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Rajasthan High Court Weekly Round-Up: April 4 To April 10, 2022
ANIRUDH VIJAY
11 April 2022 3:50 AM GMT
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...
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
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".
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 the date of submission thereof."
5. Rajasthan High Court Cancels Bail Granted To Mastermind Of Psychotropic Drugs Case- Anand Singh
Case Title: Suo Moto, Rajasthan High Court, Jaipur Bench v. Anand Singh
Citation: 2022 LiveLaw (Raj) 116
The Rajasthan High Court recently cancelled the bail granted to the mastermind of psychotropic drugs case Anand Singh. The court also dismissed the bail applications of other three accused, namely, Anil Chaukdiwal, Deepak Chaukdiwal and Bhagwan Sain.
Justice Pankaj Bhandari, while allowing the suo moto bail cancellation application. observed,
"The involvement of accused respondent - Anand Singh is writ large from the very fact that relevant photos and WhatsApp chats were found in the mobile phone of respondent accused-Anand Singh, which clearly show that he was receiving order online for these psychotropic substance and same were exported to USA. Further, from the chargesheet, it is also revealed that Anand Singh was the mastermind, who was running the Drug Syndicate."
The court opined that Anand Singh's presence is shown during the search of premises in Khatipura from where recovery of contraband of commercial quantity was made. The court observed that there is also evidence that payments for the psychotropic substance were received in the account of Anand Singh. The court also observed that he accepted in his statement that he was receiving the payment of these drugs in cash or in his account. The court directed that he should be taken in custody forthwith.
Case Title: Laxman v. State Of Rajasthan & Ors.
Citation: 2022 LiveLaw (Raj) 117
The Rajasthan High Court has held given the "unequal bargaining power" between an employer and its workmen under Industrial Disputes Act, 1947, the settlement arrived at between them must be sent to the State Government, Labour Commissioner and the conciliation officer concerned for scrutiny.
It further observed that in absence of compliance of this condition, the settlement cannot be said to be binding on the parties in terms of Section 18(1) of the Industrial Disputes Act, 1947.
Justice Arun Bhansali, while allowing the petition, observed,
"The provisions are not without reason, inasmuch as on account of unequal bargaining power between the workmen and the management, in case a mutual settlement is arrived at the same becomes binding under the provisions of Section 18 (1) of the Act and, therefore, to ensure that the agreement arrived at is examined by the authority i.e. the Labour Commissioner and the conciliation officer, the same is required to be sent to them and entered in the register of settlement maintained by the conciliation officer."
Case Title: State, Through PP v. Atmaram & Ors.
Citation: 2022 LiveLaw (Raj) 118
The Rajasthan High Court has commuted death penalty of four convicts accused of killing four persons and a minor over a land dispute.
The court ordered that the capital punishment awarded to the accused appellants by the trial court is commuted to life imprisonment, which shall enure till the natural life of the accused appellants without any possibility of permanent parole/premature release.
Justice Vinod Kumar Bharwani and Justice Sandeep Mehta, while partly allowing the appeal, observed,
"However, the conduct of the accused, who attacked the entire family of Mr. Moman Ram with clear intention of eliminating them owing to the long-standing land dispute requires appropriate directions on the aspect of sentence of imprisonment. If the accused are permitted to roam at large without suffering the "imprisonment for life" in its literal meaning, they would in all likelihood eliminate the remaining family members as well if set at liberty. Hence, the capital punishment awarded to the accused appellants by the trial court is commuted to life imprisonment, which shall enure till the natural life of the accused appellants without any possibility of permanent parole/premature release."
Case Title: Anshul Sharma v. State of Rajasthan & Ors.
Citation: 2022 LiveLaw (Raj) 119
The Rajasthan High Court, Jaipur recently allowed the plea filed by the petitioner claiming his eligibility in the category of Persons with Disability (PwD), as per the result of NEET UG-2021 examination and participation in the counselling, for the purpose of admission.
The court opined that the present case is a classic example of non application of mind by the Authorities, who deal with such an important issue of granting disability certificates. The belief of the court is forfeited from the fact that direction which was given by this court for medical examination of the petitioner for the second time also, resulted into issuing the certificate without adhering to the norms, which have been prescribed for considering the eligibility of a candidate, added the court.
Justice Ashok Kumar Gaur, observed,
"Since, this Court intends to allow the writ petition, the petitioner will now be entitled to participate in the Mop-up round of counselling or any subsequent counselling, to be conducted by the respondents and his result will be accordingly declared by the Authorities and will be granted admission if falls in merit."
