Gujarat High Court Half Yearly Digest: January To June 2023 [Citations 1 - 109]

Citations 2023 LiveLaw (Guj) 1 to 2023 LiveLaw (Guj) 109

NOMINAL INDEX

Perfect Importers and Distributors (India) Pvt. Ltd. vs Union of India 2023 Livelaw (Guj) 1

Shripal Raja Rajendrakumar Shah v. State of Gujarat & Ors 2023 Livelaw (Guj) 2

Kirtilal Ravchandbhai Sanghavi & Ors. v. Reserve Bank of India & Anr. 2023 Livelaw (Guj) 3

Fakirmamad Hushenbhai Sumbhaniya v. State of Gujara 2023 Livelaw (Guj) 4

Saurabhbhai Kamleshkumar Shah Vs State Of Gujarat 2023 Livelaw (Guj) 5

PCIT Versus M/s. Reckitt Benckiser Healthcare India Ltd. 2023 Livelaw (Guj) 6

Anupam Industries Ltd. versus State Level Industry Facilitation Council 2023 Livelaw (Guj) 7

PCIT Versus M/s.Neotech Education Foundation 2023 Livelaw (Guj) 8

Shahlon Silk Industries Pvt. Ltd. Versus ACIT 2023 Livelaw (Guj) 9

Dhanraj Rajendra Patel v. Union of India 2023 Livelaw (Guj) 10

Swati Rajiv Goswami v. Commissioner of Police, Ahmedabad 2023 Livelaw (Guj) 11

High Court of Gujarat v. Gujarat Information Commission and 1 other 2023 Livelaw (Guj) 12

Divyesh Govindbhai Kunvariya v. State of Gujarat 2023 Livelaw (Guj) 13

Omni Lens Pvt. Ltd. Versus ACIT 2023 Livelaw (Guj) 14

Bhavesh @ Pinto Janakbhai Kotak v. Commissioner of Police 2023 Livelaw (Guj) 15

Kavita Krushna Kumar v. Union of India Case 2023 Livelaw (Guj) 16

Chaudhary Chetnaben Dilipbhai v. Chaudhary Dilipbhai Lavjibhai 2023 Livelaw (Guj) 17

Case Citation: 2023 Livelaw (Guj) 18

Aartiben Rameshshing Tomar v. Nasuruddin Chandanbhai Fakir 2023 Livelaw (Guj) 19

Dhaval Bijalji Thakore v. State of Gujarat 2023 Livelaw (Guj) 20

Harisinh Abhesinh Parmar v. State of Gujarat 2023 Livelaw (Guj) 21

ilanbhai Tarleshbhai Mandaliya v. State of Gujarat 2023 Livelaw (Guj) 22

High Court of Gujarat v. Chandravadan Dhruv & 1 Other 2023 Livelaw (Guj) 23

Imran Karimbhai Madam v. State of Gujarat 2023 Livelaw (Guj) 24

Sanjay Kalubhai Makwana v. Paschim Gujarat Vij Company Ltd. & 2 Ors.2023 Livelaw (Guj) 25

Deepak Nitrate Versus DCIT 2023 Livelaw (Guj) 26

Hitesh Ishwarbhai Misareeya & 1 Other v. State of Gujarat & 1 other 2023 Livelaw (Guj) 27

Odhavjibhai Mohanbhai Gadhiya Versus State of Gujarat 2023 Livelaw (Guj) 28

Ashaben Muljibhai Ghori v. State of Gujarat 2023 Livelaw (Guj) 29

Anandbhai Bharatbhai Vaghela v. State of Gujarat 2023 Livelaw (Guj) 30

Pratapbhai @ Shivbhai Hamirbhai Solanki v. State of Gujarat 2023 Livelaw (Guj) 31

Shree Siddhi Foods Versus ACIT Case Citation: 2023 Livelaw (Guj) 32

Patel Ambalal Kalidas v. Patel Motibhai Kalidas 2023 Livelaw (Guj) 33

Pahal Engineers versus Gujarat Water Supply and Sewerage Board 2023 Livelaw (Guj) 34

Shweta Sanjay Bhatt v. State of Gujarat 2023 Livelaw (Guj) 35

Farhan Tasaddukhusain Barodawala v. Onali Ezazuddin Dholkawala 2023 Livelaw (Guj) 36

Kundankumar Navalkishor Mahato v. The Maharaja Sayajirao Univeristy of Baroda 2023 Livelaw (Guj) 37

Nimish Mahendra Kapadia v. The Dy. Secretary, Gujarat Information Commission 2023 Livelaw (Guj) 38

GVV v. State of Gujarat 2023 Livelaw (Guj) 39

Khojema Saifudin Dodiya v. Registrar of Birth and Death/Chief Officer, Dhoraji Nagarpalika 2023 Livelaw (Guj) 40

Purnesh Ishvarbhai Modi v. State of Guajrat 2023 Livelaw (Guj) 41

Ashokbhai Narsinh Thakor/ Padhiyar v. Gujarat State Wakf Tribunal (Through Chairman) 2023 Livelaw (Guj) 42

Indian Bank (erstwhile Allahabad Bank) vs. Morris Samuel Christian 2023 Livelaw (Guj) 43

Rajveer Pravinchandra Upadhyay & 4 Ors. v. State of Gujarat & 3 Ors. 2023 Livelaw (Guj) 44

Ravi Hareshbhai Patni v. State of Gujarat 2023 Livelaw (Guj) 45

Pravinbhai Becharbhai Parmar (Thakor) v. State of Gujarat 2023 Livelaw (Guj) 46

Mahavirsinh Vanrajsinh Gohil v. State of Gujarat 2023 Livelaw (Guj) 47

Maunish Dinkar Shaw & Anr. v. State of Gujarat & Anr. 2023 Livelaw (Guj) 48

Shree Ganesh Molasses Trading Company Versus Superintendent [R/Special Civil Application No. 4026 of 2022] 2023 Livelaw (Guj) 49

State of Gujarat v. Koli Arjan Samat Vaderah & 3 other(s) [Criminal Appeal No. 506 of 2011] 2023 Livelaw (Guj) 50

A B C (Victim) v. State of Gujarat 2023 Livelaw (Guj) 51

Rajnikant Motibhai Patel v. Ahmedabad Municipal Corporation 2023 Livelaw (Guj) 52

Keenara Industries Private Limited Versus Income Tax Officer 2023 Livelaw (Guj) 53

Manishkumar Tulsidas Kaneriya Versus Assistant Commissioner Of Income Tax, Central 1, Rajkot 2023 Livelaw (Guj) 54

Bhagwan Rajabhai Chaudhari v. State of Gujarat 2023 Livelaw (Guj) 55

Ishrat Bhaya v. Central Pollution Control Board 2023 Livelaw (Guj) 56

State of Gujarat v. Rambhai Nathabhai Luna 2023 Livelaw (Guj) 57

Piyam Jigesh Dave v. SAL School of Architecture & Ors. 2023 Livelaw (Guj) 58

Pradeep Nirankarnath Sharma v. Directorate of Enforcement & Anr. 2023 Livelaw (Guj) 59

Ratilal Kalidas Varma Versus State Of Gujarat 2023 Livelaw (Guj) 60

State of Gujarat vs. Sureshbhai Honjibhai Gamit 2023 Livelaw (Guj) 61

Shri Sundarpuri Yuvak Pragati Mandal Through its President Patel Ajabhai Gokhlabhai vs. State Of Gujarat 2023 Livelaw (Guj) 62

Goganbhai Rambhai Shekh vs. State of Gujrat 2023 Livelaw (Guj) 63

Gujarat University Vs. M Sridhar Acharyulu (Madabhushi Sridhar) 2023 Livelaw (Guj) 64

J.K. Paper Ltd. Through Santosh Wakhloo, Authorized Signatory Herein v. Competition Commissioner of India 2023 Livelaw (Guj) 65

Pawan Kumar Sharma vs. Anandalaya Education Society 2023 Livelaw (Guj) 66

Ramjibhai Ravjibhai Siyani v. State of Gujarat 2023 Livelaw (Guj) 67

Kaushal Arvindkumar Bhatt v. The Gujarat Technological University Through The Registrar 2023 Livelaw (Guj) 68

KV Vadodaria & 3 Other(S) Versus State Of Gujarat 2023 Livelaw (Guj) 69

Patel Dharmeshbhai Naranbhai vs Dharmendrabhai Pravinbhai Fofani 2023 Livelaw (Guj) 70

Hansaben Rtubhai Prajapati vs. State of Gujarat 2023 Livelaw (Guj) 71

Karthik Deepak Sharma Versus Director General, Nirma University 2023 Livelaw (Guj) 72

Kajalben Jwalant Shingala @ Kajalben Hindustani Versus State Of Gujarat 2023 Livelaw (Guj) 73

Govindbhai Pirabhai Ghanchi (Modi) v. State Examination Board, Gujarat State 2023 Livelaw (Guj) 74

Azajkhan Hamidkhan Pathan Vs. State Of Gujarat [Writ Petition (Pil) No. 38 Of 2023] 2023 Livelaw (Guj) 75

Bimlakumari Lajpatraj Hurra Versus Income Tax Officer 2023 Livelaw (Guj) 76

Rajendrakumar @ Raj S/O Khemabhai Makwana Versus District Magistrate, Ahmedabad 2023 Livelaw (Guj) 77

Axis Bank Limited Versus Assistant Commissioner Of Income Tax 2023 Livelaw (Guj) 78

Nirmal Jagmohan Sharma vs High Court Of Gujarat Livelaw (Guj) 79

Kishorbhai Khimjibhai Mundhava vs. State of Gujarat Case Citation: 2023 Livelaw (Guj) 80

Yashang Navinbhai Patel vs Dilipbhai Prabhubhai Patel 2023 Livelaw (Guj) 81

Rajesh Kumar Mishra v. State of Gujarat 2023 Livelaw (Guj) 82

Mahendra Singh Sherawat & ors vs. State of Guj. 2023 Livelaw (Guj) 83

Rajnish Kumar Rai, IPS (Retd.) vs. Union of India 2023 Livelaw (Guj) 84

Farhan vs. State of Gujarat 2023 Livelaw (Guj) 85

Hariom Mukeshbhai Bhatt vs. State of Gujarat 2023 Livelaw (Guj) 86

Amina Traders v. Gujarat Secondary and Higher Secondary Education Board 2023 Livelaw (Guj) 87

Samirkumar Chandubhai Joshi vs. State of Gujarat & Ors 2023 Livelaw (Guj) 88

Malav Ajitbhai Mehta vs. State Of Gujarat 2023 Livelaw (Guj) 89

Yogendrakumar Dindayal Dhoot vs Manish Kisan Binani 2023 Livelaw (Guj) 90

Raj Rameshbhai Mistry v. State of Gujarat 2023 Livelaw (Guj) 91

Manishkumar Prahladbhai Patel Vs. State Of Gujarat & Ors. 2023 Livelaw (Guj) 92

Anuradha Vikramsinh Rajput Versus Gujarat Subordinate Services Selection Board (Gaun Seva Pasandgi Mandal) 2023 Livelaw (Guj) 93

