Whether Compensation Cess Is Leviable On Goods Supplied To Merchant Exporter: Gujarat High Court Asks GST Council To Decide

The Gujarat High Court has referred a matter to the GST Council to decide on whether the compensation cess is leviable on goods supplied to merchant exporter. The Division Bench of Justices Bhargav D. Karia and D.N. Ray observed that “……..no notification is issued by the Central Government or State Government under the Compensation Cess Act and therefore, the assessee is made liable to pay Compensation Cess at normal rate i.e. 160% on the supply of goods to merchant exporters for...

Passport Authority Cannot Decide If Accused Has Right To Travel Abroad, Such Power Is Only Vested In Trial Court: Gujarat High Court

The Gujarat High Court recently observed that passport authorities do not have any authority to decide whether an accused has the right to travel abroad as such an authority is only vested with the Trail Court which may impose conditions, if accused moves a travel plea. In doing so, the Court directed the Passport Authority to renew the petitioner-accused's passport for a period of 10 years as per the Passport Act, 1967 and Rules.The court was hearing a man's plea booked under the Gambling...

Gujarat High Court Permits Termination Of Minor Rape Survivor's 33-Week Pregnancy, Says She Has A Long Life Before Her

The Gujarat High Court on Monday (May 12) directed the medical termination of a minor rape survivor's 33-week pregnancy, ordering the authorities to carry out the procedure at the earliest after obtaining "express consent" of the parents and explaining the risks to them in the language they understand. Justice Nirzar S Desai passed the order after examining a report submitted by senior expert doctors at PDU General Hospital in Rajkot who had been earlier directed by a co-ordinate bench to...

Penalty Orders U/S 270A Of Income Tax Act Cannot Be Issued After Approval Of Resolution Plan U/S 31 Of IBC: Gujarat HC

The Gujarat High Court bench of Justices Bhargav D. Karia and D.N.Ray has held that Penalty orders under Sections 270A, 271(1)(c), and 271AAC(1) of the Income Tax Act, 1961 (Income Tax Act) cannot be issued after the approval of the Resolution Plan under Section 31 of the Insolvency and Bankruptcy Code, 2016 (Code). Once the Resolution Plan is approved by the Adjudicating...

Gujarat High Court Slaps ₹20 Lakh Cost On PIL Litigant Found Involved In Blackmailing Scandal

Dismissing a PIL seeking demolition of alleged illegal and unauthorised constructions near Lajpore Central Jail in Surat, the Gujarat High Court said that the litigant misused the PIL mechanism for personal gain and that abuse of court process by an unscrupulous person who was caught blackmailing cannot be permitted. In doing so the court imposed exemplary cost of ₹20 Lakh on the...

'Systematic Attempt To Mint More Money': Gujarat HC Denies Bail To Doctor Accused Of Performing Forced Angioplasties To Claim Govt Funds

The Gujarat High Court has rejected the bail plea of a cardiologist accused of performing angioplasty upon healthy persons in a bid to get funds from the Pradhan Mantri Jan Arogya Yojana (PMJAY) scheme for a private hospital.In doing so the court observed that the material on record indicated a "strong prima facie" case against the petitioner where his involvement in the alleged offence cannot...

Work To Install Intrusion Detection Device Has Begun: Railways Tells Gujarat HC In Plea Concerning Asiatic Lion Deaths On Train Tracks

In a plea concerning the death of Asiatic Lions whose bodies were found on railway tracks in and around Gir forest, the Railways informed the Gujarat High Court on Friday (May 9) that a tender was awarded for installation of intrusion detecting device and the work for installing it has commenced which will be completed in a year. A division bench of Chief Justice Sunita Agarwal and Justice...

'Misconceived': Gujarat High Court Rejects PIL Against Alleged Illegal Operation Of Trust From Sabarmati Ashram Premises

The Gujarat High Court dismissed a PIL petition seeking to stop the alleged illegal operation of a trust from the premises of Gandhi Ashram in Sabarmati, observing that no roving inquiry can be conducted on an apprehension without there being any substance shown to the court. The PIL moved by an advocate claimed that one Manav Sadhna Trust being operated by one of the Trustee of...

'Illegal Construction Can't Be Ignored': Gujarat HC Rejects Plea To Stay Demolition Drive At Chandola Lake Till Residents Are Rehabilitated

In a plea by 58 individuals residing in Ahmedabad's Chandola Lake whose hutments were removed during the demolition drive by the state authorities last month, the Gujarat High Court remarked that the residents act of having "illegal and unauthorised constructions" on Lake Land cannot be "ignored".While the court "rejected" the petitioners' plea for stay of further demolition till...

'Re-Evaluation Of Answers Prohibited': Gujarat HC Directs Appointment Of 5 Candidates As Section Officers Ousted At Verification Stage

The Gujarat High Court directed the State to carry out the appointment exercise which regard to five meritorious candidates whose candidature to the post of Section Officer was rejected following "re-evaluation" of answer sheet and publishing of revised final result, stating that the rules prohibit re-evaluation, permitting only re-checking. It thus said that action of the Gujarat Public...

Seven Judicial Officers Sworn In As Judges Of Gujarat High Court

Seven Judicial Officers were sworn in as judges of the Gujarat High Court on Monday (May 5).The oath was administered to them by Chief Justice Sunita Agarwal. Notably the Central Government had notified the appointments on May 1.The judicial officers who were sworn-in as judges are: (i) Shri Liyakathussain Shamsuddin Pirzada, (ii) Shri Ramchandra Thakurdas Vachhani, (iii) Shri...

'Dying Declaration Doesn't Inspire Confidence': Gujarat HC Upholds 1997 Order Acquitting Husband Booked For Setting His Wife Ablaze

The Gujarat High Court upheld a 28-year-old trial court order acquitting a man accused of his wife's murder by setting her ablaze and thereby dismissed the State's appeal, after finding the prosecution's reliance on the victim's dying declarations unreliable.A division bench of Justice A.S. Supehia and Justice Nisha M. Thakore, in its order said, “looking to the medical condition of...