Gujarat High Court
Gujarat High Court Deprecates And Cautions Arbitrator Morris Samuel Christian's Conduct, Warns Against Impersonation And Arbitrary Proceedings; Allows Petition By GMDC Ltd
The Gujarat High Court recently allowed the writ petition filed by Gujarat Mineral Development Corporation Limited praying for quashing and setting aside the mandate, constitution and authority of Morris Samuel Christian (respondent no.1) in relation to an Arbitration Case, with a further request to quash and set aside the ‘Final Awarding’ passed by the respondent. The bench of...
'PM Modi’s Degree Not Available On Gujarat University's Website': Arvind Kejriwal Seeks Review Of High Court's Order, Hearing On June 30
The Chief Minister of Delhi Arvind Kejriwal has moved the Gujarat High Court seeking a review of HC's March 31st order setting aside the 2016 order of the Central Information Commission (CIC) directing the Gujarat University to provide information regarding degrees in the name of Prime Minister Narendra Modi to the Delhi Chief Minister Arvind Kejriwal.Admitting the matter on Friday, the Bench...
Gujarat High Court Allows Termination Of 20 Week-Old Pregnancy Of Minor Rape Victim
The Gujarat High Court has allowed the termination of over 20 weeks-old pregnancy of a minor rape victim and said the medical procedure be undertaken at the earliest possible time considering the mental and physical health of the 17 years and 2 months old victim girl.The victim, through her father, had filed a petition seeking the termination of the pregnancy. In connection with the rape, an...
'People Staying In India Must Be Faithful To It': Gujarat HC Denies Bail To Congress Leader Accused Of Making FB Posts Against India, Prime Minister
The Gujarat High Court on Tuesday denied bail to a Congress Leader Afzal Lakhani who has been accused of making 'Anti-Indian', and 'Pro-Pakistani' Facebook Posts and posting derogatory remarks about the Prime Minister of India, Narendra Modi and his late mother Hiraba.Denying him bail, the bench of Justice Nirzar S. Desai observed thus:"People who stay in India must be faithful to...
‘14-15 Year-Old Girls Used To Get Married & Deliver Child Before 17 In Past, Read Manusmriti’: Gujarat HC In Plea For Termination Of Minor’s 7-Month Fetus
While dealing with a plea seeking termination of over 7-month-old fetus of a minor rape survivor (aged 16 years 11 months old), the Gujarat High Court orally observed as to how it was normal in the past for 14-15-year-old girls to get married and deliver a child before they turn 17. As the Counsel for the father of the rape survivor pressed for medical termination of the fetus in view...
GST Payable Only On The Cost of Construction and Not On The Cost Of Land: Gujarat High Court
The Gujarat High Court, while giving major relief to the buyers, has held that GST is payable only on the cost of construction and not on the cost of land.The bench of Justice J.B. Pardiwala and Justice Nisha M. Thakore has observed that in the sale of a flat, villa, or commercial property, the actual land value or undivided share is not at all subject to GST. The value of the land or...
Gujarat High Court Dismisses Petition Seeking Relaxation In Age Criteria For Gujarati Stenographer Recruitment
The Gujarat High Court has dismissed a woman's petition seeking relaxation in the age criteria for the post of Gujarati Stenographer."Since in the present case, the petitioner failed to establish that she is possessing the prescribed age limit on the date of the advertisement or is there any relaxation rule which permit her to participate in the selection process and further to participate in...
Doctor Accused of Issuing Fraudulent Medical Certificates To Prisoners, Gujarat High Court Orders Probe
The Gujarat High Court has ordered a police investigation against a doctor accused of issuing fraudulent medical certificates to prisoners to help them secure bail.This decision was prompted by two applications from prisoners seeking temporary bail for medical treatment, which led the court to scrutinize the authenticity of the medical certificates involved. The bench comprising Justice...
Gujarat High Court Dismisses Appeals Seeking 'Equal Pay For Equal Work' For Teachers With Diploma in Drawing
The Gujarat High Court has dismissed a batch of appeals seeking ‘equal pay for equal work’ for drawing teachers with diploma qualification, at par with other secondary teachers who possess degree qualification in the subject.“Law is categorically settled that the classification based on educational qualification is a reasonable and acceptable classification, when the different...
Assault Case Against Delhi LG Vinai Saxena| Gujarat High Court Stays Criminal Trial Proceedings Pending In Ahmedabad Court
The Gujarat High Court today granted ad-interim relief to Delhi Lieutenant Governor (L-G) Vinai Kumar Saxena in his plea for abeyance of trial in a 2002 assault case until he holds the post of LG. The Court has essentially granted an interim stay on the proceedings in the criminal trial case pending before the Ahmedabad Court.Earlier, on May 9, an Ahmedabad metropolitan court rejected...
Only Because Of FIR By Wife, He Has Filed Petition For Custody Of Children: Gujarat High Court Dismisses Habeas Corpus Plea
The Gujarat High Court recently dismissed a habeas corpus petition filed by a father who sought the custody of his children from his wife who is living separately, on the ground that the petitioner-father has not adopted alternative remedies available to him.The division bench of Justice Umesh A. Trivedi and Justice M. K. Thakker observed:“It is only because he is facing FIR for the...
Not Proper To Shift Burden On Complainant To Prove NI Act Case Beyond ‘Reasonable Doubt’ When Accused Didn’t Respond To Statutory Notice: Gujarat HC
While allowing a leave to appeal against acquittal in a criminal case under Section 138 of the N.I. Act, the Gujarat High Court said the Magistrate's approach in shifting the burden upon the complainant to prove his case beyond reasonable doubt was not proper “when the accused has chosen not to question the financial capacity of complainant at very first instance by not replying to...