Rajasthan High Court Monthly Digest: August 2022

Nominal Index Himachal Futuristic Communications Limited v. State of Rajasthan & Ors. 2022 LiveLaw (Raj) 211 Karan Johar v. State, Through P.p. & Anr. with other connected matters 2022 LiveLaw (Raj) 212 Madhu Saini & Ors. v. Rajasthan University of Health Sciences & Ors. 2022 LiveLaw (Raj) 213 Jyotsana Rathore v. State of Rajasthan 2022 LiveLaw (Raj) 214 Ramesh Chandra Patel v. State Of Rajasthan & Ors. 2022 LiveLaw (Raj) 215 Bhanwarlal v. State Of Rajasthan & Ors. 2022 LiveLaw (Raj) 216 Vishnu Oil Mill Private Ltd. v. Union Of India & Ors. 2022 LiveLaw (Raj) 217 Abdul Majeed Versus Income Tax Officer 2022 LiveLaw (Raj) 218 Smt. Rekha Kumari v. Hemendra Choudhary @ Hemraj 2022 LiveLaw (Raj) 219 Dhanwantri Institute Of Medical Science v. State Of Rajasthan & Ors.2022 LiveLaw (Raj) 220 State Of Rajasthan & Ors. v. Rekha Kumari and other connected matters 2022 LiveLaw (Raj) 221 Punjab National Bank & Anr. v. Mukesh Kumar Soni 2022 LiveLaw (Raj) 222 Rahul Jain & Ors. v. Baroda Rajasthan Kshetriya Gramin Bank & Ors. 2022 LiveLaw (Raj) 223 M/s. Shrimali Industries Pvt. Ltd. Versus State Of Rajasthan 2022 LiveLaw (Raj) 224 Gram Panchayat, Dujana Panchayat Samiti, Sumerpur District Pali, Through Its Sarpanch Smt. Panku Devi v. Union of India & Ors. 2022 LiveLaw (Raj) 225 Judgments/ Orders of the Week Rajasthan Stamp Act | Duty Can't Be Levied On Transaction Not Having 'Territorial Nexus' With State: High Court Case Title: Himachal Futuristic Communications Limited v. State of Rajasthan & Ors. Citation: 2022 LiveLaw (Raj) 211 The Rajasthan High Court recently set aside a single bench decision which permitted levy of duty under the Rajasthan Stamp Act, 1998 on an amalgamation instrument executed outside the State pursuant to sanction of Himachal Pradesh High Court, not only in relation to properties situated in Rajasthan, but also on the transfer of shares. A division bench comprising Justices Manindra Mohan Shrivastava and Birendra Kumar observed, "... insofar as transfer of shares by virtue of order of amalgamation passed by the High Court of Himachal Pradesh is concerned, it did not happen within the territory of the State of Rajasthan. Both the companies are situated outside the territory of Rajasthan. The entire proceedings of arrangement and amalgamation and its sanction took place outside the State of Rajasthan. Therefore, to that extent, stamp duty under the Stamp Act of 1998 would not be leviable... " The bench made it clear that an instrument executed outside the State of Rajasthan would be chargeable with duty when it bears a "territorial nexus"; tt is not that every instrument as specified in the Schedule appended to the Stamp Act of 1998, executed outside the State, becomes chargeable to stamp duty. "Only those relating to any property situated in the State or relating to any matter or thing done or to be done in the State and received in the State." Koffee With Karan Remarks: Rajasthan Police To File "Closure Report" In Case Against Karan Johar, KL Rahul & Hardik Pandya Case Title: Karan Johar v. State, Through P.p. & Anr. with other connected matters Citation: 2022 LiveLaw (Raj) 212 The Rajasthan government on Monday informed the High Court that the Police is set to file a closure report in a criminal case registered against Karan Johar and cricketers KL Rahul and Hardik Pandya over their remarks on the filmmaker's talk show- Koffee With Karan. Dr. Justice Pushpendra Singh Bhati was hearing their petitions for quashing of FIRs when the Public Prosecutor informed that final report/ closure report has been chalked on 11.3.2021 and the same is likely to be submitted before the competent court expeditiously. The trio was booked for allegedly making certain derogatory statements against women during an episode of the Bollywood talk show. The FIRs were filed by one Devaram Meghwal at police station Luni, Jodhpur under sections 153(A) ,292, 295(A), 504 of IPC, 67 of the Information & Technology Act, 2000 and 3(1)(u) & 3(1)(v) of the SC ST (Prevention of Atrocities Act) 1989. Dental College Admits 16 Aspirants Without NEET: Rajasthan HC Refuses To Regularize Admissions, Orders ₹10 Lakh Compensation Each Case Title: Madhu Saini & Ors. v. Rajasthan University of Health Sciences & Ors. Citation: 2022 LiveLaw (Raj) 213 The Rajasthan High Court has refused to regularize the admissions of 16 medical aspirants who were admitted to a Dental College in Kota, without qualifying the NEET examination. It however granted Rs.10 Lakhs compensation to each such student, stating that the College had made a "false promise" assuring them a seat in MDS course. The court also directed the Vice Chancellor of the respondent-Rajasthan University of Health Sciences to initiate disciplinary proceedings against the erring officials who had handed over degrees of the ...

Rajasthan High Court Monthly Digest: August 2022

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