Justice M.R. Shah Retires: A Look at his Dynamic Tenure and Decisions
After an active tenure of 4.5 years at the Supreme Court, which includes authoring of nearly 700+ decisions, Justice Mukeshkumar Rasikbhai Shah retires today.
Gujarat High Court
High Courts Roundup [May]| Stories on screening of Kerala Story; Kerala Doctor’s killing; bail to Times Now Reporter Bhawana Kishore and more
A quick legal roundup to cover important stories from all High Courts this week.
Supreme Court stays Gujarat Govt’s ‘rushed’ decision to promote judicial officers as District Judges; says ‘State could’ve waited till next hearing’
The Gujarat Government had issued the impugned Notification dated 18.04.2023 during the pendency of the present writ petition and after receiving the notice issued by the Court. The Supreme Court observed that the State Government could have waited till the next date of hearing which was on 28.04.2023.
Gujarat HC suspends life sentence of 3 IAF Officers in 28 years old murder case; sets aside CBI Court order
The Court found that the conviction and life sentencing order suffered from patent infirmities and was based on presumptions.
CAT, Ahmedabad has no jurisdiction to dismiss show cause notice in fake encounter case; Gujarat HC rejects former IPS officer Rajnish Rai’s plea
The Court also said that the CAT, Ahmedabad, did not have jurisdiction under rule 6(1) of Central Administrative Tribunal (Procedure) Rules, 1987, as the show cause notice was issued from New Delhi.
Justice Gita Gopi, Judge Gujarat HC recuses from hearing Rahul Gandhi’s plea in Defamation Case
Gujarat High Court: In a criminal revision petition filed by Congress leader Rahul Gandhi, challenging the Surat Sessions Court's order, wherein his
Gujarat HC issues notice to Gujarat Industrial Development Corporation over arbitrary and discriminatory promotions
It was alleged by the petitioner that different yardsticks cannot be applied selectively to deprive a candidate, who is eligible and entitled for promotion.
Gujarat High Court upholds examination committee’s decision to cancel end semester exam of Nirma University’s law student for indulging in unfair means
The Courtsaid that while determining misconduct one is not to go only by the penalty imposed but the nature of the malpractices committed by the student as well.
Public Interest precedes Private Interest; Gujarat HC rejects plea to standstill housing redevelopment scheme of 32-year-old society
When a redevelopment scheme is in the interest of public at large, the entire project cannot be put to a standstill at the behest of few persons (14 petitioners) when 75% of the occupants have consented to the redevelopment process.
Right to food under Art. 21 includes right to food with hygiene: Gujarat High Court dismisses plea to re-open Surat meat shops
The Gujarat HC has observed that right to freedom of trade may be a fundamental right, but not a carte blanche. The right to free trade in food items like meat, or any such food has to be sub-serving to public health and food safety requirements.
Amended Section 153C of the Income Tax Act, 1961 applicable retrospectively to searches conducted prior to 2015 Amendment: Supreme Court
The amendment in Section 153-C of the Income Tax, 1961 was brought and the words “belongs or belong to” were substituted by the words “pertains or pertain to” after a ruling by Delhi High Court in Pepsico India Holdings Private Limited v. ACIT, 2014 SCC OnLine Del 4155.
Justice Sonia Giridhar Gokani, the First Woman Chief Justice of Gujarat High Court, retires
Justice Sonia Giridhar Gokani, who recently took oath as the Gujarat High Court’s 28th and First Woman Chief Justice, retired on 25-02-2023 after a shortest tenure of any Chief Justice in the history of Gujarat High Court
Justice Sonia G. Gokani takes oath as First Woman Chief Justice of Gujarat High Court
In a historic moment for Gujarat High Court, today Justice Sonia G. Gokani took oath as the High Court’s First Woman Chief Justice. The Supreme Court Collegium recommended as her name for the post stating that her elevation will bring a sense of inclusion and facilitate representation.
Know Thy Newly Appointed Supreme Court Judges- Justice Rajesh Bindal and Justice Aravind Kumar
With former High Court Chief Justices Rajesh Bindal and Aravind Kumar swearing in as Supreme Court Judges, read to know about the new appointees and what it means for Supreme Court’s Judges’ strength.
Supreme Court Collegium recommends two more names for appointment as SC Judges, against the two remaining vacancies
The Collegium recommends two more names of Justice Rajesh Bindal, Chief Justice, Allahabad High Court and Justice Aravind Kumar, Chief Justice, Gujarat
Inability to produce required documents due to COVID-19 lockdown; Gujarat High Court quashes reassessment order
Gujarat High Court observed that due to COVID-19 lockdown it was impossible for the petitioner to get Form-F and denying adjournment after taking note of this fact results in breach of principle of natural justice.
26 years on, ONGC sits on a temporarily acquired land. Such a long temporary acquisition infringes landowner’s right to property, holds SC
The Supreme Court has directed ONGC and State to either comply with the Gujarat High Court's order directing the permanent acquisition of land by ONGC on or before 26.04.2023 or face necessary consequences.
Life and liberty of a person not on the shore of India, cannot be invoked when the individual himself is not in India; Gujarat High Court dismisses petition of foreigner to enter India
Gujarat High Court denied entry to an American Passport holder who has been convicted as a sex offender and held that petition filed by the petitioner's father on petitioner's behalf, invoking Articles 14 and 19 of the Constitution of India, is not maintainable because life and liberty of a person not on the shore of India, cannot be invoked on his behalf when the individual himself is not in India
Mandate of the Right to Information Act, 2005 is to promote free flow of information; Gujarat High Court directs Commissioner of Police to publish rules framed under Section 33 of Gujarat Police Act, 1951
The preamble of the RTI Act captures informed citizenry and promotes transparency in the functioning of the government, which makes petitioner entitled to know the procedure followed in the decision-making process of denying the permission to protest.
‘Amicable settlement between parties is unwarranted when the serious offence of murder is committed’; Gujarat High Court denies bail
Gujarat High Court while deciding the bail application strikes the balance between personal liberty of accused and seriousness of offences committed.