Munjaal Manishbhai Bhatt Versus Union Of India Case Citation: 2023 Livelaw (Guj) 94

Case Citation: 2023 Livelaw (Guj) 95

XYZ Minor Victim Versus State Of Gujarat 2023 Livelaw (Guj) 96

Gujarat Mineral Development Corporation Limited Versus Morris Samuel Christian 2023 Livelaw (Guj) 97

RHC Global Exports Private Limited Versus Union Of India Case Citation: 2023 Livelaw (Guj) 98

Narayan @ Narayan Sai @ Mota Bhagwan S/O Asharam @ Ashumal Harpalani Versus State Of Gujarat 2023 Livelaw (Guj) 99

Ibrahim Muhammmadamin Kharadi Versus Ministry Of Minority Affairs Haj Division Case Citation: 2023 Livelaw (Guj) 100

XYZ (Minor) vs. State of Gujarat 2023 Livelaw (Guj) 101

Sky Industries Ltd. Vs. State Of Gujarat 2023 Livelaw (Guj) 102

Auriga Shipping Management Pte Ltd vs MT Syrma and Patanjali Foods Ltd vs MT Syrma 2023 Livelaw (Guj) 103

Mahebubbhai Bhachubhai Bhati Versus State Of Gujarat & 1 Other(S) 2023 Livelaw (Guj) 104

Sona Metals Versus State Of Gujarat 2023 Livelaw (Guj) 105

Jyantilal Vadilal Shah & 1 Other(S) Versus State Of Gujarat & 1 Other(S) 2023 Livelaw (Guj) 106

Manishaben Mukeshkumar Darji Versus State Of Gujarat 2023 Livelaw (Guj) 107

Dineshkumar Chhaganbhai Nandani Versus Income Tax Officer,Ito Wd 2(1)(1), Rkt 2023 Livelaw (Guj) 108

DP Versus PN /First Appeal No. 4199 Of 2017 2023 Livelaw (Guj) 109

Orders/Judgments

ADD Not Leviable In Period Between Expiry Of Provisional ADD Notification And Final Notification: Gujarat High Court

Case Title: Perfect Importers and Distributors (India) Pvt. Ltd. vs Union of India

Case Citation: 2023 Livelaw (Guj) 1

The Gujarat High Court has reiterated that imports made during the intervening period between the expiry of the Notification imposing Provisional Anti-Dumping Duty (ADD) and the Notification levying final Anti-Dumping Duty, would not attract Anti-Dumping Duty.

The Court dismissed the contention made by the revenue department that since the final Anti-Dumping Duty Notification was issued with effect from the same date as the Provisional Duty Notification, levying duty at the same rate as specified in the Provisional Duty Notification, the goods imported in the interregnum period would attract duty.

S.125 CrPC | Husband Bound To Financially Support Wife & Children, Cannot Shirk Responsibility To Maintain Them: Gujarat High Court

Case Title: Shripal Raja Rajendrakumar Shah v. State of Gujarat & Ors

Case Citation: 2023 Livelaw (Guj) 2

The Gujarat High Court recently observed that a husband is dutybound to provide financial support to his legally wedded wife and children and he cannot evade the responsibility to maintain them. Justice Samir J. Dave added that being a father and a husband, the man has a social and lawful duty towards providing the same standard of living to his wife and children that they enjoyed before the separation.

Writ Courts Can't Sit In Armchair Of Financial Experts U/Art 226, Business Prudence Can't Be Subject Matter Of Judicial Scrutiny: Gujarat High Court

Case Title: Kirtilal Ravchandbhai Sanghavi & Ors. v. Reserve Bank of India & Anr.

Case Citation: 2023 Livelaw (Guj) 3

The Gujarat High Court on Monday held that writ courts exercising jurisdiction under Article 226 of the Constitution cannot sit in the armchair of financial experts and decide matters of business prudence. A Division Bench of Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri added that interference in financial and banking matters would only be called for if the impugned decision is evidently perverse, illegal or contrary to the admitted facts of the case.

'Pita Dharma, Pita Swarga': Gujarat High Court Reminds Sanskrit Shloka To Father Accused Of Molesting 12-Yr Old Daughter, Denies Bail

Case Title: Fakirmamad Hushenbhai Sumbhaniya v. State of Gujarat

Case Citation: 2023 Livelaw (Guj) 4

The Gujarat High Court has denied bail to a man accused of physically molesting his 12 year-old daughter on several occasions. The accused-father allegedly wanted to marry the victim-daughter and had even threatened to kill the entire family, should the mother of the victim reveal the incidents of molestation to anyone.

Ahmedabad Construction Site Deaths: Gujarat High Court Orders Action Against Police Inspector For Showing 'Undue Haste' To Help Accused

Case Title: Saurabhbhai Kamleshkumar Shah Vs State Of Gujarat

Case Citation: 2023 Livelaw (Guj) 5

Deprecating the undue haste with which the Investigating Officer had first filed a deletion report, then C summary report and finally the chargesheet in the case relating to the deaths of seven workers at a construction site in Ahmedabad last year, the Gujarat High Court recently directed the state Home Secretary and Police Commissioner, Ahmedabad to look into the conduct of the officer.

Assessee Entitled For Deduction On Export Benefits On Account Of The Refund Of Excise Duty: Gujarat High Court

Case Title: PCIT Versus M/s. Reckitt Benckiser Healthcare India Ltd.

Case Citation: 2023 Livelaw (Guj) 6

The Gujarat High Court has upheld the tribunal’s order, by which it was held that the assessee was entitled to and eligible for deduction on export benefits on account of the refund of excise duty under Section 80IC of the Income Tax Act.

Arbitration Under MSMED Act For Supplies Made Prior To Registration, Void-ab-initio: Gujarat High Court

Case Title: Anupam Industries Ltd. versus State Level Industry Facilitation Council

Case Citation: 2023 Livelaw (Guj) 7

The Gujarat High Court has ruled that arbitral proceedings initiated under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) relating to the services provided by the claimant before its registration under the MSMED Act, are void-ab-initio.

Once Assessee Shows Genuineness Of Transactions, No Additions Can Be Made: Gujarat High Court

Case Title: PCIT Versus M/s.Neotech Education Foundation

Case Citation: 2023 Livelaw (Guj) 8

The Gujarat High Court has held that the assessee has discharged the primary onus to prove the creditworthiness of the transaction. The division bench of Justice Sonia Gokani and Justice Sandeep N. Bhatt has observed that the initial burden, even if not discharged at the level of the assessing officer, can be discharged by the production of documents before the CIT (Appeals), where two remand reports have been called for. Every transaction has been made through a banking channel, there is no reason to also question the creditworthiness.

Reopening The Assessment Based On Change Of Opinion, Not Valid: Gujarat High Court

Case Title: Shahlon Silk Industries Pvt. Ltd. Versus ACIT

Case Citation: 2023 Livelaw (Guj) 9

The Gujarat High Court has held that the Assessing Officer cannot have any jurisdiction to issue the notice for reopening the assessment when the assessment is sought to be reopened beyond a period of four years. The division bench of Justice N.V. Anjaria and Justice Bhargav D. Karia has observed that there was a change of opinion by the Assessing Officer to reopen the assessment for the assessment year 2013-2014, more particularly when the issues raised in the reopening assessment were already considered during the assessment proceedings under Section 143(3) of the Act, 1961.

Gujarat High Court Backs Centre's Policy Denying Entry In India To Foreigners Convicted For Sexual Offences

Case Title: Dhanraj Rajendra Patel v. Union of India

Case Citation: 2023 Livelaw (Guj) 10

The Gujarat High Court recently came in support of Centre's policy refusing entry in India to foreigners convicted of rape or foreigners who are found to be morally depraved.

Dismissing a US-citizen's plea, Justice Biren Vaishnav observed, "The petitioner has been convicted as a sex offender and the endorsement is so made on his passport too. In the exercise of a statutory power flowing from the provisions of Section 3 of the Foreigners Act, 1946, guidelines have been issued that foreigners who are morally depraved are not permitted to enter the territorial limits of India. The country is within its rights to prescribe norms valid to prevent such people from setting foot on the Indian soil."

Citizens Have Right To Know Rules Under Which They Are Refused Permission To Hold Peaceful Protests: Gujarat High Court

Case Title: Swati Rajiv Goswami v. Commissioner of Police, Ahmedabad

Case Citation: 2023 Livelaw (Guj) 11

The Gujarat High Court has held that citizens have a right to know the rules and regulations under which they are denied the permission to hold peaceful protests. It added that refusal of the Police to publicize such rules amounts to "killing and smothering" the very purpose of the Right to Information Act.

RTI | Personal Info Not Serving Public Interest Can't Be Disclosed: Gujarat HC Tells Judicial Officer Who Sought Transfer Communications Of Other Officers

Case Title: High Court of Gujarat v. Gujarat Information Commission and 1 other Case

Citation: 2023 Livelaw (Guj) 12

Allowing a petition preferred by the Gujarat High Court administration, a single bench of Justice Biren Vaishnav quashed the order of the State Information Commission requiring the administration to disclose certain third party, personal information sought by a judicial officer under Right to Information Act. The bench reiterated that information which is “personal" in nature and which does not serve any public interest cannot be provided under the Right to Information Act.

Employee Facing Departmental Action Allowed To Engage Advocate For His Defence If Inquiry Officer Is A Legal Expert: Gujarat High Court

Case Title: Divyesh Govindbhai Kunvariya v. State of Gujarat

Case Citation: 2023 Livelaw (Guj) 13

In the context of departmental proceedings, the Gujarat High Court has held that a delinquent employee is entitled to engage a counsel for his defence where the inquiry officer himself is a legal expert.

Allowing the plea made by one such employee, Justice A.S. Supehia observed, "In the present case, since the Inquiry Officer himself is a City Civil Judge and expert in the legal proceedings, the assistant of a legal practitioner for defending the case of the petitioner cannot be denied...The Apex Court has emphatically held that if any person, who possesses legal acumen is appointed as an inquiry officer in an inquiry initiated against an employee, the denial of a legal practitioner for assistance in inquiry to the charged employee will be unfair."

Failure Of Taxpayer To Disclose Fully: Gujarat High Court Refuses To Quash Reassessment

Case Title: Omni Lens Pvt. Ltd. Versus ACIT

Case Citation: 2023 Livelaw (Guj) 14

The Gujarat High Court has refused to quash the reassessment because the taxpayer has not truly and fully disclosed the material. The division bench of Chief Justice Aravind Kumar and Justice Ashutosh Shastri observed that if the petitioner or assessee was not remedial and has now questioned the issuance of a notice, he is required by law to cooperate with the authority in the adjudication process. When the authority ultimately passes any adverse order, the entire remedy created under the special statute is very much available to the petitioner.

Mere Registration Of FIRs Without Any Nexus To Breach Of Public Order No Ground To Arrest A Person Under Preventive Detention Law: Gujarat High Court

Case Title: Bhavesh @ Pinto Janakbhai Kotak v. Commissioner of Police

Case Citation: 2023 Livelaw (Guj) 15

A division bench of the Gujarat High Court recently quashed a detention order on the ground that merely registration of FIRs without any nexus with the breach of maintenance of public order cannot bring the case of the detenue within the purview of definition under section 2(b) the Gujarat Prevention of Anti Social Activities Act, 1985.

