Rajasthan High Court
Rajasthan High Court Allows State To Withdraw Prosecution Against Protesting MLAs, Says They Were Only Espousing Public Cause
Rajasthan High Court has allowed the State government to withdraw criminal prosecution against four members of the Rajasthan Legislative Assembly and one Ex-MLA, pending before the Ramganj Mandi judicial magistrate for unlawful assembly.The single-judge bench of Justice Anil Kumar Upman observed that the accused politicians were merely raising the reasonable demands of the public at large...
Dept.'s Action Denying Immunity Benefit Merely Because Section 270A Penalty Was Initiated Is Erroneous: Rajasthan High Court
The Rajasthan High Court has held that the department's action of denying the benefit of immunity on the ground that the penalty was initiated under Section 270A of the Income Tax Act for misreporting of income is not only erroneous but also arbitrary and bereft of any reason, as in the penalty notice, the respondents have failed to specify the limb, "under-reporting" or "misreporting" of...
Once Deduction Claim Of Education Cess Is Withdrawn, Assessee Immuned From Imposition Of Section 270A Penalty: Rajasthan High Court
The Rajasthan High Court has held that once the deduction claim for education cess is withdrawn, the assessee is immune from the imposition of a penalty under Section 270A of the Income Tax Act.The bench of Justice Vijay Bishnoi and Justice Munnuri Laxman has observed that neither in the assessment order nor in the subsequent show-cause notices, the Assessing Officer specify that the case of...
Minor Rape Victims Entitled To Compensation For Incidents Prior To Introduction Of S.357A CrPC If Claim Petition Filed Before 2009: Rajasthan HC
Rajasthan High Court has clarified recently that minor rape victims can avail the benefit of the amended provision in Section 357A of CrPC, even if the alleged incident occurred before the amendment in 2009. While partly allowing the writ petition filed by the father of the victim girl who was subjected to rape at the age of two years, the court ordered that the State must compensate the...
Writ Petition Against Charge-Sheet Not Maintainable Unless Issued By Authority Not Competent To Initiate Disciplinary Action: Rajasthan HC
The Rajasthan High Court has dismissed a writ petition filed by a driver of a public transport seeking quashing of a charge-sheet which was served upon him by Rajasthan State Road Transport Corporation with the allegation that certain passengers were found traveling without ticket on the ground that writ petition generally does not lie against the charge-sheet unless it is established that...
'Typical Illustration Of Miscarriage Of Justice'; Rajasthan HC Shocked Over A 1981 Suit Still Stuck At Defence Evidence Stage
While giving directions to expedite the trial in a suit pending for over 40 years, Rajasthan High Court has recently come down heavily on the long pendency of revenue suits in the state. While disposing of the matter, the court mandated the concerned Sub Divisional Officer to decide the suit within 6 months, without granting any more unnecessary adjournments.Consequently, High Court also...
Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC
Rajasthan High Court has recently allowed a third bail application under S.439 CrPC filed by a person accused of providing confidential military information to Pakistan, after elaborately discussing the application of Sections 437(6) and Section 436A CrPC.While allowing the bail application, the single-judge bench of Justice Anil Kumar Upman noted that Section 437(6) is mandatory and very...
Rajasthan HC Cautions Employers Against Summarily Taking Away Employee's Livelihood On Stigmatic Grounds, Upholds Bank Manager's Reinstatement
Holding that an employer must be cautious before summarily taking away the right to livelihood of an employee on 'stigmatic grounds', the Rajasthan High Court has quashed an order passed by Kotak Mahindra Bank against a Senior Branch Manager accused of fraudulent activities.The single-judge bench of Justice Arun Monga directed the Bank to comply with the impugned order of the Labour...
Rajasthan Land Revenue Rules 1963 | District Collector's Order Is Appealable Before Revenue Appellate Authority: High Court
The Rajasthan High Court has iterated that no party can be left remediless merely because there is no provision for appeal provided in a statute. The Court observed thus in the context of Rajasthan Land Revenue (Permanent Allotment of Evacuee Agriculture Lands) Rules, 1963, wherein it noted that regardless of the presence or absence of such lacunae in the Act, the petitioner can prefer an...
Non-Compliance Of Order 41 Rule 31 CPC By Appellate Court Renders A Judgment Bad In Law: Rajasthan High Court
Recently, while affirming the decision of the second appellate authority to remand the matter back to the first appellate authority for deciding the matter afresh, the Rajasthan High Court has underscored that the Appellate Court is supposed to pass a reasoned judgment as per Order 41 Rule 31 CPC.For context, Order 41 Rule 31 CPC mandates that a judgment of the appellate court should state...
Marriage Registration Can't Be Denied Because One Is A Foreign National, Right To Equality Applies To Non-Citizens Too: Rajasthan High Court
Rajasthan High Court has recently underscored that the denial of registration of a marriage under the Hindu Marriage Act solely on the ground that one or both of them are foreign nationals is not justified. Such an act of the respondent registrar of marriages amounts to a violation of the right to equality afforded to 'citizens' and 'non-citizens' alike as enunciated in various apex...
Procuring Entity Cannot Be The First Appellate Authority In A Tender Process, Reasonable Apprehension Of Bias: Rajasthan High Court
Rajasthan High Court has iterated that the procuring entity and the First Appellate Authority cannot be the same in tenders for the Municipal Corporation. The single-judge bench of Justice Anoop Kumar Dhand was shocked that the Deputy Commissioner (Development) of Ajmer Municipal Corporation was both the procuring entity as well as the First Appellate Authority in tenders invited for...