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

NOMINAL INDEX State Of Gujarat V/S Hasmukhbhai @ Harshadbhai Dahyabhai Makwana 2022 LiveLaw (Guj) 266 Patel Manubhai Ramabhai V/S State Of Gujarat & 1 other(s) 2022 LiveLaw (Guj) 267 M/S Harekrushna Infra Projects Pvt Ltd & 1 Other(S) V/S State Bank Of India 2022 LiveLaw (Guj) 268 M/s Magirsha Industries versus M/s Gujarat State Fertilizer and Chemicals Limited 2022 LiveLaw (Guj) 269 Navinchandra Somchand, Died Through His Heirs & 1 Other(S) V/S Heirs Of Somchand Bechardas & 6 other(s) 2022 LiveLaw (Guj) 270 Sabirmiya Gulamahemad Ghori V/S Ahmedabad Municipal Corporation & 1 other(s) ) 2022 LiveLaw (Guj) 271 Rajendrasinh Velubha Jadeja V/S General Manager (Project) ) 2022 LiveLaw (Guj) 272 R/Special Civil Application No. 12864 of 2021 ) 2022 LiveLaw (Guj) 273 State Of Gujarat Versus Kishorbhai Devjibhai Parmar & 4 other(s) 2022 LiveLaw (Guj) 274 abhishek industrial service pvt. Ltd v/s nathabhai bhagwanjibhai rathod & 2 other(s) 2022 LiveLaw (Guj) 275 Rajubhai Kamabhai Desai V/S State Of Gujarat & 1 other(s) ORDERS/JUDGMENTS OF THE WEEK Gravity Of Offence Cannot Overweigh Legal Proof: Gujarat High Court Upholds Acquittal Of POCSO Accused Case Title: State Of Gujarat V/S Hasmukhbhai @ Harshadbhai Dahyabhai Makwana Citation: 2022 LiveLaw (Guj) 266 The Gujarat High Court has dismissed the appeal of the State Government challenging the acquittal of a person accused under the POCSO Act, citing lack of evidence. A bench of Justice SH Vora and Justice Rajendran Sareen observed: "Here in this case it is to be noted that on one side the complainant has alleged against the respondent accused regarding sexual assault upon her victim daughter and merely after a span of 3 to 4 days she has alleged against her own husband regarding sexual assault upon her victim daughter. As such, two contradictory versions have been stated by the complainant within a span of 4 days against two persons and both the allegations are based on suspicion and doubt, one against the present respondent accused and another against her husband. As such, mere suspicion and doubt cannot be considered to be cogent and convincing proof to prove the allegations." 'No Locus': Gujarat High Court Dismisses Plea Seeking CID Probe Into Alleged Corruption & Irregularities In Agriculture Produce Market Case Title: Patel Manubhai Ramabhai V/S State Of Gujarat & 1 other(s) Citation: 2022 LiveLaw (Guj) 267 The Gujarat High Court dismissed a plea seeking probe by specialized agency like CID (Economic Offences Wing) or Anti-Corruption Bureau into alleged corruption and financial irregularities of "millions of rupees" in the Agriculture Produce Market. Justice Nirzar Desai observed that the complainant (Applicant herein) could not establish his locus standi and that he could not point out as to how he is aggrieved by the alleged offences committed by the persons named in the application. Principle Of Promissory Estoppel Applies After Customer Acts On Basis Of Bank's One Time Settlement Scheme: Gujarat High Court Case Title: M/S Harekrushna Infra Projects Pvt Ltd & 1 Other(S) V/S State Bank Of India Citation: 2022 LiveLaw (Guj) 268 The Gujarat High Court has held that once a customer acts on the basis of offer made by a Bank under its One Time Settlement scheme, the principle of promissory estoppel applies and the latter is estopped from acting to the detriment of the former. "It is clear that the principle of promissory estoppel applies. The bank by its conduct of offering an OTS settlement intended to create legal relations which the petitioners had acted upon in light of the promise made and paid the amount on or before 30th of December 2017. This action was apparently accepted in principle by the bank as not only for the title clearance certificate but valuation reports letters were written by by the bank to the advocates and the valuers. The amounts were paid and accepted by the bank and once the petitioners had acted upon on the promise set out by the bank, the bank cannot be allowed to go back on its proposal on the basis of a letter dated 28th August 2018 stating that the scheme of OTS was not applicable as the cases of the petitioners was reported as fraud." Dispute Referred To Arbitration Under MSME Act; Court Can Extend The Mandate Of Arbitrator Under Section 29A Of A&C Act: Gujarat High Court Case Title: M/s Magirsha Industries versus M/s Gujarat State Fertilizer and Chemicals Limited Citation: 2022 LiveLaw (Guj) 269 The Gujarat High Court has ruled that even in cases where the dispute has been referred to arbitration under the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act), the Court is empowered under Section 29A of the Arbitration and Conciliation Act, 1996 (A&C Act) to extend the mandate of the Arbitral Tribunal. The Single Bench of Chief Justice Aravind Kumar held that in...

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

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