Gujarat High Court Monthly Digest - November 2023

Nominal Index [Citations: 2023 LiveLaw (Guj) 176-195]Dharmesh Jivanlal Gurjar 2023 LiveLaw (Guj) 175Rajkalp Mudranalya Private Limited Thro Kalpesh Maneklal Patel Versus Superintendent 2023 LiveLaw (Guj) 176 Pradeep Nirankarnath Sharma Versus State Of Gujarat 2023 LiveLaw (Guj) 177Ajayraj @ Vijendrasinh Kirodilal Meena Versus State Of Gujarat 2023 LiveLaw (Guj) 178NXGN Sports Interactive Private Limited Versus Union Of India 2023 LiveLaw (Guj) 179Bharatkumar Pravinkumar And Co. Versus State Of Gujarat 2023 LiveLaw (Guj) 180Arvind Kejriwal Versus Gujarat University 2023 LiveLaw (Guj) 181Harshil A Shah Versus State Of Gujarat 2023 LiveLaw (Guj) 182AM Mining India Private Limited Versus Union Of India 2023 LiveLaw (Guj) 183 Ketkiben Vasudev Vyas Versus State Of Gujarat 2023 LiveLaw (Guj) 184 Bharatkumar Ramabhai Patel Versus State Of Gujarat 2023 LiveLaw (Guj) 185 Mayur Kanaiyalal Shah Versus State Of Gujarat & 2 Other(S) 2023 LiveLaw (Guj) 186Bhailal Babubhai Patel Versus The Principal Commissioner Of Income Tax 1 2023 LiveLaw (Guj) 187 The Principal Commissioner Of Income Tax 1, Ahmadabad Versus Jigar Jashwantlal Shah) 2023 LiveLaw (Guj) 188 Artiben Amishkumar Patel Versus The Income Tax Officer, Ward 3(2)(1) 2023 LiveLaw (Guj) 189 The Principal Commissioner Of Income Tax 1, Ahmadabad Versus Jigar Jashwantlal Shah) 2023 LiveLaw (Guj) 190 Naman Gyanchand Pipara Versus State Of Gujarat & Ors. 2023 LiveLaw (Guj) 191 Bhagwati Polyfill Pvt. Ltd. Versus The Assistant Commissioner Of Income Tax 2023 LiveLaw (Guj) 192 Adf Foods Ltd. Versus Union Of India 2023 LiveLaw (Guj) 193LL Citation: 2023 LiveLaw (Guj) 194Kalpataru Projects International Limited Versus Ssa Projects Pvt. Ltd 2023 LiveLaw (Guj) 195Judgments/Orders This MonthGujarat High Court Shocked Over "Tampering" Of Its Records Amid Crackdown On Corruption Within DRT Ahmedabad, Orders InquiryCase Title: Dharmesh Jivanlal Gurjar Versus State Of Gujarat LL Citation: 2023 LiveLaw (Guj) 175The Gujarat High Court has taken a stern view of the 'mischief' played upon it by tampering its records in a case relating to alleged corruption within Debt Recovery Tribunal at Ahmedabad. The bench of Justice Sandeep N Bhatt was seized with a case alleging corruption on part of a lawyer, who was appointed as a Court Commissioner in the proceedings of DRT. During the course of hearing, the judge had taken note of the "deteriorating" situation of the institution, "with a majority of individuals, including bank officers, the Registry staff, and many advocates and the officers of the Registry up to the Registrar, allegedly involved in a vicious circle that affects the recovery of huge public funds."GST Appellate Tribunal Constituted But Not Functional: Gujarat High Court Stays Recovery Of DuesCase Title: Rajkalp Mudranalya Private Limited Thro Kalpesh Maneklal Patel Versus Superintendent LL Citation: 2023 LiveLaw (Guj) 176 The Gujarat High Court has stayed the order for recovery of dues on the grounds that, though the GST Appellate Tribunal was constituted, it was not functional. The bench of Justice Biren Vaishnav and Justice Mauna M. Bhatt has observed that though the Tribunal is constituted, it is still not functioning, and the competent authorities think it fit to issue orders of recovery, asking the assessees for information on whether an appeal has been filed at all. This apparently is a contradistinction between the authorities in question.Gujarat High Court Refuses To Discharge Former IAS Officer Pradeep Sharma In Land Allotment CaseCase Title: Pradeep Nirankarnath Sharma Versus State Of GujaratLL Citation: 2023 LiveLaw (Guj) 177 The Gujarat High Court refused to exonerate former IAS officer Pradeep Nirankarnath Sharma in a land allotment case, asserting that a prima facie offence existed against him, the trial was in progress with the presentation of evidence, and therefore, it was not appropriate to intervene in the lower courts' orders. Justice Sandeep N Bhatt observed, “Under the circumstances, since there is prima facie offence made out against the applicant vis-a-vis the concurrent findings given by both the learned Courts below and considering the fact that the trial is already commenced and it is at the stage of evidence, this Court finds that this is not a fit case to interfere in the impugned orders passed by the learned Courts below. The learned Courts below have not committed any error while appreciating the documents available with them and it is rightly justified.” Candidates Burn Midnight Oil To Secure Govt Jobs, Malpractices In Competitive Exams Has To Be Dealt With Strictly: Gujarat HCCase title - Ajayraj @ Vijendrasinh Kirodilal Meena Versus State Of Gujarat LL Citation: 2023 LiveLaw (Guj) 178The Gujarat High Court has said that in the competitive examination, many candidates burn the midnight oil to secure a government job and therefore, any misconduct, misbehaviour, malpractices and cheating in such exams has to be dealt with strictly. A bench of...

Gujarat High Court Monthly Digest - November 2023

Bhavya Singh

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