Gujarat HC Refuses To Quash Cheating FIR Against Partners Of Real Estate Firm For Not Completing Project Or Returning Homebuyers' Money

The Gujarat High Court refused to quash an FIR against developers/partners of a real estate development firm accused by home buyers of neither finishing the project called Suranva Residency nor handing over possession of the flats in question or returning the booking amount. In doing so the court underscored that the partners of the firm were obliged to either finish the project, or return the money to the homebuyers and even if there was an dispute inter-se partners the buyers cannot...

Supreme Court Collegium Recommends Appointment Of 8 Judicial Officers As Judges Of Gujarat High Court

The Supreme Court Collegium has recommended the appointment of eight judicial officers as judges of the Gujarat High Court. In its meeting held on Wednesday (March 19) the Collegium has approved the proposal for appointment of the following Judicial Officers as Gujarat High Court Judges:(i) Shri Liyakathussain Shamsuddin Pirzada,(ii) Shri Ramchandra Thakurdas Vachhani,(iii) Shri Jayesh Lakhanshibhai Odedra,(iv) Shri Pranav Maheshbhai Raval,(v) Shri Mool Chand Tyagi,(vi) Shri Dipak...

Gujarat HC Issues Notice On Man's Plea For Correction Of Low CIBIL Score Caused By Loan Repayment Notices Issued Due To Alleged Mistaken Identity

The Gujarat High Court issued notice on a man's plea seeking a direction to Rajkot Nagrik Sahkari Bank to correct his low CIBIL (Credit Information Bureau India Limited) score on the ground that "wrongful notices" were issued to him by the bank to repay a loan due to an alleged case of mistaken identity.Justice Aniruddha P. Mayee in his order said, “Heard the learned counsel for the petitioner. Issue Notice, returnable on 25.04.2025.”It was stated in the plea that the petitioner–Praveenbhai...

Gujarat HC Rejects Son's Plea Claiming No Liability To Pay Deceased Father's Bank Loan As 'Debt Is Not Heritable Under Muslim Law'

The Gujarat High Court recently rejected a man's plea against dismissal of his application for rejection of suit filed by a bank to recover a loan taken by the man's deceased father, claiming he was not liable to pay his father's bank loan as debt is not heritable property under Muslim Law. The court however said that the contentions made by the son would require a "detailed inquiry during...

Gujarat HC Calls For Report On Functioning Of State Educational Service Tribunal Over Claims Of Prolonged Proceedings, Lack Of VC Facility

The Gujarat High Court directed its Registrar General and education department's Chief Secretary to report on the functioning of the state Educational Service Tribunal after parties raised concerns on its functioning, installation of CCTV cameras and lack of virtual hearing facility leading to prolonged proceedings.A division bench of Justice A.S. Supehia and Justice Nisha Thakore...

Surat Rape Case: Gujarat High Court Directs State Authorities To Decide Narayan Sai's Furlough Plea Expeditiously

The Gujarat High Court on Tuesday (March 11) directed the concerned authorities to decided Asaram Bapu's son Narayan Sai's plea for furlough expeditiously, preferably within 30 days. In 2019 Sai was convicted and sentenced to life imprisonment by a Sessions Court in Surat in a rape case. His appeal against this decision is pending before the high court.Justice MR Mengdey while dictating the...

Gujarat HC Holds 4 Senior Citizen Women Guilty Of Contempt, Refrains From Sending Them To Civil Imprisonment In View Of Their Age

The Gujarat High Court has held four senior citizen women guilty of contempt of court, for entering into an agreement to sell a disputed property and creating third party rights despite a 2010 status quo order. However, noting the age of the contemnors, the court did not send them to civil imprisonment; instead it fined them with Rs 2000 each, quashed the agreement to sell the property...

Reservation In Local Bodies: High Court Seeks State's Stand On PIL Challenging Vires Of Gujarat Local Authorities Laws (Amendment) Act 2023

The Gujarat High Court on Monday (March 10) sought the state government's stand on a PIL challenging the constitutional validity of the Gujarat Local Authorities Laws (Amendment) Act 2023 and subsequent amendment made to the relevant rules, claiming it is contrary to the Supreme Court's decisions on the manner in which reservation is to be implemented. The plea claims that as per the decision...

'Pious Intention' Of Compassionate Appointment Is To Give Relief To Deceased Employee's Kin, Can't Be Misused: Gujarat High Court

Underscoring the "pious intention" of compassionate appointment which is to give relief to the deceased employee's kin, the Gujarat High Court stopped short of imposing costs on a litigant for suppressing material facts after noting that she only intended to secure the appointment of her son at LIC after her husband's death. In doing so the court observed that the litigant had not disclosed...

