Income Tax Act, 1961, however, when the assessee has opted for direct tax for Vivad se Visvas Scheme 2020 and filed the application which was approved by...

Can A Semitrailer Which Is Connected To A Motor Vehicle, Be Subjected To Tax? Gujarat High Court To Consider State's Appeal

The Gujarat High Court will hear next week, the State's appeal against a 2014 order of a single judge which held that tax cannot be levied on a semi trailer, as the same does not qualify as a "motor vehicle" under the Motor Vehicle's Act, 1988. A semi trailer defined under the Motor Vehicles Act means a vehicle not mechanically propelled (other than a trailer), which is intended to be...

'Personally We Are All Victims To This': Gujarat HC Remarks In Plea Against Violation Of Noise Pollution Norms, Orders Framing Of Policy

The Gujarat High Court on Wednesday (March 5) issued notice on a plea alleging wilful disobedience of the directions issued by the high court, the Supreme Court as well as December 2019 notification concerning the issue of noise pollution.While listing the matter after four weeks, the court directed the respondent authorities to formulate a policy or mechanism for implementation of...

Manual Scavenging: Gujarat High Court Condemns 'Absolute Silence' By Municipality's Incharge On Action Taken On Death Of 2 Sanitation Workers

The Gujarat High Court on Wednesday (March 5) expressed its displeasure with the Chief Officer of Patdi Nagar Palika (Municipality) for the "absolute silence" on any action taken by the body after it became aware of the death of two sanitation workers– employed by a contractor, during manual scavenging. While perusing the officer's affidavit, the court said that the "ignorance" shown by...

Gujarat High Court Rejects 35-Year-Old Candidate's Plea For Age Relaxation To Participate In Civil Judges Recruitment Process

The Gujarat High Court refused to grant further age limit relaxation to a 35-year-old candidate who had applied in the civil judges recruitment process, noting that the same was not provided for in the Gujarat State Judicial Services Rules, 2005.The court was examining whether the candidate could have been granted the relaxation who claimed to be within the age limit on the first day of filing...