Rajasthan High Court Weekly Roundup: April 18 To April 24, 2022

Nominal Index Girdhari Singh Through His Father Kishor Singh v. State of Rajasthan & Ors. 2022 LiveLaw (Raj) 134 Haider Khan v. Union of India & Ors. 2022 LiveLaw (Raj) 135 Suresh Balkrishna Jajra Versus Union of India 2022 LiveLaw (Raj) 136 Ratna v. State of Rajasthan, Through PP 2022 LiveLaw (Raj) 137 Kalu Ram Jangid v. State Of Rajasthan 2022 LiveLaw (Raj) 138 M/s.Mangalam Arts through its partner Sh.Rajendra Kumar Rawat v. State of Rajasthan & Ors. 2022 LiveLaw (Raj) 139 Sudhir Bordiya v. State, Through Pp 2022 LiveLaw (Raj) 140 State Bank Of India v. State Of Rajasthan 2022 LiveLaw (Raj) 141 Mahendra Singh & Ors. v. State Of Rajasthan, Through Pp & Anr. 2022 LiveLaw (Raj) 142 Prahlad v. State Of Rajasthan, Through PP 2022 LiveLaw (Raj) 143 Raman v. State Of Rajasthan, Through PP 2022 LiveLaw (Raj) 144 M/s Ultratech Nathdwara Cement Limited Versus Assistant Commissioner 2022 LiveLaw (Raj) 145 Shree Basant Bhandar Int Udyog Versus UOI 2022 LiveLaw (Raj) 146 Judgments/ Orders of the Week 1. Ensure Convicts' Emergent Parole Applications Are Decided Immediately: Rajasthan High Court To State, Jail Superintendents Case Title: Girdhari Singh Through His Father Kishor Singh v. State of Rajasthan & Ors. Citation: 2022 LiveLaw (Raj) 134 The Rajasthan High Court has asked the State's Home Secretary to issue pertinent instructions to the District Magistrates and the Superintendents of jails across the State to ensure that the emergent parole applications submitted by the convicts are not kept pending and are decided immediately on receipt thereof. A division bench of Justice Sandeep Mehta and Justice Vinod Kumar Bharwani observed, "The Home Secretary, Government of Rajasthan shall issue pertinent instructions to the District Magistrates and the Superintendents of jails across the State of Rajasthan to ensure that the emergent parole applications submitted by the convicts are not kept pending and are decided immediately on receipt thereof in terms of the Rule 23 of the Rules of 2021." 2. 'Fanciful & Unrealistic': Rajasthan HC Dismisses PIL Seeking Direction To Centre To Conduct Census In Specified Timeframe; Imposes 25K CostCase Title: Haider Khan v. Union of India & Ors. Citation: 2022 LiveLaw (Raj) 135 The Rajasthan High Court has dismissed a public interest litigation seeking a direction to Union government to conduct the Census in scheduled timeline, without any further delay and also to declare "wherever it may consider it necessary or desirable to do so" in the Section 3 of the Census Act, 1948 as ultra vires. Section 3 of Census Act, 1948 states that the Central Government may, by notification in the Official Gazette, declare its intention of taking a Census in the whole or any part of the territories to which this Act extends, whenever it may consider it necessary or desirable so to do and thereupon the Census shall be taken. 3. Rajasthan High Court Refuses To Exempt Assessee From Personal Appearance Under GST Case Title: Suresh Balkrishna Jajra Versus Union of India Citation: 2022 LiveLaw (Raj) 136 The Rajasthan High Court consisting of Justice Manindra Mohan Shrivastava and Justice Sameer Jain has refused to exempt the assessee from personal appearance under Section 70 of the CGST Act. The petitioner/assessee sought the direction of exemption from personal appearance pursuant to summons issued to the petitioner under Section 70 of the Central Goods and Services Tax Act, 2017 issued by Respondent/department. The assessee has sought its representation through an authorised representative is required to be duly considered by the respondents. The assessee submitted that unless it is absolutely imperative, it is not necessary that in all cases, the petitioner should be insisted for personal appearance and he may be allowed to appear through representative also replying to various queries. 4. Rajasthan High Court Grants 15 Days' Temporary Bail To Convict To Perform Daughter's Kanyadan Case Title: Ratna v. State of Rajasthan, Through PP Citation: 2022 LiveLaw (Raj) 137 The Rajasthan High Court, Jodhpur has granted temporary bail for 15 days to a man to perform 'Kanyadan' & other ceremonies in his daughter's marriage. Notably, the present application for grant of temporary bail has been filed on the ground that the appellant's daughter is getting married on 28.04.2022 and the presence of the appellant is necessary to perform 'Kanyadan' and other ceremonies in the marriage. A division bench of Acting Chief Justice Manindra Mohan Shrivastava and Justice Madan Gopal Vyas, ruled, "Taking into consideration the ground, on which the temporary bail is sought, we are inclined to allow the application to the extent that the appellant shall be released on temporary bail upon furnishing a personal bond...

Rajasthan High Court Weekly Roundup: April 18 To April 24, 2022

ANIRUDH VIJAY

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