Denial Of Compensation Under A Particular Head Under NH Act Can Be Arbitrated: Rajasthan High Court

The Rajasthan High Court has held that the expression “amount determined” under the National Highways Act includes even cases where compensation is completely denied under a particular head, allowing landowners to challenge such decisions before an arbitrator. Justice Sanjeet Purohit ruled, “The expression 'amount determined' cannot be confined to the narrower meaning of 'amount quantified.' Determination is a process whereby a claim is examined in light of the material available on record and...

After Supreme Court Coal Block Ruling, Rajasthan High Court Restores Awards In Favour Of Parsa Kente Collieries

The Rajasthan High Court has effectively restored arbitral awards in favour of Parsa Kente Collieries Ltd. in its dispute with Rajasthan Rajya Vidyut Utpadan Nigam Ltd. The dispute concerned reimbursement of additional costs incurred after the Supreme Court's cancellation of coal block allocations and the subsequent continuation of the mining arrangement.In 2014, the Supreme Court had quashing coal block allocations across India, holding them arbitrary and illegal.A Division Bench of Acting...

Rajasthan HC Sets Aside 10-Year-Old Decree Restricting Use Of 'METRO ENGINE' Mark, Orders Fresh Trial

The Rajasthan High Court on 19 May set aside a 2016 Trial Court judgment that had restrained Dhanvarsha Oil Mills from using the mark “METRO ENGINE” for its mustard oil products. Justice Sameer Jain held that registration of a trademark under Section 31 of the Trade Marks Act only raises a rebuttable presumption of validity and cannot, by itself, sustain a decree for infringement without a full trial on contested issues and remanded the suit for fresh adjudication on a de novo basis. He...

Rajasthan High Court Denies Bail In Rs 2.67 Crore Franchise Fraud, Cites Pattern Of Misconduct

The Rajasthan High Court denied bail to the director of Taskar Global Pvt Ltd, accused of inducing people to invest large sums in a franchise business by falsely promising high returns and a profitable business model. Justice Praveer Bhatnagar was hearing bail applications filed by the accused in connection with two FIRs registered over allegations that he, along with others, persuaded complainants to invest money by promising franchise rights in a healthcare business. The prosecution argued...

Rajasthan High Court Stays Parallel GST Proceedings, Says Only One Officer Can Initiate Action on Same Matter

The Rajasthan High Court has stayed parallel GST proceedings and recovery action against a Jaipur-based exporter after finding prima facie that tax authorities may have initiated duplicate proceedings for the same financial year. A division bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Bipin Gupta issued notice to the department and observed that under the GST law, only one proper officer can initiate proceedings on the same subject matter. “Considering the provisions of...

Rajasthan VAT Act Permits Search Of Residential Premises In Tax Evasion Cases: Rajasthan High Court

The Rajasthan High Court has recently held that the Rajasthan Value Added Tax Act does not prohibit searches at residential premises, provided the statutory requirements for search and seizure are strictly fulfilled. A Division Bench of Justice Arun Monga and Justice Sunil Beniwal referring to Section 75 of the Rajasthan Value Added Tax Act, 2003 observed, “Thus, the statute does not prohibit search of residential premises as such; however, the exercise of such power is conditioned upon strict...

Rajasthan High Court Upholds GST Penalty Order Despite Absence Of DIN, Says RFN Is Sufficient

The Rajasthan High Court has held that a GST order communicated through statutorily recognised modes such as the GST portal, registered post or e-mail cannot be invalidated merely because it does not mention a Document Identification Number (DIN), where the communication carries a verifiable Reference Number (RFN). “Once service has been effected in any of the recognised statutory modes, we are of the view that the requirement of lawful communication clearly stands satisfied,” a division bench...

Sports Association Election Disputes Under Rajasthan Sports Act, 2005, Must Go Through Arbitration: Rajasthan HC

The Rajasthan High Court has recently held that disputes touching the constitution, management, or election of a sports association are required to be resolved through the statutory mechanism of conciliation and arbitration under the Rajasthan Sports (Registration, Recognition and Regulation of Association) Act, 2005, and not by invoking the writ jurisdiction of the court. A Division Bench of Justice Inderjeet Singh and Justice Ashok Kumar Jain allowed a special appeal filed by the Rajasthan...

Rajasthan High Court Grants Electricity Duty Exemption For UltraTech's Captive Power Under Solar Policy 2019

The Rajasthan High Court has held that electricity duty exemption on captive consumption of solar power promised under the Solar Policy, 2019 cannot be withdrawn retrospectively so as to divest accrued rights, ruling that UltraTech Cement Ltd. and other petitioners are entitled to the benefit for projects commissioned prior to the amendment.A Division Bench of Justice Arun Monga and Justice Sunil Beniwal delivered the judgment. The dispute traces back to the State's amendment of the Solar...

When Can Arbitral Awards Be Set Aside? Rajasthan High Court Lays Down Principles To Check Perversity

While underscoring that the Arbitration and Conciliation Act, 1996 was enacted to ensure effective and expeditious resolution of disputes, the Rajasthan High Court expressed concern over the increasing trend of arbitral awards being challenged “as if an appeal has been filed.” A division bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Shubha Mehta dismissed an appeal filed by the State of Rajasthan against an order of the Commercial Court which had rejected its objections under...

Rajasthan High Court Defreezes Accounts As GST SCN Only Uploaded On Portal, Never Served

The Rajasthan High Court has directed de-freezing of the bank accounts of business entities and their proprietors from Sawai Madhopur after noting their submission that the SCN concerning their GST liability was only uploaded on the portal without being served through any other prescribed mode. Granting interim relief, a division bench of Justice Mahendra Kumar Goyal and Justice Bhuwan Goyal said it would be just and proper to allow operation of the accounts, subject to the deposit of 10% of...

Bill Of Entry Amendment After Search Permissible Under Customs Act: Rajasthan High Court Upholds Relief To Ceramic Tableware

The Rajasthan High Court has recently observed that amendments in the Bill of Entry can be made even after a search is conducted, and such amendments cannot be refused merely because the error was detected by the department and not disclosed suo motu by the importer. A division bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Sangeeta Sharma said that the purpose of Section 149 of the Customs Act, 1962 is to ensure proper assessment and that the power to allow amendment must be...