Rajasthan High Court
Internship Isn't Employment: Rajasthan HC Rejects Plea For Bonus Marks For Internship During Covid-19 To Seek Appointment As Nursing Officer
The Rajasthan High Court rejected a plea moved by various students pursuing diploma in General Nursing and Midwifery course, who had interned during Covid-19 pandemic period, and had thus sought bonus marks as provided to Covid Health Assistant (CHA) for appointment to the post of Nursing Officer.Justice Arun Monga opined that internship being an integral part of the academic curriculum,...
Officers-In-Charge Handling Department Cases Casually: Rajasthan HC Suggests Improvement Measures, Warns Of Imposing Cost On Erring Officials
The Rajasthan High Court expressed its "pain" over “condemnable negligence and lethargic attitude” of Officers-in-Charge of various departments in not providing the original case file to their respective government counsels observing that it "hampers the process of providing justice to the litigants”. In doing so the high court issued important measures for speeding up cases noting that...
Income Tax Act | Rajasthan HC Dismisses Challenge Against Proceedings Initiated U/S 153C Based On WhatsApp Chats, Says Chats Had Been Corroborated
Rajasthan High Court denied interference with initiation of proceedings under Section 153C of the Income Tax Act, 1961 (“the Act”) that were alleged to be initiated merely based on certain WhatsApp Chats, observing that the information in the chats were completely corroborated by specific transactions and hence, the said chat could be considered to be falling under the definition of...
No Finding That Drop In Marks Was Due To Him: Rajasthan HC Quashes Censure Against Chemistry Teacher For School's Poor 12th Board Result
The Rajasthan High Court set aside the penalty of censure imposed on a school teacher in relation to a charge that the12th Board Exam result in Chemistry of the concerned school remained below the standard fixed by the Department of Education.Justice Anoop Kumar Dhand observed that "there was no allegation that the result of the concerned school dropped due to commission or omission on part...
Drugs & Cosmetics Act | Failed Dissolution Test When Active Content Is Within Limit Is Minor Defect, Does Not Warrant Prosecution: Rajasthan HC
Finding various procedural lapses, the Rajasthan High Court quashed a 2017 complaint under the Drugs and Cosmetics Act highlighting that the case was filed when a drug sample had purportedly failed the dissolution test even though the same had an active ingredient which was within the standard limits. In doing so the court observed that as per the prescribed guidelines and Supreme...
Rajasthan HC Quashes Prosecution Sanction Against E-Commerce Company For Delay In Depositing TDS Due To Late Submission Of Bills By Amazon, E-Bay
Rajasthan High Court set aside prosecution under Income Tax Act, 1961 (“the Act”), against the petitioner-company whose business activity related to e-commerce transactions, and owing to delay on part of the companies like Amazon, Naaptol, Ebay, etc. in submitting the bills, the petitioner got delayed by almost 10 months in submitting the deducted TDS.The division bench of Justice...
Closure Of Hostel Mess During Covid-19 Didn't Scrap Post: Rajasthan HC Orders Private School To Reinstate Workers Terminated Without Process
The Rajasthan High Court directed reinstatement of hostel-mess workers of Bharatiya Vidya Bhawan Vidyashram school–run by the Bharatiya Vidya Bhawan educational trust–who were terminated without following the prescribed procedure, ruling that a decision to close the hostel mess did not amount to abolition of the post. In doing so the court underscored that procedure as per Section 18 of...
S.273 CrPC | Rajasthan HC Allows Six Booked In 259 Cases To Attend Trial Via VC, Says It Expects State To Amend Law On Appearance Of Accused
The Rajasthan High Court has permitted six men, having multiple FIRs registered against them for alleged financial crimes, to attend pending criminal trials through video conferencing noting that it may not be feasible for the accused to be physically present at multiple locations simultaneously. In doing so the court observed that as per Section 273 CrPC there is no legal impediment if...
Rajasthan HC Orders Regularization Of Govt Employee Withdrawn Citing Educational Criteria Despite Favourable Court Orders, Fines ₹2 Lakh
The Rajasthan High Court has quashed an order withdrawing regularization of a government employee due to non-fufilment of educational qualification, after noting that the order was not only against the categorical directions of the court's division bench which was upheld by Supreme Court but also violated judicial precedents.In doing so the court found that the issue of the...
Executing Court Erred In Seeking Transfer Certificate To Execute Award When It Had Jurisidiction To Entertain Application: Rajasthan HC Sets Aside Order
The Rajasthan High Court bench of Justice Narendra Singh Dhaddha has held that the Executing Court had committed an error in directing to furnish the transfer certificate for executing an award when it already had jurisdiction to hear the application.Court said that when the property was situated in Jaipur, the executing court had jurisdiction to entertain the execution application. So,...
Jurisdictional Assessing Officer Lacks Jurisdiction To Issue Reassessment Notices U/S 148 Of Income Tax Act: Rajasthan High Court
The Rajasthan High Court stated that the Jurisdictional Assessing Officer (JAO) lacks jurisdiction to issue income tax reassessment notices under section 148 of the Income Tax Act, 1961. The Bench of Justice Pushpendra Singh Bhati and Munnuri Laxman observed that “the JAO shall not have the jurisdiction to issue notices under Section 148 of the Act of 1961, as it would not only...
IPR Violation Affects Public Interest, Courts Should Be Prompt In Granting Interim Injunction: Rajasthan High Court
Rajasthan High Court has held that in matters of blatant violation of intellectual property rights, a prompt injunction order has to be granted to protect not only the interest of the aggrieved but also of the public at large.The bench of Justice Anoop Kumar Dhand thus allowed the temporary injunction application filed by the firm Rajani Products over alleged infringement of its...