'Her Rehabilitation & Restorative Care Is Most Important': Gujarat High Court Orally Says During Tribal Woman Assault Hearing

While hearing a suo motu plea pertaining to the reported assault of a tribal woman who was stated to be disrobed, paraded and dragged by a motorcycle in the district, the Gujarat High Court on Friday (March 7) orally said that the rehabilitation and restorative care which are to be provided to her are of utmost importance. After the court was informed that the alleged assault was stated to...

Assessee Entitled To Interest On Refund Under Direct Tax 'Vivad Se Vishwas' Scheme: Gujarat High Court

The Gujarat High Court stated that the assessee is entitled to the interest on refund under Direct Tax Vivad Se Vishwas Scheme. “it is true that the assessee is not entitled to interest under Section 244A of the Income Tax Act, 1961, however, when the assessee has opted for direct tax for Vivad se Visvas Scheme 2020 and filed the application which was approved by...

Can A Semitrailer Which Is Connected To A Motor Vehicle, Be Subjected To Tax? Gujarat High Court To Consider State's Appeal

The Gujarat High Court will hear next week, the State's appeal against a 2014 order of a single judge which held that tax cannot be levied on a semi trailer, as the same does not qualify as a "motor vehicle" under the Motor Vehicle's Act, 1988. A semi trailer defined under the Motor Vehicles Act means a vehicle not mechanically propelled (other than a trailer), which is intended to be...

'Personally We Are All Victims To This': Gujarat HC Remarks In Plea Against Violation Of Noise Pollution Norms, Orders Framing Of Policy

The Gujarat High Court on Wednesday (March 5) issued notice on a plea alleging wilful disobedience of the directions issued by the high court, the Supreme Court as well as December 2019 notification concerning the issue of noise pollution.While listing the matter after four weeks, the court directed the respondent authorities to formulate a policy or mechanism for implementation of...

Manual Scavenging: Gujarat High Court Condemns 'Absolute Silence' By Municipality's Incharge On Action Taken On Death Of 2 Sanitation Workers

The Gujarat High Court on Wednesday (March 5) expressed its displeasure with the Chief Officer of Patdi Nagar Palika (Municipality) for the "absolute silence" on any action taken by the body after it became aware of the death of two sanitation workers– employed by a contractor, during manual scavenging. While perusing the officer's affidavit, the court said that the "ignorance" shown by...

Gujarat High Court Rejects 35-Year-Old Candidate's Plea For Age Relaxation To Participate In Civil Judges Recruitment Process

The Gujarat High Court refused to grant further age limit relaxation to a 35-year-old candidate who had applied in the civil judges recruitment process, noting that the same was not provided for in the Gujarat State Judicial Services Rules, 2005.The court was examining whether the candidate could have been granted the relaxation who claimed to be within the age limit on the first day of filing...

Gujarat High Court Stays Trial Against State BJP Minister Purshottambhai Solanki In ₹400 Crore Alleged Fisheries Scam

The Gujarat High Court stayed trial against BJP minister of state for fisheries Purshottambhai Odhavji Solanki, accused of awarding dams for breeding fishes to various persons without issuing tender as per policy and thereby allegedly getting "illegal financial benefits" to the tune of Rs 400 crores. The high court observed that the trial court proceeded to frame charges against Solanki when...

Industrial Disputes Act | Gujarat HC Quashes Order Referring Alleged Dispute Between Company & Foreign Personal Assistant To Labour Court

Quashing an order referring to the labour court an alleged dispute between a company and a female foreign national employed as a personal assistant–who had also levelled rape allegations, the Gujarat High Court said that there was no application of mind regarding a "prima facie opinion" on if an industrial dispute existed. Observing that the assistant labour commissioner's order was...

78 Adjournments, No Substantial Trial: Gujarat High Court Grants Bail To NDPS Accused Citing Prolonged Incarceration

The Gujarat High Court recently granted regular bail to a man booked in a case under the NDPS Act after observing that while the trial had not progressed substantially, the matter had been adjourned almost 78 times leading to “prolonged incarceration” and "blink hope of a speedy trial" in the case. In doing so the high court further noted that there were many NDPS cases pending before...

NDPS Act | Gujarat High Court Grants Bail To Man In Jail For Over 3 Years, Notes Only 2 Out Of 29 Witnesses Were Examined

The Gujarat High Court recently granted regular bail to an man booked under NDPS Act, in view of long incarnation of three and a half years and after noting that out of 29 witnesses only two had been examined where the trial court had not give any time bound schedule of the examination of such witnessesJustice Gita Gopi in her observed, “The report of the City Civil Judge, Special Court...

Gujarat HC Stays Interim Order Directing State Bar Council To Issue Provisional Practice Certificate To 2 Law Graduates From Unrecognized College

The Gujarat High Court on Thursday (February 27) stayed the interim order passed by the single judge directing the Bar Council of Gujarat to issue provisional Certificate of Practice to two law graduates from an unrecognized college, so as to enable them to apply for Civil Judges recruitment process. The high court noted that the single judge in his order did not discuss Rule 7(2)(b) of...