Gujarat High Court Quashes Reassessment Order Citing Inability Of Assessee To Secure Relevant Documents Amid Covid-19 Lockdown

Case Title: Kavita Krushna Kumar v. Union of India

Case Citation: 2023 Livelaw (Guj) 16

The Gujarat High Court recently quashed a reassessment order and final notice of assessment issued against to an assessee after she failed to produce the relevant documents, particularly Form-F prescribed under Gujarat Value Added Tax Act, 2003 amid Covid-19 lockdown.

S.28 Hindu Marriage Act Prevails Over S.19 Family Courts Act, Time Limit To Prefer Appeal Is 90 Days: Gujarat High Court

Case Title: Chaudhary Chetnaben Dilipbhai v. Chaudhary Dilipbhai Lavjibhai

Case Citation: 2023 Livelaw (Guj) 17

The Gujarat High Court recently reiterated that the time limit for filing an appeal challenging a judgement or order of Family Court arising out of a matrimonial dispute under Hindu Marriage Act, 1955 (the Act) is 90 days.

The order addresses the confusion created by the two provisions since whereas the appeal prescribed under Section 28 of the Hindu Marriage Act is 90 days from the date of order, Section 19 of the Family Courts Act stipulates only a period of 30 days for filing an appeal.

Crowdfunding 'Misuse' Case: TMC Spokesperson Saket Gokhale Denied Bail By Gujarat High Court

Case Citation: 2023 Livelaw (Guj) 18

The Gujarat High Court today denied bail to the Trinamool Congress spokesperson Saket Gokhale who was arrested on December 30 in a case pertaining to the alleged misuse of money collected by him through crowdfunding. The bench of Justice Samir J Dave dismissed the plea as he orally asked the Senior Counsel appearing for Gokhale to come after the filing of the chargesheet in the matter.

Motor Accident Tribunal Should Grant ₹1 Lakh Compensation For Upto 10% Permanent Disability Suffered By Minor: Gujarat High Court Reiterates

Case Title: Aartiben Rameshshing Tomar v. Nasuruddin Chandanbhai Fakir

Case Citation: 2023 Livelaw (Guj) 19

The Gujarat High Court recently modified the judgment and award granted by the Motor Accident Claims Tribunal on the ground that the tribunal had not complied with the directions issued by the Supreme Court, prescribing Rs. 1 lakh compensation for a minor who sustains upto 10% permanent disability in a motor accident.

The claimant had challenged the order of the tribunal which awarded an amount of Rs.30,000/- holding the opponents therein jointly and severally liable to pay the compensation.

POCSO Act | Accused Has Statutory Right To Cross Examine Victim But Questions Should Not Reveal Her Identity: Gujarat High Court

Case Title: Dhaval Bijalji Thakore v. State of Gujarat

Case Citation: 2023 Livelaw (Guj) 20

The Gujarat High Court has made it clear that though an accused under the POCSO Act has the right to cross examine the victim, the questions asked by the defence cannot be such that reveal her identity during the trial. Justice Ilesh J. Vora observed that Section 33 cast a duty upon the Court to ensure that the identity of the child is not disclosed at any time during the course of investigation or trial.

Anticipatory Bail Cannot Be Granted Solely On Ground That Accused Is Not Required For Custodial Interrogation: Gujarat High Court

Case Title: Harisinh Abhesinh Parmar v. State of Gujarat

Case Citation: 2023 Livelaw (Guj) 21

A single judge bench of the Gujarat High Court held that the non-requirement of custodial interrogation cannot by itself be a ground to grant anticipatory bail to an accused. "Custodial interrogation can be one of the grounds to decline anticipatory bail. However, even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant anticipatory bail," Justice Samir J. Dave observed.

[S.451 CrPC] No Need To Keep Valuable Articles In Police Custody Till Conclusion Of Trial: Gujarat High Court Reiterates

Case Title: Milanbhai Tarleshbhai Mandaliya v. State of Gujarat

Case Citation: 2023 Livelaw (Guj) 22

The Gujarat High Court recently reiterated that the court or police is not required to keep valuable articles in custody for years till the trial is over. Justice Ilesh J. Vora stated that if the proper panchnama before handing over possession of article is prepared, that can be used in evidence instead of its production before the Court during the trial.

Judges Of High Court Hold Constitutional Post, Information About Their Salary and Allowances Cannot Be Disclosed Under Section 4(1)(b)(x) Of RTI Act: Gujarat High Court

Case Title: High Court of Gujarat v. Chandravadan Dhruv & 1 Other

Case Citation: 2023 Livelaw (Guj) 23

The Gujarat High Court recently quashed and set aside State Information Commission's order directing disclosure of the salary and allowances of a former Additional Judge of the Gujarat High Court under the RTI Act. Chandravadan Dhruv had filed an application under the RTI Act on 14.06.2016 seeking certain information, one of which was to provide information regarding the Salary and allowances paid to the said judge for performing her duty as Additional Judge, Gujarat High Court.

[S.311 CrPC] Witness Cannot Be Recalled Merely Because Party Failed To Put Certain Important Questions During Cross-Examination: Gujarat HC

Case Title: Imran Karimbhai Madam v. State of Gujarat

Case Citation: 2023 Livelaw (Guj) 24

A single judge bench of the Gujarat High Court has reiterated that prosecution witnesses could not be recalled for cross-examination under section 311 of the CrPC on the ground that certain important questions were not asked during the cross-examination.

While dismissing the criminal revision petition, Justice Umesh A. Trivedi observed that the petitioner has not mentioned what is left to be asked to the said witnesses and therefore has failed to show that without recalling the witnesses, court is unable to deliver the judgement.

Amputation Of Both Arms Should Be Construed As 100% Disability For Granting Compensation: Gujarat High Court

Case Title: Sanjay Kalubhai Makwana v. Paschim Gujarat Vij Company Ltd. & 2 Ors.

Case Citation: 2023 Livelaw (Guj) 25

The Gujarat High Court recently enhanced the compensation granted by the civil court to a claimant on the ground that losing of both arms ‘below elbow upto lower one third of forearm’ shall be construed to be 100% disability as per the guidelines for Evaluation of Permanent Physical Impairment in Amputees (the guidelines).

Sale Consideration Out Of Transfer Of Capital Asset Is Liable To Capital Gain: Gujarat High Court

Case Title: Deepak Nitrate Versus DCIT

Case Citation: 2023 Livelaw (Guj) 26

The Gujarat High Court has held that the detachable warrant has an existence of its own along with the debenture purchased by the assessee for a sum of Rs. 50. The realization would be a sale consideration arising out of the transfer of a capital asset and is subject to capital gain. The division bench of Chief Justice Aravind Kumar and Justice Ashutosh Shastri observed that the detachable warrant has a separate existence and that, as such, a portion of the debenture's cost is attributable to the warrant, which is interconnected.

Offences Under Pre-Conception & Pre-Natal Diagnostic Techniques Act Affect Society, Settlement Between Parties Not Acceptable: Gujarat High Court

Case Title: Hitesh Ishwarbhai Misareeya & 1 Other v. State of Gujarat & 1 other

Case Citation: 2023 Livelaw (Guj) 27

The Gujarat High Court has held that settlement between parties in cases where an offence is committed under Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 cannot be accepted.

The application was filed before the High Court under section Section 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside the FIR related to the offences punishable under Sections 304, 313, 314, 120(B), 114 of the Indian Penal Code and under Sections 22 of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 as well as the Criminal Case pending beforeAdditional Chief Metropolitan Magistrate, Ahmedabad.

Sales Tax or VAT Dues Payable Can't Be Claimed As Priority Over Dues Of Secured Creditor: Gujarat High Court

Case Title: Odhavjibhai Mohanbhai Gadhiya Versus State of Gujarat

Case Citation: 2023 Livelaw (Guj) 28

The Gujarat High Court has held that Sales tax or VAT dues payable cannot be claimed as priority over dues of the secured creditor. The division bench of Justice N.V. Anjaria and Justice Bhargav D. Karia has observed that the charge in respect of the property in question created for sales tax dues is of no avail and has no efficacy in law.

Cannot Invoke Writ Jurisdiction For Registration Of FIR When Alternate Remedy Available: Gujarat High Court

Case Title: Ashaben Muljibhai Ghori v. State of Gujarat Case Citation: 2023 Livelaw (Guj) 29

The Gujarat High Court, in its recent judgment in Ashaben Muljibhai Ghori v. State of Gujarat, has ruled that writ jurisdiction cannot be invoked for registration of an FIR. A single judge bench of Justice Ilesh J. Vora disposed of a writ petition seeking the writ court’s directions for the registration of an FIR.

The petitioner argued that despite her representations, she could not get the concerned authorities to register an FIR. Hence, she moved the Court under article 226 of the Constitution.

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations

Case Title: Anandbhai Bharatbhai Vaghela v. State of Gujarat Case

Citation: 2023 Livelaw (Guj) 30

The Gujarat High Court recently quashed a trial court order denying the accused opportunity to examine a police inspector in a rape case. The officer had recorded the statement of the victim in a different case.

The applicant-accused moved an application under Sec 233 of Cr.P.C. for the issuance of process upon the witness, who had recorded the statement of the victim in connection with the case registered with Naranpura Police Station for the offences under Section 307 IPC.

Chain Of Evidence Not Conclusive, Conviction Prima Facie Erroneous: Gujarat HC Suspends Life Sentence Of Former MP's Nephew In RTI Activist Murder Case

Case Title: Pratapbhai @ Shivbhai Hamirbhai Solanki v. State of Gujarat

Case Citation: 2023 Livelaw (Guj) 31

The Gujarat High Court on Monday suspended the life sentence imposed by a CBI Court on Pratap @ Shiva Solanki, nephew of former BJP MP Dinu Solanki, in connection with RTI activist Amit Jethva murder case of 2010.

The court also released Shiva on conditional bail, pending disposal of criminal appeal before the High Court. RTI Activist Amit Jethva who tried to expose illegal mining activities in the state through RTI applications was murdered outside the Gujarat High Court premises on July 20, 2010.

Practice Of Not Responding To Request Of Adjournment, To Take Matter Up At Anytime, When AO Deems Fit Is Not Endorsable: Gujarat High Court

Case Title: Shree Siddhi Foods Versus ACIT

Case Citation: 2023 Livelaw (Guj) 32

The Gujarat High Court has held that the practice of not responding to the request for adjournment and thereafter taking the matter up at any time when the Assessing Officer deems it appropriate was not endorsable.

The division bench of Justices Sonia Gokani and Sandeep N. Bhat ruled that the order of 148A(d) and issuance of notice under Section 148 of the Income Tax Act merited review. Both need to be quashed. The matter goes back to the stage of considering the reply filed on 25.3.2022.

