Gujarat High Court
Gujarat High Court Declines To Discharge Man Accused Of Aiding Cops Who Tried To Extort Complainant After Account Freeze
The Gujarat High Court refused to discharge a man booked for allegedly giving complainant's bank account details to cops accused of trying to extort and seek gratification in lieu of de-freezing the complainant's bank account, stating that "prima facie" there appeared to be ample material to put the accused to trial.The petitioner had moved the high court against a trial court order which refused to discharge in a case where the charge-sheet was filed for offences under Sections 385(Putting...
[Arbitration Act] Doctrine Of Merger Inapplicable When Superior Forum Has Not Decided Issue In Question: Gujarat High Court
The Gujarat High Court held that the doctrine of merger does not preclude the decree holder from claiming post award interest at 18% under section 31(7)(b) of the Arbitration and Conciliation Act, 1996 (Arbitration Act). The court quashed an order passed by the Principal District Judge by which it rejected the review application. The court directed the State of Gujarat to recalculate and...
S.148 NI Act | Appellate Court Has 'Sole Discretion' To Direct Deposit Of Minimum 20% Compensation Amount: Gujarat High Court
The Gujarat High Court has said that appellate court under Section 148 of the Negotiable Instruments Act has the sole discretion to direct a person challenging conviction for cheque dishonour to deposit 20% of the compensation amount, while considering the attending circumstances. Section 148 pertains to power of Appellate Court to order payment pending appeal against conviction. The...
Compulsory Retirement Order Passed In Public Interest Not Punishment: Gujarat High Court Upholds Premature Retirement Of Judge
Upholding the premature retirement of a judicial officer in 2016, the Gujarat High Court observed that an order of compulsory or premature retirement made in public interest or in the interest of administration is not a punishment. The court dismissed a plea moved by a former judicial officer challenging a 2016 notification notifying his premature retirement, who was serving as an...
Gujarat High Court Questions CBDT For Extending Audit Report Deadline Without Extending ITR Filing Due Date
The Gujarat High Court recently sought an explanation from the Central Board of Direct Taxes (CBDT) as to why it had not extended the due date for filing income tax return (ITR) when it had extended the specified date for filing tax audit report for Financial Year 2024-2025.The court sought an explanation after taking note of an earlier decision where it had held that Board cannot extend the...
Gujarat High Court Refuses To Halt Proposal For Partial Demolition Of '400-Year-Old' Mosque For Road Widening Project
The Gujarat High Court on Friday (October 3) declined to interfere with an order refusing to restrain the proposed partial demolition of a mosque stated to be 400-years old, to widen a road leading towards Sabarmati railway station in Ahmedabad. The court was hearing an appeal by the Muttawali of Mancha Masjid against rejection of his writ petition challenging action of Ahmedabad...
Gujarat High Court Quashes Non-Bailable Warrant Issued Against BJP MLA Hardik Patel In 2018 FIR Related To Patidar Quota Agitation
The Gujarat High Court on Monday (September 29) quashed a non-bailable warrant (NBW) issued against BJP MLA Hardik Patel after he gave an undertaking that he shall appear before the magistrate for attending the proceedings in a case related to a 2018 FIR registered against him. Patel had sought quashing of an order by the Additional Judicial Magistrate First Class, Ahmedabad (Rural) in...
Gujarat High Court Vacates Stay On Auction Of Shops Constructed In Residential Area In Rajkot Citing Grant Of Development Permission
The Gujarat High Court recently vacated its earlier order staying a proposed auction for sale of commercial shops constructed in residential premises known as Rangoli Park Apartments in Rajkot. For context, the court had on August 26 directed the Gujarat Housing Board not to auction the commercial shops scheduled on August 28. Vacating the stay the court noted that the development...
Sub-Inspector Exam: Gujarat High Court Rejects Pleas By Unsuccessful Aspirants Challenging Mandate Of Scoring 40% Marks In Each Subject
The Gujarat High Court rejected a plea moved by certain candidates challenging the result of Sub-Inspector exam wherein the selection board required candidates to secure 40% marks in each of the four subjects. The court held that the purpose of selection would stand defeated if instead of ascertaining knowledge of candidate in each subject their overall assessment is considered. The...
Gujarat High Court Hosts 2-Day Conference On Arbitration Law
The Gujarat High Court in collaboration with the Gujarat State Judicial Academy hosted a Two-Day Conference on Arbitration Law on September 20-21 bringing together eminent Judges and senior advocates from across the country, aiming to deepen engagement with arbitration jurisprudence, highlighting contemporary challenges and a way forward for the future. A press note states that the...
Gujarat High Court Mandates 45-Year Minimum Age, 20 Yrs Practice For Senior Advocate Designation; Can't Appear For Mentioning
The Gujarat High Court has mandated that advocates applying for senior advocate designation must be of minimum 45-year age to claim eligibility, in its newly notified High Court of Gujarat (Designation of Senior Advocate) Rules, 2025.The Rules which were published and notified on September 17 states:"3. Eligibility condition for designation of Senior Advocate :(a) An advocate shall be eligible...
'Disgraceful': Gujarat High Court Slams Lawyer For Creating False Demolition Panic, Moving Midnight Appeal
The Gujarat High Court deprecated the conduct of an advocate who claimed that due to non-grant of injunction order by trial court, the authorities would demolish his clients' flats overnight, noting that he misused the high court's machinery by moving an appeal late at night without even ascertaining the correct facts. Calling his conduct "deplorable" and "disgraceful" the court said that...