Gujarat High Court
Transport Rules Places Onus On Transporter To Pay For Excise Escort When Moving Alcohol Through The State: Gujarat High Court
The Gujarat High Court recently observed that the state transport rules places the onus not on the consignor or consingnee but on the transporter to apply for and pay fee for an excise escort when moving alcohol through the State.Notably Rule 10 Gujarat Through Transport Rules requires that an excise escort be arranged by the transporter and that they submit an application with the relevant...
Certified Copy Not Necessary To File GST Appeal, Order Downloaded From Site Enough: Gujarat High Court
Quashing an order of the tax authority which rejected a GST Appeal due to non-submission of a certified copy, the Gujarat High Court said that when an appealed order is available on a common portal and can be directly accessed by the Appellate Authority, there should be no need to submit a “certified copy” to confirm its authenticity.The court further underscored that in today's...
Anganwadi Workers Perform Onerous Statutory Duties, Not Considering Them As Part Of State Civil Services Is Discriminatory: Gujarat HC
The Gujarat High Court in an order passed recently observed that although Anganwadi Workers (AWWs) and Helpers (AWHs) are not formally part of State Civil Services, they perform a "unique role" as well as onerous statutory duties under the Right to Education Act (RTE) and the National Food Security Act (NSF). In doing so the court the found the State's refusal to recognize them within State...
Employee's Right To Promised Pay Scale Benefits Can't Be Negated By Administrative Delays: Gujarat HC
Gujarat High Court: Justice Vaibhavi D. Nanavati ruled that the State of Gujarat must grant higher pay scales to Work Assistant cadre members based on their tenure, following unfulfilled promises of promotion and salary adjustments as per government resolutions. The court found the State's recovery of salaries, granted due to delays in implementing pay-scale adjustments, to be unlawful....
Gujarat High Court Enlarges Man Booked In 2013 Sabarmati Prison Break Attempt Case On Regular Bail
The Gujarat High Court granted regular bail to Saquib Nisar Shaikh–booked in connection with the 2013 Sabarmati prison break attempt case by allegedly digging a tunnel, noting that the applicant had already been in jail for over a decade with no immediate prospect of completion of trial.The FIR was registered under IPC Sections 224 (intentionally escaping or attempting to escape from...
Gujarat High Court Issues Guidelines For Medical Board To Follow While Forming Opinion Of Termination Of Pregnancy
While permitting a 16-year-old alleged rape survivor to terminate her over 24 week pregnancy, the Gujarat High Court last week issued guidelines for registered medical practitioner/medical board to follow while forming their opinion on termination of pregnancy focussing on physical and emotional well-being of the pregnant person. A single judge bench of Justice Sanjeev J Thaker, in its November...
2002 Sabarmati Express Burning Case: Gujarat High Court Rejects Temporary Bail Of Convict For Father's Treatment
The Gujarat High Court on Thursday (November 7) rejected the temporary bail plea moved by a man–convicted in the 2002 Sabarmati Express train burning case, sought for carrying out the medical treatment of his 95-year-old father. The court passed the order after noting that the there were other family members present who could look after the man's father. After perusing through the jail...
No 'Illegal' Detention: Gujarat High Court Rejects Pakistani Father's Plea For Custody Of Minor Son Brought To India By Mother
The Gujarat High Court has rejected a plea filed by a Pakistani man seeking custody of his 4-year-old son, who allegedly was brought to India by his mother.In its judgement, a division bench comprising Justices Sangeeta K Vishen and Sanjeev J Thaker observed, “The minor Azlaan aged 4 years, is in the custody of his mother and hence, it is difficult to believe that the welfare and the...
Requirement Of Serving Notice On Other Party For Appointment Of Arbitrator Is Dispensed With In Statutory Arbitration: Gujarat High Court
The Gujarat High Court Bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi held that the arbitration proceedings under consideration is not a commercial arbitration, but a statutory arbitration. The Arbitrator is appointed pursuant to the provisions of Section 84(5) of the Multi State Co-operative Societies Act. The appointment of the Arbitrator is made by the State...
Award In Which Serious Allegations Of Fraud Are Not Decided Must Be Set Aside On Grounds Of Patent Illegality: Gujarat High Court
The Gujarat High Court Bench of Chief Justice SUNITA AGARWAL and Justice PRANAV TRIVEDI affirmed that if serious allegations of fraud are raised that the arbitration agreement was entered into by fraud and collusion and such allegations are not decided by the Arbitrator while passing an award, such an award is liable to set aside on the ground of patent illegality under section 34 of...
All Proceedings Conducted On 'Illegal' Game Zone Points To Town Planning Officer, File Didn't Reach Ex-Municipal Commissioners: Gujarat HC
Examining the affidavits of two former Rajkot Municipal Commissioners pertaining to the TRP Game Zone fire, the Gujarat High Court said that while all proceedings pertaining to the coming up of the establishment was illegal at the level of the Town Planning Officer (TPO), however it appeared that at no stage the file travelled to the concerned Municipal Commissioners. The high court had in...
Cash Canteen Subsidy Qualifies As Cash Value Of Food Concession And Is Included In Dearness Allowance: Gujarat High Court
The Gujarat High Court has ruled that a monthly cash canteen subsidy of ₹475 provided to employees by Reliance Industries Ltd. qualifies as part of the dearness allowance under Explanation 1 to Section 6 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act). This classification determines whether provident fund (PF) contributions are required on the...