Gujarat High Court Weekly Roundup: March 18 - March 24, 2024

Nominal Index [Citations: 2024 LiveLaw (Guj) 27 - 35]Govindbhai Ramjibhai Savani Versus The State Of Gujarat & Ors 2024 Livelaw (Guj) 27 Union Of India & Ors. Versus Dilip Wagheshwari S/O Danabhai Wagheshwari 2024 Livelaw (Guj) 28 Jatinbhai Prafulbhai Kakkad Versus State of Gujarat & Anr. 2024 Livelaw (Guj) 29 Hitesh Prabhudas Lodhiya Versus State Of Gujarat 2024 Livelaw (Guj) 30 State Of Gujarat Versus Mitesh Dilipbhai Sejpal 2024 Livelaw (Guj) 31 Vinayakrao Shantilal Desai & Anr. Versus Na 2024 Livelaw (Guj) 32 Pradeep Nirankarnath Sharma Versus State Of Gujarat 2024 Livelaw (Guj) 33 Parakramsinh Hathubha @ Hathisinh Jadeja Vs State Of Gujarat 2024 Livelaw (Guj) 34 Daman Wine Merchant Association Through President Versus The State Of Gujarat & Ors 2024 Livelaw (Guj) 35 Judgements/Orders This WeekGujarat High Court Pulls Up Centre For "Lethargic Attitude" In Pursuing Litigation, Rejects Delayed Petition With Rs 25K Cost Case Title: Union Of India & Ors. Versus Dilip Wagheshwari S/O Danabhai Wagheshwari LL Citation: 2024 Livelaw (Guj) 28In a stern stance, the Gujarat High Court has rejected with Rs. 25,000 an Article 227 petition filed by the Union of India and its Officers with more than two years' delay.Justice S Umesh A. Trivedi and Rajendra M Sareen remarked it is a "classic example of sheer lethargic attitude and total disregard of Court proceedings by the petitioners."Gujarat High Court Grants Bail In Case Of Alleged Issuance Of Invoices Without Supply Of Goods Under CGST ActCase Title: JATINBHAI PRAFULBHAI KAKKAD Versus STATE OF GUJARAT & ANR.LL Citation: 2024 Livelaw (Guj) 29The Gujarat High Court has granted bail for an individual implicated in a case related to an FIR filed under Sections 132(1)(b) and (1) of the Central Goods & Services Tax Act, 2017. The case revolves around the purported issuance of GST invoices without actual delivery of goods, allegedly resulting in a significant financial loss to the government treasury.Justice Divyesh A Joshi presiding over the matter, passed the Order granting bail in an application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with an FIR registered with the Directorate General of GST Intelligence, Rajkot of the offence punishable under Sections 132(1)(b) and (1) of the Central Goods & Services Tax Act, 2017.Gujarat High Court Grants Bail To Co-Accused In Rs. 700 Crore GST Scam Case Involving Tax Amount Of 35 CroresCase Title: State Of Gujarat Versus Mitesh Dilipbhai SejpalLL Citation: 2024 Livelaw (Guj) 31The Gujarat High Court has dismissed a petition filed by the State against the order granting regular bail to an accused in a multi-crore scam case.The ruling came in a Criminal Miscellaneous Application filed under Section 439(2) of the Code of Criminal Procedure, 1973, whereby the petitioner State prayed to quash and set aside the order dated 11.11.2021, passed by the District and Sessions Judge, Junagadh, in a Criminal Misc. Application, whereby, the Session Judge had granted regular bail to the respondent – original accused.Gujarat High Court Grants Bail in Rs. 1466 Crore Alleged GST Scam CaseCase Title: Hitesh Prabhudas Lodhiya Versus State Of Gujarat LL Citation: 2024 Livelaw (Guj) 30The Gujarat High Court has granted bail to a man in a case involving an alleged GST scam amounting to Rs. 1466 crores. This ruling came following an application filed by the accused under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with a case registered with the Directorate General of GST Intelligence, Rajkot.Manager Appointed Under Mental Health Act Cannot Execute 'Will' To Alienate Properties Of Person Of Unsound Mind: Gujarat High Court Case Title: Vinayakrao Shantilal Desai & Anr. Versus Na LL Citation: 2024 Livelaw (Guj) 32In a recent ruling, the Gujarat High Court has dismissed an appeal, affirming that a Will is an instrument of free will that cannot be executed by a manager on behalf of a mentally ill person.A division bench of Chief Justice Sunita Agarwal And Justice Aniruddha P. Mayee observed, “On a conjoint reading of section 59 of the Indian Succession Act and Explanation 4 attached to it, as also section 54 read with sections 57, 58 and 59 of the M.H. Act, we are also of the considered opinion that the execution of 'Will' by the manager of the property of a mentally ill person, namely, Ms. Shraddhaben in the instant case, was an act without any authority of law.”'You Have No Rights': In Saturday Night Hearing, Gujarat HC Pulls Up Land Grabber Seeking Time To 'Lift' Encroachment Using Modern TechCase Title: Govindbhai Ramjibhai Savani Versus The State Of Gujarat & Ors LL Citation: 2024 Livelaw (Guj) 27In a special Saturday hearing held at 9:30 PM, the Gujarat High Court pulled up an applicant involved in land grabbing for moving an urgent application seeking extension of time to "lift" the encroachments using hydronic lifting technology from government...

Gujarat High Court Weekly Roundup: March 18 - March 24, 2024

Bhavya Singh

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