Gujarat High Court
Award By MSEF Council Cannot Be Challenged In Writ, Remedy Under Section 34 Of A&C Act Must Be Availed: Gujarat High Court
The bench of Justice Vaibhavi D. Nanavati of Gujarat High Court has held that an award passed by MSEF Council under Section 18 of the MSMED Act cannot be directly challenged in a writ petition and the aggrieved party has to challenge it under Section 34 of the A&C Act. The Court relied upon the judgment of the Supreme Court in India Glycols Ltd., Vs. Micro and Small...
Procedural Requirements Of Retrenchment Notice And Payment In Lieu Of Notice Must Be Fulfilled Under Both S. 25F of ID Act And State Rules: Gujarat High Court
The Gujarat High Court division bench of Justice Biren Vaishnav and Justice Pranav Trivedi summarily dismissed an appeal filed against Trivedi Crafts, an Ahmedabad-based marble dealer. The bench perused Section 25F of the Industrial Disputes Act and Rule 80B of the Industrial Disputes (Gujarat) Rules, 1996 and held that the procedural requirements of retrenchment were duly followed by...
Alcoholic Ayurvedic Medicine? High Court Says Proceeding Under Drugs & Cosmetics Act Doesn't Preclude Action Under Gujarat Prohibition Act
The Gujarat High Court has affirmed charges invoked against a pharmaceutical firm owner for allegedly violating State's prohibition law by selling intoxicating substances as ayurvedic medicine, clarifying that action under the Drugs & Cosmetics Act does not exempt an individual from prosecution if a case is made out under the Gujarat Prohibition Act, 1949.Bench of Justice Hasmukh D....
Lion Deaths: Gujarat High Court Calls For High-Level Enquiry Into Working Of Forest And Railway Depts, Slams Their "Face Saving" Probe
The Gujarat High Court has expressed strong displeasure at the "face saving" enquiry conducted by the Railways and Forest Department into the unnatural deaths of three Asiatic lions on railway tracks in Amreli district.“We are initiating a high level enquiry into the working of railways and the forest department,” Chief Justice Sunita Agarwal orally remarked. She pointed that the...
'In Larger Public Interest': High Court Directs Father-Son Duo To Vacate Flats For Redevelopment Of Dilapidated Building In Ahmedabad
The Gujarat High Court recently directed a father-son do to vacate their flats in a Ahmedabad society, to facilitate the redevelopment of the 'dilapidated, dangerous, and ruinous' structure, enabling society members to receive 3BHK flats instead of their current 1BHK ones.Presiding over the case, Justice Vaibhavi Nanavati emphasized the significance of redevelopment in the larger public...
Lok Sabha Elections: Gujarat High Court Declares Public Holiday On May 7
The Gujarat High Court has announced May 7, 2024, as a public holiday for the High Court and its associated offices, as well as for the District Judiciary across the state. This decision comes in light of the upcoming General Election to the Lok Sabha and the by-elections for five Assembly Constituencies in Gujarat.A notification issued on April 19, 2024, stated, "Pursuant to the Order passed...
Gujarat High Court Refers Advocate's Conduct To Bar Council For Failing To Represent Client Despite Court Orders, Imposes ₹5K Fine
The Gujarat High Court has imposed a Rs 5,000 fine on an advocate for repeatedly failing to represent his client despite specific court orders. Additionally, the court has decided to forward Advocate Prashant V. Chavda's conduct to the Bar Council of Gujarat for further scrutiny. The Court remarked that Chavda's behaviour did not uphold the standards of the legal profession, and emphasized...
'Payment Of Pre- Deposit Can Be Made By Utilizing The Electronic Credit Ledger': Gujarat High Court Reiterates
The Gujarat High Court has reiterated that the Electronic Credit Ledger (ECL) can be utilized for making pre-deposits in appeals under the Goods and Services Tax (GST) regime.Shiv Crackers, a partnership firm involved in the distribution of pyrotechnic articles, contested an order issued by the Additional Commissioner under the CGST Act. This dispute stemmed from a search operation conducted...
Gujarat High Court Questions Appointment Of Waqf Tribunal Member Amid Allegations Of Criminal Antecedents, Seeks Response From State
The Gujarat High Court on Friday, during a hearing of a public interest litigation (PIL) challenging the appointment of the third member of the Waqf Tribunal in the state, sought an explanation from the state regarding the appointment of Anwar Hussain Shaikh, amidst allegations of his criminal antecedents.The division bench comprising Chief Justice Sunita Agarwal and Justice Aniruddha P...
Can't Invoke 'Habeas Corpus' For Animals & Birds: Gujarat High Court Asks Lawyer To Amend Plea Seeking Custody Of Stolen Livestock
The Gujarat High Court recently observed that it cannot issue a writ of habeas corpus over stolen livestock and suggested the lawyer who had filed the petition to "go through the law regarding habeas corpus first".The division bench comprising Justices A Y Kogje and Justice SJ Dave was dealing with a plea moved by Kasmaben Somubhai Singade, a woman from Surat seeking custody of her...
'Prima Facie Absurd': Gujarat High Court On Family Court Assessing Woman's Financial Status From Unverified Photos And Denying Maintenance
The Gujarat High Court has made prima facie observations against a Family Court order rejecting a deserted woman's application for maintenance under Section 125 CrPC on the basis of her financial status and alleged lavish lifestyle assessed from few unverified photographs.Justice JC Doshi presiding over the case observed, “Some strange findings are recorded by the learned Family Judge in...
Major Woman Free To Choose Her Own Course: Gujarat High Court On Live-In Partner's Habeas Corpus Plea
The Gujarat High Court has re-iterated that an adult woman is free to choose her own path in a relationship. The remarks were made while dealing with a habeas corpus petition filed by a woman's live-in partner, seeking her custody after she was allegedly taken away by her husband and confined to her maternal home.The petitioner before the court claimed to be a live-in partner of the woman,...