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...

Gujarat HC Paves Way For Two Law Graduates From Unrecognized College To Apply For Civil Judge Post, State Bar Body To Issue Provisional Certificate

The Gujarat High Court on Monday (February 24) directed the State Bar Council to issue provisional certificate of practice to two law graduates, who completed their LL.B. from an unrecognized institution, so as to enable them to participate in the recruitment process to the post of civil judge. Issuing notice to the respondents, Justice Nirzar S Desai in his order said, "In the meantime,...

MV Act | Paralysis Of Minor's Upper Body Left Him Deadwood At Nascent Stage, Tribunal Erred In Assessing Disability As 50%: Gujarat HC

Enhancing the compensation to Rs. 13,09, 240 along with interest to a 5-year-old boy who became paralytic after a road accident, the Gujarat High Court said that the Motor Accident Claims Tribunal–which had awarded over Rs. 2 Lakh– had “failed to understand” the effect of paralysis on the boy's upper body which left him “deadwood at the nascent age”. In doing so the court...

Didn't Mend His Ways: Gujarat HC Slams District Development Officer For Non-Compliance Of Orders On Removing Encroachment From Grazing Land

Observing that he has "no regard" for the court, the Gujarat High Court expressed its displeasure with District Development Officer (DDO) of Banaskantha, Palanpur for non compliance of the court's earlier orders on removal of encroachments on Gauchar land (grazing land) in Salla village. The court further noted that the officer in his subsequent affidavit had not given any details as to...

MV Act | Tribunal's Approach Insensitive, Found Small Inconsistencies To Throw Out Claim: Gujarat HC Quashes Order Rejecting Compensation

While quashing an order of the Motor Accident Claims Tribunal (MACT) which had dismissed a claim petition, the Gujarat High Court observed that it was unfortunate that instead of "taking a holistic view" the tribunal had sought to fund minor inconsistencies to throw out the claimant's plea for compensation under the Motor Vehicles Act. In doing so the court observed that the tribunal had...

Plea That Signed Copy Of Award Was Not Received Cannot Be Raised For First Time In Appeal U/S 37 Of Arbitration Act: Gujarat High Court

The Gujarat High Court bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi has held that the plea that limitation period for challenging the award under section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) did not start as the signed copy of the award was not received by the party, cannot be raised for the first time in appeal under section 37 of...

Vadodara Boat Capsize: Gujarat High Court Directs Contractor To Deposit 25% Of Total Compensation By March 31

The Gujarat High Court on Monday (February 17) directed the partners of M/s Kotia Projects–the contractor firm managing activities at Harni lake Vadodara, to deposit compensation of over Rs. 3.5 crore approximately for persons who died in the Vadodara boat capsize incident- in four instalments, the first instalment of 25% to be deposited by March 31. On January 18, 2024, a boat capsized...

Justice Biren A Vaishnav To Head Gujarat High Court For Two Weeks After Chief Justice Sunita Agarwal Goes On Leave

The Central Government on Monday (February 17) notified the appointment of Justice Biren Aniruddh Vaishnav to perform the duties of the office of the Chief Justice of Gujarat High Court between February 18 to March 2. The appointment was made in view of the fact that Chief Justice Sunita Agarwal is going on leave during that time. The notification issued by the Ministry of Law and Justice...

Gujarat High Court Advocates' Association Resolves To Seek Transfer Of Chief Justice Sunita Agarwal

The Gujarat High Court Advocates Association in its extra ordinary general meeting on Monday (February 17) has resolved to seek the transfer of Chief Justice Sunita Agarwal. As per the resolution, the bar body has resolved that, "The House further resolves to take appropriate steps, including seeking transfer of the Hon'ble Chief Justice within the frame work of law to ensure that the faith...