Plea In Gujarat High Court Against Demolition Of Muslim Religious Structures, Residential Places In Gir Somnath; Order Reserved

The Manager of the Auliya Auliya-e-Deen Committee–a Waqf, urged the Gujarat High Court on Tuesday (October 1) to direct "status quo" in respect of the state authorities alleged demolition of Muslim places of worship including mosques and graves, which was carried out on September 28 in Gir Somnath. After hearing all the parties, a single judge bench of Justice Sangeeta K Vishen said,...

[Rajkot Fire Case] 'No Remorse': Gujarat High Court Expresses 'Deep Pain, Frustration' At 'Vehemence' In Response Of Municipal Commissioners

The Gujarat High Court has directed the then Rajkot Municipal Commissioners posted in the city corporation from 2021 till May 2024 when the TRP Game Zone Fire incident took place, to respond to the court's earlier order on issues including the non-compliance of its directions on obtaining Fire NOC as well as compensation to victims by "erring officials". The high court said so while noting...

Gujarat High Court Directs Strict Implementation Of 'Helmet Rule', Repair Of Potholes In View Of Upcoming Navratri Festival

While hearing a suo motu PIL pertaining to traffic congestion and its management in Ahmedabad, the Gujarat High Court in an interim direction passed last week, directed the authorities to ensure strict implementation of the 'Helmet Rule' in respect of two wheeler riders and repair potholes on roads in view of the upcoming Navratri festival.A division bench of Chief Justice Sunita Agarwal...

Gujarat High Court Weekly Round-Up: 23 September – 29 September, 2024

Nominal Index [Citations: 2024 LiveLaw (Guj) 136-142]Mukeshbhai Mohanlal Saragra V/S State Of Gujarat 2024 LiveLaw (Guj) 136 M/S. Gayatri Steel Company Vs. The Union of India & Ors. 2024 LiveLaw (Guj) 137 Hindustan Chemicals Company Versus Cyanides And Chemicals Karmachari Sangh & Anr 2024 LiveLaw (Guj) 138 Hareshkumar Bhupatbhai Panchani v. Income Tax Officer 2024 LiveLaw...

Gujarat High Court Grants Bail To 5 In Vadodara Boat Capsize Incident

The Gujarat High Court on Monday (September 30) granted bail to five men in connection with the boat capsize incident which took place in a lake in Vadodara earlier in January. A single judge bench of Justice M R Mengdey while pronouncing the order said, "All applications are allowed". The five men who were granted bail–Pareshbhai Shah, Shantilal Solanki, Nilesh Jain, Vatsal Shah,...

15 Years Later, Gujarat High Court Reverses Husband's Acquittal On Abetment Of Suicide And Cruelty To Wife, Upholds Her 'Dying Declaration'

Reversing a 15 year old trial court order acquitting a husband accused of cruelty and abetting his wife's suicide, the Gujarat High Court while relying on the wife's dying declaration said that a mere non endorsement of it by a medical officer regarding her mental fitness does not, by itself, make the declaration inadmissible. Referring to the guiding principles laid down by Supreme Court...

No Explanation Why Complainant Did Not Approach Authorities For 3 Years: Gujarat HC Orders No Coercive Action Against Sexual Assault Accused

While staying coercive action against an accused in an alleged rape case, the Gujarat High Court in its interim order noted that no explanation was given in the FIR on why, for three years, the complainant had not approached a higher police authority regarding the alleged physical harassment meted out to her by the accused, who was working in the police department. Observing that the...

Whether Girl Wants To Terminate Pregnancy Or Give Birth Is 'Purely Her Wish': Says Gujarat High Court, Permits Father To Withdraw Plea

While hearing a man's plea seeking termination of his minor daughter's 25 week pregnancy, the Gujarat High Court orally said on Wednesday that the girl's consent was required before termination and her parents cannot force her to terminate the pregnancy. The court thereafter permitted the father to withdraw the petition and disposed of the matter. The petition was filed seeking termination...

Supreme Court's Directions On Police Reform 'Fallen On Deaf Ears': Gujarat High Court On Alleged Police Brutality Against Senior Citizen

Directing the Gujarat government to ensure proper functioning of State Police Complaints Authority (GSPCA) in a case concerning alleged police brutality meted out to a senior citizen, the Gujarat High Court said that the Supreme Court's directions on police reforms, misuse of power has "fallen on deaf years" despite being passed over a long passage of time. Referring to the Supreme Court's...

Assessing Officer Can't Issue Reassessment Notice On Mere 'Change Of Opinion' About Material Already Available At Time Of Scrutiny: Gujarat HC

The Gujarat High Court has reiterated that an Assessing Officer under the Income Tax Act 1961 cannot issue notice for re-assessment of income under Section 148, on mere “change of opinion” on the material which was already furnished by the assessee at the time of scrutiny under Section 143(2).Division bench of Justice Bhargav D. Karia and Justice Niral R. Mehta observed, “In our...

Can Police Lodge FIR For Tax Evasion Or Is Income Tax Department The Correct Authority To Initiate Proceedings? Gujarat High Court Asks

While hearing a man's plea seeking quashing of a cheating FIR lodged in connection with alleged tax evasion, the Gujarat High Court on Tuesday (September 24) orally asked the State whether the police can lodge an FIR for tax evasion or is the income department department the "correct authority" to initiate such proceedings.The high court thereafter passed an interim order protecting the man...

Gujarat High Court Upholds Award Passed By Industrial Tribunal Based On Principle Of 'Equal Pay For Equal Work'

A division Bench of the Gujarat High Court comprising of Justices A S Supehia and Mauna M Bhat of the Gujarat has held that if employees who perform similar duties as their colleagues aren't given benefits such as allowances attached to a pay structure, it will be discriminatory and against the principle of 'equal pay for equal work'.Background:A settlement was entered into between...