Gujarat High Court Monthly Digest: July 2023

Nominal Index [Citations: 2023 LiveLaw (Guj) 110-125]Teesta Atul Setalvad Vs. State Of Gujarat 2023 Livelaw (Guj) 110TBEA Energy v. R K Engineering 2023 Livelaw (Guj) 111Anilaben Rohitbhai Modi Versus Income Tax Officer, Ward 5(3)(1), Ahmedabad 2023 Livelaw (Guj) 112Ajay Raydhanbhai Kumbharwadiya (Boricha) vs. State Of Gujarat & 6 Other(S) 2023 Livelaw (Guj) 113Rahul Gandhi Versus Purnesh Ishwerbhai Modi 2023 Livelaw (Guj) 114Nirajkumar Nareshkumar Lakhyani (Pro. Of M/S Om Multitrade) Vs. State Of Gujarat 2023 Livelaw (Guj) 115Case Citation: 2023 Livelaw (Guj) 116Om Trading Vs State Of Gujarat 2023 Livelaw (Guj) 117Rohit Dinanath Ray Versus State Of Gujarat 2023 Livelaw (Guj) 118Govindbhai Velshibhai @ Virjibhai Parmar Versus State Of Gujarat 2023 Livelaw (Guj) 119Hasan Ahmed Charkha @ Lalu Thro Afsa Hasan Lalu Versus State Of Gujarat 2023 Livelaw (Guj) 120M Versus State Of Gujarat 2023 Livelaw (Guj) 121Arjunsinh Raisinh Chavda Versus State Of Gujarat 2023 Livelaw (Guj) 122The Principal Commissioner Of Income Tax 1, Ahmedabad Versus Axis Bank Ltd. 2023 Livelaw (Guj) 123Jivanbhai Nagjibhai Makwana Versus State Of Gujarat & 1 Other(S) 2023 Livelaw (Guj) 124Deepakkumar Hasmukhbhai Mahida Versus State Of Gujarat 2023 Livelaw (Guj) 125Judgments/Orders This Month[2002 Gujarat Riots Case] High Court Rejects Teesta Setalvad's Bail Plea, Directs Her To 'Surrender Immediately'Case Title - Teesta Atul Setalvad Vs. State Of Gujarat Case Citation: 2023 Livelaw (Guj) 110The Gujarat High Court today rejected the regular bail plea filed by social activist Teesta Setalvad in connection with State Police FIR lodged against her for allegedly fabricating documents so as to implicate high government functionaries in relation to the 2002 Gujarat riots. Pronouncing the order today, the Bench of Justice Nirzar S. Desai directed her to surrender immediately. Till now, she was protected against coercive actions due to the operation of the Supreme Court's interim bail order of September 2022.Court Cannot Appoint Arbitrator Under Section 11 Of The A&C Act When The Dispute Is Covered Under MSMED Act: Gujarat HC ReiteratesCase Details: TBEA Energy v. R K EngineeringCase Citation: 2023 Livelaw (Guj) 111The High Court of Gujarat has reiterated that the petition under Section 11 of the A&C Act for the appointment of the arbitrator by the Court would not be maintainable if the dispute is covered under the MSMED Act, 2006 and the provisions of the act are invoked. The bench of Justice Biren Vaishnav followed a line of earlier precents wherein the High Court has held that the provisions of MSMED Act prevail over the A&C Act and the resolution of dispute covered under the MSMED Act has to be in terms of Section 18 of the Act only and the procedure for the appointment of arbitrator under the A&C Act would have to give way to the special mechanism provided under the MSMED Act.Gujarat High Court Quashes Reopening Of Assessment Order And Notice In Land Acquisition Case, Rules Compensation Not Taxable As Capital GainsCase Title: Anilaben Rohitbhai Modi Versus Income Tax Officer, Ward 5(3)(1), Ahmedabad Case Citation: 2023 Livelaw (Guj) 112The Gujarat High Court while quashing the reopening of an assessment order and notice issued to the petitioner in a land acquisition case, has ruled that compensation received for compulsory acquisition of land is not taxable as capital gains. While passing the above ruling, the division bench of Justices Ashutosh Shastri and C. Doshi underscored that the authorities' action was based on a mere change of opinion and lacked justification.Gujarat High Court Frames Contempt Charges Against Five Policemen Accused Of Assaulting, Parading Man In Public In 2016Case Title: Ajay Raydhanbhai Kumbharwadiya (Boricha) vs. State Of Gujarat & 6 Other(S) Case Citation: 2023 Livelaw (Guj) 113The Gujarat High Court has framed contempt of court charges against five policemen, accused of beating a man in custody and parading him in public in Rajkot in 2016. "You see, he may be a hardened terrorist, but it does not give you the authority to act against the law," the division bench of Justices A S Supehia and M R Mengdey remarked, during the hearing on July 05.['Modi-Thieves' Remark] Gujarat High Court Dismisses Rahul Gandhi's Plea To Suspend Conviction In Defamation CaseCase Title - Rahul Gandhi Versus Purnesh Ishwerbhai Modi Case Citation: 2023 Livelaw (Guj) 114The Gujarat High Court today dismissed Congress leader and Former MP Rahul Gandhi's revision plea to stay the conviction in the criminal defamation case in the 'Modi Thieves' remark case. "(Gandhi) is seeking a stay on conviction on absolutely non-existent grounds. Stay on conviction is not a rule. As many as 10 cases are pending against (Gandhi). It is needed to have purity in politics...A complaint has been filed against (Gandhi) by the grandson of Veer Savarkar in Pune Court after Gandhi used terms against Veer Savarkar at Cambridge...Refusal to stay conviction would not in ...

Gujarat High Court Monthly Digest: July 2023

Bhavya Singh

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