Gujarat High Court Weekly Round-Up [14 February 2022- 19 February 2022]

A weekly round-up of important cases from Gujarat High Court: Citations: 2022 Livelaw (Guj) 40 To 2022 LiveLaw (Guj) 47NOMINAL INDEXH.K.Thakur v. Nazir Noormohmed Kara & 2 Other(S), 2022 LiveLaw (Guj) 40 M/S. Raghunandan Enterprise v. Assistant Commissioner Of Income Tax, 2022 LiveLaw (Guj) 41 Bhavesh Khimabhai Pandit v. State Of Gujarat, 2022 LiveLaw (Guj) 42 Rajubhai Kanubhai Bharwad v. South Indian Bank, 2022 LiveLaw (Guj) 43 Bilkisbanu (Bilkisbano) Hanifkhan @ Kalo Munno Amirkhan Jatmalek v. State Of Gujarat, 2022 LiveLaw (Guj) 44 Nandlal Namdev Otwani v. Vijay Jayprakash Ahuja, 2022 LiveLaw (Guj) 45 Samay Alloys India Pvt. Ltd. v. State Of Gujarat, 2022 LiveLaw (Guj) 46 Rajeshbhai Jesingbhai Dayara v. State Of Gujarat, 2022 LiveLaw (Guj) 47Roundup1. Presumption Of Innocence In Favour Of Accused Strengthened Upon Acquittal; 'Special Reasons' Must For Interference In Appeal: Gujarat HC Case Title: H.K.THAKUR Versus NAZIR NOORMOHMED KARA & 2 other(s)Citation: 2022 LiveLaw (Guj) 40The Gujarat High Court has reiterated that presumption of innocence in favour of an accused is strengthened upon acquittal by the trial Court. The Bench comprising Justice Rajendra M Sareen observed, "in case of Acquittal, there is prejudice in favour of the Accused, firstly, the presumption of innocence is available to him under the Fundamental Principle of Criminal Jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent Court of Law. Secondly, the Accused having secured his Acquittal, the presumption of his innocence is further reaffirmed and strengthened by the trial Court."2. Assigning Share In Profit In Partnership Firm Different From Constituting A Sub-Partnership: Gujarat High CourtCase Title: M/S. RAGHUNANDAN ENTERPRISE Versus ASSISTANT COMMISSIONER OF INCOME TAXCitation: 2022 LiveLaw (Guj) 41There is a fine distinction between a case where a partner of a firm assigns his/her share in favour of a third person and a case where a partner constitutes a sub-partnership with his/her share in the main partnership, the Gujarat High Court has held.The observation was made by a bench of Justice JB Pardiwala and Justice Nisha Thakore while hearing a Writ Petition filed by a Partnership Firm, seeking to quash an order of the Income tax Department which attached the land of the firm as the property of an Assessee.3. Duties Of An Electrical Assistant Are "Onerous": Gujarat High Court Rejects Plea For Quashing "Unfit Certificate" Of Colour-Blind Candidate Case Title: BHAVESH KHIMABHAI PANDIT Versus STATE OF GUJARATCitation: 2022 LiveLaw (Guj) 42Affirming that the nature of duties of an Electrical Assistant are "onerous", the Bench comprising Justice Biren Vaishnav at the Gujarat High Court has declined to allow the Petition of a colour-blind candidate seeking the quashment of "unfit certificate" for the said post.The Bench was hearing a Petition filed under Article 226 of the Constitution.4. Gujarat HC Restrains Bank From Dispossessing Family Till Filing Of Proceedings Under SARFAESI Act, Subject To Deposit Of ₹20LCase Title: RAJUBHAI KANUBHAI BHARWAD Versus SOUTH INDIAN BANKCitation: 2022 LiveLaw (Guj) 43Considering that the Appellants were ready and willing to deposit INR 20 lacs and the fact that the property which was likely to be auctioned was residential premises wherein two families were residing, the Gujarat High Court has directed that the Respondent-Bank to not dispossess the family from the property until 11th March 2022. The Bench comprising Justice AJ Desai was hearing an appeal under Clause 15 of Letters Patent which sought relief from dispossession of property which was going to be auctioned.5. Gujarat High Court Rejects Bail For Offences Under Gujarat Terrorism Control Act; Explains 'Organised Crime' Case Title: BILKISBANU (BILKISBANO) HANIFKHAN @ KALO MUNNO AMIRKHAN JATMALEK Versus STATE OF GUJARATCitation: 2022 LiveLaw (Guj) 44The Gujarat High Court recently denied bail to an accused under the Gujarat Control of Terrorism and Organised Act, 2015, stating that accused was prima facie a part of an 'organised crime syndicate' involved in highway thefts.'Organized Crime Syndicate', defined under Section 2(1)(f) of the Act, means a group of two or more persons who, acting either singly or collectively, as a syndicate or gang indulging in activities of organised crime.6. Financial Crisis Can Be One Of The Grounds For Condonation Of Delay: Gujarat High CourtCase Title: NANDLAL NAMDEV OTWANI Versus VIJAY JAYPRAKASH AHUJACitation: 2022 LiveLaw (Guj) 45"Now as the legal settled proposition which has been set-out here-in-above, considering the prevalent economy condition of the parties as well as even of the Country, the financial crisis can be considered to be one of the grounds for condonation of delay," the Gujarat High Court has held. The Bench comprising Justice AP...

Gujarat High Court Weekly Round-Up [14 February 2022- 19 February 2022]

Shrutika Pandey

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