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Rajasthan High Court

Second arbitration application not maintainable when order of arbitrator terminating arbitral proceedings was not challenged

July 10, 2022 1314 Views 0 comment Print

Vimlesh Bansal Vs Ashok Kumar (Rajasthan High Court) The legal maxim ‘Vigilantibus Non Dormientibus Jura Subveniunt’ literally translates to ‘the law assists only those who are vigilant and not those who sleep over their rights’. The said legal maxim applies squarely to the present case where applicants did not take recourse of law available to […]

GAT Evasion case: Rajasthan High Court Grants Bail to accused

July 5, 2022 2229 Views 0 comment Print

Kamal Chand Bothra Vs Union of India (Rajasthan High Court) 1. The present bail application has been filed under Section 439 Cr.P.C. arising out of F. No.DGGI/INT/INTL/668/2022/-Gr-A-O/o ADG-DGGI-JZU-JAIPUR; Registered at Directorate General Of Goods and Services Tax Intelligence, Jaipur Zonal Office, Jaipur relating to offence punishable under Sections 132 (1) of Central Goods and Services […]

GST circular dated 31.03.202 cannot be applied to oust legitimate claim for accumulated ITC refund

July 2, 2022 2970 Views 0 comment Print

Baker Hughes Asia Pacific Limited Vs Union Of India (Rajasthan High Court) HC held that that the circular dated 31.03.2020, being a subordinate legislation, is repugnant and conflicting to the parent legislation i.e. Section 54(3)(ii) of the CGST Act and hence, the same cannot be applied to oust the legitimate claim for accumulated ITC refund […]

HC grants bail to CA arrested under Prevention of Corruption Act, 1988

July 2, 2022 2193 Views 0 comment Print

HC court is of the view that applicant-petitioner is a Chartered Accountant and not a public servant. Thus provisions of Prevention of Corruption Act, 1988Act cannot be involved against a private person alone, is a question worth consideration.

Advocate cannot be prosecuted merely for rendering a legal advice/opinion

June 30, 2022 13725 Views 1 comment Print

Gopi Kishan S/o Shri Chagan Lal Vs State Of Rajasthan (Rajasthan High Court) The case of petitioner-Rani Dan, Advocate, when seen in light of the precedential backdrop, and more particularly when it is apparent on the face of the record that the role of the said petitioner, in the present case, was exercised only as […]

Citizenship cannot be decided based on Definition of ‘Resident’ under Income Tax Act

June 24, 2022 1110 Views 0 comment Print

Explore the residency dispute in Smt. Kamla vs Hindustan Petroleum Corp. Detailed analysis of the court view on residency criteria under Foreign Exchange Management Act and Income Tax Act.

Constitutionality of First Proviso to Section 148 – Rajasthan HC Issues Notice To Govt

June 21, 2022 1365 Views 0 comment Print

Maya Rathi Vs ITO (Rajasthan High Court) We find that the validity of first proviso to Section 148 of Income Tax Act, 1961 has been assailed on the ground that the explanation ‘income chargeable to tax has escaped assessment’, has been restricted in its meaning under the explanation-1 to that provisions. Learned counsel for the […]

Mere Earning by wife not Dis-Entitle her from Claiming Maintenance

June 21, 2022 5925 Views 0 comment Print

Neha Mathur Vs Dr. Arvind Kishore (Rajasthan High Court) Court holds that merely the fact that the wife is earning would not dis-entitle her from the maintenance. The husband himself has taken the divorce on 29.04.2015, fact not in dispute, and therefore, the charge of desertion cannot become a ground so as to enable the […]

Arbitration & SARFAESI Act Proceedings can be Resorted Simultaneously

June 18, 2022 6582 Views 0 comment Print

Om Prakash Kumawat Vs Rekha Kumawat (Rajasthan High Court) In case of Indiabulls Housing Finance Limited , the Apex Court, after appreciating Sections 35 & 37 of the SARFAESI Act, held that arbitration proceedings and proceedings under the SARFAESI Act can be resorted to simultaneously Contention of learned counsel for the petitioners that in view […]

Section 148 notice- HC directs dept to follow SC Judgment

June 16, 2022 2748 Views 0 comment Print

Raghav Trading Corp Vs ITO (Rajasthan High Court) When this case came up for hearing today, learned counsel for the parties jointly submitted that the issue raised in this petition would be covered by order dated 04.05.2022 passed by the Hon’ble Supreme Court in the case of Union of India & Others Vs. Ashish Agarwal […]

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