Rajasthan High Court Monthly Digest: February 2025

NOMINAL INDEX [Citations: 2025 LiveLaw (Raj) 44 To 2024 LiveLaw (Raj) 80]Manju Sharma v State of Rajasthan & Ors. 2025 LiveLaw (Raj) 44X v State of Rajasthan 2025 LiveLaw (Raj) 45Nathu Lal v State of Rajasthan & Ors. 2025 LiveLaw (Raj) 46Ram Chander v the State of Rajasthan 2025 LiveLaw (Raj) 47Rakesh Sen v Smt. Ajab Bano 2025 LiveLaw (Raj) 48Au Small Finance Bank Ltd v Atmaram...

Revenue Cannot Re-Assess Time Barred Assessment Under KVAT Act Based On CAG Report: Kerala High Court

The Kerala High Court stated that revenue cannot re-assess time barred assessment under KVAT Act based on CAG report. The Division Bench of Justices A.Y. Jayasankaran Nambiar and Easwaran S. observed that “there cannot be an exercise of power under Section 25A of the KVAT Act beyond the period of limitation prescribed under Section 25(1) of the KVAT Act. In fact the provisions...

Valid Adoption By Christians Made As Per Civil Law Is Recognized Under Canon Law: Kerala High Court

The Kerala High Court has held that there is no prohibition under Canon Law for a valid adoption for Christians. In doing so, the Court referred to the 'Code of Canons of the Eastern Churches', where there is a mention of adopted children. Further Canon 110, which is followed by some sects of Christians, provides that, children, who have been adopted according to the norm of civil law...

Must Be Vigilant At Entry Point Rather Than Indiscriminately Deny Bail: Punjab & Haryana HC On Foreign Nationals Engaging In Illegal Activities

The Punjab & Haryana High Court has said that for foreign nationals engaging in unlawful activities, "a measured legal response necessitates vigilance at the point of entry rather than the indiscriminate denial of bail."The Court suggested that, "The cornerstone of an effective deterrence mechanism lies in rigorous pre-admission scrutiny- comprehensive background verifications before...

Dog Bites: Madhya Pradesh High Court Asks Gwalior Municipal Commissioner To Come Up With Tangible Solution To Curb Stray Dog Menace

While hearing a Public Interest Litigation claiming "menace" of stray dogs and dog biting incidents in Gwalior, the Madhya Pradesh High Court asked the State authorities specifically the city's Municipal Commissioner to come out with a tangible solution by the next date of hearing.Issuing notice on the plea, a division bench of Justice Anand Pathak and Justice Hirdesh observed,...

'Shame To The Profession': Kerala High Court Denies Anticipatory Bail To Lawyer Booked For Minor's Rape

The Kerala High Court has rejected the anticipatory bail application of a lawyer who allegedly committed rape on a minor girl. The Court observed that prima facie case was made out against the lawyer and that his bail application cannot be entertained due to bar under Section 482 (4) of the BNSS.Section 482(4) BNSS bars grant of bail to a person booked under Section 65 and Section 70(2) of...

Punjab & Haryana HC Issues Notice On Habeas Corpus Plea Filed For Detained Farmer Leader Jagjit Singh Dhallewal

The Punjab & Haryana High Court in the late evening issued notice to the Punjab Government on habeas corpus plea filed for farmers' leader Jagjit Singh Dallewal who is allegedly illegally detained from the ongoing farmer's protest While issuing notice to the Punjab Government and Director General of Police, Justice Manisha Batra stated in the order that, "This petition has been received...

Participation In Arbitral Proceedings Does Not Imply Acceptance Of Unilateral Appointment Of Arbitrator Unless Objections Are Waived In Writing: Delhi HC

The Delhi High Court bench of Justice Subramonium Prasad has held that the mandate of the Arbitrator can be terminated under Section 14 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) if the Arbitrator was appointed unilaterally, which is explicitly prohibited under Section 12(5) of the Arbitration Act unless the ineligibility is expressly waived through a...

Are You A Governing Body Without Teeth? Bombay High Court Asks BCCI Over Delay In Decision On Telangana Cricket Association's Membership

“Is the Board of Control for Cricket in India (BCCI) a governing body with no teeth?” asked the Bombay High Court on Friday while it noted the apex cricket body's submission that it cannot make both Hyderabad Cricket Association (HCA) and the Telangana Cricket Association (TCA) sit together and resolve the dispute over the membership of the latter in the BCCI.A division bench of...

Motor Vehicles Act | Claim U/S 163A Will Not Lie Against Anyone Other Than Owner Or Insurer: Kerala High Court

The Kerala High Court has held that liability to pay compensation under Section 163A of the Motor Vehicles Act will not lie against any person other than the owner and the insurer of the vehicle because the claimant need not plead or establish negligence.Section 163A deals with special provisions as to payment of compensation on a structured formula basis.Justice C.Pratheep Kumar relying upon...

Magistrate Not Bound To Notify Informant When Not Proceeding Against 'Non-Chargesheeted' Accused: Allahabad HC

The Allahabad High Court has clarified that a Magistrate is not required to issue a notice to the informant in every case where he is taking cognizance only against the charge-sheeted persons, while leaving out other accused, though named in the FIR, but not charge-sheeted. A bench of Justice Manju Rani Chauhan observed that issuing notice to the informant, allowing him/her to...

Gujarat High Court's Acting Chief Justice Biren Vaishnav Joins Mitti Cafe's Staff To Celebrate World Down Syndrome Day

On Friday, Gujarat High Court's Acting Chief Justice Biren Vaishnav joined the employees and staff of Mitti Café in the court premises to celebrate World Down Syndrome Day.March 21 is celebrated as World Down Syndrome Day. Justice Vaishnav celebrated the day with the specially-abled staff by cutting a cake and distributing chocolates.The Mitti Cafe was inaugurated in the Gujarat High...