Gujarat High Court Stays Non-Bailable Warrant Issued Against Ex-GUJSAIL CEO Booked For Using State Aircraft For Travelling With Family

The Gujarat High Court in an interim order on Tuesday (January 7) stayed a non-bailable warrant issued against former CEO of Gujarat State Aviation Infrastructure Company Limited (GUJSAIL) Captain Ajay Chauhan booked for allegedly using a government aircraft for an "unauthorized flight" to travel with his family from Ahmedabad to Mumbai.The senior counsel appearing for the petitioner drew...

Case Transferred To POCSO Court After 8-Yrs Trial: Gujarat HC Says Police, Prosecution & Trial Court Prima Facie Failed In Discharging Duty

The Gujarat High Court recently lamented the failure on part of the Police, the prosecution and the trial court in an assault case, which came to be transferred to a POCSO Court, eight years after commencement of trial.In his December 24 order, Justice Sandeep Bhatt observed that the victim had "categorically" deposed in her testimony in 2018 that at the time of incident, she was 15 years...

Court's Jurisdiction U/S 34 Of Arbitration Act Against Award Under MSMED Act Is Determined By Agreement Between Parties: Gujarat HC

The Gujarat High Court bench of Mrs. Chief Justice Sunita Agarwal and Mr.Justice Pranav Trivedi of has held that the jurisdiction of the Court to hear the application under Section 34 of the Arbitration Act' 1996 as to challenge the award passed under Section 18(4) of the MSMED Act' 2006, would be governed by the agreement between the parties which has conferred exclusive jurisdiction...

Gujarat High Court Dismisses PIL Against Mobile Games Alleged To Be Games Of Chance, In View Of Similar Pending Plea In Bombay HC

Observing that an identical PIL is pending before the Bombay High Court raising the same issue, the Gujarat High Court on Friday (January 3) dismissed a plea seeking a restrain on the operation on certain mobile game platforms on the ground that the games in question constitute games of chance and not games of skill.In doing so the court granted the petitioner–Sumit Kapurbhai Prajapati,...

Depriving An Employee Of Leave Encashment Which Is Akin To Salary And Is Thus A Property Violates His Constitutional Right: Gujarat HC

Dismissing Ahmedabad Municipal Corporation's plea against a labour court order directing it to pay arrears of leave encashment to a retired employee, the Gujarat High Court underscored that depriving a person of leave encashment–which is akin to salary and is thus a property, violates his statutory rights in the Constitution of India. Justice MK Thakker in her December 24 order said, "As...

Gujarat High Court Annual Digest 2024: Part-I [Citations 1-100]

Citations 2024 LiveLaw (Guj) 1 to 2024 LiveLaw (Guj) 1001. Income Tax Act | Section 119(2)(B) Application Cannot Be Rejected Citing Vague & Arbitrary ReasonsCase Title: M/S AMIT HOSPITAL PVT. LTD. Versus PRINCIPAL COMMISSIONER OF INCOME TAXLL Citation: 2024 LiveLaw (Guj) 1In a recent ruling, the Gujarat High Court has emphasized that applications under Section 119(2)(b) of the Income Tax...

Injuries Insufficient To Cause Death: Gujarat HC Grants Bail To Police Officers Convicted For Murder Of A Boy At An Observation Home

The Gujarat High Court suspended the sentence and granted regular bail to three police officers convicted and sentenced to life imprisonment after being booked for the murder of an 18-year-old boy stated to have been belonging to the Scheduled Caste, in an observation home where he had been kept in 2020. In doing so, the Court relied on the post-mortem report and the cross-examination of...

Gujarat HC Calls For Explanation From Judicial Officer Over 'Serious Allegations' On Conduct While Hearing Cheating Case

The Gujarat High Court on Monday (December 23) called for a detailed explanation from a judicial officer–of the rank of a sessions judge, after "prima facie" taking note of a plea making "serious allegations" about the officer's conduct while hearing proceedings in a forgery and cheating case. The order was passed in a plea wherein the petitioner had sought transfer of proceedings before...

"Large-Scale Scam": Gujarat HC Denies Anticipatory Bail To Businessman Booked In ₹6000 Crore Financial Fraud Case

The Gujarat High Court has dismissed the anticipatory bail plea of businessman and head of BZ group Bhupendrasinh Zala in connection with an alleged financial fraud amounting to ₹6000 crores observing that it appeared to be a “large scale scam” wherein “large number of people appear to have been duped by him”.Justice M.R. Mengdey in his December 23 order observed “The...

No Automatic Right To Backdated Regularization; Municipal Corporations May Consider Financial And Administrative Constraints: Gujarat HC

Gujarat High Court: A Division Bench comprising Justices A.S. Supehia and Gita Gopi set aside an order of a single judge bench that directed Ahmedabad Municipal Corporation (AMC) to backdate the regularization of certain daily wage workers. The Court held that municipal corporations cannot be compelled to regularize workers retrospectively, even if the workers had completed the...

Gujarat High Court Issues Notice On Father's Plea Alleging Illegal Detention Of His Daughter By Persons Living In ISCKON Temple

The Gujarat High Court on Tuesday (December 24) issued notice to the State on a habeas corpus petition moved by a man claiming that his daughter has been illegally detained by certain persons who used to allegedly live at Ahmedabad's ISCKON temple. A division bench of Justice Sangeeta K Vishen and Justice Sanjeev J Thaker in its order took note of the averment's made in the father's...

Gujarat High Court Directs Passport Authority To Decide Renewal Plea Of Congress MLA Vimal Chudasama Convicted In Rioting Case

The Gujarat High Court has directed the Passport Authority to decide the plea of Congress MLA Vimal Chudasama–who has court case pending–for renewal of passport, in view of Ministry of External Affairs's notification which permits Indian citizens–against whom criminal proceedings are pending in court–to travel abroad if they present a court order.Under Section 6 of the Passport Act...