Gujarat High Court Monthly Digest: October 2024 [Citations 144-163]

Citations 2024 LiveLaw (Guj) 144 to 2024 LiveLaw (Guj) 163Nominal Index Pareshbhai Ramanlal Shah v. State of Gujarat and Batch, 2024 LiveLaw (Guj) 144I C Mahida – M.D. of Surat District Co-op Bank Ltd v. State of Gujarat & Ors, 2024 LiveLaw (Guj) 145X v. State of Gujarat, 2024 LiveLaw (Guj) 146New India Assurance Co. Ltd. v. Ramrul @ MunnaLokane Mina & Ors, 2024 LiveLaw (Guj) 147X v. Y, 2024 LiveLaw (Guj) 148Jyotiradityasinh @ Ganesh Jayrajsinh Jadeja (Garasiya Darbar) & Ors. v. State of Gujarat & Ors, 2024 LiveLaw (Guj) 149Rajkumar Sitaldas Keswani v. General Manager & Ors, 2024 LiveLaw (Guj) 150Alpesh S/O Arvindbhai Barot Through Dharmishta Alpeshbhai Barot v. State of Gujarat & Ors, 2024 LiveLaw (Guj) 151Kailashbhai Gobarbhai Savaliya v. Election Commission of India & Ors, 2024 LiveLaw (Guj) 152Surat Municipal Corporation v. The Secretary, Sudhrai Majdoor Union (Lal Vatva), 2024 LiveLaw (Guj) 153Maheshdan Prabhudan Langa v. State of Gujarat and Anr, 2024 LiveLaw (Guj) 154Nirzari Amitbhai Mehta v. Pr. Commissioner Of Income Tax-1 Or His Successor, 2024 LiveLaw (Guj) 155Surat Trade and Mercantile Limited v. Principal Commissioner of Income Tax Surat 1 & Anr, 2024 LiveLaw (Guj) 156PMW Metal and Alloys Pvt. Ltd. v. Union Of India & Ors, 2024 LiveLaw (Guj) 157Amee Mahasukhlal Parekh as Lr of Late Mahasukhlal Navnidhlal Parekh v. Income Tax Officer Ward 1(1)(1) Or His Successor, 2024 LiveLaw (Guj) 158Nathalal Hemabhai Patel (Proprietor Of M/S Patel Govindbhai Somabhai And Co.) v. Income Tax Officer, Ward 1, Mehsana, 2024 LiveLaw (Guj) 159Ultratech Cement v. Union of India, 2024 LiveLaw (Guj) 160Jagat Bahadur Deviram Aitaram Dalami v. State of Gujarat, 2024 LiveLaw (Guj) 161M/s Shree Mahalaxmi Cement Products Through Its Director Mr Dipakkumar Ramjibhai Patel v. State of Gujarat & Ors, 2024 LiveLaw (Guj) 162Charu Narendrabhai Bhatt v. State of Gujarat, 2024 LiveLaw (Guj) 163Gujarat High Court Grants Bail To 5 In Vadodara Boat Capsize Incident Case Title: Pareshbhai Ramanlal Shah v/s State of Gujarat and BatchCitation: 2024 LiveLaw (Guj) 144The Gujarat High Court granted bail to five men in connection with a tragic boat capsize in Vadodara's Harni Lake, which led to the deaths of 12 children and two teachers in January 2024. The accused, including partners and staff from Kotia Projects and its subcontractor Dolphin Entertainment, were involved in running the boating activity. The court noted that the Vadodara Municipal Corporation (VMC) had recommended safety measures but failed to ensure they were followed, and VMC officers were not investigated for potential negligence. Observing that a trial with 433 witnesses may take time, the court ruled it reasonable to release the five on bail while clarifying that its preliminary observations should not influence the final trial outcome.Merely Being Caretaker Of Society Doesn't Attract Vicarious Liability For Non-Deposit Of Provident Fund: Gujarat HC Quashes FIRCase Title: I C Mahida – M.D. of Surat District Co-op Bank Ltd v/s State of Gujarat & Ors.Citation: 2024 LiveLaw (Guj) 145The Gujarat High Court quashed an FIR against three men accused of not depositing employee provident funds for a society. Justice Hasmukh D Suthar ruled that merely being on the society's Custodian Committee doesn't make them automatically liable under the law. For them to be responsible, the complainant would need to prove they managed the society's daily operations, which was not shown. The court found that the three men were caretakers, not full-time employees, and had no malicious intent. Prima Facie Appears To Be 'Consensual' : Gujarat High Court Grants Bail In Case Under Section 377 IPCCase Title: X vs State of Gujarat Citation: 2024 LiveLaw (Guj) 146The Gujarat High Court granted bail to a 22-year-old man accused under IPC Section 377 in a case filed by a 64-year-old man, noting the relationship seemed consensual. Referring to the Supreme Court's 2018 ruling decriminalizing consensual same-sex relations, Justice Hasmukh D Suthar observed no evidence of extortion or harm as alleged under other sections. With the investigation being complete and the man having no criminal history, the court allowed bail. The plea argued the younger man had loaned the complainant money, and, after requesting repayment, faced false accusations. The Court observed that there was no sufficient evidence to show the alleged extortion and the relationship seemed consensual. The court then directed that its observations are preliminary and should not impact the trial.Gujarat HC Rejects Insurer's Claim That 33-Year-Old Accident Was Murder, Says Investigating Officer's Report To Magistrate Not 'Gospel Truth'Case Title: New India Assurance Co. Ltd. Through v/s Ramrul @ MunnaLokane Mina & OrsCitation: 2024 LiveLaw (Guj) 147The Gujarat High Court dismissed an appeal by an insurance company challenging compensation awarded to the families of two men killed in a 1991 road accident. The company claimed it was a murder,...

Gujarat High Court Monthly Digest: October 2024 [Citations 144-163]

Lovina B Thakkar

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