LOC's Initial Validity Can't Exceed 4 Weeks, Originating Agency Must Give Reasons For Seeking Extension: Rajasthan HC Issues Guidelines

While laying down guidelines which are to be followed by concerned authorities/agencies for causing the issuance/continuance of a Look Out Circular (LOC), the Rajasthan High Court said that an order passed by the originating agency issuing an LOC must "specifically state" that it is valid only for four weeks. Extension of the LOC is permitted only if the originating agency...

Provisional Attachment Ceases After One Year: Rajasthan High Court Allows Assessee To Operate Bank Account

The Rajasthan High Court stated that the provisional attachment under Section 83 of the CGST Act ceases after one year and cannot be attached again without giving fresh reasons. The Division Bench, consisting of Chief Justice Manindra Mohan Shrivastava and Justice Ashutosh Kumar, was dealing with a case in which the assessee challenged the department's attachment of their bank account...

Person Holding Relevant Evidence To Dispute Not 'Necessary Party' Unless Compelled By Law: Rajasthan High Court Reiterates

Rajasthan High Court has reiterated that merely because a person was holding some relevant evidence to present on the questions involved in a dispute, that in itself would not make that person a necessary party to be impleaded in the suit.The bench of Justice Nupur Bhati further relied upon the principle of dominus litis, to reject defendant's challenge against order of trial court that...

State Must Conclude Land Acquisition Within 'Reasonable Time' After Barring Construction U/S 27 Rajasthan Housing Board Act: High Court

Rajasthan High Court has ruled that notification under Section 27 of the Rajasthan Housing Board Act, 1970 barring construction on a proposed scheme area affects the right to enjoyment of property of landowners and thus, it cannot be allowed to block the property for an indefinite period. The division bench of Justice Manindra Mohan Shrivastava and Justice Munnuri Laxman held that after...

Rampant For Political Rivals To Drag Opponents In Case To Ruin Political Career: Rajasthan HC Asks SP To Monitor Probe In FIR Against Sarpanch

In a plea for quashing an FIR filed against a Sarpanch, the Jodhpur bench of the Rajasthan High Court directed the Superintendent of Police (SP) to personally monitor the investigation observing that in an era where it was rampant for political rivals to drag their opponents in a case to damage their political career it was appropriate to direct the police to conduct an impartial probe. The...

Can't Make Party Suffer For Counsel's Non-Appearance Or Failure To Make Alternate Arrangement For Appearance: Rajasthan High Court

While hearing a writ petition, Rajasthan High Court upheld an order of the trial court that set aside an ex-parte decree against the respondents on the ground that the counsel of the respondents had underwent eye surgery and thus owing to his health conditions, he was not able to make an appearance before the court for the proceedings.The bench of Justice Nupur Bhati held that merely because...

Class 10 Marksheet Is A Public Document, Credible And Authentic As Proof Of Birth: Rajasthan High Court

Upholding the election tribunal's decision disqualifying a man from the post of Sarpanch as he had two additional children after cut off date, the Jaipur bench of the Rajasthan High Court reiterated that matriculation certificate (Class 10 mark sheet) is a public document and is credible and authentic as per Section 35 of the Indian Evidence Act. This is court said, was especially in light of...

In Public Function Matters Like Electricity Supply No Ex Parte Stay Must Be Given, Vacation Plea Must Be Decided Expeditiously: Rajasthan HC

The Jaipur bench of the Rajasthan High Court ruled that in matters that affect supply of public services like electricity to the consumers in the State, ordinarily ex-parte interim order ought not to be granted, and even if it was granted, the application for vacating the stay is required to be considered expeditiously.The observation came in appeal filed against a June 25 interim order of...

Principle Of Res-Judicata Not Applicable To Reliefs Of Alimony, Stridhan Which Can Be Claimed At Any Subsequent Stage: Rajasthan High Court

Applying the Golden Rule for purposive interpretation of Section 25 of the Hindu Marriage Act, the Jodhpur bench of the Rajasthan High Court ruled that the Doctrine of Res Judicata is not applicable on the reliefs of permanent alimony and stridhan as provided in the provision. In doing so the court underlined that res judicata is not applicable since the reliefs sought under Section 25 could...

Rajasthan High Court Quashes SC/ST Act Case Against Actress Shilpa Shetty For Using Word "Bhangi" In 2013 Interview

The Rajasthan High Court has quashed a complaint against the SC/ST (Prevention of Atrocities Act) against actress Shilpa Shetty for using the word "Bhangi" in a 2013 Television interview.Justice Arun Monga held: "In light of the absence of essential ingredients for offenses under Section 153A IPC, the failure to adhere to mandatory procedural requirements under Section 196 Cr.P.C., and the...

Valuation Of A Suit Is Based On Nature Of Relief Claimed, Not On Market Value Of Property: Rajasthan High Court Reiterates

While hearing a dispute concerning sale of a property, the Jodhpur Rajasthan High Court reiterated that it was only the nature and valuation of the relief claimed on the basis of which the valuation of the suit as well as the court fee was determined and not the market value of any property.Justice Rekha Borana was hearing a petition against an order of the Additional District Judge wherein...

Removal From Service For Submitting Forged Marksheet Disproportionate For Constable With Unblemished Record Of 38 Yrs: Rajasthan High Court

Rajasthan High Court set aside the punishment of removal from service against a constable (“Petitioner”) who was charged for submitted a forged marksheet at the time of entering the service, ruling that given the unblemished record of 38 years of service of the Petitioner, and the nature of the misconduct, the punishment was disproportionate and excessive.The bench of Justice Vinit...