Chanting "Modi Hai Toh Mumkin Hai" & Displaying Victory Sign Not Election Canvassing: Gujarat HC Quashes FIR Against Former MLA

The Gujarat High Court while quashing an FIR against former MLA Vibhavriben Vijaybhai Dave for allegedly violating the model code of conduct during the 2019 elections has ruled that chanting "Modi hai toh mumkin hai" and displaying the victory sign would not be considered election canvassing.Justice Cheekati Manavendranath Roy held, “As rightly contended by learned Senior Counsel for...

Gujarat High Court Weekly Round-Up: February 26 - March 03, 2024

Nominal Index [Citations: 2024 LiveLaw (Guj) 17-22 ]Real Prince Spintex Pvt. Ltd. Versus Union Of India 2024 LiveLaw (Guj) 17Shyamlal Rupchand Parwani Versus The Assistant Commissioner Income Tax , Central Circle 1(1) (1) 2024 LiveLaw (Guj) 18Amit Dineshchandra Patel Versus Reserve Bank Of India 2024 LiveLaw (Guj) 19Shyamlal Parag Nathalal Haria Versus State Of Gujarat 2024 Livelaw (Guj)...

Court Cannot Sit In Appeal Over Arbitral Award And Re-Examine The Merits: Gujarat High Court Dismisses Section 34 A&C Appeal

The Gujarat High Court division bench of Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee held that Court cannot sit in appeal over the arbitral award and re-examine the merits. It held that it is not permissible for a court to reappreciate the evidence on record.Further, it held that the arbitral award cannot be interfered with where on interpretation of any contract or document,...

Lender Banks Required To Provide Audit Reports To Borrowers & Allow Representation Before Classifying Accounts As Fraud: Gujarat High Court

The Gujarat High Court while partly allowing a special civil application has emphasized the importance of lender banks affording borrowers the opportunity to review audit reports and present their case before categorizing an account as fraudulent. The court stressed the need for lenders to provide a copy of audit reports and allow a reasonable window for borrowers to submit...

Gujarat High Court Grants Regular Bail to Accused in Rs. 67.72 Crore GST Fraud Case

In a notable legal development, the Gujarat High Court has granted regular bail to Parag Nathalal Haria, who was implicated in an alleged Goods and Services Tax (GST) fraud amounting to Rs. 67.72 crores.The ruling came in an Application filed under Section 439 of the Code of Criminal Procedure for enlarging the Applicant on Regular Bail in connection with F.No. GEXCOM / AE / INV / GST / 8107...

Gujarat High Court Directs Authorities To Follow Court Orders In IGST Refund Case

The Gujarat High Court, in its decision on a special civil application, while emphasising the binding nature of its directions on respondent-authorities, stated that once the Court issues directions, they hold authority over the respondent-authorities, and consequently, the respondent-authorities are obligated to adhere to the directions issued by the Court when exercising their powers...

Gujarat High Court Refuses To Interfere With Section 153C Income Tax Notice, Allows Assessee To Raise Objections

In a judgment with significant implications, the Gujarat High Court has declined to intervene in a case challenging the validity of notices issued under Section 153C of the Income Tax Act, 1961.The petition challenged the validity of several notices and orders issued under the Income Tax Act, 1961. Specifically, it challenges a notice dated 09.06.2022 for the Assessment Year 2014-15 under...

Bilkis Bano Case | 2 Convicts Withdraw Plea As Gujarat HC Expresses Disinclination To Grant Parole For Navchandi/Vastu Puja

Two convicts in the Bilkis Bano gangrape case on Thursday withdrew their petitions, seeking parole for Navchandi and Vaastu puja before the Gujarat High Court as the single judge expressed his disinclination to allow the relief. When the matter came up for hearing before a bench of Justice Divyesh Joshi, the court orally remarked 'rejected' and that is when the counsel for the Convict...

[GNLU-Queerphobia, Rape Allegations] 'Fact-Finding Panel's Report Is Scary, Students' Voices Suppressed': Gujarat HC Castigates University Admin

In a scathing observation, the Gujarat High Court today castigated the Gujarat National Law University (GNLU) administration for 'suppressing' allegations made by two students regarding queerphobia and rape on the University campus.Describing the sealed cover report submitted by the reconstituted Fact-Finding Committee, which was constituted to look into the allegations, as "scary", a bench...

Gujarat High Court Judge Criticizes Lawyers' Attempts To 'Browbeat' Him In Court Proceedings

Justice J C Doshi of the Gujarat High Court on Monday expressed dismay over what he described as attempts by lawyers to "browbeat" him in numerous cases.His remarks came during hearing of two anticipatory bail applications filed by lawyers representing former IAS officer SK Langa, in a case concerning irregularities in land transactions.As the court was prepared to deliver its verdict on...

Bilkis Bano Case | Days After His Surrender, Gujarat HC Grants 10-Day Parole To A Convict To Attend Nephew's Wedding

The Gujarat High Court today granted 10-day parole to one of the convicts in the infamous Bilkis Bano gangrape case, allowing him to attend his nephew's wedding scheduled to take place on March 5.Chandana moved the HC weeks after 11 convicts in the Bilkis Bano gangrape case surrendered at the Godhra sub-jail on January 21 as mandated by the Supreme Court. Earlier, on February 5, another...

Gujarat High Court Passes Interim Order Asking NCLT Ahmedabad To Permit Restricted Use Of Electronic Devices By Lawyers Before It

As an interim measure, the Gujarat High Court on Tuesday directed the National Company Law Tribunal (NCLT) in Ahmedabad to permit the use of electronic devices like laptops, tablets, and notebooks during hearings. While hearing a petition filed by Nipun Praveen Singhvi against the NCLT, the Court said the Tribunal cannot impose an absolute restriction on electronic devices but it can...