Rajasthan High Court Weekly Roundup: May 30 To June 5, 2022

Nominal Index Amit Swami & Ors. v. State of Rajasthan with other connected matters 2022 LiveLaw (Raj) 176 General Manager Rajasthan State Road Transport Corp., Jaipur & Anr. v. Sonu & Anr. with other connected matters 2022 LiveLaw (Raj) 177 Dhanwantri Institute Of Medical Science v. State Of Rajasthan & Ors. 2022 LiveLaw (Raj) 178 Rajendra Kumar Versus The Assistant Commissioner Of Income Tax 2022 LiveLaw (Raj) 179 Navneet Singh Purohit v. Law Prep Tutorial, Through Proprietor Shri Sagar Joshi 2022 LiveLaw (Raj) 180 Eptisa Servicios De Ingenieria SL versus Ajmer Smart City Limited 2022 LiveLaw (Raj) 181 Judgments/ Orders of the WeekPatwari Recruitment: Rajasthan High Court Orders Reconsideration Of Answers To Two Questions, Consequential Changes In Final Answer Key & Result Case Title: Amit Swami & Ors. v. State of Rajasthan with other connected matters Citation: 2022 LiveLaw (Raj) 176 The Rajasthan High Court has recently directed the Rajasthan Subordinate and Ministerial Service Selection Board to re-examine certain disputed questions pertaining to recruitment exam for the post of Patwari, from different experts. The Court ordered that based on the conclusion of such experts, the Board shall amend the final answer key and give effect to the marks obtained by the candidates and other consequential changes in the result. The competitive written examination was held in four shifts and the final answer key was issued by the Board on 25.01.2022 on the basis of the decision taken by the Expert Committee on the objections raised by the candidates. Additionally, a list of provisionally selected candidates was issued for the purpose of verification of documents and credentials of the candidates.2. Rajasthan High Court Directs State To Affix Reflectors On All Animal Carts, Deal Strictly With Persons Riding Sans Proper Safety Measures Case Title: General Manager Rajasthan State Road Transport Corp., Jaipur & Anr. v. Sonu & Anr. with other connected matters Citations: 2022 LiveLaw (Raj) 177 The Rajasthan High Court has directed the State government to evolve a mechanism to ensure affixing of reflectors on all types of Animal Carts, Tractor Trolleys and similar types of rides on road. The Court also directed to ensure that the persons, who ride on roads without adopting proper safety measures, so as to endanger the life and safety of other persons, be dealt strictly under the provisions of relevant penal laws. Justice Rameshwar Vyas observed, "Before parting with the judgment with the intent to save several human lives from road accidents this Court deems it fit to direct the State Government to evolve mechanism so as to ensure affixing of reflectors on all types of Animal Carts, Tractor Trolleys and similar types of rides on road."3. "Bench Hunting": Rajasthan High Court Imposes 10 Lakh Cost On Medical Institute For Filing Petition By Concealing About Its Dismissal By Jaipur Bench Case Title: Dhanwantri Institute Of Medical Science v. State Of Rajasthan & Ors. Citation: 2022 LiveLaw (Raj) 178 The Principal bench of Rajasthan High Court at Jodhpur has recently imposed a cost of Rs. 10 lakh on a medical institution for filing a writ petition, which came to be dismissed as withdrawn at Jaipur Bench on 26.04.2022. The present petition at the Principal Seat was filed on the very next day i.e. on 27.04.2022, without disclosing the facts of the former petition. Justice Vijay Bishnoi, while dismissing the petition, observed, "Now-a-days, the practice of bench hunting is often noticed, however, it is least expected from the institute providing education for the higher courses to the students to involve in such practice. It is a very sorry state of affairs and the conduct of the petitioner– institution is highly condemnable and contemptuous too. It is not expected from any person approaching the Court to conceal the relevant facts and to make an attempt of mislead the Court."4. Action Of Recovery By Income Tax Dept. Was Without Jurisdiction: Rajasthan High Court Imposes Cost Of Rs. 50,000 On The Dept. Case Title: Rajendra Kumar Versus The Assistant Commissioner Of Income Tax Citation: 2022 LiveLaw (Raj) 179 The Rajasthan High Court has imposed a cost of Rs.50,000 on the Income Tax department as the action of recovery was without jurisdiction. The division bench of Justice Prakash Gupta and Justice Sameer Jain has directed the Assessing Officer to issue a refund to the assessee along with interest as specified in law. The department was directed to adjust an excess of 20% of the disputed demand for Assessment Year 2017-18 within a period of thirty days. The petitioner/assessee contended that in terms of the order under Section 245 of the Income Tax Act, the appeal was preferred by him immediately and as per the provisions of Section 220(6) of...

Rajasthan High Court Weekly Roundup: May 30 To June 5, 2022

ANIRUDH VIJAY

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