Gujarat High Court Weekly Round Up: April 25 To May 1, 2022

NOMINAL INDEX Amitbhai Harilal Ruparelia vs State Of Gujarat 2022 LiveLaw (Guj) 137 Time Cinemas and Entertainment Pvt Ltd versus Venus Infrastructure and Developers Pvt Ltd 2022 LiveLaw (Guj) 138 Raghabhai Ukabhai Parmar Versus State Of Gujarat 2022 LiveLaw (Guj) 139 Shah Rukh Khan S/O. Meer Taj Mohammed v. State Of Gujarat 1 other 2022 LiveLaw (Guj) 140 Kamlesh @ Rinku Mohanlal Upadhyay Versus State Of Gujarat 2022 LiveLaw (Guj) 141 Ashvinkumar Ramniklal Jani Versus State Of Gujarat 2022 LiveLaw (Guj) 142 Bhupatbhai Pujabhai Bhoi Versus Hiraben Wo Somaji Bhoi & 2 Other(S) 2022 LiveLaw (Guj) 143 Judgments/Orders of the week Intention U/S 415 IPC Is Key; Requires Thorough Investigation: Gujarat HC Refuses To Quash FIR For Offences Of Cheating, Misappropriation Case Title: Amitbhai Harilal Ruparelia vs State Of Gujarat Case Citation: 2022 LiveLaw (Guj) 137 The High Court has refused to interfere in an application praying for the quashing of the criminal complaints for offences under Sections 406, 420, 114 and 120B of IPC wherein the Complainant had alleged that the Accused had not made payments for purchasing grey cloth worth "lacs of rupees". It was alleged that the Accused had promised the Complainant that they would be making payment of goods within one month of the cloth being sold and on the basis of such promise, the large value of the cloth was sold. The Accused had sold cloth to other persons, misappropriated the amount, cheated the Complainant and committed a breach of trust, it was alleged. Accordingly, an FIR was filed with the Katadargam Police Station. Second Section 9 Application, Relief Can't Be Granted As It Would Amount To Main Relief In Arbitration :Gujarat High Court Case Title: Time Cinemas and Entertainment Pvt Ltd versus Venus Infrastructure and Developers Pvt Ltd Case Citation: 2022 LiveLaw (Guj) 138 The High Court has ruled that once an application under Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act) seeking interim measures has been disposed of, a subsequent similar application seeking similar reliefs, which were already dealt with in the earlier proceedings, is not maintainable. The Bench, consisting of Justices N.V. Anjaria and Samir J. Dave, held that principal relief cannot be granted at the interim stage, and granting interim directions which are in the nature of main relief is not permissible in law. Married Man Lures Young Girl To Elope: Gujarat High Court Directs Him To Reimburse 50% Expenses Incurred By Police In Tracing Them Case Title: Raghabhai Ukabhai Parmar Versus State Of Gujarat Case Citation: 2022 LiveLaw (Guj) 139 The Gujarat High Court recently asked a man to reimburse 50% expenses incurred by the Police department in tracing a girl he had lured to elope, despite being married himself. The Bench comprising Justice Sonia Gokani and Justice Mauna Bhatt observed, "We need to particularly record that here is a case where the respondent no.4 knowing fully well his own marital status, has lured the girl and his repeated actions of such nature has not only made it extremely difficult for the parties but, because of that, the Police had to work for long many hours and after about 7 months, the corpus could be traced." Raees Promotion Stampede | Gujarat High Court Quashes Criminal Case Against Actor Shah Rukh Khan Case title - Shah Rukh Khan S/O. Meer Taj Mohammed v. State Of Gujarat 1 other Case Citation: 2022 LiveLaw (Guj) 140 The High Court quashed a case against actor Actor Shah Rukh Khan registered against him in connection with a stampede that happened at Vadodara Railway Station during his film, Raees' promotions in the year 2017. The Bench of Justice Nikhil S. Kariel observed that the act on part of Khan could not be termed to be so grossly negligent or reckless, neither could be an act on part of the petitioner be treated as the proximate and efficient cause of the unruly incidents at the Railway Station Criminal Proceedings Of Private Nature Can Be Quashed U/S 482 Even If Trial Has Concluded In Conviction: Gujarat High Court Case Title: Kamlesh @ Rinku Mohanlal Upadhyay Versus State Of Gujarat Case Citation: 2022 LiveLaw (Guj) 141 The High Court quashed an FIR and the order of conviction passed in a matrimonial dispute, observing that the offences involved were of non-serious and private nature. The Bench comprising Justice Ilesh Vora quashed the FIR registered under Sections 498(a), 323, 294(b), 506(1) and 114 of the Indian Penal Code read with Section 3 and 7 of Dowry Prohibition Act 1961 and set aside the order of conviction passed by Additional Chief Metropolitan Magistrate, Ahmedabad. "In light of the settled principle of law, it appears that the criminal proceedings involving non-heinous offences or where the offences are predominantly of a private nature, can be annulled ...

Gujarat High Court Weekly Round Up: April 25 To May 1, 2022

Sparsh Upadhyay

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