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.
2
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.
3
CRLMB / 5730 / 2024 (NARAYAN LAL @ NARAYAN NATH VS STATE OF RAJASTHAN) Date of Order/Judgment: 03/07/2024 Issue: The petitioner charged u/s 457, 341, 323, 363, 366, 376(2)(n), 376-D of IPC and u/s 5(G)(L)/6 of POCSO act has filed this application u/s 439 of CrPC. Held: Petitioner not named in FIR and in a subsequent statement, prosecutix brought forward different story. Petitioner availed himself substantial ground so as to question the case of prosecution. The petitioner is in custody since 02.11.2023 and no purpose would to be served by keeping him in detention. Bail application allowed.
4
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.
5
CRLMB / 7007 / 2024 (HARPREET SINGH @ HARRY VS STATE OF RAJASTHAN) Date of Order/Judgment: 02/07/2024 Issue: The petitioner charged u/s 8/21, 25 and 29 of NDPS Act filed an anticipatory bail application. Held: Petitioner, a habitual offender under NDPS Act, drug consignment was intended to be delivered to him and had arrived in India on his instructions, and he was part of international drug smuggling racket, his role satisfies the ingredients of offence under NDPS act as revealed in the investigation, and also there is chance of him escaping and tampering with evidence. Application dismissed.
1
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.
2
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.
3
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.
4
CW / 10439 / 2022 (UNION OF INDIA VS SANTOSH KUMAR MEENA SON OF SHRI B.N. MEENA) Date of Order/Judgment: 03/07/2024 Issue: Whether respondent is at parity with applicants in Original application No.s 666/2016 and 28/2017 and his OA should have been allowed by CAT? Held: Parity is ill founded as other applicants were acquitted giving benefit of doubt whereas the respondent is convicted. The tribunal erred in not appreciating that the respondent was no longer in service and was dismissed. The respondent at liberty to move an application for revival of OA before tribunal in case need so arises. Petition allowed.
5
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.
