Gujarat High Court Monthly Digest: November 2024

Citations 2024 LiveLaw (Guj) 165 to LiveLaw (Guj) 180Nominal IndexIPCL Employee Association (Bhartiya Majdoor Sangh) vs Reliance Industries Ltd. 2024 LiveLaw (Guj) 165Shailesh Anilkumar Amin & Anr. vs Gujarat Metro Rail Corporation (GMRC) Ltd. 2024 LiveLaw (Guj) 166M/S Konnecting India & Ors vs The Kalupur Commercial Co. Op Bank Ltd. & Anr. 2024 LiveLaw (Guj) 167Kurbuddin Inayat Mithiborwala Poa of Aamir Ali Asghar vs State of Gujarat 2024 LiveLaw (Guj) 168Faruk Mohmmad Bhana Through Imran Faruk Bhana vs State of Gujarat & Anr . 2024 LiveLaw (Guj) 169XYZ Through Her Father v/s State of Gujarat & Anr. 2024 LiveLaw (Guj) 170Saquib Nisar @ Saquib Nisar Ahmed Shaikh v/s State of Gujarat2024 LiveLaw (Guj) 171The Work Assistant Association PWD Road and Building Department v. State of Gujarat & Anr. 2024 LiveLaw (Guj) 172Adarsh Gujarat Anganwadi Union & Ors. v/s State of Gujarat 2024 LiveLaw (Guj) 173Venus Macro Prints Pvt. Ltd. v/s State of Gujarat 2024 LiveLaw (Guj) 174Pernod Ricard India Private Limited Through Rajendra Ramdas Deshmukh & Anr. v/s State of Gujarat & Anr. 2024 LiveLaw (Guj) 175Hemalkumar Vinodbhai Dodiya & Ors. v/s State of Gujarat 2024 LiveLaw (Guj) 176Jayeshkumar Bhagwanbhai Pancholi v. State of Gujarat & Others 2024 LiveLaw (Guj) 177Javedbhau @Javedkhan Babubhai Saiyad & Ors. v/s Sikandarali Kasamali Kureshi & Anr.2024 LiveLaw (Guj) 178National Federation of the Blind v/s State of Gujarat 2024 LiveLaw (Guj) 179Re-management of the Water Bodies such as Reservoirs/Ponds/Rivers/Lakes in the State of Gujarat, & Anr. vs State of Gujarat Through the Secretary Home Department. 2024 LiveLaw (Guj) 180Cash Canteen Subsidy Qualifies As Cash Value Of Food Concession And Is Included In Dearness Allowance: Gujarat High CourtCase Title: IPCL Employee Association (Bhartiya Majdoor Sangh) vs Reliance Industries Ltd. Case Citation: 2024 LiveLaw (Guj) 165Shailesh Anilkumar Amin & Anr. vs Gujarat Metro Rail Corporation (GMRC) Ltd.The Gujarat High Court ruled that Reliance Industries' ₹475 monthly cash canteen subsidy qualifies as part of dearness allowance under Explanation 1 to Section 6 of the Employees Provident Fund Act, requiring provident fund (PF) contributions. The Court held that the subsidy, linked to the cost of living, is equivalent to the “cash value of any food concession,” though not part of basic wages. It overturned a prior ruling and upheld the PF Commissioner's 1998 order, directing Reliance to deduct PF contributions on the subsidy and settle arrears within three months.Award In Which Serious Allegations Of Fraud Are Not Decided Must Be Set Aside On Grounds Of Patent Illegality: Gujarat High CourtCase Title: Shailesh Anilkumar Amin & Anr. vs Gujarat Metro Rail Corporation (GMRC) Ltd.Case Citation: 2024 LiveLaw (Guj) 166The Gujarat High Court ruled that an arbitral award can be set aside if serious fraud allegations about the arbitration agreement's validity are not addressed. The case involved a lease dispute where Metro Link Express allegedly violated terms by not vacating the property or paying rent.Despite there being a claim of fraud in the lease, the Arbitrator did not pay attention to these issues and overstepped the jurisdiction by delegating the matter of fixing rent to a third party. The court then highlighted that the claims regarding fraud must be examined as they can invalidate the arbitration agreement. The Court found the award invalid and violation to the Contract Law. The Court set aside the arbitral award and the order of the Sessions Court.Requirement Of Serving Notice On Other Party For Appointment Of Arbitrator Is Dispensed With In Statutory Arbitration: Gujarat High CourtCase Title: M/S Konnecting India & Ors vs The Kalupur Commercial Co. Op Bank Ltd. & Anr. Case Citation: 2024 LiveLaw (Guj) 167 The Gujarat High Court dismissed the first appeal challenging the arbitration award for a loan of Rupees 750 lakhs default. The applicants contended that the arbitrator was appointed in an unfair and biased manner relying upon the Supreme Court ruling that held unilateral appointments are prohibited. The Court clarified the arbitration was under Multi State Co-operative Societies Act and not commercial arbitration. The Court observed that there was no evidence of bias in the arbitral order. The Court then rejected the appeal. No 'Illegal' Detention: Gujarat High Court Rejects Pakistani Father's Plea For Custody Of Minor Son Brought To India By MotherCase Title: Kurbuddin Inayat Mithiborwala Poa of Aamir Ali Asghar vs State of Gujarat & OrsCase Citation: 2024 LiveLaw (Guj) 168The Gujarat High Court rejected a Pakistani Man's Habeas Corpus plea for custody of his 4-year-old son whose lives with his mother in India. The Court found no evidence of an illegal detention or harm towards the welfare of the child and did not entertain the claims of the father about nationality, culture and values. The Father argued that the mother brought the child unlawfully too India and isolated him ...

Gujarat High Court Monthly Digest: November 2024

Lovina B Thakkar

Tags