Gujarat High Court Accepts Apology Of 12 Judicial Officers Who Failed To Dispose 45 Yrs Old Suit, Drops Contempt Proceedings

Case Title: Patel Ambalal Kalidas v. Patel Motibhai Kalidas

Case Citation: 2023 Livelaw (Guj) 33

The Gujarat High Court on Tuesday dropped the contempt proceedings and accepted the unconditional apology rendered by 12 judicial officers who failed to dispose of a suit which is pending since 1977 till date, despite the direction issued by the High Court in November 2004 to dispose it of by the end of year 2005.

Arbitral Tribunal Not Justified In Dismissing Claim Petition For Not Being Verified As Per CPC: Gujarat High Court

Case Title: Pahal Engineers versus Gujarat Water Supply and Sewerage Board

Case Citation: 2023 Livelaw (Guj) 34

The Gujarat High Court has ruled that failure to abide by the procedural laws would not be fatal to the arbitral proceedings and thus, the Arbitral Tribunal was not justified in dismissing the claim petition/ statement of claims solely on the ground that it was not verified as contemplated under Order VI Rule 15 of the Code of Civil Procedure, 1908 (CPC).

Gujarat High Court Dismisses Plea Seeking Disclosure Of Reasons For Withdrawal Of Sanjiv Bhatt’s Security In 2018

Case Title: Shweta Sanjay Bhatt v. State of Gujarat

Case Citation: 2023 Livelaw (Guj) 35

The Gujarat High Court on Friday dismissed a petition filed by former IPS Officer Sanjiv Bhatt's wife Shweta Sanjay Bhatt regarding disclosure of reasoning by the State Government for withdrawal of police protection of her husband.

While dismissing the petition, the single judge bench of Justice Nirzar S. Desai said the reason behind granting police protection, at the relevant point of time, was the fact that the husband of the petitioner was serving as an IPS officer, and also was a witness in a criminal trial.

Gujarat High Court Imposes Cost On Persons 'Hounding' Muslim Man Who Purchased Shops In Predominantly Hindu Area

Case Title: Farhan Tasaddukhusain Barodawala v. Onali Ezazuddin Dholkawala

Case Citation: 2023 Livelaw (Guj) 36

The Gujarat High Court recently dismissed a review petition seeking recall of an order approving the sale of certain shops in a predominantly Hindu area to a Muslim man. Justice Biren Vaishnav also imposed Rs. 25,000 costs on the petitioners, stating it "is a disturbing factor that a successful purchaser of property in a disturbed area is being hounded and thwarting his attempt to enjoy the fruits of the property which he successfully purchased."

Gujarat HC Quashes Public University's Decision To Debar Student Over Objectionable Artwork Of Hindu Deities Without Inquiry

Case Title: Kundankumar Navalkishor Mahato v. The Maharaja Sayajirao Univeristy of Baroda

Case Citation: 2023 Livelaw (Guj) 37

The Gujarat High Court quashed an order of Maharaja Sayajirao University, which permanently debarred a student of post-graduation student at its Department of Sculpture Faculty of Fine Arts for display of objectionable art work of Hindu Goddesses.

The single judge bench of Justice Bhargav D. Karia found that the impugned order was passed in breach of principles of natural justice. It remanded the matter back to the respondent-University to pass appropriate order upon the inquiry report submitted by the Fact Finding Committee and further inquiry which may be conducted after giving an opportunity of hearing to the student.

'Professional Communications' Between Govt Pleader And State Regarding Judicial Proceedings Can't Be Disclosed Under RTI Act: Gujarat HC

Case Title: Nimish Mahendra Kapadia v. The Dy. Secretary, Gujarat Information Commission

Case Citation: 2023 Livelaw (Guj) 38

The Gujarat High Court on Monday dismissed a petition filed by a practising advocate seeking details, under the RTI Act, of the correspondences between government advocate and various offices of the State regarding a matter in which he had appeared for the petitioning party. The advocate sought the details purportedly to ascertain the reasons on part of State in preferring an appeal.

Gujarat High Court Permits Alleged Minor Rape Victim Insisting Termination Of Pregnancy 'At Her Own Risk'; Medical Board Immune From Any Litigation

Case Title: GVV v. State of Gujarat

Case Citation: 2023 Livelaw (Guj) 39

The Gujarat High Court on Friday permitted an alleged rape victim (minor), who insisted to terminate her pregnancy of 19 weeks and 4 days despite the risks cited by the Medical Board, to do so at her own risk.

Justice Ilesh J. Vora presiding the Court said that the doctors constituting the Medical Board will remain immune in the event of any litigation arising in this matter. It observed, "It is clarified to the learned advocate for the petitioner and the petitioner also about the risk factors involved and that petitioner shall undergo the procedure of medical termination of pregnancy at her own risk. It is further made clear that the doctors, who have put their opinion on record, shall have the immunity in the event of occurrence of any litigation arising out of the instant Petition."

Authorities Can’t Insist For Civil Court Decree To Make Changes In Birth Records When Registered Deed Of Adoption Present: Gujarat High Court

Case Title: Khojema Saifudin Dodiya v. Registrar of Birth and Death/Chief Officer, Dhoraji Nagarpalika

Case Citation: 2023 Livelaw (Guj) 40

The Gujarat High Court on Friday held that a registered deed of adoption is enough to prove the validity of adoption of a child under Hindu Adoptions and Maintenance Act, 1956, and that there is no requirement to have a civil court decree asserting such deed, for change in birth records.

The court was hearing a bunch of petitions in which the question before the court was whether the competent authorities can refuse to change the birth records in the absence of a decree of a competent court.

'Modi Surname' Remark: Gujarat High Court Vacates Stay On Criminal Defamation Case Against Rahul Gandhi

Case Title: Purnesh Ishvarbhai Modi v. State of Guajrat

Case Citation: 2023 Livelaw (Guj) 41

The Gujarat High Court has vacated the stay on trial in criminal defamation case against Congress leader and MP Rahul Gandhi, filed by Surat West MLA Purnesh Modi for his alleged remarks “why all thieves share the Modi surname” made during a political campaign in Karol in April 2019. The single judge bench of Justice Vipul M. Pancholi vacated the stay after the petitioner submitted that sufficient evidence has come on record of the trial court and the stay order will only delay the trial.

Waqf Tribunal Cannot Insist On Deposit Of Cost For Issuing Notice: Gujarat High Court

Case Title: Ashokbhai Narsinh Thakor/ Padhiyar v. Gujarat State Wakf Tribunal (Through Chairman)

Case Citation: 2023 Livelaw (Guj) 42

The Gujarat High Court has held that there is no procedure under Gujarat State Waqf Tribunal (Procedure) Rules, 1998 by which the Gujarat State Waqf Tribunal can insist on deposit of cost for issuing notice on a petition filed before it.

It was the petitioner’s case that the petitioner’s forefathers had donated the land to the respondent No.2 for constructing ‘Musafir Khana’ for giving accommodation to the pilgrims.

Merely Because The Borrower Is An MSME, It Would Not Be Governed By The Arbitral Mechanism Provided Under MSMED Act: Gujarat High Court

Case Title: Indian Bank (erstwhile Allahabad Bank) vs. Morris Samuel Christian

Case Citation: 2023 Livelaw (Guj) 43

The Gujarat High Court has ruled that merely because the borrower is an MSME, it would not be governed by the provisions of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act), including the arbitral mechanism envisaged under the said Act.

The bench of Justice Biren Vaishnav observed that though, as per the mechanism provided under the MSMED Act, the dispute between the supplier and the buyer of goods or services may be adjudicated through arbitration in accordance with the Arbitration and Conciliation Act, 1996 (A&C Act), however, the same does not contemplate adjudication of disputes arising from a loan transaction, which is the subject matter of a special Act such as the SARFAESI Act.

Can't Entertain Plea For Demolition Unless It Specifies Particular Area Of Encroachment: Gujarat High Court

Case Title: Rajveer Pravinchandra Upadhyay & 4 Ors. v. State of Gujarat & 3 Ors.

Case Citation: 2023 Livelaw (Guj) 44

The Gujarat High Court has made it clear that it cannot issue a direction simply on a plea for demolition, not describing the particular area which is allegedly under encroachment. Single bench of Justice Nirzar S. Desai dismissed a writ petition seeking demolition of alleged illegal encroachment in Gujarat Housing Board in Chandkhela area of Ahmedabad.

It observed, “Unless the petition specifies particular illegal encroachment, the Court would not be in a position to issue any direction either to Gujarat Housing Board or to Ahmedabad Municipal Corporation.”

Element Of Love Affair, Virtually Resided As Husband-Wife: Gujarat High Court Suspends Sentence Of POCSO Convict

Case Title: Ravi Hareshbhai Patni v. State of Gujarat

Case Citation: 2023 Livelaw (Guj) 45

The Gujarat High Court recently granted bail to a convict under POCSO Act on the ground that there was element of love affair and the prosecutorix had virtually resided with the convict as husband and wife, till they were apprehended.

The applicant-convict approached the High Court in appeal against the judgment and order dated December 12, 2022 by which he was convicted by the POCSO Court, Gandhi Nagar for offences punishable under Section 363 (Punishment for kidnapping), Section 366 (Kidnapping, abducting or inducing woman to compel her marriage, etc.), Section 376 (Punishment for rape) of IPC and under Section 4 (Punishment for penetrative sexual assault) and Section 6 (Punishment for aggravated penetrative sexual assault) of the POCSO Act, 2012.

Gujarat High Court Dismisses With Cost Husband's Habeas Corpus Plea To Trace Wife, For Suppressing Parallel Search Proceedings U/S 97 CrPC

Case Title: Pravinbhai Becharbhai Parmar (Thakor) v. State of Gujarat

Case Citation: 2023 Livelaw (Guj) 46

The Gujarat High Court recently dismissed with costs, a habeas corpus petition filed by a husband for the production of his wife who was allegedly kidnapped by her relatives, on the ground that the husband has concealed the fact that he has already filed an application under section 97 (Search for persons wrongfully confined) of CrPC.

The division bench of Justice N.V. Anjaria and Justice Niral R. Mehta observed: “The factum of filing of proceedings of Criminal Miscellaneous Application No. 02 of 2023 under section 97, CrPC was suppressed by the petitioner while filing this Habeas Corpus petition. The Court was not apprised of the proceedings under section 97 CrPC.”

Gujarat High Court Sets Aside Order Denying Arms License To Businessman Saying He May Deal In Digital Payment To Avoid Threats In Cash Transactions

Case Title: Mahavirsinh Vanrajsinh Gohil v. State of Gujarat

Case Citation: 2023 Livelaw (Guj) 47

The Gujarat High Court on Monday set aside an order of Single Judge Bench of the High Court which denied the arms licence to a business man who had requested for the same as he had to deal with cash transactions, on the ground that there were options open for him to deal through digitized payment and avoid cash transactions.

While allowing the Letters Patent Appeal filed by the appellant, the division bench of The Acting Chief Justice A. J. Desai and Justice Biren Vaishnav observed: “Perusal of the impugned orders before the learned Single Judge indicate that the only ground that weighed with the authorities in rejecting the request of the appellant for an arms license is that there were options open for the appellant to deal through digitized payment and avoid cash transactions and that there was no threat perception. Reading the provisions of the Arms Act, particularly sec. 14 thereof indicates that such ground as the ones advanced by the authorities are beyond the scope of section 14 of the Act.”

