Gujarat High Court Weekly Round Up: April 11 To April 17, 2022

NOMINAL INDEXIndian Hume Pipe Company Ltd Versus Gujarat Industrial Development Corporation & 1 other(s) 2022 LiveLaw (Guj) 116Ishwarlal Kasturlal Pandya vs Ibrahimbhai Farukdin Vohra 2022 LiveLaw (Guj) 117Sultana Jahangirbhai Mirza vs State Of Gujarat 2022 LiveLaw (Guj) 118M/S M N Trapasia versus Divisional Railway Manager (WA) 2022 LiveLaw (Guj) 119Botad Taluka Sahkari Kharid ... vs Bhagirathbhai Kanubhai Khachar 2022 LiveLaw (Guj) 120Aryan Siris Garange (Arayan Shirish Garange) Versus State Of Gujarat 2022 LiveLaw (Guj) 121Alok Kistuchand Agarwal vs Sub Registrar 2022 LiveLaw (Guj) 122Arya Metacast Pvt. Ltd. Versus State of Gujarat 2022 LiveLaw (Guj) 123M/s Wipro Ltd. Versus State of Gujarat 2022 LiveLaw (Guj) 124Modern Syntex (I) Limited vs Assistant Commissioner Of CGST 2022 LiveLaw (Guj) 125I-Tech Plast India Pvt. Ltd vs State Of Gujarat 2022 LiveLaw (Guj) 126Richa W/O Kushal Mistry And D/O Hemantkumar Adhvaryu Versus State Of Gujarat 2022 LiveLaw (Guj) 127Hiren Dahyabhai Rathod vs State Of Gujarat 2022 LiveLaw (Guj) 128Aveshbhai @ Avalo Ganibhai Ghoniya Through Brother Azimbhai Ganibhai Ghoni V/S The District Magistrate And Collector & 2 Other(S) 2022 LiveLaw (Guj) 129Judgments/Orders of the week'Sufficient Cause' Paramount Consideration For Delay Condonation, Can't Be Imbibed With Laxity & Mala Fides: Gujarat High Court Case Title: Indian Hume Pipe Company Ltd Versus Gujarat Industrial Development Corporation & 1 other(s) Citation: 2022 LiveLaw (Guj) 116 The High Court reiterated that sufficient cause is the paramount consideration while dealing with application for delay condonation and if sufficient cause is shown, the Court should generally condone the delay. The Bench comprising Justice AC Joshi however added, "If the sufficient cause is imbibed with the laxity and mala fides on the part of the delayer despite due knowledge, then Court should restrain itself from encouraging such practice and condone the delay." Gujarat High Court Increases Motor Accident Compensation; Includes Loss of Amenities, Functional Disability In Computation Case Title: Ishwarlal Kasturlal Pandya vs Ibrahimbhai Farukdin Vohra Citation: 2022 LiveLaw (Guj) 117 The High Court enhanced the compensation granted by the Motor Vehicles Tribunal to the Applicant, working in an agricultural land, computing his "functional disability" to be 100%, after he sustained fracture injuries on both the legs, on head and right hand on being dashed by a Truck while riding his scooter. The Bench comprising Justice Sandeep Bhatt observed that the Tribunal had awarded compensation towards future loss of income. However, considering Applicant's 100% functional disability in terms of the Supreme Court decision in v. Ram Avtar Tomar, the amount of compensation is required to be enhanced. Gujarat High Court Orders Protection For Inter-Faith Couple, Reiterates SC Guidelines For Preventive & Remedial Action Case Title: Sultana Jahangirbhai Mirza vs State Of Gujarat Citation: 2022 LiveLaw (Guj) 118 The High Court yet again came to the rescue of an inter-faith couple, by directing the State Police to protect the couple from their families who are opposed to their relationship. The Bench comprising Justice Sonia Gokani and Justice Mauna M. Bhatt ordered that initially, the protection be provided for four months. Whichever place they attempt to settle, the SP/ACP of the concerned Zone shall look into the matter. Thereafter, if the couple continues to be at Ahmedabad, Commissioner of Police, Ahmedabad City shall take a call after four months whether to continue such protection or not. There Cannot Be A Deemed Waiver Of Section 12(5) Of The A&C Act By Issuing A Letter To The Opposite Party: Gujarat High Court Case Title: M/S M N Trapasia versus Divisional Railway Manager (WA) Citation: 2022 LiveLaw (Guj) 119 The High Court ruled that unless the embargo placed under Section 12(5) of the Arbitration and Conciliation Act, 1996 (A&C Act) is waived by the parties, the provisions of Section 12(5) would continue to be attracted. The Single Bench of Chief Justice Aravind Kumar held that there cannot be a deemed waiver of Section 12(5) by merely issuing a letter or communication calling upon the opposite party to waive the embargo. Oral Termination Of Workman Violates S.25F Of Industrial Disputes Act: Gujarat High Court Orders Lumpsum Compensation Case Title: Botad Taluka Sahkari Kharid ... vs Bhagirathbhai Kanubhai Khachar Citation: 2022 LiveLaw (Guj) 120 The High Court has recently granted relief to a workman who was terminated from his services via an oral communication, in violation of mandatory provisions pertaining to retrenchment under Sections 25F and 25G of the Industrial Disputes Act, 1947. Justice Vipul Pancholi ordered that the aggrieved workman be paid Rs.2,50,000/- towards lump-sum compensation to Respondent No.1-Workman, in lieu of...

Gujarat High Court Weekly Round Up: April 11 To April 17, 2022

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