Gujarat High Court Orders Status-Quo On Proposed Demolition Of Shops Allegedly Encroaching On Public Road

The Gujarat High Court on Thursday (October 09) ordered status-quo till October 16 on the proposed demolition of certain shops in Gandhinagar district, claimed to be encroaching on a public road by the state authorities. The court further granted seven days' time (ending on October 16) to the shop-keepers to produce documents to support their claim and if they are unable to do so, the authorities can take appropriate action after October 16.After hearing the contentions, Justice Mauna M...

Gujarat High Court Lawyers Approach Chief Justice Over Difficulties Faced In Curing Defects While Filing Petitions

Lawyers in Gujarat High Court on Thursday (October 9) expressed their concern to Chief Justice Sunita Agarwal with regard to difficulties arising in removal of objections while filing petitions and listing of matters. This they said stems from a September 15 notification which prescribed that minor corrections, alterations or deletions can be done by filing draft amendments under the signature of the Advocate/Party-in-Person, which shall be subject to approval by the Registrar...

'Development Not At Cost Of Students': Gujarat High Court Asks Civic Body To Consider Plea For Excluding College Ground From Planning Scheme

The Gujarat High Court on Wednesday (October 8) directed Rajkot Municipal Corporation to decide the objections/ representation made by Mahatma Gandhi Charitable Trust which runs an engineering college in Mavdi— seeking exclusion of the college playground from the town planning scheme. In doing so the court said that while "development is appreciated" however it cannot be made at the "cost...

Alleged 'Victims' Of Religious Conversion Can Be Booked For Offence If They Induce Others To Convert Religion: Gujarat High Court

The Gujarat High Court has held that persons claiming to be "victims" of religious conversion can also be booked for the said offence if they subsequently indulge in the act of inducing other persons to convert.It thus rejected the contention of several men accused of religious conversion, that they were themselves victims of religious conversion and FIR against them is misconceived.The...

Gujarat High Court Slams Vadodara Municipal Corporation's "Attitude", Refuses To Condone Delay In Filing Arbitration Appeal

The Gujarat High Court on Tuesday (October 7) dismissed a Section 37 appeal under Arbitration and Conciliation Act filed by Vadodara Municipal Corporation concerning a construction contract dispute, noting that sufficient explanation for condoning delay of 137 days in filing appeal was not given. During the hearing, the court, on being informed that the appeal could not be filed because the...

'Is This The Feeling You Carry After 70 Yrs?' Gujarat High Court To Shopkeepers Opposing Vacation For Junagadh Museum Restoration

The Gujarat High Court on Tuesday (October 7) orally questioned the shop-keepers, stated to have migrated from Pakistan, opposing vacation of premises for restoration work at Junagadh Museum.During the hearing the court orally remarked that when petitioners' were granted an accommodation during independence, at that time the situation was all together different, adding that "Is this the...

S. 49 CGST Act | Once Penalty Deposited In Electronic Cash Ledger Is Credited To Govt, Tax Liability Gets Discharged: Gujarat High Court

The Gujarat High Court has reiterated that once a penalty, interest, fee etc., deposited by a registered person in his electronic ledger is credited to the government's account, the tax liability is discharged to the extent of the deposit made to the Government. Referring to Section 49 (Payment of tax, interest, penalty and other amounts) of the CGST Act and a decision of the division...

'Mediation Has That Magic': Gujarat High Court Remarks After 10-Year-Old Dispute Gets Resolved In Two Mediation Sittings

The Gujarat High Court on Monday (October 6) closed a Section 37 appeal filed under the Arbitration and Conciliation Act pertaining to a 10-year dispute which was referred to mediation and was amicably resolved in two sittings. Disposing of the appeal, the court, while lauding the efforts of the mediator, also orally remarked that "mediation has that magic". A division bench of Chief...

'Not A Country With No Rule Of Law': Gujarat High Court Says After 'Whistleblower' In Municipality Refuses To Testify Claiming Risk To Life

In a matter where an alleged whistleblower in a municipal corporation had purportedly supplied a "forged" document used in a tender but refused to come forward alleging threat to life, the Gujarat High Court on Monday (October 6) orally said that India is not a country with no rule of law. The matter pertains to a contract awarded by Vadodara Municipal Corporation to the respondent entity,...

'Intoxication On Duty Erodes Public Trust, Undermines Integrity': Gujarat High Court Upholds Conviction Of Police Constable

The Gujarat High Court has observed that while police officers enjoy certain legal protections, they are not above the law. The Court noted that being found intoxicated while on duty undermines the integrity and efficiency of police personnel and erodes public trust in law enforcement agencies. A bench of Justice RT Vachhani made these observations while dismissing a...

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.The court observed 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...

[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...