Gujarat High Court Weekly Round-Up: July 18 To July 24, 2022

NOMINAL INDEX Sushant Siddhnath Yasu v/s State Of Gujarat 2022 LiveLaw (Guj) 277 Jayeshbhai Jivanbhai Patel v/s Shree Sayan Vibhag Sahakari Khand Udhyog Mandli Ltd & 2 other(s) 2022 LiveLaw (Guj) 278 M/S Mahalaxmi Textiles A Proprietorship Firm Thorugh Its Proprietor Bhartiben Maheshbhai Chevli V/S Syndicate Bank Surat Main Branch 2022 LiveLaw (Guj) 279 M/S Sanganer Enviro Project Development V/S State Of Gujarat 2022 LiveLaw (Guj) 280 Krishna Calibration Services v. Jasmin Bharat Patel 2022 LiveLaw (Guj) 281 Akil Valibhai Piplodwala (Lokhandwala) V/S District Superintendent Of Police, Panchamahal At Godhra 2022 LiveLaw (Guj) 282 ORDERS/JUDGMENTS OF THE WEEK Consent Of Complainant Prima Facie Established, FIR Lodged With Delay Of 2.5 Yrs: Gujarat High Court Grants Bail To Rape-Accused Case Title: Sushant Siddhnath Yasu v/s State Of Gujarat Citation: 2022 LiveLaw (Guj) 277 The Gujarat High Court granted bail to a rape-accused while observing that from the facts and circumstances of the case, it is of the prima-facie view that the alleged act was consensual in nature. A bench comprising Justice Ilesh Vora observed that the record and photographs of the parties indicate that the parties were in good terms and the applicant was keenly interested to tie the knot with the victim. 'Lost Sense Of How To Speak & Behave': Gujarat High Court Denies Relief To Registered Society Manager Terminated Over Insubordination & Misconduct Case Title: Jayeshbhai Jivanbhai Patel v/s Shree Sayan Vibhag Sahakari Khand Udhyog Mandli Ltd & 2 other(s) Citation: 2022 LiveLaw (Guj) 278 Expressing shock towards the misconduct and negligence displayed by the Petitioner, a Manager of a registered Society, in his duties which 'tarnished the image of the society', the Gujarat High Court has dismissed the application for quashing the communication regarding his termination. Bank Can't Refuse NOC For Release Of Mortgaged Property After Receiving Sale Consideration From Third Party: Gujarat High Court Case Title: M/S Mahalaxmi Textiles A Proprietorship Firm Thorugh Its Prorprietor Bhartiben Maheshbhai Chevli V/S Syndicate Bank Surat Main Branch Citation: 2022 LiveLaw (Guj) 279 The Gujarat High Court has held that once the Bank agrees to sell a property mortgaged with it by a loan defaulter and a third party pays full consideration for purchase of said property after entering into a valid agreement with the Bank, the latter cannot turn back and refuse the title deed, no objection certificate/no due certificate. Justice Vaibhavi Nanavati thus directed the Respondent, Syndicate bank, to release the charge over the property in question and hand over the original title documents of the property to the Applicant (purchaser) within two weeks. Can't Maintain Proceedings U/S 34 Arbitration Act Before Two Fora: Gujarat High Court Case Title: M/S Sanganer Enviro Project Development V/S State Of Gujarat Citation: 2022 LiveLaw (Guj) 280 The Gujarat High Court, while dismissing the Civil Application of the Petitioner which challenged the award of the relevant arbitration, has observed that the Petitioner had 'conveniently' initiated two proceedings- one before the instant Bench and another before the District Court under Sec 34. Keeping in view this circumstance, the High Court rejected the petition. A Party Can Withdraw Its Consent For Reference To Arbitration Under Section 89 Of The CPC Anytime Before The Court Acts Upon Such Consent: Gujarat High Court Case Title: Krishna Calibration Services v. Jasmin Bharat Patel, R/Special Civil Application No. 5682 of 2021. Citation: 2022 LiveLaw (Guj) 281 The Gujarat High Court has held that a party can withdraw its consent for reference to arbitration under Section 89 of CPC anytime before the court has acted upon such a reference. The Bench of Justice Umesh A. Trivedi was dealing with a Special Civil Application under Article 227 against an order of the Civil Judge whereby the application jointly given by the parties to the proceedings to refer the dispute to the Arbitrator under Section 89(2)(a) of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code') came to be rejected on the original plaintiff, who initially consented for the same, withdrew the consent for sending it to the Arbitrator. Article 19(1)(e) Not Available To Foreigners: Gujarat High Court Refuses To Interfere With Order For Deportation Of Pakistani National Case Title: Akil Valibhai Piplodwala (Lokhandwala) V/S District Superintendent Of Police, Panchamahal At Godhra Citation: 2022 LiveLaw (Guj) 282 The Gujarat High Court has recently dismissed the writ petition of a Pakistani citizen challenging the decision of the Superintendent of Police which directed him to leave India within 24 hours of receipt of the notice. Justice AS Supehia also reiterated: "In the present case,...

Gujarat High Court Weekly Round-Up: July 18 To July 24, 2022

Sparsh Upadhyay

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