Rajasthan High Court Weekly Round-Up: April 4 To April 10, 2022

Nominal Index Sohan Singh Rao Versus Union Of India 2022 LiveLaw (Raj) 112 Pacific Industries Ltd. Versus Union Of India 2022 LiveLaw (Raj) 113 Lakshya Purohit v. Registrar General, Rajasthan High Court 2022 LiveLaw (Raj) 114 Pratap Singh Shekhawat v. State of Rajasthan & Ors. 2022 LiveLaw (Raj) 115 Suo Moto, Rajasthan High Court, Jaipur Bench v. Anand Singh 2022 LiveLaw (Raj) 116 Laxman v. State Of Rajasthan & Ors. 2022 LiveLaw (Raj) 117 State, Through PP v. Atmaram & Ors. 2022 LiveLaw (Raj) 118 Anshul Sharma v. State of Rajasthan & Ors. 2022 LiveLaw (Raj) 119 Jal Grahan Vikas Sanstha, Riwadi, District Jaisalmer Through Its President Mathar Khan v. State of Rajasthan 2022 LiveLaw (Raj) 120 Mohammed Amin Through His Son:Zulkafil Amin Ansari v. State of Rajasthan & Ors. 2022 LiveLaw (Raj) 121 Nand Lal Through His Wife Rekha v. State of Rajasthan 2022 LiveLaw (Raj) 122 Kavita Bhargava v. Registrar Examination, Rajasthan High Court, Jodhpur (Raj.) 2022 LiveLaw (Raj) 123 Akheraj v. State of Rajasthan 2022 LiveLaw (Raj) 124 Jagdish Prasad Meena v. The State Of Rajasthan 2022 LiveLaw (Raj) 125 Judgments/ Orders of the Week 1. Rajasthan High Court Refuses Bail To Director Of A Company Allegedly Involved In GST Evasion Worth Rs.869 Crores Case Title: Sohan Singh Rao Versus Union Of India Citation: 2022 LiveLaw (Raj) 112 The Rajasthan High Court bench of Justice Narendra Singh Dhaddha has refused to grant bail to the director of a company who was allegedly involved in goods and service tax (GST) evasion worth Rs. 869 crores. The court noted that the Supreme Court in its various decisions held that an economic offender should not be dealt with as a general offender because economic offenders run a parallel economy and they are a serious threat to the national economy. The court relied on the decision of Vinaykant Ameta Vs. Union of India in which the bail of Vinaykant Ameta was dismissed by the High Court and the Apex Court had granted the bail of Vinaykant Ameta on depositing Rs. 200 crores. 2. Non-Availability Of Form GST ITC-02A On GSTN Portal: Rajasthan High Court Allows ITC In GSTR-3B Case Title: Pacific Industries Ltd. Versus Union Of India | D.B. Civil Writ Petition No. 12190/2019 Citation: 2022 LiveLaw (Raj) 113 The Rajasthan High Court bench of Justice Sandeep Mehta and Justice Vinod Kumar Bharwani has allowed the Input Tax Credit (ITC) under GST in GSTR-3B Return as FORM GST ITC-02A was not available on the GSTN Portal at the time of its insertion. The court observed that the department failed to acknowledge and transfer the input tax credit to the tune of Rs. 2,58,03,590 accruing to the petitioner pursuant to the registration of its new business unit in accordance with Rule 41A of the GST Rules. The action of the department was grossly illegal, arbitrary and unjust. "The respondents are directed to regularise the input tax credit in favour of the petitioner as per entitlement. The petitioner shall be allowed to avail the Input Tax Credit of Rs.2,58,03,590/- through the next GSTR-3B return," the court said. 3. Administrative Committee Of Rajasthan High Court Says 'No Need' To Use A4 Size Paper Case Title: Lakshya Purohit v. Registrar General, Rajasthan High Court Citation: 2022 LiveLaw (Raj) 114 The Rajasthan High Court has disposed of a public interest litigation seeking directions for usage of A4 size papers for judicial filings and other court proceedings. The division bench of Justice Vinod Kumar Bharwani and Justice Sandeep Mehta took note of the decision taken on High Court's administrative side that the present regime may continue and no change is needed. Presently, the High Court follows General Rules (Civil and Criminal), 2018 which provides that all pleadings, applications, petitions and any other relevant paper of whatsoever nature filed in the course of judicial proceedings shall be printed in double space on stout durable papers of "foolscap size". 4. Rajasthan High Court Directs Authorities To Consider Representation Against Alleged Illegal Religious Conversions In Ganganagar City Case Title: Pratap Singh Shekhawat v. State of Rajasthan & Ors. Citation: 2022 LiveLaw (Raj) 115 The Rajasthan High Court has refused to hear a public interest litigation against alleged illegal religious conversions and erection of unauthorized religious structures in the Ganganagr city, stating that it cannot decide disputed questions of facts in writ jurisdiction. The Bench of Justice Sandeep Mehta and Justice Vinod Kumar Bharwani however granted liberty to the Petitioners to raise their grievance before the competent authorities. It said, " It is expected that such representation shall be considered objectively and decided as per law by a reasoned order within a period of three months from...

Rajasthan High Court Weekly Round-Up: April 4 To April 10, 2022

ANIRUDH VIJAY

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