Father Lawful Guardian Of Child Below 5 Yrs, Removing Such Child From Mother's Custody Not Kidnapping U/S 361: Gujarat High Court

Case Title: Maunish Dinkar Shaw & Anr. v. State of Gujarat & Anr.

Case Citation: 2023 Livelaw (Guj) 48

The Gujarat High Court recently reiterated that father being a natural and lawful guardian, removal by him of his son below 5 years of age from his mother is not an offence under Section 361 (Kidnapping from lawful guardianship) of IPC.

While quashing the criminal proceedings against the applicants, the single judge bench of Justice Ilesh J. Vora observed: “In order to constitute an offence under Section 361 of the Indian Penal Code, there must be a kidnapping of a person from lawful guardianship. Here the applicant is himself the lawful guardian of the minor. It cannot therefore, be said that, he committed an offence under Section 361 of the Indian Penal Code by getting the custody of his own son from his wife.”

Reversal of ITC At Midnight During Search And Seizure Operation Can't Be Treated As Voluntary Payment: Gujarat High Court Directs Refund

Case Title: Shree Ganesh Molasses Trading Company Versus Superintendent [R/Special Civil Application No. 4026 of 2022]

Case Citation: 2023 Livelaw (Guj) 49

The Gujarat High Court has held that the reversal of input tax credit (ITC) at midnight during search and seizure operations can't be treated as a voluntary payment. The division bench of Justice Sonia Gokani and Justice Sandeep S. Bhatt has directed the department to reverse the ITC to the tune of Rs. 37,68,300 along with 6% interest.

Appellate Court Should Not Interfere With Trial Court's Acquittal Order Merely Because Two Views Are Possible: Gujarat High Court

Case Title: State of Gujarat v. Koli Arjan Samat Vaderah & 3 other(s) [Criminal Appeal No. 506 of 2011]

Case Citation: 2023 Livelaw (Guj) 50

​​A bench of Justice Rajendra M.Sareen of Gujarat High Court confirmed the acquittal of the accused person charged under Sections 498(A), 306 and 114 of the Indian Penal Code, 1860 (IPC).

The court reiterated that when two views are possible, the judgment and order of acquittal passed by the trial Court should not be interfered with by the Appellate Court unless for the special reasons. The appeal was filed by the state under Section 378(1)(3) of the Code of Criminal Procedure,1973 against the acquittal passed by the trial court.

Chances Of 26 Weeks Old Foetus Surviving Extremely Low: Gujarat High Court Allows Rape Victim To Terminate Pregnancy

Case Title: A B C (Victim) v. State of Gujarat

Case Citation: 2023 Livelaw (Guj) 51

The Gujarat High Court recently permitted a rape victim to medically terminate her pregnancy of 26 weeks, stating that chances of survival of the foetus are extremely low at this gestational period.

Justice Samir J. Dave observed, "according to Indian Medical Association guidelines, age of viability has been deemed to be 28 weeks of gestation or 1000 grams, both of which are not sufficed in the above mentioned case. Hence, it can be stated that chances of survival of fetus are extremely low."

Employee Terminated Due To Criminal Prosecution Not Automatically Entitled To Back Wages Upon Acquittal In Appeal: Gujarat High Court Reiterates

Case Title: Rajnikant Motibhai Patel v. Ahmedabad Municipal Corporation

Case Citation: 2023 Livelaw (Guj) 52

The Gujarat High Court on Monday reiterated that an employee who was terminated from services on account of criminal prosecution, would not be able to claim back wages automatically on the ground that he was subsequently acquitted.

The single judge bench of Justice Sandeep N. Bhatt observed: “In view of peculiar facts of the present case, it is well settled that grant of back wages is never an automatic relief to follow, the theory of ‘no work, no pay’ would apply.”

Reassessment Notices Issued After Elapse Of Six Years: Gujarat High Court Quashes Assessment

Case Title: Keenara Industries Private Limited Versus Income Tax Officer

Case Citation: 2023 Livelaw (Guj) 53

The Gujarat High Court has held that the reassessment notices were issued after the lapse of six years and are therefore time-barred. The single bench of Justice Sonia Gokani has observed that the board's circulars and instructions are binding only on the departmental authorities and not on the court or the assessee.

No Notice Served On Assessee, Assessment Order Passed Without Giving An Opportunity Of Hearing: Gujarat High Court Quashes Order

Case Title: Manishkumar Tulsidas Kaneriya Versus Assistant Commissioner Of Income Tax, Central 1, Rajkot

Case Citation: 2023 Livelaw (Guj) 54

The Gujarat High Court, while setting aside the assessment orders, held that the assessment under Section 153 read with Section 144 had been done by the assessing officer without giving the petitioner assessee an opportunity to be heard in terms of and within the meaning of Section 144 of the Act.

The division bench of Justice N.V. Anjaria and Justice Niral R. Mehta has observed that the petitioner did not receive any notice. It was only when the petitioner opened the portal to check the demand for the assessment year 2021–2022, that he knew about the impugned orders of reassessment and the consequential penalty orders.

Gujarat High Court Imposes ₹5000 Cost On Man For Seeking Custody Of Live-In Partner Who Is Married To Another Man

Case Title: Bhagwan Rajabhai Chaudhari v. State of Gujarat

Case Citation: 2023 Livelaw (Guj) 55

The Gujarat High Court dismissed a habeas corpus petition with Rs. 5000/- cost on the petitioner who was seeking custody of his live-in partner alleging that she was in illegal custody of her husband.

The division bench of Justice Vipul M. Pancholi and Justice Hemant M. Prachchhak observed: “It is not in dispute that till today, the marriage of the petitioner is not solemnized with the respondent No.4 (corpus). At the same time, divorce has not taken place between respondent No.4 (corpus) and respondent no. 5 (husband). We are, therefore, of the view that custody of respondent No.4 with respondent No.5 cannot be termed as illegal custody as alleged by the petitioner and the petitioner has no locus to file the present petition on the basis of the so-called live-in-relationship agreement.”

Gujarat High Court Dismisses PIL Against Nayara Refinery, Says Pollution Control Board Monitoring Emission On Daily Basis

Case Title: Ishrat Bhaya v. Central Pollution Control Board

Case Citation: 2023 Livelaw (Guj) 56

The Gujarat High Court has dismissed a PIL against oil refinery Nayara for allegedly emitting hazardous substances and polluting Vadinar Village in Devbhumi Dwarka.

The bench comprising Acting Chief Justice A.J. Desai and Justice Biren Vaishnav observed the prayers cannot be accepted without any cogent material produced by the petitioner or the case put forward by the Gujarat Pollution Control Board that the continuous monitoring was made through OCEMS system.

Neither IO Nor Public Prosecutor's Office Seriously Followed Plea Against Anticipatory Bail Order: Gujarat High Court Ask State To Take Action

Case Title: State of Gujarat v. Rambhai Nathabhai Luna

Case Citation: 2023 Livelaw (Guj) 57

Observing that neither the Investigating Officer nor the Office of the Public Prosecutor seriously followed State's plea challenging the grant of anticipatory bail to an accused, the Gujarat High Court recently directed the Secretary, Home Department and Secretary, Legal Department to take appropriate action

The single bench of Justice Umesh A. Trivedi observed: “From the papers, a sorry state of affairs has been projected. Since the order of anticipatory bail of the respondent– accused passed on 01.08.2019, it came to be challenged by the State, that too, at the instance of the I.O. and present application has come to be affirmed on 17.01.2020 and filed on 18.01.2020. It appears that it has not been seriously followed either by the Office of the Public Prosecutor or by the Investigating Officer himself.”

Educational Institute Can't Refuse NOC, Migration Certificate If Student Does Not Wish To Study There: Gujarat High Court

Case Title: Piyam Jigesh Dave v. SAL School of Architecture & Ors.

Case Citation: 2023 Livelaw (Guj) 58

The Gujarat High Court recently directed the SAL School of Architecture, Ahmedabad to issue NOC to one of its student of Bachelor of Architecture course who after completion of one academic year at SAL, has taken provisional admission in Nirma University.

The single judge bench of Justice Bhargav D. Karia held: “Respondent No.1 (SAL School of Architecture) cannot deny NOC when the petitioner does not want to study with the respondent No.1-Institute and more particularly, when the petitioner has studied 3rd Semester in the Nirma University and in such circumstances, in order to see that the petitioner continue the study of Bachelor of Architecture without any hindrance, respondent No.1 is hereby directed to issue NOC to the petitioner within two days from today.”

Gujarat High Court Upholds Trial Court's Decision To Not Discharge Ex-IAS Officer Pradeep Sharma In Money Laundering Case, Orders Expeditious Trial

Case Title: Pradeep Nirankarnath Sharma v. Directorate of Enforcement & Anr.

Case Citation: 2023 Livelaw (Guj) 59

The Gujarat High Court recently refused to interfere with the order of trial court rejecting former IAS Officer Pradeep Sharma's application for discharge in a case under Prevention of Money Laundering Act (PMLA).

The single judge bench of Justice Samir J. Dave observed: “While rejecting the discharge application of the applicant, learned trial court has specifically observed that on the basis of prima facie investigation made by ED, it appears that the applicant is prima facie involved in Hawala i.e., illegal transfer of money from nation to foreign countries. Prima facie there is sufficient material, which warrants this court to arrive at prima facie inferences that applicant is involved in such serious case wherein discretion is not required to be exercised.”

Manager Asking Employee To Explain Irregularity In Books Of Accounts Not Abetment To Commit Suicide U/S 306 IPC: Gujarat High Court

Case title: Ratilal Kalidas Varma Versus State Of Gujarat

Case Citation: 2023 Livelaw (Guj) 60

The recent ruling of the Gujarat Hight Court has made it clear that a Manager asking its employee to explain alleged irregularities in the books of accounts does not amount to abetment to commit suicide under section 306 of the IPC.

A bench of Justice Hemant M. Prachchhak observed, "If the person who is sentimental and if he takes some ultimate steps which does not amount to abetting the commission of crime in question and therefore, the ingredients of offence under Section 114 read with Section 306 of IPC is not made out."

Inability Of Prosecution To Establish Dead Body's Identity Not Sufficient Ground For Acquittal: Gujarat High Court

Case Title: State of Gujarat vs. Sureshbhai Honjibhai Gamit

Case Citation: 2023 Livelaw (Guj) 61

The Gujarat High Court has held that the inability of the prosecution to establish the identity of the dead-body on the basis of DNA reports is not a sufficient ground for acquittal of the accused, especially in a case where the accused was charged with murdering his own wife and where the remains of the dead-body were found buried in his residential premises.

Approach Concerned Authority: Gujarat High Court To Litigant Seeking Action Against Encroachment Of Village Graveyard

Case Title: Shri Sundarpuri Yuvak Pragati Mandal Through its President Patel Ajabhai Gokhlabhai vs. State Of Gujarat

Case Citation: 2023 Livelaw (Guj) 62

The Gujarat High Court has disposed of a Public Interest Litigation (PIL) seeking action against alleged illegal encroachment on a piece of land allotted for the graveyard in Banaskantha district of Gujarat. The division bench of Acting Chief Justice AJ Desai and Justice Biren Vaishnav took note of the submission made by Taluka Development Officer, Dhanera Taluka Panchayat, that a notice has been issued to several persons with regard to alleged encroachment.

