Proposal To Furnish Bank Guarantee, Not Enough For Stay Of Award, Should Establish Prima Facie Merits: Gujarat High Court

The Gujarat High Court bench of Chief Justice Mrs. Justice Sunita Agarwal and Justice Aniruddha P. Mayee has held that mere filing of an application under Section 34 of the Arbitration and Conciliation Act, 1996 does not render the award unenforceable. Further, the bench held merely requesting a stay on executing the decree upon furnishing a bank guarantee, without substantively...

Gujrat High Court Sets Aside Order Of District Judge Which Interfered With Arbitration Award

The Gujarat High Court bench of Chief Justice Justice Sunita Agarwal and Justice Aniruddha P. Mayee has held that arbitral awards providing reasoned interpretations of contractual terms are to be treated with substantial deference under Section 34 of the Arbitration and Conciliation Act, 1996. It held that reappreciation of evidence is not permissible under...

Gujarat High Court Stays Release Of Aamir Khan's Son Junaid Khan's Film 'Maharaj'

The Gujarat High Court has stayed the release of the film "Maharaj," featuring Junaid Khan, son of actor Aamir Khan, until the next hearing. The movie, produced by Yashraj Films and slated for release on Netflix today, has been halted by an ad-interim order issued by Justice Sangeetha K Vishen. The court has also issued notices to Yashraj Films, Netflix India, and others...

Gujarat High Court Slams State Govt Over Rajkot TRP Game Zone Fire, Demands Accountability And Fire Safety Measures

The Gujarat High Court, while hearing a suo motu motion, has strongly criticized the state government over the tragic Rajkot TRP Game Zone fire incident that claimed numerous lives. Chief Justice Sunita Agarwal and Justice Pranav Trivedi presided over the hearing and expressed profound grief and anger regarding the incident.During the hearing, the High Court lashed out at municipal...

Gujarat High Court Rejects Second Bail Plea Of Ex-ISRO Officer Booked For Sending Space Centre Photos To Pakistan-Based Woman

On Monday, the Gujarat High Court denied bail to Kalpesh Turi, a former technical officer at the Indian Space Research Organisation (ISRO) facing charges of cyber terrorism for allegedly sending photographs related to the organisation's Space Applications Centre to a woman based in Pakistan.Justice MR Mengdey presiding over the case denied Turi's bail for the second time noting that trial of...

Substitute Co-Arbitrator Cannot Be Appointed Under Section 15(2) Of Arbitration Act After Mandate Termination By Operation of Law: Gujarat High Court

The Gujarat High Court has ruled that a substitute Co-Arbitrator cannot be appointed under Section 15(2) of the Arbitration and Conciliation Act, 1996 (A&C Act) when an arbitrator's mandate is terminated by the operation of law.Chief Justice Sunita Agarwal presiding over the case, stated, "As discussed above, this is not a case of withdrawal from the office by the Arbitrator, but rather...

Gujarat High Court Weekly Roundup: June 3 - June 9, 2024

Nominal Index [Citations: 2024 LiveLaw (Guj) 73-77]Jagatsinh Punjesinh Parmar Vs State Of Gujarat 2024 LiveLaw (Guj) 73 State Of Gujarat Versus Himatlal Bhailal Rajgor & Ors 2024 LiveLaw (Guj) 74 State Of Gujarat Versus Suhel Ismail Ibrahim Vora Patel 2024 LiveLaw (Guj) 75 Ashokbhai Bhurjibhai Mori @ More Versus State Of Gujarat 2024 LiveLaw (Guj) 76 State Of Gujarat Versus...

[S.349 CrPC] Court Can Sentence Witness To A Maximum Of 7 Days Imprisonment Upon Unexplained Refusal To Produce Material Evidence: Gujarat High Court

The Gujarat High Court has quashed the conviction of a police inspector, sentenced to seven days of simple imprisonment, for allegedly failing to produce material evidence in a trial. The Court observed that as per Section 349 CrPC, the Court, after recording reasons, may sentence a witness for a term not exceeding seven days simple imprisonment, unless in the meantime, the witness produces...

Oral Dying Declaration Can Form Basis For Conviction If Deponent Of Fit Mind And Truthful, But Prudent To Look For Corroboration: Gujarat HC

In a recent ruling, the Gujarat High Court has upheld the acquittal of an accused in a murder case, emphasising that it is prudent to look for corroboration of an oral dying declaration.The division bench comprising Justices Ilesh J Vohra and Niral R Mehta observed,“an oral Dying Declaration can form the basis of conviction if the deponent is in fit condition to make the declaration and if...

Use Of Counterfeit Currency In Absence Of Mens Rea Doesn't Attract Offence U/S 489B IPC: Gujarat High Court Upholds Acquittal

In a recent ruling, the Gujarat High Court upheld the acquittal of six individuals in a counterfeit currency case, dismissing the appeal filed by the State under Section 378 of the Criminal Procedure Code, 1973. The Court maintained that the absence of mens rea, or the intention or knowledge of wrongdoing, rendered the mere use of forged or counterfeit currency notes insufficient to attract...

To Attract S.397 IPC, Burden Of Proof Lies On Prosecution To Establish That Alleged Robber Put The Weapon To Use: Gujarat High Court

In a recent ruling, the Gujarat High Court acquitted a robbery accused, emphasising that to establish a charge under Section 397 of the IPC, it is essential for the prosecution to prove that the offender used a weapon, such as a knife.The provision prescribes penalty for use of a weapon at the time of committing robbery or dacoity.Justice Nisha M. Thakore presiding over the case, observed,...

[Rajkot Gaming Zone Fire] Gujarat High Court Rebukes State Municipal Corp For Negligence; Demands Accountability From Commissioners

A special bench of the Gujarat High Court has strongly criticized state municipal corporations for their lack of accountability and failure to conduct periodic fire safety checks following the TRP Gaming Zone fire in Rajkot.The hearing took place before a division bench comprising Justices Biren Vaishnav and Devan M. Desai.Pursuant to the Court's earlier orders, Harshit P. Gosavi, IAS,...