Rajasthan High Court Quashes Challenge Against State Amendment Imposing New Motor Vehicle Tax On “Sleeper Bus”

The Rajasthan High Court rejected the challenge made to an amendment brought in by the Transport Department by which a new category of “sleeper bus” was added for levying motor vehicle tax, taking it out from the previous category without qualifying it for the exemptions available under other categories.The division bench of Justice Vinit Kumar Mathur and Justice Anuroop Singhi held that...

Institutional Preference During Admissions Applicable On All Students, Can't Apply Distinction Based On Passing Year: Rajasthan High Court

While disagreeing with the judgment of a single judge the Rajasthan High Court held that the institutional preferences applied by institutes at the stage of admissions had to be applied to all the students who passed out from that institution, and there could not be any artificial distinction amongst those students based on year of passing.The Court was hearing a petition that challenged a...

O.21 R.32(5) CPC | Executing Court Can Restore Possession Of Property If Judgment-Debtor Violates Injunction Decree: Rajasthan High Court

The Rajasthan High Court held that where a decree of prohibitory injunction is rendered nugatory by judgment-debtor's willful and unlawful act of dispossessing the decree holder from the disputed property, the executing court had the power to direct restoration of possession under Order 21 Rule 32(5) CPC. Rejecting the argument that executing court's jurisdiction was confined to enforcing...

Employee Kept In Custody For Criminal Charges & Ultimately Acquitted Can't Be Denied Wages For Detention Period: Rajasthan HC

The Rajasthan High Court held that denying salary to an employee for the period when they were detained in custody on criminal charges–not relating to misconduct in discharge of official duties–and were subsequently acquitted, was inequitable. Justice Anand Sharma in his order said: "The broad and salutary principle is that where an employee is detained in custody on criminal charges...

Order 41 Rule 27 CPC | Additional Evidence Plea Filed During Pendency Of Appeal To Be Heard During Final Hearing: Rajasthan High Court

In the background of conflicting orders of Supreme Court, Rajasthan High Court held that an application under Order 41 Rule 27 CPC for taking additional evidence on record at an appellate stage, even if filed during the pendency of appeal had to be heard at the time of final hearing of appeal.Justice Anoop Kumar Dhand was hearing a petition filed against an order of Appellate Rent Tribunal ...

Govt Cannot Indefinitely Postpone Panchayat Elections, Contrary To Article 243-E Of Constitution: Rajasthan High Court

The Rajasthan High Court held that removing formal Sarpanch(s) who were allowed to hold the post of Administrators till next elections even after expiry of more than 6 months of dissolution of their respective panchayats, without following the procedure established by law for holding fresh Panchayat elections, was a glaring example of violation of a constitutional mandate.The bench of...

Person Seeking Scholarship For Further Education Can't Be Expected To Resign From Job Prior To Selection: Rajasthan High Court

The Rajasthan High Court granted relied to a student whose scholarship application under state government's Swami Vivekananda Scholarship for Academic Excellence Scheme to study abroad, was rejected on the ground that he failed to submit his resignation letter from his workplace 1-month prior to commencement of his course.In doing so the court said that the petitioner cannot be expected to...

Once Village Is Declared 'Urban Area' In Master Plan, State Can Permit Land Conversion For Development Of Such Area: Rajasthan High Court

The Rajasthan High Court rejected a plea challenging inclusion of village Asota in the Sujangarh Master Plan 2036 on the ground that it was done despite objections by the Gram Panchayat and was detrimental to the panchayat's autonomy.Justice Kuldeep Mathur held that consultation with the respective Gram Panchayat that was done prior to such inclusion was sufficient and the consent was not...

'No Sympathy For Encroachers': Rajasthan High Court Directs State Authorities To Remove Illegal Constructions, Warns Police Of Action

The Rajasthan High Court has made it clear that there can be no sympathy for encroachers, directing the the Additional Chief Secretary of the Urban Development and Housing Department to issue directions to the Municipal Corporation and Municipal Councils of various cities & towns to take appropriate steps for removing illegal encroachments made on the roads in the city/town-ship as well as...

Rajasthan High Court Condones 700-Day Delay By Trust In Filing Audit Report, Cites 'Charitable Activities' & Lack Of Malafide Intention

Rajasthan High Court set aside an order that rejected a public charitable trust's application for condonation of 700-day delay in filing its audit report under form 10-B of the Income Tax Act, observing that looking at the charitable activities itself the delay should have been condoned.The division bench of Justice K.R. Shriram and Justice Sandeep Taneja while condoning the delay, held that...

Excessive Delay In Deciding Trademark Registration Harmful: Rajasthan High Court Orders Registrar To Decide All Pending Pleas Expeditiously

The Rajasthan High Court directed the Registrar of Trademarks to decide all pending Trademark registration applications expeditiously, observing that it was expected of the authority to come up with a "strategy" to address the issue of "backlogs".The court passed the order while hearing a petition seeking expeditious decision on a 15-year-old trademark registration application of the...

Rajasthan High Court Permits Woman To Appear In Exam For Widow Candidates, Despite Objection By Deceased's Subsequent Wife

The Rajasthan High Court granted relief to a woman claiming to be the widow of a man, to complete her Diploma Course in Elementary Education under ST (Widow) Category, despite challenge to her status of “widow” by the subsequent wife of the deceased.Justice Anoop Kumar Dhand held that the status of the petitioner as “widow” or “divorced wife” of the deceased could not be...