Gujarat High Court Grants Bail To Alleged Ganja Cultivator Citing 'Intermediary Quantity' Contraband

Case Title: Goganbhai Rambhai Shekh vs. State of Gujrat

Case Citation: 2023 Livelaw (Guj) 63

The Gujarat High Court while allowing a criminal miscellaneous application, granted bail to an accused in a Ganja cultivation case, citing intermediary quantity and lack of criminal antecedents.

The court passed the above order in an application seeking grant of regular bail after the charge-sheet was filed in connection with an offence registered under Sections 8(b), 8(c), 20(b), 20(a)(i) and 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

Gujarat High Court Quashes CIC’s Order Directing Gujarat Varsity To Provide Info On PM Modi’s Degree; ₹25K Imposed On Delhi CM Kejriwal

Case Title - Gujarat University Vs. M Sridhar Acharyulu (Madabhushi Sridhar)

Case Citation: 2023 Livelaw (Guj) 64

The Gujarat High Court today quashed and set aside the 2016 order of the Central Information Commission (CIC) directing the Gujarat University to provide “information regarding degrees in the name of Mr. Narendra Damodar Modi” to Delhi Chief Minister Arvind Kejriwal.

With this, the bench of Justice Biren Vaishnav allowed the appeal filed by Gujarat University challenging CIC’s order on the ground that the same was passed without serving notice to it. It may be noted that the Judgment in the matter was reserved on February 9 after hearing the concerend parties extensively.

No 'Public Interest' Involved In Disclosure Of PM's Degree Details; Arvind Kejriwal Made Mockery Of RTI Act's Intent: Gujarat High Court

Case Title - Gujarat University Vs. M Sridhar Acharyulu (Madabhushi Sridhar)

Case Citation: 2023 Livelaw (Guj) 64

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, the Gujarat High Court today held that the educational degrees of the PM are exempted from disclosure under the provisions of Section 8(1)(e) and (j) of the RTI Act in absence of any larger public interest.

With this, the bench of Justice Biren Vaishnav allowed the appeal filed by Gujarat University challenging CIC’s order.

Cartel Amongst Paper Mills? Gujarat High Court Refuses To Interfere With CCI's Investigation Order

Case Title: J.K. Paper Ltd. Through Santosh Wakhloo, Authorized Signatory Herein v. Competition Commissioner of India

Case Citation: 2023 Livelaw (Guj) 65

The Gujarat High Court on Monday dismissed a writ petition filed by J.K. Paper Ltd. challenging an investigation order under Section 26 of Competition Act, 2002 passed by the Competition Commission of India on the ground that the said order is an administrative order which only forms a prima facie opinion and it does not affect rights and liabilities of the petitioner.

Scope Of Judicial Review In Service Matters Limited, Affected Party Must Avail Civil Remedy: Gujarat High Court Reiterates

Case Title: Pawan Kumar Sharma vs. Anandalaya Education Society

Case Citation: 2023 Livelaw (Guj) 66

The Gujarat High Court dismissed a Special Civil Application filed by a principal against his termination by Anandalaya Education Society citing a clear element of loss of confidence in the petitioner by the respondent-institution. Justice Sandeep N Bhatt made it clear that the writ is not maintainable under Article 226 of the Constitution of India against the present respondent institution.

Gujarat High Court Transfers Trial In Criminal Intimidation Case To Morbi After Lawyers In Bhuj Refuse To Defend Accused

Case Title: Ramjibhai Ravjibhai Siyani v. State of Gujarat

Case Citation: 2023 Livelaw (Guj) 67

The Gujarat High Court recently allowed a petition filed by an accused for transfer of his case from Kachchh district to Morbi on the ground that no advocate from the District Bar Association, Bhuj was willing to defend the accused as the lawyers' body had passed a resolution not to defend him.

The single judge bench of Justice Ilesh J. Vora observed: “In the facts of the present case, the apprehension expressed by the applicant that, he will not get fair and impartial trial as no any advocate of the Bar is ready to defend his case. Considering the resolution of the Bar, the members were not satisfied with the conduct of the applicant herein. On earlier occasion also, he was convicted by the Court as he could not defend his case properly. Thus, the apprehension expressed by the applicant herein is reasonable and considering the peculiar facts and circumstances of the present case, this Court is of the opinion that, the grounds mentioned in the petition are substantial to necessitate the exercise of power of transfer, mainly on the ground of depriving the facility of competent legal aid to the petitioner.”

'Writ Of Quo Warranto Not An Appeal Over Academic Decision': Gujarat High Court Sets Aside Verdict Against GTU Associate Professor's Appointment

Case Title: Kaushal Arvindkumar Bhatt v. The Gujarat Technological University Through The Registrar

Case Citation: 2023 Livelaw (Guj) 68

The Gujarat High Court has set aside a single judge bench's decision asking a person to vacate the post of Associate Professor (Management) in Gujarat Technological University (GTU) due to his alleged ineligibility for the said post.

The division bench of Justice N. V. Anjaria and Justice Bhargav D. Karia observed: “In any view, writ of quo warranto is not an appeal over an academic decision. When more particularly, the decision in the instant case treating the Ph.D. in Commerce to be in 'relevant field' for the purpose of post of Associate Professor (Management), cannot be said to be founded on any irrational consideration.”

Gujarat High Court Opens 'Sealed Cover' Results Of Two Public Service Aspirants After 25 Yrs, Finds Them Successful

Case Title: KV Vadodaria & 3 Other(S) Versus State Of Gujarat

Case Citation: 2023 Livelaw (Guj) 69

About 25 years after two public service aspirants challenged the eligibility criteria for recruitment as Agricultural Officers through State Public Service Commission, the Gujarat High Court opened their sealed cover results on Thursday and found them successful.

The merit was declared in December 1998 but results of the four petitioners were withheld. They had challenged the Deputy Director of Agriculture and the District Agricultural Officer Recruitment Rules of 1987, saying that the upper age criteria for the posts was inconsistent with the academic and experience criteria.

Right To Safe Food A Fundamental Right U/Article 21; Right To Sell Meat Subservient To Public Health: Gujarat High Court

Case Title - Patel Dharmeshbhai Naranbhai vs Dharmendrabhai Pravinbhai Fofani

Case Citation: 2023 Livelaw (Guj) 70

Holding that right to safe food is a Fundamental Right under Article 21 of the Constitution of India, the Gujarat High Court today observed that the right to free trade in food items like meat, or any such food has to be subserving to the public health and food safety requirements.

The bench of Justice N. V Anjaria opined thus while disposing of a bunch of PIL Pleas filed by meat vendors and associations in Gujarat challenging the closing of their establishments/shops by official authorities on account of not complying with food safety laws, selling meat in unhygienic conditions or through unlicensed shops.

No Unrestricted Freedom To Sell Meat/Run Slaughter Houses On Religious Occasions Sans Complying With Food Safety Laws: Gujarat HC

Case Title - Patel Dharmeshbhai Naranbhai vs Dharmendrabhai Pravinbhai Fofani

Case Citation: 2023 Livelaw (Guj) 70

The Gujarat High Court today held that there is no unrestricted freedom available to meat vendors, sellers, and slaughterhouse owners to do business in meat or to run slaughterhouses on the ground of religious occasions when they are otherwise non-compliant with the food safety laws. The bench of Justice NV Anjaria also noted that the activity of running unlicensed slaughterhouses and selling unstamped meat could not be approved or permitted without the stakeholders complying with the applicable laws.

'Public Interest Will Always Have Precedence Over Private Interest': Gujarat High Court Rejects Plea Against Redevelopment Of Residential Units

Case Title: Hansaben Rtubhai Prajapati vs. State of Gujarat

Case Citation: 2023 Livelaw (Guj) 71

The Gujarat High Court has dismissed a petition challenging the redevelopment of residential units of Surya Apartments, Sola Road, in Ahmedabad under a scheme floated by the Gujarat Housing Board (GHB). A total of 14 residents of the premises had moved the high court against the redevelopment contending that the principles of natural justice, which is a prerequisite for any redevelopment scheme, was not followed in the entire process.

Nature Of Malpractice And Not Just Penalty Imposed Important To Ascertain Misconduct: Gujarat High Court Rejects Law Student's Plea

Case Title: Karthik Deepak Sharma Versus Director General, Nirma University

Case Citation: 2023 Livelaw (Guj) 72

The Gujarat High Court has dismissed an application seeking relief to appear for regular examinations filed by a law student who was found to be involved in misconduct and was caught cheating during the end semester examination.

While giving a holistic view to the regulations on unfair practices framed by the university administration, Justice Sangeeta K Vishen held, “...if the student, is found possessing any kind of electronic devices, during the examination irrespective of whether it is used or not used, the same is termed to be a misconduct and therefore, one is not to go only by the penalty imposed but the nature of the malpractices committed by the petitioner as well. It is not in dispute that the malpractice, was committed by the petitioner and to suggest that the instant misconduct would not be covered by Regulation 5(iv), such suggestion, is difficult to be accepted.”

Ram Navami Hate Speech| 'Let Police Complete The Probe': Gujarat HC Disposes Kajal Hindustani's FIR Quashing Plea As Withdrawn

Case Title: Kajalben Jwalant Shingala @ Kajalben Hindustani Versus State Of Gujarat

Case Citation: 2023 Livelaw (Guj) 73

The Gujarat High Court on Thursday disposed of, as withdrawn, right-wing activist Kajal Hindusthani's plea seeking to quash an FIR lodged against her in connection with a Speech delivered by her on the occasion of Ram Navami on March 30 which allegedly caused a communal clash in Una on April 1.

"Let the police complete the investigation", the bench of Justice Samir J. Dave remarked after hearing the arguments of the Counsel appearing for Kajal as it found no ground to quash the FIR at the initial stage.

Persons With Benchmark Disability Can Appear With Scribe In TET-II Exam On April 23: Gujarat Govt To High Court

Case Title: Govindbhai Pirabhai Ghanchi (Modi) v. State Examination Board, Gujarat State

Case Citation: 2023 Livelaw (Guj) 74

Gujarat Government on Tuesday informed the Gujarat High Court that it has allowed the candidates with benchmark disability to appear with scribe for the TET-II exam on April 23. A petition was filed before the High Court challenging the action of the State in not providing the scribe in accordance with the guidelines of Central and State Government for conducting the written examination for the person with benchmark disabilities.

Eid & Parshuram Jayanti Celebrations| 'Steps Taken To Avoid Mob Lynching, Communal Disturbance; Police Force To Remain Vigilant', Gujarat Govt Informs HC

Case Title - Azajkhan Hamidkhan Pathan Vs. State Of Gujarat [Writ Petition (Pil) No. 38 Of 2023]

Case Citation: 2023 Livelaw (Guj) 75

The Gujarat High Court on Friday expressed its satisfaction with the submission made by the Gujarat Government that it has taken sufficient steps to avoid mob lynching or any communal disturbance during the celebrations of the festivals and that its forces shall remain vigilant during such festivals.

