Can't Condone Lethargic Attitude Of Petitioner Who 'Slept Over' His Rights: Rajasthan HC Declines Plea To Get Land 52 Yrs After Auction

Deprecating the practice of seeking relief through writ petitions after the lapse of several years without satisfactory explanation, the Rajasthan High Court has dismissed a plea regarding the deposit of the balance amount for an auction that occurred 52 years ago.The single-judge bench of Justice Anoop Kumar Dhand iterated that courts have usually discouraged entertaining writ petitions...

Can Candidates Change Category Amid Ongoing Recruitment Process If Visited By Widowhood Or Handicap: Rajasthan HC Refers Question To Larger Bench

The Rajasthan High Court has referred to a larger bench the question regarding legal viability of a candidate changing her category to a special category in the middle of a recruitment process, upon being visited by a misfortune caused by the 'act of god' post the submission of the application form.A Division Bench of Dr Justice Pushpendra Singh Bhati and Justice Madan Gopal Vyas noted...

Have No Superintendence Over NCDRC Which Is Situated In Delhi: Rajasthan High Court

Recently, a division bench of the Rajasthan High Court, citing lack of jurisdiction, has set aside the decision rendered by its single-judge bench quashing the orders of National Consumer Disputes Redressal Commission (NCDRC).Previously, Jaipur Development Authority had preferred an appeal against the State Consumer Dispute Redressal Commission's (Jaipur) award before NCDRC. This appeal...

Seeds & Leaves Without Flowering Tops Not 'Ganja' As Per NDPS Act, Rajasthan HC Grants Bail To Accused Claiming To Be Bhang Contractor

While granting bail to an accused claiming to be a 'Bhang' contractor, Rajasthan High Court iterated that the definition clause of NDPS Act contemplates only the 'flowering or fruiting tops of cannabis plants' within the definition of 'Ganja'.The single-judge bench of Justice Praveer Bhatnagar allowed the bail application under Section 439 CrPC. Leaves of the cannabis plant weighing 28.600...

Victim Will Be Reminded Of The Incident She Is Trying Hard To Forget, Rajasthan HC Holds POCSO Convict Can't Serve Parole In Victim's Village

While directing a POCSO convict not to enter the village where the victim resides for the duration of parole granted, Rajasthan High Court opined that the absence of such a safeguard will adversely affect the mental well-being of the survivor/victim.The Division Bench comprising Justices Dinesh Mehta and Rajendra Prakash Soni observed that if the victim were to face the convict during...

Time Of Accrual For Taxing Income Gets Postponed Till Adjudication Of Dispute By Civil Court: Rajasthan High Court Stays Demand Order

The Rajasthan High Court has stayed the penalty order and consequential demand notices passed under Section 270-A and Section 156 of the Income Tax Act, respectively.The bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman, while issuing the notices to the National Faceless Assessment Centre (NFAC), has observed that the time of accrual for taxing income gets postponed till...

Rajasthan High Court Orders Reinstatement Of Ayurvedic Doctors Before It Who Retired At 60 Yrs Age But Are Yet To Turn 62 Yrs

While adjudicating a batch of writ petitions filed by Ayurvedic doctors, Rajasthan High Court has held that those doctors before it who have been superannuated on account of turning 60 years of age must be reinstated if they haven't attained 62 years of age by now.The Division Bench comprising Chief Justice Manindra Mohan Shrivastava and Justice Bhuwan Goyal also noted that one of the...

Caught 'Red-Handed' Accepting Bribe, Dishonest Official Deserves No Sympathy: Rajasthan High Court Upholds Suspension Order Of Sarpanch

While upholding the suspension order of a Sarpanch allegedly caught accepting a bribe, Rajasthan High Court has remarked that a dishonest official deserves no sympathy or leniency.The single-judge bench of Justice Vinit Kumar Mathur noted that the facts disclosed in the F.I.R. registered by the Anti-Corruption Bureau under Section 7 of the Prevention of Corruption Act were unambiguous. No...

Law Doesn't Bar Benefit Of Probation To Convict Above 21 Yrs Age: Rajasthan HC Releases 'Attempt To Murder' Convicts On Probation In 33 Yrs Old Case

Rajasthan High Court has recently ordered the release of two persons on probation, previously convicted by the trial court for attempt to murder, after observing that emphasis must be placed on reformation and rehabilitation of offenders.The single-judge bench of Justice Ganesh Ram Meena added that there is no bar under law to extend the benefit of probation to a convict aged above 21 years....

No Inquiry Or Recovery Proceedings Can Be Initiated Against Legal Representatives Of Deceased Person: Rajasthan High Court

The Rajasthan High Court has reiterated that no recovery proceedings can be initiated against the legal representatives of a deceased person, after death, since all connections to worldly affairs are broken upon the death of a person.The single-judge bench of Justice Anoop Kumar Dhand clarified that inquiry against the deceased would abate upon such death, and no other person can be...

No Provision For Review Under Rajasthan Colonisation Act But Supplemental Provisions In Other Statutes May Be Invoked To Exercise Power: High Court

Recently, Rajasthan High Court has held that an Assistant Commissioner (Colonisation) was right in entertaining an application filed for the review of its own order, albeit under Section 151 CPC, by a comprehensive interpretation of Section 5 of the Rajasthan Colonisation Act, 1954.The single-judge bench of Justice Vinit Kumar Mathur, before rendering the decision, initially analysed Section...

Income Tax Act | Non-Disclosure Of Heavy Transaction & Its Admission By Assessee Makes Out A Case For Reassessment U/S 148: Rajasthan High Court

Rajasthan High Court has recently clarified that once the assessee admits the existence of a heavy transaction between him and another entity that is not disclosed in the ITR form, such admission makes out a case for the reopening of assessment under Section 148.The Division Bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri Laxman further noted that such...