Gujarat High Court Weekly Round-Up: July 17 To July 23

NOMINAL INDEX

1. Arjunsinh Raisinh Chavda Versus State Of Gujarat R/Criminal Appeal No. 1064 Of 2014
2. Sohanaben Hanifkhan Malek V. The State Of Gujarat & Ors. R/Writ Petition (Pil) No. 1 Of 2022
3. The Principal Commissioner Of Income Tax 1, Ahmedabad Versus Axis Bank Ltd. R/Tax Appeal No. 169 Of 2023
4. Jivanbhai Nagjibhai Makwana Versus State Of Gujarat & 1 Other(S) R/Criminal Misc.Application No. 13552 Of 2018

1. Gujarat High Directs DLSA To Provide Rehabilitation Guidance To Convict Who Spent 13 Years In Jail For Killing Uncle

Case Title: Arjunsinh Raisinh Chavda Versus State Of Gujarat R/Criminal Appeal No. 1064 Of 2014

The Gujarat High Court has directed the District Legal Services Authority to proactively guide a convict, set to be released after serving 13 years in prison, in identifying benevolent schemes offered by the government for income generation and rehabilitation in society.

The division bench of Justices AY Kogje and MR Mengdey converted the conviction from Section-302 of the Indian Penal Code to conviction under Section- 304, Part-I of IPC and ordered the release of the appellant.

2. Patdi Encounter: Gujarat High Court Directs DSP Surendranagar To Take Decision On Application Seeking Action Against Cops

Case Title: Sohanaben Hanifkhan Malek V. The State Of Gujarat & Ors. R/Writ Petition (Pil) No. 1 Of 2022

The Gujarat High Court on Tuesday directed the District Superintendent of Police, Surendranagar, to look into the application submitted before Bajana Police Station in relation to killing of a person and his 14 year-old-son in a police encounter in Patdi taluka in 2021.

The division bench of Acting Chief Justice AJ Desai and Justice Biren Vaishnav also directed the DSP to look into the representation made by the victims' family to him, as well as the reminders sent for taking an appropriate action with regard to the incident, and decide the same as early as possible, preferably within a period of 4 weeks from today.

3. Excess Claim Of Depreciation By Axis Bank, Voluntary Surrendered, No Case For Penalty: Gujarat High Court

Case Title: The Principal Commissioner Of Income Tax 1, Ahmedabad Versus Axis Bank Ltd. R/Tax Appeal No. 169 Of 2023

The Gujarat High Court has held that the department has failed to establish that there was concealment of particulars of the income of the assessee, Axis Bank. The department has also failed to establish that the assessee furnished inaccurate particulars of its income.

The bench of Justice Vipul M. Pancholi and Justice D. M. Desai has upheld the ruling of the Income Tax Appellate Tribunal (ITAT), in which it was held that the addition made on account of excess depreciation claimed had been surrendered by the assessee itself without any prior detection by the Revenue and the excess claim had been demonstrated to have been made for bona fide reasons.

4. Gujarat High Court Quashes Complaint Filed By One BJP Member Against Another, Expresses Anguish Over Misuse Of SC/ST Act

Case Title: Jivanbhai Nagjibhai Makwana Versus State Of Gujarat & 1 Other(S) R/Criminal Misc.Application No. 13552 Of 2018

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.

Other Developments

1. Justice Sunita Agarwal has been appointed as the Chief Justice of the Gujarat High Court

Justice Agarwal graduated in Law from Awadh University and enrolled as an advocate on December 16, 1990. She was appointed as an Additional Judge of the Allahabad HC on November 21, 2011. She took oath as Permanent Judge on Aug 06, 2013.