Gujarat High Court Weekly Round-Up: July 10 To July 16

NOMINAL INDEXVinai Kumar Saxena Vs. State Of GujaratRegistrar, Birth And Death Registration Department Vs. Niteshbhai Narshibhai Mangrola R/Letters Patent Appeal No. 672 Of 2023 In R/Special Civil Application No. 16799 Of 2022Praveenbhai Girdharilal Agarwal Vs. Principal Commissioner Of Income Tax (Central) R/Special Civil Application No. 1856 Of 2023Heirs Of Mahant Dayaramdas- Bai Padma Wd/O Dayaramdas & 1 Other(S) Vs. Charity Commissioner & 28 Other(S)Mehul Sureshkumar Champaneria Vs. Veer Narmad South Gujarat University Through The Secretary R/Special Civil Application No. 7690 Of 2022Gujarat Pradesh Maha Nagarpalika Vs. State Of Gujarat R/Letters Patent Appeal No. 950 Of 2022 In R/Special Civil Application No. 17073 Of 2016Mustak Hussain Mehndi Hussain Kadri Vs. Jagadip Narayan Singh, Ias R/Misc. Civil Application No. 979 Of 2019 In R/Writ Petition (Pil) No. 170 Of 2017Nirajkumar Nareshkumar Lakhyani (Pro. Of M/S Om Multitrade) Vs. State Of Gujarat R/Special Civil Application No. 6777 Of 2023Heirs Of Mahant Dayaramdas- Bai Padma Wd/O Dayaramdas & 1 Other(S) Vs. Charity Commissioner & 28 Other(S)Om Trading Vs State Of Gujarat R/Special Civil Application No. 8990 Of 2023Rohit Dinanath Ray Vs. State Of Gujarat R/Criminal Revision Application No. 434 Of 2021Govindbhai Velshibhai @ Virjibhai Parmar Vs. State Of Gujarat R/Criminal Appeal No. 599 Of 2013 With R/Criminal Appeal No. 487 Of 2013Hasan Ahmed Charkha @ Lalu Thro Afsa Hasan Lalu Vs. State Of GujaratM Versus State Of Gujarat R/Criminal Appeal No. 2253 Of 2022 1. 2002 Assault Case: Gujarat HC Stays Trial Against Delhi LG VK Saxena Till Disposal Of His Plea, Issues Notice To UOICase Title: Vinai Kumar Saxena vs. State Of GujaratThe Gujarat High Court has stayed the criminal trial proceedings against New Delhi Lieutenant Governor (L-G) Vinai Saxena in a 2002 assault and rioting case till the disposal of his plea for abeyance of trial till he holds the post of LG. The Bench of Justice Samir J. Dave has also issued a notice to the Union of India for August 29. It may be noted that Saxena has been accused of allegedly assaulting activist Medha Patkar in 2002.2. Registrar Is Bound In Law To Incorporate Change In Register Of Births And Deaths On Basis Of Registered Adoption Deed: Gujarat High Court Case Title: Registrar, Birth And Death Registration Department vs. Niteshbhai Narshibhai MangrolaThe Gujarat High Court has said the Registrar is bound in law to incorporate change in the register of Births and Deaths on the basis of the Registered Adoption Deed and that the same cannot be ignored or disregarded. A division bench of Justices N V Anjaria and J C Doshi, observed, “The outweighing aspect in the facts of this case is that the change of the name of the father was prayed for on the basis of the Registered Adoption Deed. The petitioner became the adoptive father of the child in view of the execution of Registered Adoption Deed. The Registered Adoption Deed is binding to the authority under the Registration of Births and Deaths Act.”3. Gujarat High Court Directs To Release Seized Gold As Outstanding Demand Against AssesseeCase Title: Praveenbhai Girdharilal Agarwal vs. Principal Commissioner Of Income Tax (Central) The Gujarat High Court has directed the department to release the 100.350 grams of seized gold as the assessee had no outstanding demand. The bench of Justice Vipul M. Pancholi and Justice Devan M. Desai has observed that the gold in question belongs to the petitioner, and he has accounted for it in his books of accounts. Therefore, the respondent or department ought not to have withheld the gold in question.4. Gujarat HC Contemplates Contempt Proceedings Against Senior Counsel For Using ‘Unparliamentary’ Language Against Sitting JudgeCase Title: Heirs of Mahant Dayaramdas- Bai Padma Wd/O Dayaramdas & 1 Other(s) vs. Charity Commissioner & 28 Other(s)The Gujarat High Court initiated suo motu contempt proceedings against senior counsel Percy Kavina for alleged ‘unparliamentary’ and ‘disparaging’ words used by him against a sitting judge while arguing a matter and thereby, “lowering down the majesty and dignity of the institution.” Initiating the suo motu contempt proceedings against Kavina under Article 215 of the Indian Constitution and Contempt of Courts Act, the bench of Justice AS Supehia and Justice MR Mengedey directed the registrar general of the HC to prepare a report of the incident containing all details and to inquire about the address of the senior counsel.5. Gujarat High Court Upholds VNSGU’s Decision To Revoke Student's LLB Degree For Getting Admission On Basis Of Fake Mark-SheetsCase Title: Mehul Sureshkumar Champaneria vs. Veer Narmad South Gujarat University Through The SecretaryThe Gujarat High Court has upheld Veer Narmad South Gujarat University (VNSGU)'s decision to cancel the LLB course results of a student who secured admission based on a counterfeit graduation mark sheet. The petitioner had obtained admission to VNSGU's LLB ...

Gujarat High Court Weekly Round-Up: July 10 To July 16

Bhavya Singh

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