'Absolute Gender Insensitivity': Gujarat HC Pulls Up GPSC For Rejecting Woman's Plea To Reschedule Interview Date Due To Advanced Stage Pregnancy

The Gujarat High Court has pulled up the Gujarat Public Service Commission (GPSC), condemning it for demonstrating 'complete gender insensitivity' in rejecting a pregnant woman's plea for a rescheduled interview date during her advanced stage of pregnancy. The court has directed the GPSC to refrain from announcing the results until the resolution of the petition.Justice Nikhil Kariel,...

SARFAESI Act | Charge Of Secured Creditor Will Precede Over The Charge Based On Dues Of Sales Tax: Gujarat High Court

The Gujarat High Court has reiterated that the charge of the Secured Creditor will precede over the charge of an Unsecured Creditor.The above ruling came in a writ petition whereby the core issue raised was - 'Who will have the first charge over the property in question i.e. Secured Creditor or the State / Central Government (Crowns debt) on account of non-payment of dues of the Sales...

Supreme Court Collegium Recommends Gujarat HC Judge Appointment After Centre Refers Back File Seeking Positive Consideration

The Supreme Court Collegium has recommended the appointment of Pranav Shailesh Trivedi, Advocate, for appointment as Judge of the Gujarat High Court.The collegium comprising Chief Justice DY Chandrachud, and Justices Sanjiv Khanna and BR Gavai has passed a Resolution which reveals that on 26 September 2022 the Collegium of the High Court of Gujarat unanimously recommended, inter alia, that...

1990 Custodial Death Case | Gujarat HC Dismisses Ex-IPS Officer Sanjiv Bhatt's Appeal Challenging Conviction & Life Term

The Gujarat High Court today dismissed an appeal filed by Sanjiv Bhatt, a former Indian Police Service officer, challenging his conviction and life imprisonment sentence imposed by the Jamnagar Court in connection with an alleged case of custodial torture and death dating back to 1990.The incident relates to the death of one Prabhudas Madhavji Vaishnani in November 1990, which was allegedly...

S. 80IA(4) Deduction Available To Assessee Engaged In Developing Infrastructure Projects Like Roads, Canals: Gujarat High Court

The Gujarat High Court has allowed the deduction under Section 80IA(4) of the Income Tax Act to the assessee engaged in developing infrastructure projects like roads, canals, etc.The bench of Justice Bhargav D. Karia and Justice Niral R. Mehta has observed that the assessee has entered into a development of infrastructure facility agreement and not a work contract.The respondent or assessee...

Gujarat High Court Annual Digest 2023 [Citations 1-204]

Citations 2023 LiveLaw (Guj) 1 to 2023 LiveLaw (Guj) 204NOMINAL INDEXPerfect Importers and Distributors (India) Pvt. Ltd. vs Union of India 2023 Livelaw (Guj) 1Shripal Raja Rajendrakumar Shah v. State of Gujarat & Ors 2023 Livelaw (Guj) 2Kirtilal Ravchandbhai Sanghavi & Ors. v. Reserve Bank of India & Anr. 2023 Livelaw (Guj) 3Fakirmamad Hushenbhai Sumbhaniya v. State of Gujara...

High Court Raps Gujarat Govt For Delay In Compensating Families Of Deceased Manual Scavengers

In a stern rebuke to the Gujarat government, the High Court on Wednesday criticized the prolonged delay in compensating the families of the deceased manual scavenging victims.The Court presided over by Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee, emphasized adherence to the Apex court's judgment and expressed dissatisfaction with the government's handling of...

Income Tax Act | Section 119(2)(B) Application Cannot Be Rejected Citing Vague & Arbitrary Reasons

In a recent ruling, the Gujarat High Court has emphasized that applications under Section 119(2)(b) of the Income Tax Act, 1961 must not be dismissed arbitrarily, especially when citing the absence of genuine hardship to the petitioner.The court stated that rejection on merits is unwarranted if the delay in filing the income tax return is not condoned.The ruling came in response to a...

Income Tax Act | Gujarat High Court Invalidates Income Tax Assessment Order Due To Violations Of Section 144B

In a significant legal development, the Gujarat High Court has invalidated an Income Tax Assessment Order, citing violations of Section 144B of the Income Tax Act.The petitioner, an individual assessee, primarily sought the following reliefs:(A) Petitioning for the issuance of a writ of certiorari and/or a writ of mandamus and/or any other appropriate writ, direction, or order to annul and...

2002 Gujarat Riots | High Court 'Not Inclined' To Quash FIR Against Teesta Setalvad In Mass Grave Digging Case

​​The Gujarat High Court on Monday expressed its disinclination to quash a First Information Report (FIR) filed at the Mahisagar district in 2006 against activist Teesta Setalvad in the Pandarwada mass grave digging case.The matter was listed before Justice Sandeep Bhatt who wondered “why are such dead horses required to be pulled?” Justice Bhatt further said, “After going through...

Gujarat HC Upholds Dismissal Of Magistrate For Taking Unauthorized Leave While Alleging 'Rot' In Judicial System

The Gujarat High Court last week upheld the dismissal of a magistrate who refused to return to work and subsequently went on unauthorized leave after a letter using “intemperate” language to an administrative judge of the High Court and the Principal District Judge of Vadodara in June 2013A division bench of Justices Biren Vaishnav and Nisha Thakore held, "Viewing the unauthorized absence...

'Our Officers Perform Puja When A Cow Passes Away': AMC Tells Gujarat High Court, Denies Mistreatment Of Impounded Cattle

On Friday, the Ahmedabad Municipal Corporation (AMC) refuted accusations made by certain cattle owners regarding the alleged mistreatment of impounded stray cattle. In response to these claims, the civic body informed the Gujarat High Court that AMC officers conduct a puja when a member of the impounded cattle passes away at the pound.AMC counsel GH Virk pointed out: “Let me only say...