#Gujarat High Court Archives - Page 2 of 2

8 Nov

The High Court of Gujarat discarded the matter to grant anticipatory bail to the Accused of Impersonation in the exam – Candidates Burn Their Midnight Oil to Secure Government Jobs

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Blog #Anticipatorybail, #Gujarat High Court

CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 18552 of 2023

Case Title : AJAYRAJ @ VIJENDRASINH KIRODILAL MEENA Versus STATE OF GUJARAT

CORAM: Justice Hasmukh D. Suthar

Appearance

Applicant : Mr. HB CHAMPAVAT

Respondent: MS SHRUTI PATHAK

Introduction

In the current evolution, the High Court of Gujrat situated at Ahemadabad has declined the anticipatory bail to a petitioner accused of forgery and cheating in the competitive government examination for the post of clerk.

The above-mentioned case which dates back to 2014 has lifted questions about the applicant’s asserted involvement in creating forged documents and Impersonation.

Facts of the case

The Investigation papers reflect that the offence was committed in the year 2014 and the FIR and charge sheet were filed in the year 2016 however, the applicant is absconding to date i.e. since last more than 7 years.

the applicant is facing a serious charge of the offense of forgery according to which the applicant created forged documents and appeared in a competitive examination for the post of Clerk by adopting illegal means on behalf of some other person. So far the competitive examination is concerned, with misconduct, misbehavior, malpractices, and cheating.

The advocate for the applicant submitted that the present applicant is falsely enrolled in the offense and has nothing to do with the offense. Further, the applicant has not played any active role insofar as an offense of forgery in the FIR. The alleged offence took place in the year 2014 whereas the FIR was filed in the year 2016 based on a private FSL report. Further, the applicant is shown as an absconder in the charge sheet but the police have never visited the place of the present applicant. Further, the applicant is ready and willing to cooperate and join the investigation.

It is observed that as the accused remained absconder for 7 years, this is not a fit case to exercise the jurisdiction in favor of the applicant. – Justice Hasmukh D. Suthar

Analysis by the court

Seriousness of the Offense: The court highlighted the seriousness of the charges, especially in the context of malpractices in competitive examinations. Quoting a previous Supreme Court decision, it emphasized the need to curb malpractices and maintain high educational standards.

The court considers the seriousness of the charge prima facie involvement of the accused and the possibility of tempering with pieces of evidence, The court finds that it will not be proper to use discretion in favor of the applicant accordingly.

the application for anticipatory bail is dismissed.

The rule is hereby discharged.

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Written By

Kaulav Roychowdhury

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7 Nov

The Gujarat High Court to decide on matter relating to whether the fantasy gaming fall within actionable claim amounting to betting and gambling or based on skills

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Blog #gst judgement, #Gujarat High Court, #legalnews, #legalupdates

Title: NXGN Sports Interactive Private Limited v. Union of India

Date: 03 November, 2023

+ R/ Special Civil Application No. 19183 of 2023

CORAM: Hon’ble Justice Biren Vaishnav and Justice Mauna M. Bhatt

Introduction

The Gujarat High Court will make a decision regarding the question of whether fantasy gaming is based on abilities or constitutes an actionable claim akin to betting and gambling.

Facts of the Case

The petitioner contested the GST department’s show-cause notice. The petitioner brought up the question of whether their gaming platform would be subject to an actionable claim that amounted to gambling and betting. Activities or transactions shall be classified as neither a supply of goods nor a supply of services, in accordance with Section 2(52) of the GST Act read with Section 7, specifically Schedule (III). Actionable claims that don’t include gaming, betting, or lotteries.

Courts analysis and decision

The court issued a notice returnable on 17^th January, 2024.

Ad-interim relief will be granted until the petition, preventing the respondents from acting further in relation to the show cause notice’s resolution. The petitioner may, nevertheless, choose to submit a response to the show cause notice.