9. Rajasthan HC Dismisses PIL Against Solar Plant With 50k Cost; Quotes PM Modi, Obama, Etc.
Case Title: Jal Grahan Vikas Sanstha, Riwadi, District Jaisalmer Through Its President Mathar Khan v. State of Rajasthan
Citation: 2022 LiveLaw (Raj) 120
The Rajasthan High Court recently dismissed public interest litigations opposing the allotment of the land made to the respondent-company for establishing the solar power plant in Riwadi.
The court noted quotes of world leaders, scientists and environmentalists on the aspects of climate change and its impact which, by use of renewable energy, can help in reversing the process of global warming which has started having a serious adverse impact on the world at large.
In this regard, the division bench comprising Justice Sandeep Mehta and Justice Vinod Kumar Bharwani quoted Hon'ble Prime Minister of India Shri Narendra Modi,
"Solar Energy is 'Sure', 'Pure' and "Secure'."
"India plans to produce 450 GWS of power through solar energy and other renewable energy sources by 2030"
Case Title: Mohammed Amin Through His Son:Zulkafil Amin Ansari v. State of Rajasthan & Ors.
Citation: 2022 LiveLaw (Raj) 121
The Rajasthan High Court has recently granted parole to an 80 years old accused convicted under TADA who remained in custody for more than 27 years.
The petitioner had preferred a writ petition (parole) for grant of emergency parole on the ground of his medical condition. It was contended that he was suffering from "DM, CAD (Coronary Artery Disease), BPH (Benign Prosthetic Hyperplasia)".
Justice Birendra Kumar and Justice Pankaj Bhandari, observed,
"Consequently, the writ petition (parole) stands allowed. The Jail Authorities are directed to release the petitioner on parole for à period of 30 days, on furnishing of his personal bonds of RS.50,000/- with one surety of like nature to the satisfaction of the Jail Authorities with the stipulation that he shall surrender himself before the Jail Authority on expiry of 30 days from the date of release and shall maintain peace and tranquility during parole period."
Case Title: Nand Lal Through His Wife Rekha v. State of Rajasthan
Citation: 2022 LiveLaw (Raj) 122
In a significant judgment, the division bench of Rajasthan High Court, Jodhpur observed that denial to the convict-prisoner to perform conjugal relationship with his wife more particularly for the purpose of progeny would adversely affect the rights of his wife. In this regard, the court granted 15 days parole to the life convict.
The bench opined that Hindu philosophy also advocates the importance of pitra – rin, i.e. parental debt. Our lives are the consequence of the fact that ancestors have been carrying and forwarding the said pitra rin, it is because of this, life came to us and in order to maintain the continuity of life, we must pay off this debt, added the the court.
Justice Sandeep Mehta and Farjand Ali, while allowing the petition, observed,
"As an upshot of the observations made herein above, we are of the considered view that though there is no express provision in the Rajasthan Prisoners Release On Parole Rules, 2021 for releasing the prisoner on parole on the ground of his wife to have progeny; yet considering the religious philosophies, cultural, sociological and humanitarian aspects, coupled with the fundamental right guaranted by the Constitution of India and while exercising extra ordinary power vested in it, this Court deem it just and proper to allow the instant writ petition."
12. Rajsathan High Court Dismisses Challenge To Civil Judge Exam Preliminary Merit List
Case Title: Kavita Bhargava v. Registrar Examination, Rajasthan High Court, Jodhpur (Raj.)
Citation: 2022 LiveLaw (Raj) 123
The division bench of Rajasthan High Court, Jaipur dismissed a batch of writ petitions questioning the correctness and validity of the merit list prepared after Preliminary Examination in the matter of selection to the post of Rajasthan Civil Judge Cadre.
Essentially, the challenge has been regarding correctness and validity of deletion of four questions, rejection of representation for deleting more questions on various grounds and some other common grounds to the process of selection.
Acting Chief Justice Manindra Mohan Shrivastava and Justice Sameer Jain, while dismissing the petitions and upholding the Expert Committee's recommendations, ordered,
"Having dealt with all the issues as raised in these petitions and relying upon dictum of the Hon'ble Supreme Court in plethora of decisions cited hereinabove which restrict the scope of judicial review and interference is warranted only in exceptional cases of the nature as stated and restated in various judicial pronouncements, we are not inclined to interfere with the decision taken by the body of experts as it was acted upon by the respondents. We have carefully examined the original records which contained deliberations of subject experts and discussions, as also the conclusion arrived at by the experts of the subjects in the Expert Committee.".
