Gujarat High Court Weekly Round Up: May 30 To June 5, 2022

NOMINAL INDEX Subhashchandra Sanatan Mallik Through Babita Subhashchandra Mallik V/S State Of Gujarat 2022 LiveLaw (Guj) 187 Darshan Bipinbhai Trivedi Versus State Of Gujarat 2022 LiveLaw (Guj) 188 Mehulkumar Ramanlal Katpara Versus State Of Gujarat 2022 LiveLaw (Guj) 189 Symphony Limited Versus Raj Cooling System Private Limited 2022 LiveLaw (Guj) 190 Ranjeetsinh Gambhirsinh Jadeja V/S Agriculture Produce Market Committee 2022 LiveLaw (Guj) 191 Minor Mohit Shankarbhaai Vaghela Through Tejal Shankarbhai Vaghela V/S State Of Gujarat 2022 LiveLaw (Guj) 192 Tejal Pareshbhai Pathak W/O Chirag Prabhashankar Trivedi V/S State Of Gujarat 2022 LiveLaw (Guj) 193 Pravinsinh Jhala V/S State Of Gujarat & 3 Other(S) 2022 LiveLaw (Guj) 194 Nirmal Jagmohan Sharma Versus High Court Of Gujarat & 1 Other(S) 2022 LiveLaw (Guj) 195 ORDERS/JUDGMENTS OF THE WEEK Offences Under Drugs & Cosmetics Act & Medical Practitioner Act Can't By Itself Bring Detenu Under Gujarat Prevention Of Anti-Social Activities Act: High Court Case Title: Subhashchandra Sanatan Mallik Through Babita Subhashchandra Mallik V/S State Of Gujarat Case Citation: 2022 LiveLaw (Guj) 187 The Gujarat High Court while allowing the petition against the order of detention of the Petitioner has held that offences under Section 27 of the Drugs and Cosmetics Act and Sections 30 and 35 of the Gujarat Medical Practitioner Act by itself cannot bring the detenu within the fold of the Gujarat Prevention of Anti-Social Activities Act, 1985. Not Necessary To Gain Journalism Experience From Govt Company For Appointment As Class II Assistant Director Of Info At State's I&B Dept: Gujarat HC Case Title: Darshan Bipinbhai Trivedi Versus State Of Gujarat Case Citation: 2022 LiveLaw (Guj) 188 The Gujarat High Court has made it clear that the Assistant Director of Information (Journalism) Class II Recruitment Rules, 2015 nowhere stipulate that Journalism experience necessarily has to be from a government organization for appointment to the post of Assistant Director of Information (Journalism) Class II. "Nowhere does Recruitment Rule stipulate that it has to be in only a government or local body or a government undertaking board or the Corporation or a Company. This would amount to restrictive reading of the Rule and, therefore, it cannot be said that the respondent No.3 does not possess the requisite experience," Justice Biren Vaishnav observed. Gujarat High Court Orders Regularization Of Multi-Purpose Health Workers Engaged In Contractual Service Case Title: Mehulkumar Ramanlal Katpara Versus State Of Gujarat Case Citation: 2022 LiveLaw (Guj) 189 Ensuring that no discrimination is borne by Multi-Purpose Health Workers (Male), the High Court held that they shall be entitled to regular pay scale from their original date of appointment and consequential benefits which were paid to similarly situated employees way back in the year 2011 and 2016. Justice Biren Vaishnav referred to previous orders of the High Court by wherein Multi-Purpose Health Workers were regularised while observing: "Multi Purpose Health Worker (Male) who have worked continuously for so many years cannot be discriminated by taking one excuse or the other. There is no rationale in discriminating the present petitioners by treating them as employees on contractual basis when initial contract for which they were appointed is over after 11 months and thereafter, without any break, they are continued for all these years. This is particularly so, when clear cut finding has been recorded by co-ordinate Bench of this Court in Special Civil Application No.6289 of 2011 and respondents were party in these proceedings." Symphony Coolers: Gujarat High Court Issues Consent Decree Pursuant To Settlement Of Dispute Over Infringement Of Air Cooler Design Case Title: Symphony Limited Versus Raj Cooling System Private Limited Case Citation: 2022 LiveLaw (Guj) 190 The High Court passed a consent decree in terms of a settlement arrived between renowned Symphony coolers and Raj Cooling System Pvt Ltd in connection with a suit for permanent injunction instituted under the Designs Act, 2000. The suit was filed by Symphony Ltd. alleging infringement of the Designs Act by the Respondent company, alleging that the latter has been selling their product of air cooler having model name ALLWYN AC201 and ALLWYN AC203, whose is similar to Symphony's design vide registration no. 288184. Limitation Act Inapplicable To Contempt Proceedings: Gujarat High Court Refuses To Condone 389 Days Delay Case Title: Ranjeetsinh Gambhirsinh Jadeja V/S Agriculture Produce Market Committee Case Citation: 2022 LiveLaw (Guj) 191 The High Court held that the provisions of the Limitation Act, 1963 do not apply to contempt proceedings. In this light, it refused to entertain a contempt petition filed with a delay...

Gujarat High Court Weekly Round Up: May 30 To June 5, 2022

Sparsh Upadhyay

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