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Written by- Hargunn Kaur Makhija

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4 Nov

Postponement takes upshot from the date of such order in flow, non-full filled to review it in 90 days: Gauhati High Court

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Blog #Gujarat High Court

Case No. : WP(C)/1074/2023

Case Title: Sri Vinay Kumar Singh v. The Union of India & 5 Ors.

Introduction

The High Court in command a short time ago laid aside the suspension of an engineer posted with the National Highways and Infrastructure Development Corporation Ltd. (NHIDCL). Accordingly, the flow of the said suspension order was not enclosed by the period of 90 days, as needed under the law.

The single judge bench of Justice Sanjay Kumar Medhi observed that there is no dispute that no disciplinary proceeding was initiated by the issuance of any show cause notice before the expiry of the period of 90 days from the date of the suspension order.

Facts of the Case

the petitioner has submitted that there is no manner of doubt that the order of suspension is dated. Though the same was received by the petitioner. the date for the mandatory review within 90 days has to be reckoned.

It is submitted that the suspension takes effect from the date of the order itself and not from the date of receipt of such order. The review was done beyond the period of 90 days. It is submitted that the period of 90 days has expired before which date, no exercise of review was conducted.

petitioner places reliance on the following case laws:

State of Punjab Vs. Khemi Ram, (1969) 3 SCC 28;

Ajay Kumar Choudhary Vs. Union of India, (2015) 7 SCC 291;

Union of India and Other Vs. Dipak Mali, (2010) 2 SCC 222;

The respondents contended that though the date of the order of suspension was November 01, 2022, it was communicated only on November 07, 2022. It was submitted by the respondents that if the aforesaid date is reckoned, the review done on February 03, 2023, would be within time and therefore, there would be no violation of the law laid down.

Finding of the Court

The court has pointed out that the court has no other alternative but to hold that the impugned order of review is unsustainable in law and therefore, would not have the effect of continuation of the suspension order Consequently, the suspension order dated 01.11.2022 stands set aside and quashed.

Considering the submission of the respondents that the allegations against the petitioner are serious while setting aside the order of suspension, it is provided that the respondents would be at liberty to post the petitioner in any non-sensitive post.

Written by

Kaulav Roy Chowdhury

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17 Oct

The writ of Habeas Corpus can’t be used against a vague allegations of practicing black magic: Gujarat High Court

Prime Legal

Blog #black magic, #Gujarat High Court, #Mental Disorder, #property dispute

Title: Padmaben Rajendrabhai Vyas V State Of Gujarat

R/SCR.A/11832/2023

Decided on: 09/10/2023

Coram: Hon’ble Mr. Justice A.S. Supehia and Hon’ble Ms. Justice Gita Gopi

Introduction:

The present writ petition is regarding the writ of Habeas Corpus filed by the petitioner to request the court to grant the notice to the respondents to vacate the property in Manjalpur. The said petition also appeals the court to subject the respondents to a medical checkup to confirm any mental disorder.

Facts:

The dispute is regarding the claim on the property, in which they are residing i.e. 303, Rangotsav Apartment, Near Darbar Chokdi, Manjalpur, Vadodara, and the petitioners are attempting to see that the said property gets vacated because of redevelopment. Dhrasti Bhatt the respondent stated that the property was bought by her mother and they have been maintaining themselves as petitioner that is Shriram Bhatt left them in 2018. The petitioner alleged that the respondent has been using black magic on them. A writ of Habeas Corpus is filed for subjecting respondents to medical tests to ascertain their mental stability as they are doing black magic on them.

Court’s Analysis and Judgement:

The bench opinioned that the court can’t forcefully subject one to a medical test in order to ascertain their mental stability. And the writ of Habeas Corpus can’t be used on such a vague allegation that they are practicing black magic. The bench added that they personally interacted with the respondents and found no mental disorder.

Practicing of black magic can be a personal choice according to the bench, and on being ascertained that the respondents would not like to accompany the petitioners and they would like to reside at the place, where they are presently residing at the given address, we cannot compel them to reside with or accompany the petitioners against their wishes.

Written By: Sushant Kumar Sharma

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