Gujarat High Court Directs ₹25 Lakh Aid To Wife Of Deceased Fair Price Shop Employee Who Died During Covid-19 Duty

Five years since the death of a "weigh-man"–working in a government recognized fair price shop–due to Covid-19 while performing emergency duty of distributing essential commodities, the Gujarat High Court directed the state government to grant financial assistance of Rs 25 Lakh to the deceased's wife within six weeks. The court observed that the State government had "erred in rejecting...

Man Agrees In Gujarat High Court To 'Re-Marry' Wife As Per Customs In Her Native Place

In a peculiar case before the Gujarat High Court, a man seeking production of his wife stated to be detained by her parents, agreed to visit her native place and re-marry as her the customs there.The couple got married in the absence of their families and the woman's family–belonging to Rajasthan, were desirous of performing certain marriage rituals in their native place in the presence of...

Gujarat High Court Upholds 2023 Amendment Empowering Executive Magistrate To Inquire Into Delay In Registration Of Births & Deaths

The Gujarat High Court has upheld the validity of a 2023 amendment to Section 13 of Registration of Births and Death Act that transferred the authority to inquire into the delayed registration of birth and deaths beyond a year from Judicial Magistrate to Executive Magistrate or District Magistrate(DM).The court was hearing a plea challenging the amendment to Section 13 on the ground that it...

'Extremely Coercive': Gujarat High Court Upholds Denial Of Conjugal Rights To Wife After Noting She Attempted Suicide, Defamed Husband

The Gujarat High Court upheld decisions of the trial court and appellate court which denied restitution of conjugal rights to the wife, after noting that she had attempted to commit suicide which amounts to extreme coercive behaviour with an intention to emotionally manipulate and mentally distress the husband.The court further noted that the wife had also printed "defamatory posters"...

Whether Compensation Cess Is Leviable On Goods Supplied To Merchant Exporter: Gujarat High Court Asks GST Council To Decide

The Gujarat High Court has referred a matter to the GST Council to decide on whether the compensation cess is leviable on goods supplied to merchant exporter. The Division Bench of Justices Bhargav D. Karia and D.N. Ray observed that “……..no notification is issued by the Central Government or State Government under the Compensation Cess Act and therefore, the assessee...

Passport Authority Cannot Decide If Accused Has Right To Travel Abroad, Such Power Is Only Vested In Trial Court: Gujarat High Court

The Gujarat High Court recently observed that passport authorities do not have any authority to decide whether an accused has the right to travel abroad as such an authority is only vested with the Trail Court which may impose conditions, if accused moves a travel plea. In doing so, the Court directed the Passport Authority to renew the petitioner-accused's passport for a period of 10 years...

Gujarat High Court Permits Termination Of Minor Rape Survivor's 33-Week Pregnancy, Says She Has A Long Life Before Her

The Gujarat High Court on Monday (May 12) directed the medical termination of a minor rape survivor's 33-week pregnancy, ordering the authorities to carry out the procedure at the earliest after obtaining "express consent" of the parents and explaining the risks to them in the language they understand. Justice Nirzar S Desai passed the order after examining a report submitted by senior...

Penalty Orders U/S 270A Of Income Tax Act Cannot Be Issued After Approval Of Resolution Plan U/S 31 Of IBC: Gujarat HC

The Gujarat High Court bench of Justices Bhargav D. Karia and D.N.Ray has held that Penalty orders under Sections 270A, 271(1)(c), and 271AAC(1) of the Income Tax Act, 1961 (Income Tax Act) cannot be issued after the approval of the Resolution Plan under Section 31 of the Insolvency and Bankruptcy Code, 2016 (Code). Once the Resolution Plan is approved by the Adjudicating...

Gujarat High Court Slaps ₹20 Lakh Cost On PIL Litigant Found Involved In Blackmailing Scandal

Dismissing a PIL seeking demolition of alleged illegal and unauthorised constructions near Lajpore Central Jail in Surat, the Gujarat High Court said that the litigant misused the PIL mechanism for personal gain and that abuse of court process by an unscrupulous person who was caught blackmailing cannot be permitted. In doing so the court imposed exemplary cost of ₹20 Lakh on the...

'Systematic Attempt To Mint More Money': Gujarat HC Denies Bail To Doctor Accused Of Performing Forced Angioplasties To Claim Govt Funds

The Gujarat High Court has rejected the bail plea of a cardiologist accused of performing angioplasty upon healthy persons in a bid to get funds from the Pradhan Mantri Jan Arogya Yojana (PMJAY) scheme for a private hospital.In doing so the court observed that the material on record indicated a "strong prima facie" case against the petitioner where his involvement in the alleged offence cannot...

Work To Install Intrusion Detection Device Has Begun: Railways Tells Gujarat HC In Plea Concerning Asiatic Lion Deaths On Train Tracks

In a plea concerning the death of Asiatic Lions whose bodies were found on railway tracks in and around Gir forest, the Railways informed the Gujarat High Court on Friday (May 9) that a tender was awarded for installation of intrusion detecting device and the work for installing it has commenced which will be completed in a year. A division bench of Chief Justice Sunita Agarwal and Justice...

'Misconceived': Gujarat High Court Rejects PIL Against Alleged Illegal Operation Of Trust From Sabarmati Ashram Premises

The Gujarat High Court dismissed a PIL petition seeking to stop the alleged illegal operation of a trust from the premises of Gandhi Ashram in Sabarmati, observing that no roving inquiry can be conducted on an apprehension without there being any substance shown to the court. The PIL moved by an advocate claimed that one Manav Sadhna Trust being operated by one of the Trustee of...