Case Title: Akheraj v. State of Rajasthan
Citation: 2022 LiveLaw (Raj) 124
The Rajasthan High Court has recently observed that the right to seek default/statutory bail accrues to the accused in the nature of an indefeasible right, only if such remedy by preferring an appropriate application has been availed of within the prescribed window from the date of expiry of total period of detention of accused person(s) under Section 167(2) Cr.P.C., until filing of the charge-sheet.
The Court also held that if an additional or new offence(s) are found to be made out by the investigating authority, against an accused, then the computation of the period, as laid down under Section 167 Cr.P.C. would be done afresh.
Dr. Justice Pushpendra Singh Bhati observed,
"This Court hereby observes that the right to seek default/statutory bail accrues to the accused in the nature of an indefeasible right, only if such remedy by preferring an appropriate application has been availed of within the prescribed window from the date of expiry of total period of detention of accused person(s) under Section 167(2) Cr.P.C., until filing of the charge-sheet."
Case Title: Jagdish Prasad Meena v. The State Of Rajasthan
Citation: 2022 LiveLaw (Raj) 125
The Rajasthan High Court ruled that in the absence of any statutory prohibitions, establishment of Toll Plaza could not be faulted only on the ground that the Toll Plaza is in the vicinity of adjoining villages and dhanis. In the absence of any statutory provisions, only on that ground, the location of Toll Plaza cannot be said to be illegal, added the court.
The court observed that the Toll Plaza, in the present case, is beyond the prohibited distance under Rule 8 of the Rajasthan State Highways Fee (Determination of Rates and Collections) Rules, 2015 and there being no violation of any statutory provisions governed, the establishment of Toll Plaza cannot be said to be in violation of law only on the ground of violation of the certain guidelines which are principle based..
Acting Chief Justice Manindra Mohan Shrivastava and Justice Vinod Kumar Bharwani, while dismissing the petition, observed,
"We therefore come to the conclusion that, on facts, compliance of IRC guidelines was not mandatory, therefore, the present case where the location of Toll Plaza is governed by statutory provisions contained in the statutory Rules of 2015 framed in exercise of statutory powers under the Act of 2014 will hold the field and in the absence of there being statutory provisions under the law regulating location of Toll Plaza, there being no condition incorporated either in the advertisement or in the terms and conditions of eligibility for erection of Toll Plaza or in the concession agreement between government and the concessionaire, establishment of Toll Plaza cannot be said to be illegal or opposed to law."
Other Important Updates
Case Title: Asharam @ Ashumal v. State Of Rajasthan
The division bench of Rajasthan High Court, Jodhpur has asked the Public Prosecutor to file reply within two weeks in Asaram's third application for suspension of sentences in minor rape case.
Justice Sandeep Mehta and Justice Vinit Kumar Mathur, ordered,
"Learned Public Prosecutor prays for and is granted time to file reply to this third application for suspension of sentences."
Earlier, on 21st May 2021, a Bench of Justice Sandeep Mehta and Justice Devendra Kachhawaha of Rajasthan High Court, had directed the district and jail administration to ensure that Asaram is provided with proper treatment, a nutritious diet, and a safe environment looking at his old age and medical condition.
Advocate Darshan Ram, General Secretary of Rajasthan High Court Advocate's Association, Jodhpur has called for suspension of work in the Rajasthan High Court, District and Sessions Court, Jodhpur and other subordinate courts.
Further, the Election Officer Chandra Shekhar Kotwani of the Rajasthan High Court Lawyers' Association has also written a letter to the Registrar General of Rajasthan High Court, Jodhpur. The letter states,
"It is to inform that Shri Sukhdev Vyas, Senior Advocate of our Bar in an unfortunate incident collapsed in the High Court premises and passed away. In this moment of grief, the entire members of the Bar as a mark of respect to departed soul will not work in the Court today."
A public interest litigation has been filed before the Jaipur Bench of Rajasthan High Court seeking directions to the respondent state to change the terminology like 'Baanjh', 'Parityakt', 'Nirashrit' used for the women in different schemes.
The present public interest litigation has been filed by Kunal Rawat.
The petitioner sought following reliefs from the court:
"I. Writ in nature of mandamus or any other direction instructing the respondent Nos. 1 and 2 to appoint to change the terminology used for the women in different schemes of the Respondents.
II. And pass such other or order or orders as to Your Lordships may deem proper and fit. And your petitioner, as in duty bound, shall ever pray."