Rajasthan High Court Admits Appeal On Issue Of Reversal Of Credit On Input Lying In Stock When Final Product Is Exemplified

The Rajasthan High Court, Jodhpur, comprising Chief Justice Manindra Mohan Shrivastava and Justice Munnuri Laxman, admitted the appeal filed by the Commissioner, Central Excise and Service Tax, on the issue of reversal of credit on input lying in stock when the final product is exemplified.The respondent or assessee is in the business of manufacturing cotton fabrics and manmade fabrics...

Rajasthan High Court Stays Single-Judge's Order Mandating Segregation Of 'Chaotic' Common Cause List

In a recent development following a single judge bench admonishing the registry for creating a 145-page long 'common cause list', a Division Bench has placed an interim stay on the erstwhile direction to segregate the List as Cause List (I) and Cause List (II). According to the observations made by the single judge bench, these lists were to contain specific notes in the respective cause...

For Establishing Offence Of Filing Delayed ITR, “Mens Rea” Is A Necessary Ingredient: Rajasthan High Court

The Rajasthan High Court has held that for holding an assessee guilty of the offence of filing delayed income tax returns, “mens rea“ is a necessary ingredient.The bench of Justice Anoop Kumar Dhand has observed that in the absence of mens rea, an accused cannot be held guilty, and his conviction under Section 276 CC of the Income Tax Act cannot be sustained.The Income Tax Officer,...

'Weakens Democratic Set-Up & Affects Public At Large': Rajasthan High Court Quashes Suspension Order Of Sarpanch Passed On Flimsy Grounds

Observing that suspension of elected representatives on flimsy grounds or for settling political scores weakens the democratic setup and adversely affects the public at large, Rajasthan High Court has quashed the suspension order against the Sarpanch of Baori Kalla Gram Panchayath.“…Placing under suspension of democratically elected persons on account of political vendetta weakens the...

Rajasthan HC Waives Contractual Fees Payable To Panchayat During COVID-19, Says Pandemic Was Beyond Human Control Even Though Not Expressly Mentioned In Contract

Rajasthan High Court has recently allowed a waiver of the recovery to the tune of approximately Rs. 19 lakhs from the highest bidders of a Panchyath contract for faltering in their obligations. This dereliction of the contractual terms occurred during the period of March 2020 to June 2021, when all industrial operations were stopped due to the pandemic.The single-judge bench of Justice...

Cheques Encashed Pursuant To 'Full And Final Settlement' Without Any Protest, Rajasthan High Court Refuses Arbitration

The High Court of Rajasthan, Jaipur Bench, has held that an application seeking the appointment of an arbitrator would not be allowed if the parties had already entered into a full and final settlement, and the applicant had encashed the settlement amount without protest or objection. The Court held that in such cases, the dispute would be considered non-arbitrable. Chief Justice...

Multiple Dying Declarations Of Victim Not Consistent, Contrary To Each Other: Rajasthan HC Acquits Accused In 35 Yr-Old Rape Case

Recently, the Rajasthan High Court acquitted all the accused in a rape case from 1989 on the ground that the multiple dying declarations given by the victim were not consistent with each other. Conviction on the basis of such dying declarations that are contrary in material particulars can prove to be unsafe, the court iterated by relying on Bhadragiri Venkata Ravi v. Public Prosecutor High...

'Ensure His Privacy Isn't Hampered': Rajasthan HC Extends Rape Convict Asaram Bapu's Ayurvedic Treatment Duration

The Rajasthan High Court on Tuesday extended the duration of the Ayurvedic treatment for self-styled godman and rape convict Asaram Bapu. The court has directed the police authorities to ensure that his privacy isn't hampered and that he is exposed to proper sunlight to cope with vitamin D deficiency.A bench of Justice Dinesh Mehta and Justice Vinit Kumar Mathur passed this order on an...

Sessions Court Can Take Cognizance Against Accused Not Yet Chargesheeted Without Waiting Till Stage Of S.319 CrPC: Rajasthan HC

Rajasthan High Court has underscored that a Sessions Court can take cognizance against the accused not yet charge-sheeted by the police without waiting for the stage prescribed under Section 319 Cr.P.C.After an elaborate discussion of the relevant case laws, the single-judge bench of Justice Anoop Kumar Dhand came to the conclusion that the Additional Sessions Court, as a court of...

Rajasthan HC Directs State To Not Summarily Dispense With Services Of Asst Professors Of Previously Self-Financed Colleges, Asks Govt To Pay Their Salary Arrears

The Rajasthan High Court has recently granted interim relief to a group of Assistant Professors who were seeking absorption into state services from colleges that were previously self-financed, by directing the state not to dispense with their services summarily.The single-judge bench of Justice Arun Monga has also instructed the respondent state authorities to pay arrears of salary to...

Deliberate Defiance To Hide Truth: Rajasthan HC Raps State In NDPS Matter For Non-Production Of Crime Scene's CCTV Footage, Other Best Evidence

Rajasthan High Court has recently censured the state instrumentalities for withholding the best evidence despite the trial court order, which the court opined was equivalent to contempt of court.The single-judge bench of Justice Farjand Ali was pronouncing orders in three bail applications arising from an NDPS case. “…what was the fear for the prosecution agency to conceal the...

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers

Expressing concern about a situation where the identity of a rape victim was disclosed during investigation and trial, Rajasthan High Court has proposed an exercise of sensitization for the police officers and judicial officers to ensure that such instances do not repeat.The single judge bench of Justice Anoop Kumar Dhand noted in the order that the mandatory requirement of Sections 24(5),...