Gujarat High Court Upholds Validity Of GST Advisory On Interest For Delayed Tax Payment

The Gujarat High Court has upheld the validity of the GST advisory on interest for delayed tax payment. Justices Bhargav D. Karia and Pranav Trivedi stated that the reference to Section 79 of the GST Act in the advisory is only to put the assessee on guard as to such outstanding liability as per the record of the Authority so that the assessee can either make the payment of...

Gujarat High Court Quashes Criminal Complaint Against Company For Alleged Default Of CSR Obligations

The Gujarat High Court recently quashed a criminal complaint registered against a company claiming default of its Corporate Social Responsibility (CSR) obligations, after noting that the offence alleged–including the penalty–had been decriminalized by Companies (Amendment) Act 2020. Justice JC Doshi in his order referred to Supreme Court's decision in T. Barai v. Henry Ah Hoe and Anr....

Gujarat High Court Imposes ₹1.4 Crore 'Exemplary Cost' On Litigants For Filing PIL Without Disclosing Proper Credentials

The Gujarat High Court on Friday (July 11) imposed exemplary costs of Rs 20 Lakh each on seven individuals who filed a PIL challenging development permission granted to a builder, for not disclosing their credentials properly— calling it "doubtful".During the hearing when the petitioners' counsel sought time to file additional affidavit on petitioners' qualification, a division bench of...

Can Lack Of Intention Wipe Out Conduct?: Gujarat High Court To Senior Advocate Seen With Beer Mug On VC

While hearing a suo motu contempt plea against senior advocate Bhaskar Tanna for appearing on VC while drinking from a beer mug, the Gujarat High Court on Monday (July 14) orally said that while it knows that the senior advocate did not have any intention behind such conduct but wondered whether lack of intention can erase the contemptous conduct.For context, the incident in question took...

Gujarat High Court Directs Man Captured On Toilet Seat During VC To Deposit ₹1 Lakh By July 22

The Gujarat High Court on Monday (July 14) directed a man, who was captured seated on a toilet seat during online proceedings last month, to deposit Rs 1 Lakh with the court's registry by July 22. A division bench of Justice A.S. Supehia and Justice R.T. Vachhani while dictating its order said:"Pursuant to the order dated June 30 the registry has placed the report on record. The report...

"Wholly Misconceived": Gujarat High Court Rejects Challenge To Vires Of Land Grabbing Act, Warns Of Exemplary Cost

Dismissing a plea seeking a declaration that provisions of the Gujarat Land Grabbing (Prohibition) Act 2020 be declared ultra-vires, the High Court on Monday (July 14) noted that the plea filed was a "wholly misconceived petition", noting that the validity of the statute had already been adjudicated by the court in its judgment last year. The court said this after noting that the...

Asking Daughter-In-Law To Arrange Money For Bail Of Husband, Father-In-Law Not Dowry: Gujarat High Court

Upholding the acquittal of a woman's in-laws accused of dowry death, the Gujarat High Court said that demanding money from her to meet legal expenses for applying for their bail in another case would not amount to dowry and can't be regarded as harassment related to "Illegal demand for dowry" leading to the woman's suicide. The State's appeal challenged a 2013 judgment by the sessions...

'Error Was Not Corrected': Gujarat High Court Grants Relief To Man Whose Name Appeared Both As Complainant & Accused In FIR

The Gujarat High Court quashed an FIR for voluntarily causing hurt and criminal intimidation lodged against a man whose name was mistakenly shown as an accused in one place and as a complainant in another place in the same FIR.Noting that no steps were taken to correct the error, but an investigation was carried out and a charge-sheet was filed, the court said that continuing the FIR would...

Gujarat High Court Asks Police To Look Into Man's Cheating Claim Against Fertility Centre Alleging Child Born Via IVF Is Not His

The Gujarat High Court on Thursday (July 9) directed the police to look into a man's grievance alleging cheating and forgery by a fertility hospital wherein he claimed that a DNA test revealed that he is not the biological father of the child born to him and his wife through IVF procedure. The plea has alleged "cheating, criminal breach of trust and forgery" levelled against the...

Gujarat High Court Fines 'Journalist' ₹1 Lakh For Abusing PIL Jurisdiction

The Gujarat High Court imposed cost of Rs. 1 Lakh on a man claiming to be the Chief Editor of Navsari Times Weekly, for filing a PIL based on "false statement and misleading" the court regarding grant of development rights to a company for commercial construction on a land while claiming that it falls in a residential zone. In doing so, the Court while dismissing the PIL, remarked that a...

No Disciplinary Action Against Judge Merely Because 'Wrong Order' Has Been Passed: Gujarat High Court Reinstates Judicial Officer

The Gujarat High Court on Wednesday (July 9) reinstated a judicial officer dismissed from service for alleged misconduct, engaging in corrupt practices and dereliction of duty wherein he purportedly forced a party to handover seized oil-tankers to its owners which were booked for theft of high-speed diesel, terming it unfair and unlawful. The court further emphasized that unless there...

'Rethink' Withholding Enrolment Certificate Of Graduates From Unrecognised Law Colleges Which Haven't Paid Inspection Fee: Gujarat HC To BCI

In a plea by law graduates from unrecognized institutions aggrieved by non-issuance of enrolment certificates, the Gujarat High Court "prima facie" observed that BCI's action was unjustified asking it to rethink and appropriately decide on granting enrollment certificates wherein institutions have not paid fee for retrospective recognition.It said that it appeared that after a student...