Rajasthan High Court
Overstaying Temporary Parole Period Not Bar For Grant Of Permanent Parole Under Rule 14(C) Of Prisoners Rules: Rajasthan High Court
Rajasthan High Court has recently held that overstaying the temporary parole period cannot be imposed as a bar on availing permanent parole under Rule 14(c) of Rajasthan Prisoners (Release On Parole) Rules, 1958.The Division Bench of Justices Inderjeet Singh and Ashutosh Kumar observed that overstaying the parole period cannot be equated with the restrictions contained in Rule 14(c) of the...
Magistrate's Power U/S 256 CrPC To Be Used Sparingly, Not For 'Statistical Purposes Of Removing Docket From Rack': Rajasthan High Court
Rajasthan High Court has recently discussed in detail the powers of a Magistrate under Section 256 Cr.P.C, which should be used judiciously and based on a definite conclusion that the complainant no longer wants to prosecute the accused. The court added that such power shouldn't be used 'whimsically' and 'mechanically' for statistical purposes like 'removing a docket from the rack'....
Magistrate & Sessions Courts Taking Part Cognizance Against Same Accused For Different Offences Not Permissible: Rajasthan High Court
Rajasthan High Court has held that cognizance can't be taken twice by separate courts for different offenses against the same accused.The single-judge bench of Justice Anoop Kumar Dhand noted that the act of Additional Sessions Judge who took fresh cognizance against the petitioner Nos.1 to 3 under Sections 307 and 148 of I.P.C, in addition to the offenses falling under Sections 323, 341,...
MP High Court Directs Police To Consider Congress Leader's Complaint Against Minister Kailash Vijayvargiya For Posting Alleged Fake Communal Video
Madhya Pradesh High Court has recently directed the Station House Officer of Tilaknagar Police Station to take appropriate action in the complaint made by Congress Spokesperson Aminul Khan Suri against BJP Minister Kailash Vijayvargiya. The complaint pertains to Vijayvargiya allegedly sharing a false video on X (formerly known as Twitter) to incite the communal riots that erupted in...
State's Duty To Protect Temple's Rights; Compensation For Land Acquisition To Be Deposited With Devasthan Dept, Not Trustee: Rajasthan High Court
Rajasthan High Court has recently clarified that compensation in lieu of the acquisition of Temple's land should be deposited in the account of the Commissioner, Devasthan Department. Since the state has the duty to protect and safeguard the rights of the temple and the Commissioner is deemed to be a Treasurer of the charitable endowments, the Devasthan Department is entitled to...
Rajasthan High Court Admits Appeal On Issue Of Reversal Of Credit On Input Lying In Stock When Final Product Is Exemplified
The Rajasthan High Court, Jodhpur, comprising Chief Justice Manindra Mohan Shrivastava and Justice Munnuri Laxman, admitted the appeal filed by the Commissioner, Central Excise and Service Tax, on the issue of reversal of credit on input lying in stock when the final product is exemplified.The respondent or assessee is in the business of manufacturing cotton fabrics and manmade fabrics...
Rajasthan High Court Stays Single-Judge's Order Mandating Segregation Of 'Chaotic' Common Cause List
In a recent development following a single judge bench admonishing the registry for creating a 145-page long 'common cause list', a Division Bench has placed an interim stay on the erstwhile direction to segregate the List as Cause List (I) and Cause List (II). According to the observations made by the single judge bench, these lists were to contain specific notes in the respective cause...
For Establishing Offence Of Filing Delayed ITR, “Mens Rea” Is A Necessary Ingredient: Rajasthan High Court
The Rajasthan High Court has held that for holding an assessee guilty of the offence of filing delayed income tax returns, “mens rea“ is a necessary ingredient.The bench of Justice Anoop Kumar Dhand has observed that in the absence of mens rea, an accused cannot be held guilty, and his conviction under Section 276 CC of the Income Tax Act cannot be sustained.The Income Tax Officer,...
'Weakens Democratic Set-Up & Affects Public At Large': Rajasthan High Court Quashes Suspension Order Of Sarpanch Passed On Flimsy Grounds
Observing that suspension of elected representatives on flimsy grounds or for settling political scores weakens the democratic setup and adversely affects the public at large, Rajasthan High Court has quashed the suspension order against the Sarpanch of Baori Kalla Gram Panchayath.“…Placing under suspension of democratically elected persons on account of political vendetta weakens the...
Rajasthan HC Waives Contractual Fees Payable To Panchayat During COVID-19, Says Pandemic Was Beyond Human Control Even Though Not Expressly Mentioned In Contract
Rajasthan High Court has recently allowed a waiver of the recovery to the tune of approximately Rs. 19 lakhs from the highest bidders of a Panchyath contract for faltering in their obligations. This dereliction of the contractual terms occurred during the period of March 2020 to June 2021, when all industrial operations were stopped due to the pandemic.The single-judge bench of Justice...
Cheques Encashed Pursuant To 'Full And Final Settlement' Without Any Protest, Rajasthan High Court Refuses Arbitration
The High Court of Rajasthan, Jaipur Bench, has held that an application seeking the appointment of an arbitrator would not be allowed if the parties had already entered into a full and final settlement, and the applicant had encashed the settlement amount without protest or objection. The Court held that in such cases, the dispute would be considered non-arbitrable. Chief Justice...
Multiple Dying Declarations Of Victim Not Consistent, Contrary To Each Other: Rajasthan HC Acquits Accused In 35 Yr-Old Rape Case
Recently, the Rajasthan High Court acquitted all the accused in a rape case from 1989 on the ground that the multiple dying declarations given by the victim were not consistent with each other. Conviction on the basis of such dying declarations that are contrary in material particulars can prove to be unsafe, the court iterated by relying on Bhadragiri Venkata Ravi v. Public Prosecutor High...