CRLMB / 4416 / 2024 (GIRRAJ BANSAL VS STATE OF RAJASTHAN) Date of Order/Judgment: 12/07/2024 Anticipatory bail application on behalf of the petitioners (charged u/s 420 & 406 of IPC). Held: It is an anathema to suppose that when a civil remedy is available, a criminal prosecution is completely barred. Anticipatory bail if granted will be practically scuttling the investigation and would create hurdle in arriving at the truth. Prima-facie the petitioner herein are involved in a serious crime of huge amount. Application dismissed.
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CRLMB / 8439 / 2024 (RAKESH VS STATE OF RAJASTHAN) Date of Order/Judgment: 09/07/2024 The interim bail application filed on behalf of petitioner (charged u/s 8/15 of NDPS Act) for releasing him on interim bail for a period of 40 days for his sister’s marriage. Held: Granting interim bail may pose a threat to public safety, it also raises concerns about the applicant’s potential to flee from justice. The petitioner’s sister has other brothers also who can perform marriage rituals and no case for grant of bail to applicant is made out. Bail application rejected.
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SAW / 59 / 2024 (JOGA RAM VS THE BOARD OF REVENUE OF RAJASTHAN) Date of Order/Judgment: 03/07/2024 Issue: Whether the appellant was entitled to be recorded as Khatedar (tenant) after coming into force of the Rajasthan Land Reforms & Resumption of Jagir Act, 1952 and resumption of Jagir? Held: The Sub-Divisional Officer, Bali is directed to hold an enquiry, whether appellant cultivating disputed land as a tenant or as a person hired as labourer or employed by shebait/ pujari which would decide that he would be entitled as Khatedar or not. Appeal allowed.
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CRLMP / 3691 / 2024 (ISHAK MOHAMMAD VS STATE OF RAJASTHAN) Date of Order/Judgment: 01/07/2024 Issue: Whether the Additional Sessions Judge, Begu, Chittorgarh was justified in dismissing the revision petition of the petitioner? Held: no affidavit filed in support of the application u/s 91 CrPC or demonstrated as to how the documents sought for are necessary and relevant for the judicial disposal of the case under sec. 138 of the NI Act. Money lending licence is irrelevant in cheque dishonour case. Petition dismissed.
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CRLMP / 3781 / 2024 (BHERU SINGH VS STATE OF RAJASTHAN) Date of Order/Judgment: 01/07/2024 Issue: Whether Sessions Judge was justified in upholding the order of Trial Magistrate to reject protest petition filed by petitioner and accept FR. No 37/2011 in FIR No116/2011. Held: the petitioner’s daughter in her statement u/s 164 of CrPC stated that she has gone on her own volition. The agency investigated to find same & filed negative FR. Confirmed statement was given by complainant & later he sought another opportunity which was denied in absence of evidence. Petition dismissed.
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CW / 3576 / 2010 (STATE OF RAJ VS MOHAN LAL AND ORS) Date of Order/Judgment: 10/07/2024 The petition is filed to seek quashing of order passed by Raj. Tax Board in which the revision petition of the respondent was accepted. Held: The issues raised by parties not specifically dealt with and even facts are not noted in the order. Order is non-speaking and set aside. The matter is remitted back to the Board to decide the revision fresh as per law, after providing an opportunity of hearing to the parties. Petition disposed.
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ITA / 111 / 2023 (KAILASH CHAND SHARMA NEAR CHARBHUJA MANDIR, VS COMMISSIONER OF INCOME TAX 1) Date of Order/Judgment: 05/07/2024 Appellant filed appeal u/s 260A of ITA Act, 1961 against the order dated 22.06.2021 passed by ITAT dismissing his appeal. He had received a notice u/s 143(3) to explain the cash deposit of Rs. 47,30,000/- in his bank account. Held: The appellant failed to discharge the onus of explaining the cash deposit. The explanation that the amount of Kana Ram was deposited was falsified by the denial of Kana Ram. No question of law and no case is made out for interference of this court. Appeal dismissed.
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CW / 2207 / 2021 (M/S SHRI LAXMI INDUSTRIES VS UNION OF INDIA) Date of Order/Judgment: 04/07/2024 Issue: Whether the refund application is liable to be rejected u/s 54 of the GST Act, 2017 having being filed beyond limitation period? Held: As per order dated 10.01.2022 of SC in the Suo Moto Writ Petition (Civil) No. 3/2020, the period from 15.03.2020 till 28.02.2022 is to be excluded for the purpose of calculating limitation period. The impugned order is set aside and matter is remitted back to the respondents to decide the application afresh as per law. Petition is allowed.
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CW / 5093 / 2022 (STATE OF RAJASTHAN VS Z.A. KHAN SON OF LT. S.A. KHAN) Date of Order/Judgment: 02/07/2024 Issue: Whether CAT can order for withdrawal of order of the compulsory retirement of respondent while uploading the same order? Held: Only four days left for superannuation of the respondent on the date of decision of OA. Due to operation of unchallenged interim order granted by tribunal, respondent rendered services & ultimately superannuated. The directions of CAT for withdrawal modified to the extent that order has been rendered inoperative with the efflux of time. Petition disposed of.
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CW / 5864 / 2024 (M/S MONAKSH FINANCE PRIVATE LIMITED VS UNION OF INDIA) Date of Order/Judgment: 01/07/2024 Issue: Whether the order cancelling the registration of petitioner under GST Act, 2017 is justified? Held: The orders dated 10.07.2023 (for non-filling of returns of two quarters) and 21.08.2023 (application for revocation of cancellation was rejected) are set aside and the matter is remitted back to the respondents to decide the proceedings afresh as per law in pursuance of the show cause notice dated 09.05.2023 and to consider the fact of filling of the returns and payment of the interest.