Rajasthan High Court
Rajasthan High Court Censures State For Not Acting Against Encroachers, Encourages Deployment Of Scientific Tools To Protect Forest Blocks
Citing the example of sustainable development in Bhutan as an apt model, Rajasthan High Court has directed the State to rely on scientific tools and methods to prevent forest encroachment and preserve natural resources.“…this Court directs the respondents to evolve and adopt the scientific temper for dealing with the problems, which are arising continuously all over the State, akin to the current problem, whereby the natural resources in the shape of forests, reserve lands, hills, reservoirs and...
PIL To Cancel Mining Lease In Khetri Rejected By Rajasthan High Court Citing Distortion Of Facts, Imposes Rs 5 Lakhs Cost On Litigants
Rajasthan High Court has imposed Rs 5 lakhs cost on villagers who filed a frivolous petition to cancel the mining lease granted to an entity in Jhunjhunu's Khetri district.The Division Bench of Justices Bhuwan Goyal and Pankaj Bhandari said the court-appointed Commissioner's report suggests that no mining activities have taken place in the disputed land for the last two years, contrary to...
Rajasthan HC Asks Family Courts To Avoid Unnecessary Adjournments, Observe S.21B Hindu Marriage Act Which Encourages Day-To-Day Trial
The Rajasthan High Court has asked the family courts to sparingly grant adjournments during the pendency of divorce petitions, to realise the objective behind Section 21B of the Hindu Marriage Act, 1955.The single-judge bench of Justice Anoop Kumar Dhand noted that disposal of divorce matters shouldn't be delayed unnecessarily and the proceedings should be concluded as expeditiously...
[Prevention Of Corruption Cases] Special Court Can Issue Suo Moto Directions For Further Investigation: Rajasthan High Court
Rajasthan High Court has recently held that the Special Court (Prevention of Corruption Cases) at Alwar was empowered to issue suo moto directions for further investigation while dismissing an application preferred by the Anti-Corruption Bureau under Section 169 Cr. P.C. on the ground of refusal of prosecution sanction.The special court had specifically directed ACB to inquire about the role...
Generation Of Surplus From Year To Year Cannot Be Bar For Trust In Seeking Section 10 (23C) (vi) Exemption: Rajasthan High Court
The Rajasthan High Court has held that the assessee is being run as a trust solely for educational purposes, thus seeking the exemption under Section 10(23C)(vi) of the Income Tax Act of 1961, and the generation of surplus from year to year cannot be a bar in seeking such an exemption under the provision of law.The bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman has...
Rajasthan High Court Denies Bail To ED Officer, His Associate Arrested By State ACB For Allegedly Accepting ₹15 Lakh Bribe
The Rajasthan High Court last week denied bail to an Officer of the Enforcement Directorate (ED) and his associate who were arrested last year in November by the State's Anti-Corruption Bureau (ACB) for allegedly accepting a bribe of Rs 15 lakh for settling a case related to a chit fund.A bench of Justice Anoop Kumar Dhand rejected their bail pleas noting that the economic offences are...
'Travesty Of Justice' If Non-Cultivable Land Is Allotted To A Farmer: Rajasthan High Court Orders Regularisation Of Exchanged Land
Rajasthan High Court recently allowed the exchange of a piece of non-cultivable land wrongly allotted to a farmer with cultivable land which was already in his possession for over 50 years, to avoid the 'travesty of justice' and honour the true intention behind Section 101 of the Rajasthan Land Revenue Act, 1956.While allowing the regularisation of land via exchange as sought by the petitioner agriculturalist, the single-judge bench of Justice Vinit Kumar Mathur quashed the 2021 order of...
Police Service Rules | Candidates Who Met Advertised Fitness Criteria Can't Be Rendered Ineligible By Subsequent Amendment During Selection Process: Rajasthan HC
Recently, by highlighting the principle that the rules of a game can't be changed once it has begun, a division bench of the Rajasthan High Court has upheld a single-judge bench's decision to nullify the ineligibility accrued by a few candidates on account of a subsequent amendment to the applicable rules.The division bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri...
High Courts Can't Entertain Appeals On Determination Of Excise Duty Rate Or Value Of Goods For Assessment: Rajasthan High court
The Rajasthan High Court, Jaipur Bench, has held that an appeal would lie to the High Court if the High Court is satisfied that the case involves a substantial question of law; however, an appeal would not lie if the same pertains to the determination of any question having relation to the rate of duty of excise or to the value of goods for purposes of assessment.The bench of Justice...
Economic Offences Need A Different Approach: Rajasthan High Court Declines Bail Over Inadmissible Input Tax Credit Worth 1032 Crores
Recently, Rajasthan High Court refused to grant bail to a person who is accused of operating nearly 294 fake firms for the purpose of passing inadmissible input tax credit worth Rs. 1,032 crores fraudulently. The court also emphasised that economic offences create a huge loss to the public exchequer, which demands that such 'white collar crimes' be considered as grave offences affecting...
'Mockery Of Justice': Rajasthan High Court Slams State For Failure To Supply Drinking Water To Approved Colonies In Jodhpur After 18 Yrs
Issuing heavy rebuke on the state instrumentalities including the Jodhpur Development Authority and Public Health & Engineering Department, the Rajasthan High Court has termed their prolonged failure to supply drinking water to approved housing colonies despite the passage of 18 years as a 'mockery of justice'.The Division Bench comprising Dr Justice Pushpendra Singh Bhati and Justice...
S.73 Evidence Act | Tribunal Didn't Examine Admitted & Disputed Voters' Signatures Before Setting Aside Election: Rajasthan HC Upholds Gangani Sarpanch Election Results
Noting that Section 73 of the Evidence Act has been disregarded by the election tribunal to examine signatures in the voters register before setting aside the Sarpanch election for Gangani Panchayath, the Rajasthan High Court underscored that the election petitioner failed to prove that the same set of voters had cast votes at two separate places.The single-judge bench of Justice Vinit...