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Gujarat High Court

Electricity Connection cannot be denied for pending Dispute of Land Ownership

August 26, 2022 9021 Views 0 comment Print

Company cannot decide disputed question of right & title, ownership or right of occupancy has no nexus with grant of electrical connection

Arbitration application u/s 11(6) not maintainable as barred by limitation

August 20, 2022 3135 Views 0 comment Print

Held that application u/s 11(6) for appointment of an arbitrator after the period of cause of action got extinguished is not maintainable

Practice of fixed term appointment with consecutive renewals is not recognised under Industrial Disputes Act 1947

August 19, 2022 1578 Views 0 comment Print

SC held that practice of engaging workman by separate but consecutive appointment orders of short duration with a view to opposing workman’s claim is not recognised by clause (bb) of Section 2(oo) of Industrial Disputes Act 1947

GST: Bail granted as trial likely to take its own time to conclude

August 5, 2022 1725 Views 0 comment Print

Held that the present application is allowed and bail is granted after taking into consideration the maximum punishment and provisions of compounding the offences and also that trial will take its own time to conclude

Court Can Extend Mandate of Arbitrator in Dispute Referred to Arbitration under MSME Act

August 5, 2022 3813 Views 0 comment Print

Magirsha Industries Vs Gujarat State Fertilizer And Chemicals Limited (Gujarat High Court) Issue relating to power of this Court to extend the mandate, insofar as the references made by MSME is seriously disputed by respondent counsel. Having regard to the fact that sub-section (3) of section 18 of MSME Act, 2006 that the provision of […]

Gravity of Offence Cannot Overweigh Legal Proof

August 5, 2022 1521 Views 0 comment Print

State of Gujarat Vs Hasmukhbhai @ Harshadbhai Dahyabhai Makwana (Gujarat High Court) Present complaint is filed merely on suspicion and doubt. Suspicion, however strong, cannot take the place of proof, the Hon’ble Supreme Court has said, stressing that an accused is presumed to be innocent unless proved guilty beyond a reasonable doubt. No doubt the alleged offence […]

Yes bank being a private bank is not amenable to writ jurisdiction

August 4, 2022 6654 Views 0 comment Print

Held that the respondent i.e. Yes bank being a private Bank is not amenable to the writ jurisdiction of this Court.

A Party can withdraw its consent to Arbitration any time before court takes up the matter & refers parties

August 3, 2022 3468 Views 0 comment Print

Krishna Calibration Services Vs Jasmin Bharat Patel (Gujarat High Court) It is clear that the application purported to be under Section 89(2)(a) of ‘the Code’ came to be filed on 20.03.2014 jointly requesting the Court that there is element of settlement, which is acceptable to the parties, it may be sent to the Arbitrator selected […]

Section 34 Arbitration proceeding before Two Fora not maintainable: HC

August 3, 2022 741 Views 0 comment Print

Sanganer Enviro Project Development Vs State of Gujarat (Gujarat High Court) Learned advocate Mr. Sheth, appearing for respondent No.3 has submitted that in fact, the prayers made in the writ petition would not survive, since after the impugned order dated 26.11.2020, an arbitral award has been passed in the arbitration proceedings being Arbitration Award No.11 […]

HC slams Income Tax Dept for acting Thick-Skinned during Pandemic

August 1, 2022 549 Views 0 comment Print

Department should have adopted liberal approach in refusing request for time for filing objection to draft assessment order and finally passing assessment order. The department acted thick skinned.

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