Gujarat High Court Weekly Round-Up: August 07 To August 13

Nominal Index [Citations: 2023 LiveLaw (Guj) 129-132]Mihir Surendrabhai Shah Versus State Of Gujarat & 2 Other(S) 2023 LiveLaw (Guj) 129M/s FTA HSRP Solutions Pvt. Ltd. vs Union Of India 2023 Livelaw (Guj) 130Birju Salla @ Amar Soni S/O Kishor Salla Vs. State Of Gujarat And Another 2023 LiveLaw (Guj) 131Anokhi Realty Private Limited vs. Income Tax Officer 2023 LiveLaw (Guj) 132Judgements/Orders This WeekTrade Marks Act | Prior To Search & Seizure, Police Is Required To Take Registrar’s Opinion On Infringement Of Trademark: Gujarat High CourtCase Title: Mihir Surendrabhai Shah Versus State Of Gujarat & 2 Other(S) Case Citation: 2023 LiveLaw (Guj) 129While quashing an FIR and the subsequent charge sheet filed against a businessman accused of selling duplicate spare parts of Hyundai Motor Company, the Gujarat High Court said that in the absence of the Registrar's opinion on trademark infringement, the FIR cannot be sustained, and no search or seizure can be made. Justice JC Dosh said, “Provisio to section 115(4) of the Act is clear and unambiguous. Undeniably, the police officer who on the complaint has searched that accused is applying trade mark and trade description of complaint or falsifying and falsely apply trade mark of the complaint is required to take opinion of the Registrar for infringement of Trade Mark prior to search and seizure. Rule 110 also spells the same. In the present case, FIR does not disclose obtaining opinion of the Registrar.”Gujarat High Court Quashes Orders Rejecting Declaration Under SVLDRS Scheme, Directs Acceptance Of DeclarationCase Title: M/s FTA HSRP Solutions Pvt. Ltd. vs Union Of India Case Citation: 2023 Livelaw (Guj) 130The Gujarat High Court has rendered a verdict in favor of M/S Fta Hsrp Solutions Pvt, setting aside the rejection of their declaration filed under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS). The court has directed the designated committee, Sabka Vishwas Dispute Resolution Scheme, to accept the petitioner's declaration and bring closure to the tax dispute.Gujarat High Court Acquits Businessman Sentenced By NIA Court In 2019 To Life Imprisonment Under Anti-Hijacking LawCase title - Birju Salla @ Amar Soni S/O Kishor Salla Vs. State Of Gujarat And Another Case Citation: 2023 LiveLaw (Guj) 131The Gujarat High Court today acquitted Mumbai-based businessman Birju Kishor Salla, who was convicted by the NIA Court in 2019 under the amended Anti-Hijacking Act 2016 and was sentenced to life imprisonment for the remainder of his life. Significantly, the bench of Justice AS Supehia and Justice MR Mengedey quashed the NIA court's June 2019 verdict wherein the trial court had also imposed a fine of Rs. 5 Crores. The division bench directed that the fine, if paid, be refunded to the appellant.Gujarat High Court Quashes Income Tax Reassessment Notices Against Non-Existent EntityCase Title: Anokhi Realty Private Limited vs. Income Tax Officer Case Citation: 2023 LiveLaw (Guj) 132The Gujarat High Court has quashed the income tax reassessment notice against a non-existent entity. The bench of Justice Biren Vaishnav and Justice Devan M. Desai has observed that the erstwhile company Satyasarthi Estate Organisers Private Limited amalgamated with the petitioner Anokhi Reality Private Limited. The jurisdictional officer was informed of the amalgamation. The assessment proceedings were continued in the name of a non-existent entity, and the final assessment order, which was also issued in the name of a non-existent entity, would be invalid.Other DevelopmentsGujarat High Court Extends Ongoing Pilot Implementation Of Hybrid Hearing Of Cases To All Court Working DaysThe Gujarat High Court has extended the pilot implementation exercise of the hybrid mode of hearing of cases (presently going on for cause lists of Thursdays) to all Court working days beginning 7th August 2023 onwards. Till now, the facility, presently going on for the benches presided over by Chief Justice Sunita Agarwal and Justice Biren A. Vaishnav, was only available on Thursdays. A circular in this regard was issued on Saturday as per the approval and directions of the Chief Justice.Gujarat Riots 'Conspiracy' Case | 'Wait For Some More Days': High Court Refuses Urgent Hearing In Teesta Setalvad's Quashing PleaThe Gujarat High Court today refused to grant an urgent hearing to social activist Teesta Setalvad in her plea to quash the case lodged against her by Gujarat Police accusing her of fabricating documents so as to implicate high government functionaries including the then CM Narendra Modi in relation to the 2002 Gujarat riots. When the matter was mentioned earlier in the morning today, Justice Sandeep N. Bhatt remarked that he can not grant urgent hearing especially when admission matters of 2018 are still pending in his court.Delhi CM Arvind Kejriwal Moves Gujarat High Court Seeking Interim Stay On Proceedings In PM Modi Degree Defamation CaseDelhi Chief Minister Arvind Kejriwal and Aam...

Gujarat High Court Weekly Round-Up: August 07 To August 13

Bhavya Singh

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