Gujarat High Court Weekly Round Up: September 12 To September 18, 2022

NOMINAL INDEX Ahemadmiya Bahauddinmiya Saiyad V/S State Of Gujarat 2022 LiveLaw (Guj) 378 M/S. Shree Shivam Corporation Through Its Sole Propeirtor Mr. Prahlad Durlabhjibhai Joshi v/s Competition Commission of India 2022 LiveLaw (Guj) 379 Inner Vision Education And Charitable Trust V/S Union Of India 2022 LiveLaw (Guj) 380 Sonalben Alias Charmiben Hirenbhai Jivani Versus Naranbhai Chananbhai Babariya 2022 LiveLaw (Guj) 381 Aziz Fazlehusein Karaka V/S Batul Abbasbhai Rangwala 2022 LiveLaw (Guj) 382 Gohil Rameshbhai Amarsinh V/S Indian Petrochemicals Corporation Ltd. 2022 LiveLaw (Guj) 383 Anjaliben Prakashbhai Trivedi V/S Jaydeepsinh K Rathod 2022 LiveLaw (Guj) 384 Maheshbhai @ Kanbhai Haribhai Sojitra V/S State Of Gujarat 2022 LiveLaw (Guj) 385 Judgments/Orders of the week Offences Alleged Under Damage To Public Property Act Over Agitation Against Drainage Issues Not Act Of "Organized Crime Syndicate": Gujarat HC Case Title: Ahemadmiya Bahauddinmiya Saiyad V/S State Of Gujarat Citation: 2022 LiveLaw (Guj) 378 The Gujarat High Court has held that the Applicant-Accused's participation in an agitation against the Municipality for certain drainage issues and the alleged offence committed by him u/s 3 of the Damage to Public Property Act, cannot be deemed to be an act of organised crime syndicate. Competition Act | Order Of Inquiry U/S 26 Does Not Affect Parties' Rights, Opportunity Of Hearing Not Mandatory: Gujarat High Court Case Title: M/S. Shree Shivam Corporation Through Its Sole Propeirtor Mr. Prahlad Durlabhjibhai Joshi v/s Competition Commission of India Citation: 2022 LiveLaw (Guj) 379 The Gujarat High Court has held that an order of inquiry under Section 26 of the Competition Act is only a prima facie opinion and does not affect the rights of any person. Thus, it held that such an order cannot be reviewed by the High Court unless and until it is shown that it is contrary to the provisions of the Act or the order has included irrelevant material or not included relevant material. Justice AP Thaker further held that at the stage of passing any order for inquiry, no right of the person concerned is breached and such person cannot claim as of right of being hearing be provided to him at that stage. Application For Opening Of New Medical College Must Be Accompanied By Consent Of Affiliation & NOC: Gujarat High Court Case Title: Inner Vision Education And Charitable Trust V/S Union Of India Citation: 2022 LiveLaw (Guj) 380 The Gujarat High Court has held that a 'No Objection Certificate' as well as Consent of Affiliation are mandatory at the time of making an application under the National Commission for Indian System of Medicine Act, 2020 in order for a Trust to open a new Medical College. Justice Aniruddha Mayee stated: "Therefore, the submission of No Objection Certificate as well as Consent of Affiliation was mandatory as per the list of enclosures and the applicant had to submit the same along with the application form. Admittedly in the present case at the time of submitting the application on the last date of submission i.e. 31.10.2021, the petitioners herein have not submitted the said two documents." ITR Prior To Death Of Assessee Is The Basis For Computation Of Loss Of Future Income Including Future Prospects: Gujarat High Court Case Title: Sonalben Alias Charmiben Hirenbhai Jivani Versus Naranbhai Chananbhai Babariya Citation: 2022 LiveLaw (Guj) 381 The Gujarat High Court has held that an income tax return (ITR) filed prior to the death of the assessee is the basis for computation of loss of future income, including future prospects. The single bench of Justice Gita Gopi has observed that both the parents are dependents of the deceased son and are entitled to apply for compensation. Both the parents are entitled to the compensation amount under the head of dependency loss. Not Necessary For All Tenants In Joint Tenancy To Find Alternate Accommodation For Landlord To Recover Possession U/S 13 Bombay Rents Act: Gujarat HC Case Title: Aziz Fazlehusein Karaka V/S Batul Abbasbhai Rangwala Citation: 2022 LiveLaw (Guj) 382 The Gujarat High Court has held that it is not necessary under Section 13(1)(1) of the Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947 that all joint tenants must find alternative accommodation so that landlord can recover possession of rented premises. Justice AS Supehia observed, "The landlord shall be entitled to recover possession of any premises if the Court is satisfied that the tenant, after coming into operation of this Act, has built or acquired vacant possession of or been allotted a suitable residence and an eviction petition against one of the joint tenant is sufficient against all the joint tenants and all joint tenants are bound by the order of the Rent Controller as joint tenancy is one ...

Gujarat High Court Weekly Round Up: September 12 To September 18, 2022

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