Rajasthan HC Quashes Prosecution Sanction Against E-Commerce Company For Delay In Depositing TDS Due To Late Submission Of Bills By Amazon, E-Bay

Rajasthan High Court set aside prosecution under Income Tax Act, 1961 (“the Act”), against the petitioner-company whose business activity related to e-commerce transactions, and owing to delay on part of the companies like Amazon, Naaptol, Ebay, etc. in submitting the bills, the petitioner got delayed by almost 10 months in submitting the deducted TDS.The division bench of Justice...

Closure Of Hostel Mess During Covid-19 Didn't Scrap Post: Rajasthan HC Orders Private School To Reinstate Workers Terminated Without Process

The Rajasthan High Court directed reinstatement of hostel-mess workers of Bharatiya Vidya Bhawan Vidyashram school–run by the Bharatiya Vidya Bhawan educational trust–who were terminated without following the prescribed procedure, ruling that a decision to close the hostel mess did not amount to abolition of the post. In doing so the court underscored that procedure as per Section 18 of...

S.273 CrPC | Rajasthan HC Allows Six Booked In 259 Cases To Attend Trial Via VC, Says It Expects State To Amend Law On Appearance Of Accused

The Rajasthan High Court has permitted six men, having multiple FIRs registered against them for alleged financial crimes, to attend pending criminal trials through video conferencing noting that it may not be feasible for the accused to be physically present at multiple locations simultaneously. In doing so the court observed that as per Section 273 CrPC there is no legal impediment if...

Rajasthan HC Orders Regularization Of Govt Employee Withdrawn Citing Educational Criteria Despite Favourable Court Orders, Fines ₹2 Lakh

The Rajasthan High Court has quashed an order withdrawing regularization of a government employee due to non-fufilment of educational qualification, after noting that the order was not only against the categorical directions of the court's division bench which was upheld by Supreme Court but also violated judicial precedents.In doing so the court found that the issue of the...

Executing Court Erred In Seeking Transfer Certificate To Execute Award When It Had Jurisidiction To Entertain Application: Rajasthan HC Sets Aside Order

The Rajasthan High Court bench of Justice Narendra Singh Dhaddha has held that the Executing Court had committed an error in directing to furnish the transfer certificate for executing an award when it already had jurisdiction to hear the application.Court said that when the property was situated in Jaipur, the executing court had jurisdiction to entertain the execution application. So,...

Jurisdictional Assessing Officer Lacks Jurisdiction To Issue Reassessment Notices U/S 148 Of Income Tax Act: Rajasthan High Court

The Rajasthan High Court stated that the Jurisdictional Assessing Officer (JAO) lacks jurisdiction to issue income tax reassessment notices under section 148 of the Income Tax Act, 1961. The Bench of Justice Pushpendra Singh Bhati and Munnuri Laxman observed that “the JAO shall not have the jurisdiction to issue notices under Section 148 of the Act of 1961, as it would not only...

IPR Violation Affects Public Interest, Courts Should Be Prompt In Granting Interim Injunction: Rajasthan High Court

Rajasthan High Court has held that in matters of blatant violation of intellectual property rights, a prompt injunction order has to be granted to protect not only the interest of the aggrieved but also of the public at large.The bench of Justice Anoop Kumar Dhand thus allowed the temporary injunction application filed by the firm Rajani Products over alleged infringement of its...

Rajasthan HC Orders Woman's Appointment As Clerk Denied For Taking Back Original Documents In Bonafide Belief That Selection Process Is Over

The Rajasthan High Court directed the appointment of a woman as a clerk, who scored more marks compared to candidates in fourth waiting list but was denied appointment on the ground that after issuance of three supplementary select lists and believing the process to be over, she took back her original documents signing a pre-typed affidavit stating that she won't raise any claim to the post...

Eligibility Should Be Checked At Threshold, Not After Selection: Rajasthan HC Orders Appointment Of Asha Worker Denied Post Despite Selection

The Rajasthan High Court has direct the State authorities to appoint a woman to the post of Asha Sahyogini at Anganwadi Centre Mandela who was although selected but was denied the post by issuing fresh advertisement that too without cancelling the earlier selection process. Before the high court the respondents claimed that the petitioner is not eligible on the eligibility on the ground of...

Centre Notifies Appointment Of 4 Advocates As Rajasthan HC Judges

The Central Government has notified the appointment of four advocates as Judges of the Rajasthan High Court.They are 1. Anand Sharma,2. Sunil Beniwal3. Mukesh Rajpurohit,4. Sandeep Shah.Union Law Minister Arjun Ram Meghwal posted in X about their appointments.Their names were recommended by the Supreme Court Collegium along with the names of three others on March...

'For 20 Yrs He Was Sleeping': Rajasthan High Court Rejects Govt Employee's Plea Against 2002 Penalty Stopping Yearly Increments

Dismissing a government employee's plea challenging a penalty which stopped three annual grade increments as well as rejection of appeal and review petitions, the Rajasthan High Court observed that his plea was barred by delay of over two decades.Justice Anoop Kumar Dhand in his order said, "It appears that the petitioner was sleeping over the matter for more than two decades and all of...

Industrial Disputes Act | Sundays And Other Paid Holidays Taken Into Account For Treating Continuous Service Of Workman: Rajasthan HC

Rajasthan High Court has set aside the order of the Central Industrial Tribunal (“CIT”) that did not taken into consideration Sundays and other paid holidays while calculating the service period of a Bank of Baroda employee.The bench of Justice Anoop Kumar Dhand relied upon Section 25-B(2) of the Industrial Disputes Act, 1947, (the “Act”) as well as the Supreme Court decision in the...