Rajasthan High Court
27-Year-Old Status Quo Order Still Binding; Rajasthan High Court Holds Respondents Guilty Of Contempt
The Rajasthan High Court has held that pendency of appeal since 1999, and respondents' claim that they could not remain in regular touch with the lawyers due to long pendency, was not an acceptable justification to undertake construction on a property, in relation to which there was a subsisting direction of maintaining status quo. While holding the respondents guilty of contempt of court...
Rajasthan High Court Says State Need Not Be Impleaded In Cases Investigated By CBI, NCB, Other Central Agencies
The Rajasthan High Court has directed discontinuation of the “unnecessary” practice of impleading State of Rajasthan, in a routine manner, in all matters arising out of prosecutions by Central Investigating Agencies like CBI, CBN, NCB, etc., even though the prosecution was not being conducted by the State. While opining such practice to be a “recurring procedural irregularity”, the...
Migrants Cannot Claim SC/ST Reservation Benefits In Rajasthan Based On Caste Status In Home State: Rajasthan High Court
The Rajasthan High Court has held that if a candidate belonging to any reserved category in a State outside Rajasthan, migrated to Rajasthan and applied for a post, s/he shall be automatically considered disentitled to claim reservation-benefits and would be considered under the General category instead. The division bench of Justice Vinit Kumar Mathur and Justice Chandra Shekhar Sharma...
Appoint Administrative Member To Rajasthan Civil Services Tribunal By November 30, Else Chief Secretary Must Appear: High Court
The Rajasthan High Court has directed the appointment of Administrative Member in the State Civil Services Appellate Tribunal at Jodhpur (the “Tribunal”) on or before November 30, 2026, failing which, the Chief Secretary, Department of Personnel, has been ordered to remain present before the Court on next date of hearing. The division bench of Justice Vinit Kumar Mathur and Justice...
Placement Agency Hiring No Ground To Deny Minimum Pay Scale To Class-IV Employees: Rajasthan High Court
The Rajasthan High Court has held that employees engaged through placement agencies, working on various Class-IV posts, are entitled to get benefit of minimum of the pay-scale applicable to Class-IV employees of the government. The bench of Justice Kuldeep Mathur relied upon an order passed by a coordinate bench in Dhariya v State of Rajasthan, where in relation to similarly situated...
Order 37 CPC | Failed Settlement Can't Revive Defendant's Right To Defend Summary Suit After Service Of Summons: Rajasthan High Court
The Rajasthan High Court has set aside the order of the trial court that directed re-issuance of summons under Order 37 Rule 3 CPC, to the respondent, after the settlement entered into between the parties did not result in discharge of respondent's liabilities, in the background of the fact that summons were already issued before the parties started negotiating a compromise. The bench of...
Intervening Termination Won't Disentitle Employees From Regularisation If They Complete 10 Years' Service: Rajasthan High Court
The Rajasthan High Court has dismissed the special appeal filed by the State against a single judge's order directing regularization of the respondents, opining that an abrupt termination of the respondents by the appellants in the past was a mechanism adopted by the department to deprive employees from the fruits of regularization. The division bench of Justice Vinit Kumar Mathur and...
Rajasthan High Court Asks Authorities To Decide Rape Convict Asaram's Open Air Camp Eligibility Within 3 Weeks
While hearing rape and POCSO Act convict- Asaram's plea to be shifted to the Open Air Camp, the Rajasthan High Court has directed the competent authority on the administrative side to take a decision on the application, in light of the Court's recent full bench decision to the effect the rape/POCSO convicts are not absolutely barred from open-air camps. The division bench of Justice Arun...
Adequate, Timely Medical Facilities Intrinsically Linked To Right To Life; Healthcare Reforms Must Yield Tangible Results: Rajasthan High Court
The Rajasthan High Court has closed a PIL that raised issues regarding inadequacy of medical facilities, lack of requisite infrastructure, and failure on part of the State to ensure timely medical assistance, after taking into account the affidavit filed by the State with details of the steps taken/proposed in this regard. The division bench of Chief Justice Sanjay K. Agrawal and Justice...
NI Act | Complainant Can Appeal Against Acquittal Whether Passed By Trial Court Or Appellate Court: Rajasthan High Court
Rajasthan High Court opined that irrespective of the judgment of acquittal being passed by the Court of First instance or the Court of Appeal, where acquittal was passed in a case instituted upon a complaint, the complainant was entitled to seek the leave of the Court to prefer an appeal, subject to applicable provisions of law.Furthermore, the bench of Justice Farjand Ali granted leave to...
Missing Computation Sheet No Ground To Disregard Income-Tax Returns In Motor Accident Claim: Rajasthan High Court
While enhancing the compensation under Motor Vehicles Act from around Rs. 3.5 Lakhs to around Rs. 18.5 Lakhs, the Rajasthan High Court held that absence of computation sheets, by itself, is not a sufficient ground to disregard income tax returns of the deceased.The bench of Justice Farjand Ali observed that two successive income tax returns could also be corroborated with oral testimony of...