Gujarat High Court Weekly Round-Up: April 22 - April 28, 2024

Nominal Index [Citations: 2024 LiveLaw (Guj) 45-52]Shiv Crackers Vs Chief Commissioner of CGST & C.E. & Anr. 2024 Livelaw (Guj) 45Amod Anil Bhave Versus State Of Gujarat 2024 LiveLaw (Guj) 46Sarvaiya Rajubhai Bachubhai Versus State Of Gujarat & Ors. 2024 LiveLaw (Guj) 47Shankarbhai Rathava & Ors. Versus Gujarat Public Service Commission & Ors 2024 LiveLaw (Guj) 48Bhavdeep Cooperative Housing Society Ltd. Through Ushaben Natvarbhai Amin & Ors. Versus State Of Gujarat & Ors. 2024 LiveLaw (Guj) 49Bhimnath R Yadav and Ors. Vs Trivedi Crafts Pvt. Ltd. and Anr. 2024 LiveLaw (Guj) 50M/s Ghakun Steels Pvt Ltd v. State of Gujarat 2024 LiveLaw (Guj) 51 The Principal Commissioner Central Gst And Central Excise Versus M/S Nayara Energy Ltd. 2024 LiveLaw (Guj) 52Judgments/Orders'Payment Of Pre- Deposit Can Be Made By Utilizing The Electronic Credit Ledger': Gujarat High Court ReiteratesCase Title : Shiv Crackers Vs Chief Commissioner of CGST & C.E. & Anr. LL Citation: 2024 Livelaw (Guj) 45The Gujarat High Court has reiterated that the Electronic Credit Ledger (ECL) can be utilized for making pre-deposits in appeals under the Goods and Services Tax (GST) regime.Shiv Crackers, a partnership firm involved in the distribution of pyrotechnic articles, contested an order issued by the Additional Commissioner under the CGST Act. This dispute stemmed from a search operation conducted by officers of the CGST, resulting in the confiscation of goods and the issuance of a show cause notice.Alcoholic Ayurvedic Medicine? High Court Says Proceeding Under Drugs & Cosmetics Act Doesn't Preclude Action Under Gujarat Prohibition ActCase Title : Amod Anil Bhave Versus State Of GujaratLL Citation: 2024 LiveLaw (Guj) 46The Gujarat High Court has affirmed charges invoked against a pharmaceutical firm owner for allegedly violating State's prohibition law by selling intoxicating substances as ayurvedic medicine, clarifying that action under the Drugs & Cosmetics Act does not exempt an individual from prosecution if a case is made out under the Gujarat Prohibition Act, 1949.Bench of Justice Hasmukh D. Suthar pointed that as per FSL report, level of alcohol in the medicine sold by the petitioner's firm was found to be more than 12%, the permissible limit under the Prohibition Act. It thus observed,"...the said proceeding [under the Drugs and Cosmetics Act] cannot be equated at par with the proceeding under the Gujarat Prohibition Act...The object of Drugs and Cosmetics Act is to control manufacture and distribution of drugs...As special provision under Section 67A is inserted in the Gujarat Prohibition Act and if percentage of alcohol level is found in the muddamal samples to be more than 12%, then prima facie, offence is made out.”Major Woman Free To Choose Her Own Course: Gujarat High Court On Live-In Partner's Habeas Corpus PleaCase Title: Sarvaiya Rajubhai Bachubhai Versus State Of Gujarat & Ors. LL Citation: 2024 LiveLaw (Guj) 47The Gujarat High Court has re-iterated that an adult woman is free to choose her own path in a relationship. The remarks were made while dealing with a habeas corpus petition filed by a woman's live-in partner, seeking her custody after she was allegedly taken away by her husband and confined to her maternal home.The petitioner before the court claimed to be a live-in partner of the woman, who was married to another person, but on account of matrimonial discord, she was residing with her parents and later on entered into a live in relationship agreement with the petitioner. Gujarat High Court Refers Advocate's Conduct To Bar Council For Failing To Represent Client Despite Court Orders, Imposes ₹5K FineCase Title: Diptiben Shankarbhai Rathava & Ors. Versus Gujarat Public Service Commission & Ors LL Citation: 2024 LiveLaw (Guj) 48The Gujarat High Court has imposed a Rs 5,000 fine on an advocate for repeatedly failing to represent his client despite specific court orders. Additionally, the court has decided to forward Advocate Prashant V. Chavda's conduct to the Bar Council of Gujarat for further scrutiny. The Court remarked that Chavda's behaviour did not uphold the standards of the legal profession, and emphasized the need for the Bar Council to take suitable action against him. Chavda has been instructed to pay the penalty to the Gujarat State Legal Services Authority within 30 days.'In Larger Public Interest': High Court Directs Father-Son Duo To Vacate Flats For Redevelopment Of Dilapidated Building In AhmedabadCase Title: Bhavdeep Cooperative Housing Society Ltd. Through Ushaben Natvarbhai Amin & Ors. Versus State Of Gujarat & Ors. LL Citation: 2024 LiveLaw (Guj) 49The Gujarat High Court recently directed a father-son do to vacate their flats in a Ahmedabad society, to facilitate the redevelopment of the 'dilapidated, dangerous, and ruinous' structure, enabling society members to receive 3BHK flats instead of their current 1BHK ones.Presiding over the case, Justice Vaibhavi Nanavati emphasized the significance ...

Gujarat High Court Weekly Round-Up: April 22 - April 28, 2024

Bhavya Singh

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