Gujarat High Court
Gujarat High Court Refuses To Add 'Rat Glue Trap' Manufacturers/ Sellers As Parties In PIL For Ban Of Such Methods
The Gujarat High Court on Friday (October 18) rejected two pleas moved by certain manufacturers and sellers of glue traps and glue boards for catching rodents seeking to be added as a necessary and proper parties in a public interest litigation (PIL) plea highlighting suffering caused to the animals due to the use of such methods.The court however said that it is open for the...
Gujarat High Court Launches Free Of Cost And Cashless Medical Facility For Judges, Staff And Their Family Members
The Gujarat High Court has taken a step in ensuring the well-being of its workforce by introducing free and cashless medical facilities for its judges, judicial officers, staff employees working in the high court and their dependent family members. This initiative, launched under the guidance of Chief Justice Sunita Agarwal and the Judges of the High Court Medical Facility Committee, aims...
Gujarat High Court Seeks Collector's Report On 'Hard Reality' Of Rural Health Facilities After Pregnant Woman Dies On Way To Ambulance
While hearing a suo motu plea on an incident where a pregnant villager who, after being "carried on a cloth stretcher" as there was no road, died on her way to the ambulance pickup point, the Gujarat High Court on Thursday called for a report from the concerned Collector indicating the"hard reality" of the situation and a plan for meeting out such medical emergencies. A division bench of...
Gujarat HC Directs Arrest Of Cargo Ship At Kandla After Company Exporting Parboiled Rice Claims $1.4 Million Loss Due To Delay In Shipping
The Gujarat High Court in an interim order directed the custom authorities to "arrest" a cargo ship, lying at Deendayal Port, Kandla which is within Indian territorial waters, after an entity filed an admiralty suit claiming that delay in shipping of its cargo–2000 metric tonnes of parboiled rice, led it to incur financial loss of 1.4 million US dollars. A single judge bench of Justice Mauna...
S. 68 Of Income Tax Act Not Attracted When There Is No Unexplained Amount In Bank Statement: Gujarat High Court
The Gujarat High Court stated that there cannot be any income escapement by the assessee if there is no unexplained amount in the bank statement on record. The Bench of Justice Bhargav D. Karia and Mauna M. Bhatt observed that “the reason given by the Assessing Officer for alleged escapement of Rs.3,25,00,000/- is not sustainable since there is no unexplained amount in...
Credit Cannot Be Blocked In Electronic Credit Ledger If Sufficient Balance Not Available: Gujarat High Court
The Gujarat High Court stated that there cannot be any blocking of the credit in electronic credit ledger if there is no sufficient balance available. The Division Bench, comprising Justices Bhargav D. Karia and Niral R. Mehta, was hearing a case where the assessee contested the blocking of Input Tax Credit (ITC) amounting to ₹2,44,05,567 in its electronic credit ledger....
Undue Interest Of Police In Commercial Disputes Indicates Their Taking "Extraneous Consideration": Gujarat High Court
Observing that the Police's primary duty is to maintain law and order, the Gujarat High Court on October 15 (Tuesday) expressed its concern with the police authorities for taking "undue interest" in commercial disputes which apparently indicates taking of an "extraneous consideration".During the hearing, the State tendered a report prepared by the concerned Deputy Superintendent of Police...
Assessee Who Forgot To Claim 'Long Term Capital Loss' In Income Tax Return Can Seek Revision U/S 264: Gujarat High Court
The Gujarat High Court recently allowed an assessee, who failed to claim 'Long Term Capital Loss' in its Income Tax return, to seek revision under Section 264 of the Income Tax Act, 1961. A division bench of Justices Bhargav D. Karia and Mauna M. Bhatt also reiterated that a Commissioner has to decide an assessee's revision application under Section 264, on...
S. 119(2)(b) Income Tax Act | Gujarat HC Directs Commissioner To Avoid Pedantic Approach, Condone One Year Delay In Filing Return
The Gujarat High Court recently allowed the petition preferred by a woman seeking to condone over one year delay in filing of her income tax return for an assessment year. A division bench of Justices Bhargav D. Karia and Mauna M. Bhatt also criticized the “pedantic approach” in deciding Petitioner's application under section 119(2)(b) of the Income Tax Act,...
Why Publicize Petition? Gujarat High Court Asks As Journalist Mahesh Langa Withdraws Challenge To Remand In GST "Fraud" Case
Journalist and Senior Assistant Editor at The Hindu newspaper Mahesh Langa sought to withdraw his plea before the Gujarat High Court on Monday which challenged his 10 day police remand in an alleged GST "fraud" case. While the court permitted his request it however orally questioned why the matter was "so publicized". When the matter was called, Langa's counsel submitted before a single...
Factual Inquiry Outside Scope Of Article 226: Gujarat HC On PIL Against Port Expansion "Damaging" Mangroves, Says Litigant May Move NGT
Disposing of a PIL petition on Environmental and Coastal Regulation Zone (CRZ) clearances for port expansion projects in Kandla affecting mangroves, the Gujarat High Court said that since the issues raised require a factual inquiry not possible under Article 226 of the Constitution, the petitioners may approach the National Green Tribunal for its redressal. The court however said that it has...
Gujarat High Court Asks Govt Pleader To Issue Directions For Drafting 'Proper' Affidavits, Providing 'Para-Wise' Reply To Pleas
While hearing a matter pertaining to fair compensation in view of land acquisition, the Gujarat High Court said that it had come across various matters, wherein affidavits filed by officers of the State in reply to writ petitions, were bereft of "para-wise" replies. In doing so the court also called for drafting of proper affidavits–not only stating the facts, but also providing para wise...