Gujarat High Court Weekly Roundup: July 22 - July 28, 2024

Nominal Index [Citations: 2024 LiveLaw (Guj) 93-100]Harunbhai Fakirmahmad Rathod & Ors. Versus State Of Gujarat & Anr. 2024 LiveLaw (Guj) 93Harsh Ishwarbhai Parmar & Ors. Versus State Of Gujarat 2024 LiveLaw (Guj) 94Commissioner Of Customs Versus Baburam Harichand 2024 LiveLaw (Guj) 95Kadarsha Latifsha Saiyed Thro Jamilsha Kadarsha Saiyed vs State Of Gujarat & Anr 2024 LiveLaw (Guj) 96Babasaheb Ambedkar Open University Versus Abhinav Knowledge Services Private Limited 2024 LiveLaw (Guj) 97Anjuben Karansinh Dodiya & Ors. Versus State Of Gujarat & Anr 2024 LiveLaw (Guj) 98LETS JUMP TRAMPOLINE AND ADVENTURE PVT. LTD. v AMIT MANILAL PANCHAL & ORS. 2024 LiveLaw (Guj) 99Sohanaben Hanifkhan Malek since minor through her guardian Hanifaben Bismillakhan Jatmalik v State of Gujarat & Ors. 2024 LiveLaw (Guj) 100Judgments/Orders'Mere Breach Of Contract By One Party Would Not Attract Prosecution For Criminal Offence In Every Case': Gujarat High Court ReiteratesCase Title: Harunbhai Fakirmahmad Rathod & Ors. Versus State Of Gujarat & Anr.LL Citation: 2024 LiveLaw (Guj) 93Quashing an FIR arising out of a dispute related to payment of money, the Gujarat High Court has reiterated that a mere breach of contract by one of the parties would not attract criminal prosecution in every case.Justice Divyesh A Joshi observed, “the question is what the complainant was doing during the interregnum period. Why he kept mum and not instituted any legal proceedings during that period. He had a remedy available with him by filing a civil suit in the competent civil court for specific performance of contract, if there was any breach of condition of the agreement at the end of the applicants.”“mere breach of contract, by one of the parties, would not attract prosecution for criminal offence in every case. The aforesaid factual position thus would reveal that the genesis as also the purpose of instituting the criminal proceedings are nothing but a sheer abuse of process of law to put the applicants herein under fear and further that the dispute involved is essentially of civil nature. A criminal texture is being given to purely a civil dispute.”Gujarat High Court Grants Bail To Five Congress Workers Arrested In Alleged Stone-Pelting Incident At GPCC OfficeCase Title: Harsh Ishwarbhai Parmar & Ors. Versus State Of GujaratLL Citation: 2024 LiveLaw (Guj) 94The Gujarat High Court on Friday granted bail to five Congress workers arrested in a case of stone-pelting at the Gujarat Pradesh Congress Committee (GPCC) office in the Paldi area of Ahmedabad. The workers—Harsh Parmar, Vimal Pansara, Manish Thakor, Sanjay Barot, and Mukesh Datania—had initially failed to secure bail from the lower court and subsequently filed a petition in the High Court.Gujarat High Court Upholds SAD Refund For Betel Nuts, Rules No Distinction Between Industrial And Edible VarietiesCase Title: Commissioner Of Customs Versus Baburam HarichandLL Citation: 2024 LiveLaw (Guj) 95The Gujarat High Court has upheld the decision of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) allowing the refund of Special Additional Duty (SAD) on betel nuts. The court observed that there is no distinction between industrial grade betel nuts and edible supari.The division bench comprising Justices Bhargav D. Karia and Niral M. Mehta ruled, “Considering the facts of the case which is not in dispute that there is no distinction between the areca nuts betle nuts as certified under CTH 0802090 of HSN at the time of importation as edible goods which are not suitable for immediate consumption.”“It is also the case of the respondent-assessee that such imported goods were required further processing to make them edible. The Commissioner (Appeals) and the Tribunal has also referred to and relied upon the information available on DGFT website wherein also areca nut and supari has been considered as the same product in the minutes of ALC meeting No. 02/2007 held on 20.4.2006,” the bench added.Bail Condition Requiring Accused To Appear In Police Station May Lead To Human Rights Abuses, Give Scope Of False Allegations: Gujarat High CourtCase Title: Kadarsha Latifsha Saiyed Thro Jamilsha Kadarsha Saiyed vs State Of Gujarat & AnrLL Citation: 2024 LiveLaw (Guj) 96The Gujarat High Court has ruled that conditions requiring an accused to mark his presence at police station could lead to grievances, human rights abuses, and false allegations. “It is needless to point out that such conditions of marking presence at Police Station would invite many grievances which may also lead to abuse of human rights and may give a scope of false allegations which would lead to multiplicity of proceedings and unverified aspects. Many a times, the CCTV Footage would not be available to the Court to verify the aspect about the authenticity of the claims and counter claims,” Justice Gita Gopi observed.Petition Under Section 34 Not Maintainable Against Rejection Of Application Under Section 16 By Arbitrator: Gujarat High...

Gujarat High Court Weekly Roundup: July 22 - July 28, 2024

Bhavya Singh

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