In its affidavit submitted before the HC, the state government submitted that it has, inter alia, banned the usage of Loud Speakers, and DJs and has issued instructions to all the organisers and participants not to use objectionable content through Public Address System/DJs/Loud Speakers during processions.

Income Tax Assessment Can’t Be Reopened Without Any Foundation: Gujarat High Court

Case Title: Bimlakumari Lajpatraj Hurra Versus Income Tax Officer

Case Citation: 2023 Livelaw (Guj) 76

The Gujarat High Court has held that when the foundation was missing, there could not have been the erection of ground to seek reopening of assessment. The bench of Justice N.V. Anjaria and Justice Devan M. Desai has observed that neither foundational facts existed nor could any tangible material be available with the assessing officer to justify the exercise of power to reopen the assessment.

Gujarat High Court Quashes Detention Order Under Black Marketing Prevention Law, Says Not Known If Statutory Provisions Followed

Case Title: Rajendrakumar @ Raj S/O Khemabhai Makwana Versus District Magistrate, Ahmedabad

Case Citation: 2023 Livelaw (Guj) 77

Observing that order of detention passed by the State Government, along with the grounds, was mandatorily required to be forwarded to the Central Government within seven days, the Gujarat High Court quashed an order of detention under Prevention of Black Marketing & Maintenance of Supplies of Essential Commodities Act, 1980.

The division bench of Justices AS Supehia and Divyesh A Joshi at the outset recorded that no affidavit-in-reply was filed by the Detaining Authority in the case filed by the detenu. It also noted that the impugned order of detention is premised on the basis of registration of a solitary FIR of the alleged irregularity committed by the petitioner in violation of the provisions of the Act. It is not in dispute that the petitioner has been enlarged on bail in the aforesaid offence, the court said.

Reopening Not Permissible Merely On The Basis Of Change Of Opinion: Gujarat High Court Quashes Reassessment Against Axis Bank

Case Title: Axis Bank Limited Versus Assistant Commissioner Of Income Tax

Case Citation: 2023 Livelaw (Guj) 78

The Gujarat High Court has quashed the reassessment against Axis Bank and held that reopening is not permissible merely on the basis of a change of opinion.

The division bench of Justice Ashutosh Shastri and Justice J. C. Doshi has observed that the action of the department in reopening the assessment is not justified as it would be tantamount to a mere change of opinion, which is not permissible, as the conditions that have been retained under Section 147 are also not satisfied.

Gujarat High Court Dismisses Rajasthan Civil Judge's Appeal Seeking Permission To Participate In Its Recruitment Of Civil Judges

Case Title: Nirmal Jagmohan Sharma vs High Court Of Gujarat

Case Citation: 2023 Livelaw (Guj) 79

The Gujarat High Court has rejected a plea filed by a serving Civil Judge from Rajasthan for permission to participate in the recruitment for the post of Civil Judge in Gujarat.

The division bench of Justices AS Supehia and Divyesh A Joshi held: "The expression “other allied department” used in Sub- clause(b) of sub-rule (2) of Rule 7 of the Rules has further been clarified by the High Court and the aforesaid four categories have been included to facilitate the recruitment process. Merely because, respondent No.1 has issued instructions clarifying the categories of employees working in the “allied department” will not create class within class. The further clarificatory instructions are not in any manner infringing the statutory Rules, and cannot be set aside. The appellant, who is serving as a Civil Judge, unquestionably will not fall in any of the aforementioned categories, as she cannot call herself as an employee of a Court."

Gujarat High Court Directs Ahmedabad Municipal Corporation To Consider Slum Dwellers' Representation For Rehabilitation Before Eviction

Case Title: Kishorbhai Khimjibhai Mundhava v. State of Gujarat

Case Citation: 2023 Livelaw (Guj) 80

The Gujarat High Court on Thursday issued directions in a PIL filed on behalf of the several slum-dwellers in Ahmedabad City seeking directions to the State to provide alternative accommodation under the Regulations for Rehabilitation and Redevelopment of the Slums, 2010 or under any other housing scheme framed by the government for EWS and urban poor.

Arbitration Clause Extinguishes After Dissolution of Partnership; Gujarat High Court Rejects S.11 Petition

Case Title: Yashang Navinbhai Patel vs Dilipbhai Prabhubhai Patel

Case Citation: 2023 Livelaw (Guj) 81

The Gujarat High Court has ruled that once the partnership at will is dissolved, the arbitration clause contained in the partnership deed cannot be invoked to refer the dispute between the partners to arbitration.

The bench of Justice Biren Vaishnav was dealing with an arbitration clause which provided for reference of the dispute between the partners with regard to the “dealing of the firm” to arbitration. The court held that the term “dealing” would mean engaging in business and thus, for the dispute to fall within the ambit of the arbitration clause, the firm must be subsisting.

Circulate NGO's Report On Shared Parenting In Child Custody Cases Among Judicial Officers: Gujarat High Court To Registrar General

Case Title: Rajesh Kumar Mishra v. State of Gujarat

Case Citation: 2023 Livelaw (Guj) 82

The Gujarat High Court on Thursday directed the Registrar General to circulate a report issued by the Child Rights Foundation in 2017, among the Judicial Officers so that while deciding child custody cases, the concerned judge can come to a right conclusion.

The direction was issued by the division bench of the Acting Chief Justice A. J. Desai and Justice Biren Vaishnav while hearing a PIL which raised certain issues with regard to those children who are facing various types of difficulties when their parents are either residing separately in the same city or in different cities pursuant to differences in their marriage.

Gujarat High Court Suspends Sentence Of Three Former Air Force Officers In 1995 Murder Case

Case Tile: Mahendra Singh Sherawat & ors v. State of Guj.

Case Citation: 2023 Livelaw (Guj) 83

Observing that the judgment of the trial court suffers from patent infirmities, the Gujarat High Court has suspended the sentence of three former Air Force officers in a 1995 murder case. The division bench of Justice S.H.Vora and Justice S.V. Pinto said that the applicants stand a fair chance of acquittal and ordered their release during the pendency of their appeal.

CAT Jurisdiction: Gujarat High Court Rejects Former IPS Officer Rajnish Kumar Rai's Plea In Case Against Preliminary Inquiry, Show Cause Notice

Case Title: Rajnish Kumar Rai, IPS (Retd.) vs. Union of India

Case Citation: 2023 Livelaw (Guj) 84

The Gujarat High Court has rejected former IPS Officer Rajnish Kumar Rai's plea against Central Administrative Tribunal Ahmedabad Bench's ruling that it does not have the jurisdiction to hear his challenge against a preliminary inquiry and a show cause notice issued to him by union government in 2021.

A division bench Justice Vipul M. Pancholi and Justice Hasmukh D. Suthar said Rai was required to file his case against the issuance of show cause notice dated 28.12.2021 before CAT's Principal Bench in New Delhi.

State Authorities Passing Detention Orders In Casual Manner, Introspection Needed: Gujarat High Court

Case Title: Farhan vs. State of Gujarat

Case Citation: 2023 Livelaw (Guj) 85

Observing that detention orders are being passed in a casual manner, the Gujarat High Court has said the State Authorities should introspect about their actions since the court is confronted with the orders of detention, which do not stand the test of settled legal proposition of law.

The division bench of Justice AS Supehia and Justice Divyesh A Joshi said simplicitor registration of FIRs by itself cannot have any nexus with the breach of maintenance of public order. The court made the observations while quashing an order of detention passed under Gujarat Prevention of Anti Social Activities Act, 1985.

Gujarat High Court Grants Relief To Child Denied Admission For Falling Short Of Age Criterion By One Day

Case Title: Hariom Mukeshbhai Bhatt vs. State of Gujarat

Case Citation: 2023 Livelaw (Guj) 86

While granting relief to a student who was falling short of the age criteria of six years just by one day, the Gujarat High Court has directed that the case of the student be considered for admission and not be denied solely on this ground. The student had not completed 6 years of age as on 01.06.2023.

The aforementioned ruling by Justice Sangeeta K Vishen comes on the heels of the introduction of new rules by the State which provide that no Elementary School shall admit a child in 1st standard who has not completed 6 years of age on 1st June of the academic year.

Gujarat High Court Quashes Grant Of Tender, Holds Fresh Auction In Open Court

Case Title: Amina Traders v. Gujarat Secondary and Higher Secondary Education Board

Case Citation: 2023 Livelaw (Guj) 87

The Gujarat High Court recently quashed a tender granted to M.S. Traders on the ground that the portal through which the auction was to be finalized did not work on the last date of the auction.

The plea before the court sought re-auction for the tender published by Gujarat Secondary & Higher Secondary Education Board (GSHSEB), The division bench of the Acting Chief Justice A. J. Desai and Justice Biren Vaishnav conducted the re-auction in the courtroom itself after the parties agreed to it.

Court Can Allow Evidence On Affidavit In DV Act Case: Gujarat High Court

Case Title: Samirkumar Chandubhai Joshi vs. State of Gujarat & Ors

Case Citation: 2023 Livelaw (Guj) 88

The Gujarat High Court recently held that a court can deviate from procedure mentioned under Section 28 (1) read with Rule 6(5) of The Protection of Women from Domestic Violence Act, 2005, and devise its own procedure which would include permitting evidence by way of an affidavit.

The single judge bench comprising Justice Samir J. Dave noted: “….Court can allow evidence on affidavit in its discretion and while considering the aims and objects of the D.V. Act including the scope of Section 28(2), court can deviate from procedure mentioned under Sub Section (1) of Section 28 read with Rule 6(5) and devise its own procedure which would include permitting evidence by way of an affidavit.”

Gujarat High Court Upholds Special Judge's Order Remanding Accused To CBI Custody Even After Grant Of Anticipatory Bail

Case Title: Malav Ajitbhai Mehta vs State Of Gujarat

Case Citation: 2023 Livelaw (Guj) 89

The Gujarat High Court has upheld an order remanding a co-accused in a bribery case against IRS Officer Santosh Karnani, to police remand even after grant of anticipatory bail. Karnani was Additional Income-Tax Commissioner, Ahmedabad. Malav Ajitbhai Mehta had challenged the order passed by the Special Judge – CBI, City Civil & Sessions Court, Ahmedabad sending him to police remand for a period of two days.

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

Case Title: Yogendrakumar Dindayal Dhoot vs Manish Kisan Binani

Case Citation: 2023 Livelaw (Guj) 90

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 the statutory notice.”

Only Because Of FIR By Wife, He Has Filed Petition For Custody Of Children: Gujarat High Court Dismisses Habeas Corpus Plea

Case Title: Raj Rameshbhai Mistry v. State of Gujarat

Case Citation: 2023 Livelaw (Guj) 91

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 offences and may face other case because of marital discord, this petition under the guise of habeas corpus, for the custody of children is filed, and therefore, it cannot be entertained for the simple reason that there are several other remedies, which could have been availed earlier at the first available opportunity, which is never availed and straightway the petitioner has filed this petition in this Court, and therefore, this petition cannot be entertained.”

