Gujarat High Court Weekly Round Up: March 28 To April 3, 2022

CITATIONS 2022 LiveLaw (Guj) 94 TO 2022 LiveLaw (Guj) 103 Nominal Index Mahendra Harilal Parekh vs Meenaben Hirenbhai Parekh 2022 LiveLaw (Guj) 94 Niraj Jaidev Arya Versus State of Gujarat 2022 LiveLaw (Guj) 95 Gitaben Govindbhai Patel vs Rameshbhai Hirabhai Patel 2022 LiveLaw (Guj) 96 -Mohsinkhan Muso Murajkhan v. Directorate General Of Police 2022 LiveLaw (Guj) 97 Chandra Darshan Developers Through Partner Versus Hiralal Gopalbhai 2022 LiveLaw (Guj) 98 M/s Dilipkumar Chandulal Versus State of Gujarat 2022 LiveLaw (Guj) 99 STATE OF GUJARAT Versus RAVAL DEEPAKKKUMAR SHANKERCHAND & 2 other(s) 2022 LiveLaw (Guj) 100 Shri Shakti Cotton Pvt. Ltd. Versus Commercial Tax Officer 2022 LiveLaw (Guj) 101 Bahdurbhai Devarabhai Khavad Versus Dy. Executive Engineer,Surendranagar Jal Sinchan Sub Division & 1 Other(S) 2022 LiveLaw (Guj) 102 Shree Radhekrushna Ginning And Pressing Pvt. Ltd. Through Director Yash Pareshbhai Khachar Versus State Of Gujarat 2022 LiveLaw (Guj) 103 1. Probate Shall Be Granted Only To An Executor Appointed By The Will: Gujarat High Court Case Title: Mahendra Harilal Parekh vs Meenaben Hirenbhai Parekh Citation: 2022 LiveLaw (Guj) 94 The Bench comprising Justice Ashokkumar Joshi of the Gujarat High Court has been hearing an Article 227 petition challenging the order of the Trial Judge pertaining to an application under Order 6 Rule 17 of CPC. The brief facts of the case were that the deceased mother of the Petitioners/Appellants was the owner of certain movable and immovable properties and had executed a will in 2013 in favour of the Petitioners/Appellants. Subsequent to the death of the mother, the Petitioners became owners of the properties and preferred an application seeking the probate of the will while the Trial Judge invited objections against the application. The Respondent therein filed an objection against the issuance of probate in favour of the Petitioners. The Petitioners therefore preferred the application in question in 2016 seeking amendment of probate application praying for the replacement of the word Probate by Letter of Administration. This application was rejected and hence the petition was filed. 2. Fraudulent Claim of ITC, Revenue Interest is Protected by Attachment: Gujarat High Court Grants Bail Case Title: Niraj Jaidev Arya Versus State of Gujarat Citation: 2022 LiveLaw (Guj) 95 The Gujarat High Court bench of Justice Gita Gopi has granted bail to the accused of fraudulently availing the input tax credit (ITC) as the department has attached the immovable properties, which were much beyond the alleged GST evasion. The applicant, a designated partner and managing director of "Utkarsh Ispat LLP," which is in the business of purchasing mild steel scrap and, thereafter, converting it into mild steel billet. The department conducted a search and seizure operation at the factory and office premises of the LLP and at the residence of the applicant on the ground that several purchase transactions had been made from fictitious entities. 3. Gujarat High Court Grants Interim Injunction On Immovable Property Based On 'Agreement To Sell' Case Title: Gitaben Govindbhai Patel vs Rameshbhai Hirabhai Patel Citation: 2022 LiveLaw (Guj) 96 The Gujarat High Court ordered interim injunction on an immovable property and restrained its owner from changing its status during the pendency of the suit, based on an agreement to sell arrived at between the parties. The Bench comprising Justice AP Thaker observed, "So far as the suit based on agreement to sell for specific performance of contract, even if that agreement to sell is not registered, same can be considered for collateral purpose... If there is contract of agreement to sell and the same is not refused by the defendant and further when legal notice has been issued to the defendant for purpose of that contract, if no injunction is granted in favour of the plaintiff, then, there might be multiplicity of litigation in case defendant transfers the property during the pendency of the litigation." 4. Registration Of FIR By Itself Can't Have Any Nexus With Breach Of Maintenance Of Public Order: Gujarat High Court Case title - Mohsinkhan Muso Murajkhan v. Directorate General Of Police Citation: 2022 LiveLaw (Guj) 97 Quashing a detention order passed u/s 3 (2) of the Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act, 1988 [PITNDPS Act], the Gujarat High Court on Tuesday observed that simpliciter registration of FIR by itself cannot have any nexus with the breach of maintenance of public order. With this, the Bench of Justice A. P. Thaker ALLOWED the plea moved by detenue Mohsinkhan and QUASHED the impugned order of detention (dated 29.11.2021) passed by the respondent – detaining. 5. Prima Facie Case, Balance Of Convenience, Irreparable Injury, Three...

Gujarat High Court Weekly Round Up: March 28 To April 3, 2022

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Gujarat High Court Weekly Round Up: March 28 To April 3, 2022

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