Gujarat High Court
Gujarat High Court Quashes Chargesheet Against Govt Official For Renewing Passport Without NOC, Deems It "Administrative Lapse"
In the significant case, the Gujarat High Court bench of Justices A.S. Supehia and Gita Gopi has quashed a charge sheet issued against Charu Bhatt, who was serving as a Director of Accounts and Treasury, who was accused of renewing her passport in 2013 without obtaining a No Objection Certificate (NOC) from the State Government.While two other charges related to passport procurement...
GST Rate On Bricks With Less Than 90% Fly Ash Content To Be Charged At 5% Instead Of 18%: Gujarat High Court Clarifies
The Gujarat High Court on 25th September (Wednesday) held/clarified the Goods and Services Tax (GST) applicable to fly ash bricks and blocks with less than 90% fly ash content. The court ruled that the products qualify for the lower GST rate of 5%, than 18% GST rate on products not meeting the 90% fly ash threshold and quashed and aside the orders of the Advance Ruling Authority and...
Gujarat High Court Grants Bail To Alleged Nepali Citizen Booked For Forging Indian Passport By Using ID Of Another
The Gujarat High Court last week granted regular bail to a man–allegedly a Nepali citizen, who was booked for forging an Indian passport by using "forged ID proof and other documents" in the name of another individual. In doing so the high court reiterated the “bail is rule and jail is exception” principle and that prolonged pre-trial detention could equate to “pre-trial...
Legal Aid Clinics In All Jails, Mental Well-Being Of Inmates: Gujarat State Legal Services Authority Implements SoP For Prison Reforms
Gujarat High Court Chief Justice and Patron-in-Chief of the State Legal Services Authority (GSLSA) Justice Sunita Agarwal has developed an exhaustive Standard Operating Procedure (SOP) titled "Prison Reforms" which aims to enhance legal services for jail inmates who have been incarcerated for extended periods.The launch of this initiative was emphasised during the release of a compiled book...
'Serious Misconduct': Gujarat HC Declines Plea By Govt Officer Debarred From Taking Class-I Officer's Exam For 'Misbehaving With Invigilator'
While dismissing a plea by a government officer debarred from the Gujarat Public Service Commission (GPSC) 2023-2024 due to her alleged misconduct in preliminary examination, the Gujarat High Court observed allegations against the officer were serious and not expected from a person appearing in Class-I officer's exam. The petitioner officer moved the high court challenging the order of...
Mentioning Proposed Penalty In Declaration Under SVLDR Scheme Not Incorrect: Gujarat HC
The Gujarat High Court has held that Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS) is applicable to any show cause notice for penalty/late fee, irrespective of whether it is under adjudication or appeal. A division bench of Justices Bhargav D. Karia and Mauna M. Bhatt cited FAQs of the scheme as per which, any person who has a show cause notice (SCN) for demand...
AIBE 2024: Gujarat HC Asks State Bar Council To Give Provisional Certificates To Law Graduates From Govt/ Aided Colleges Not Approved By BCI
The Gujarat High Court, in an interim order, asked the Bar Council of Gujarat to accept the enrolment forms of "all similarly situated law graduates" from government and grant-in-aid law schools in the State which are not approved by Bar Council of India, and to issue provisional certificate of practice enabling the students to appear in the All India Bar Examination (AIBE) 2024. The exam...
'Far Fetched' To Say That Child Must Study In 'English Medium School' To Progress In Life: Gujarat High Court In Custody Dispute Case
While hearing a custody dispute case, the Gujarat High Court underscored that the welfare of a child cannot be judged by the medium of their school especially when they are toddlers and to say that one needs to study in an English medium school from the beginning to progress in life, is a far fetched argument. Noting that the family court had recorded that in the present case the...
Gujarat HC Pulls State For Delaying Acquisition, Compensation Of Land Temporarily Acquired By ONGC Years Ago; 'Depriving Landholders'
The Gujarat High Court recently expressed its displeasure at the delay by the State authorities in processing the permanent acquisition of a land, already in the possession of the Oil and Natural Gas Corporation (ONGC), under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act. The court noted that the land in question had been...
Plea In Gujarat High Court Seeks To Streamline Functioning Of Govt Aided Law Institutions And Compliance Of BCI Standards
A plea has been moved before the Gujarat High Court regarding the non compliance of the minimum standard prescribed by the Bar Council of India under the Legal Education Rules, 2008 by the Government aided law institutions in the State. Taking note of the issue raised, division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi in its order directed that the matter be brought to...
Partners Of Firm Managing Lake Activities Trying To Stall Proceedings: Gujarat High Court Declines Impleadment In Vadodara Boat Capsize Case
While hearing a matter pertaining to the Vadodara boat capsize incident, Gujarat High Court on Friday (October 18) dismissed a plea moved by certain partners of Kotia Projects seeking impleadment, after noting that the "partners associated with the firm are trying to stall the proceedings" where the court was examining compensation to be given the victims from the "pocket of the...
Notice Issued U/S 148A(B) Of Income Tax Act Against Dissolved Firm Is Not Valid: Gujarat High Court
The Gujarat High Court stated that notice issued under section 148A(b) of the Income Tax Act, 19861 against dissolved firm is not valid. The Division Bench of Justices Bhargav D. Karia and Mauna M. Bhatt was dealing with a case where the Assessing Officer/respondent issued an impugned notice under Section 148A(b) of the Income Tax Act, 1961, in the name of the partnership firm and...