Gujarat High Court Dismisses Appeals Seeking 'Equal Pay For Equal Work' For Teachers With Diploma in Drawing

Case Title: Manishkumar Prahladbhai Patel Vs. State Of Gujarat & Ors.

Case Citation: 2023 Livelaw (Guj) 92

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 pay-scales are prescribed on the basis of such classification, it can be said to have rational nexus with the objects as sought to be achieved,” the division bench of Justice N.V. Anjaria and Justice Niral R. Mehta said.

Gujarat High Court Dismisses Petition Seeking Relaxation In Age Criteria For Gujarati Stenographer Recruitment

Case Title: Anuradha Vikramsinh Rajput Versus Gujarat Subordinate Services Selection Board (Gaun Seva Pasandgi Mandal)

Case Citation: 2023 Livelaw (Guj) 93

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 the examination, the petitioner cannot enforce such kind of relief by way of this petition," Justice J C Doshi said.

GST Payable Only On The Cost of Construction and Not On The Cost Of Land: Gujarat High Court

Case Title: Munjaal Manishbhai Bhatt Versus Union Of India

Case Citation: 2023 Livelaw (Guj) 94

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 undivided share of land used to construct the flat is not subject to GST; only the construction costs are.

'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

Case Citation: 2023 Livelaw (Guj) 95

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 India...On perusal of the material, the applicant has made certain comments which may hurt the sentiments of a particular community and there are certain posts which are abusive in nature. There are other materials which are of such nature which may have a larger impact on the society."

Gujarat High Court Allows Termination Of 20 Week-Old Pregnancy Of Minor Rape Victim

Case Title: XYZ Minor Victim Versus State Of Gujarat

Case Citation: 2023 Livelaw (Guj) 96

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 FIR stands registered with Anjar Police Station, District Kutch, for the offence under Sections 376(2)(n) and 506(2) of the Indian Penal Code and under Section 6 of the Protection of Children from Sexual Offences Act, 2012. She also prayed for DNA sample preservation in the case.

Gujarat High Court Deprecates And Cautions Arbitrator Morris Samuel Christian's Conduct, Warns Against Impersonation And Arbitrary Proceedings; Allows Petition By GMDC Ltd

Case Title: Gujarat Mineral Development Corporation Limited Versus Morris Samuel Christian

Case Citation: 2023 Livelaw (Guj) 97

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.

SGST Dept. Can Initiate Proceedings Against The Unit Situated In SEZ: Gujarat High Court Imposes Rs.10K Cost

Case Title: RHC Global Exports Private Limited Versus Union Of India

Case Citation: 2023 Livelaw (Guj) 98

The Gujarat High Court has held that the state GST department can initiate proceedings against the unit situated in the Special Economic Zone (SEZ). The bench of Justice Ashutosh Shastri and Justice J. C. Doshi has observed that respondent departments are empowered to carry out proceedings in SEZ.

Their jurisdiction is unquestionable, as the Central Government has already authorized those officers by virtue of a notification dated August 5, 2016. Section 6(2) of the GGST Act indicates that where any proper officer issues an order, he is also issuing an order under the CGST Act as authorized by the Act or under intimation to a jurisdictional officer of the Central Government, and as such, it appears that respondents are empowered to carry out search proceedings in SEZ.

Dangerous To Release Him On Furlough Merely Out Of Consideration Of Penal Reform & Human Treatment: Gujarat High Court Rejects Narayan Sai's Plea

Case Title: Narayan @ Narayan Sai @ Mota Bhagwan S/O Asharam @ Ashumal Harpalani Versus State Of Gujarat

Case Citation: 2023 Livelaw (Guj) 99

The Gujarat High Court has rejected Narayan Sai's application seeking furlough. Sai, a convict in a rape case, has undergone a sentence of over nine years.

“If one who has been found guilty of such an offence is released on furlough, there is no guarantee that he will not indulge in similar activity as soon as he is enlarged. None of the twin objects of punishment of imprisonment would then be served. Neither would he be reformed nor would the society remain immunised from his criminal activity. It would be dangerous to the society to release him on furlough merely out of considerations of penal reform and humane treatment,” Justice Nisha Thakore observed.

Hajj 2023: Gujarat High Court Directs State Haj Committee To Respond To Pilgrim's Representation For Change Of Embarkation Point

Case Title: Ibrahim Muhammmadamin Kharadi Versus Ministry Of Minority Affairs Haj Division

Case Citation: 2023 Livelaw (Guj) 100

The Gujarat High Court has directed the State Haj Committee to take a decision on a request made by a Haj pilgrim to allow him to board the flight to Jeddah from Mumbai instead of Ahmedabad. Online Haj application forms were invited by the Haj Committee of India and Gujarat State Haj Committee on 10.02.2023. The petitioner completed the online application, and during the draw to select haj pilgrims, his cover number was provisionally chosen.

Gujarat HC Disallows Termination Of Minor Rape Survivor's 31-Week Pregnancy, Directs State Govt To Facilitate Delivery Of Child, Pay Compensation

Case Title – XYZ (Minor) vs. State of Gujarat

Case Citation: 2023 Livelaw (Guj) 101

The Gujarat High Court today refused to allow the termination of over 31-week pregnancy of a minor rape survivor (aged around 17 years) in view of the MTP Board’s opinion that that termination of pregnancy is not advisable. The bench of Justice Samir J. Dave, however, did direct the state government to take necessary steps to extend all the facilities available as per the policies of the State of Gujarat to the girl till she delivers the child.

​​Benefit Under Amnesty Scheme Cannot Be Denied Merely Because The Petitioner Inadvertently Paid Rs. 2000/- Less Towards Principal Outstanding Amount Of Tax: Gujarat HC

Case Title: Sky Industries Ltd. Vs. State Of Gujarat

Case Citation: 2023 Livelaw (Guj) 102

In a recent decision, the Gujarat High Court has ruled that benefits under the "Vera Samadhan Yojna, 2019" Amnesty Scheme cannot be denied solely based on the petitioner inadvertently paying Rs. 2,000/- less towards the principal outstanding tax amount. The court's decision came in response to a petition filed by Sky Industries, a registered business engaged in the manufacturing and selling of knitted, woven, and braided elastics.

Gujarat High Court Directs Authorities At Deendayal Port To Arrest Merchant Ship MT Syrma On Plea By Patanjali, Auriga Shipping Management

Case Title: Auriga Shipping Management Pte Ltd vs MT Syrma and Patanjali Foods Ltd vs MT Syrma

Case Citation: 2023 Livelaw (Guj) 103

The Gujarat High Court has ordered the Port Officer And Customs Authorities At Deendayal Port, Kandla to arrest the merchant ship MT Syrma along with its hull, engines, gears, tackles, bunkers, machinery, apparel, plant, furniture and equipment and all appurtenances. The direction has been issued by the bench of Justice Nikhil S Kariel in response to separate suits filed by Patanjali Foods and Auriga Shipping Management.

IGP Himself Required To Take Decision On Furlough Applications, Onus Of Providing Reasons Can’t Be Shifted To Administrative Officer: Gujarat HC

Case Title: Mahebubbhai Bhachubhai Bhati Versus State Of Gujarat & 1 Other(S)

Case Citation: 2023 Livelaw (Guj) 104

The Gujarat High Court has said the Inspector General of Police (IGP) himself is required to take a decision on the applications for furlough leave and Prison Rules do not envisage exercise of such power on basis of file notings by the Administrative Officer in the IGP's office.

The ruling came in a case where an applicant challenged the rejection of their furlough leave application by the Administrative Officer (Jails), Gujarat State, on the apparent orders of the Additional Director General of Police/Inspector General of Police. The rejection was based on negative opinion from police officials in the area where the offense had occurred and the applicant's conviction under Section 125(3) of the Code of Criminal Procedure.

'Provide Specific Reasons': Gujarat High Court Quashes Order Cancelling Firm's GST Registration Based On Cryptic Show Cause Notice

Case Title: Sona Metals Versus State Of Gujarat

Case Citation: 2023 Livelaw (Guj) 105

The Gujarat High Court has quashed an order cancelling the Goods and Services Tax (GST) registration of Sona Metals, citing a lack of detailed reasons for the cancellation. The petitioner, registered under the Gujarat Goods & Service Tax Act, challenged the cancellation order on the grounds that the show cause notice issued by the respondent was vague and did not provide sufficient information.

Section 498A IPC Being 'Rampantly Misused' To Harass Husband's Family Members: Gujarat High Court Quashes FIR Against 86-Yr-Old Woman

Case Title: Jyantilal Vadilal Shah & 1 Other(S) Versus State Of Gujarat & 1 Other(S)

Case Citation: 2023 Livelaw (Guj) 106

Observing that there is a rampant misuse of Section 498A of IPC by complainants to harass family members of the husband, the Gujarat High Court has quashed an FIR against an octogenarian woman.

Justice Sandeep N. Bhatt said the FIR will cause greater hardships to the 86-year-old and no fruitful purpose would be served if such further proceedings are allowed to be continued. The court must ensure that criminal prosecution is not used as instrument of harassment or for seeking private vendetta or with ulterior motive to pressurise accused or to settle the score, the bench added.

Interfaith Marriage: Gujarat High Court Rejects Mother's Plea For Custody Of Adult Daughter, Says Not Abducted Or Confined Illegally

Case Title: Manishaben Mukeshkumar Darji Versus State Of Gujarat

Case Citation: 2023 Livelaw (Guj) 107

The Gujarat High Court dismissed a habeas corpus plea of a woman seeking custody of her adult daughter, who is said to have willingly entered into a marriage with a Muslim man. The man is also stated to have embraced Hindu religion. The division bench of Justice Umesh A. Trivedi and Justice M. K. Thakker said it is clear that the daughter of the petitioner is major and she has entered into a marriage with a person of different faith.

Difficult To Submit Complete Reply To The SCN In Less Than 12 Hours: Gujarat High Court Quashes Assessment Order

Case Title: Dineshkumar Chhaganbhai Nandani Versus Income Tax Officer,Ito Wd 2(1)(1), Rkt

Case Citation: 2023 Livelaw (Guj) 108

The Gujarat High Court quashed an assessment order made by the income tax authorities without granting the petitioner an opportunity to be heard. The court found that the show cause notice cum draft assessment order was issued with an extremely short deadline, leaving the petitioner less than 12 hours to respond.

Gujarat High Court Upholds Grant Of Divorce In Favour Of Husband On Grounds Of Wife’s Desertion, Cruelty; Asks Him To Pay 15 Lakh As Alimony

Case Title: DP Versus PN /First Appeal No. 4199 Of 2017

Case Citation: 2023 Livelaw (Guj) 109

Dismissing a woman's appeal against the judgment granting divorce in her husband's favour on grounds of cruelty and desertion, the Gujarat High Court ordered him to pay Rs 15 Lakh to her as permanent alimony. The court also said the money is for well being of their child, who is living with the mother. The division bench of Justice Ashutosh Shastri and Justice Divyesh A Joshi said both the parties are residing separately since last more than eight years and they have crossed the point of ‘no return’.