'Intention' Essential Ingredient Of Slaughter: Rajasthan HC Grants Relief To Company Manager For Allegedly Dumping Polythene On Grazing Ground

The Rajasthan High Court recently quashed the criminal proceedings initiated against the Deputy General Manager of a company for allegedly dumping polythene at a grazing ground, thereby "slaughtering" six of complainant's cattle.The single judge bench comprising Justice Farjand Ali noted that Section 3 of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary...

Plea For Mesne Profit To Be Rejected If No Evidence Of Wrongful Possession, Not Sought In Original Suit: Rajasthan High Court

The Rajasthan High Court recently held that a plea for mesne profit can be rejected if such relief was not specifically sought in the original suit and there was no evidence indicating wrongful possession by the appellant or any profitability associated with the use of the property.Justice Rekha Borana thus confirmed an interim order granting possession of a property to the appellant until...

DISCOMS As State Bodies Duty Bound To Protect Consumers' Interests: Rajasthan High Court

The Rajasthan High Court has recently held that Distribution Companies (DISCOMS), as bodies of the State government, have the duty to protect the interests of consumers.Justice Pushpendra Singh Bhati thus held that the imposition of the Special Fuel Surcharge beyond the original principal amount is deemed unjustified in the eyes of the law. "This Court also observes that the...

Rajasthan High Court Stays Cess Demand Against Hotelier, Who Is A Subsequent Purchaser

The Rajasthan High Court has stayed the cess demand against the hotelier, who was the subsequent purchaser.The bench of Justice Arun Monga acknowledged the fact that the cess can be levied only on the original owner, and the petitioner/assessee, being the subsequent purchaser, cannot be fastened with past liability.The petitioner/assessee, along with his two partners, purchased a property...

Justice MM Shrivastava To Serve As Acting Chief Justice Of Rajasthan High Court

The Central Government on Thursday notified the appointment of Justice Manindra Mohan Shrivastava as the Acting Chief Justice of the Rajasthan High Court. The said appointment of the Justice Shrivastava came after the elevation of the Chief Justice Augustine George Masih as a Judge of the Supreme Court. “In exercise of the power conferred by Article 223 of the Constitution of India,...

Illegal To Withhold Employee's Pension, Gratuity Particularly When Already Enrolled In An Old Pension Scheme: Rajasthan High Court

The Rajasthan High Court recently directed a Municipal Corporation to release an employee's pension and gratuity payments holding that withholding such benefits was illegal, unjust and arbitrary. Justice Anoop Kumar Dhand added that the Corporation asking him to choose between the New Pension Scheme and Old Pension Scheme, given the petitioner's prior enrolment in the Old Pension Scheme was...

Maternity Leave Can't Be Denied To Mother Who Has Begotten Children Through Surrogacy: Rajasthan High Court

In a significant order, the Rajasthan High Court has clarified that a natural biological mother, and a mother who has begotten a child through surrogacy cannot be differentiated for the purpose of granting maternity leave.The single-judge bench of Justice Anoop Kumar Dhand also opined that babies newly born through the process of surrogacy cannot be left at the mercy of others, and they...

Constable Dismissed On Bribery Complaint Gets Relief After Death; Rajasthan High Court Sets Aside Punishment Citing Lack Of Enquiry

The Rajasthan High Court has set aside the dismissal order of a deceased Head Constable who was allegedly caught on an audio clip demanding bribe for release of a vehicle carrying liquor.The single judge bench of Justice Anoop Kumar Dhand noted that the dismissal order was passed without holding enquiry or following the procedure contained under the Rajasthan Civil Services...

Rajasthan High Court Strikes Down Restriction Placed On Govt School Teachers’ Appointment After Declaration Of Results

Rajasthan High Court has recently struck down a clause incorporated in the appointment orders much after the declaration of results, which in turn, restricted the relieving of incumbent teachers currently working at Government English Medium Schools who had earlier duly qualified for appointment at other schools.The single-judge bench of Justice Arun Bhansali also pointed out that the issuance...

Rajasthan High Court Refuses Bail To Accused In Jail Since 9 Yrs Over Alleged Links With Indian Mujahideen, Says No Unnecessary Delay In Trial

Rejecting the bail applications filed by two accused incarcerated for over 9 years for their alleged participation in terrorist activities by being associated with Indian Mujahideen, Rajasthan High Court has observed that the evidence available with the prosecution prima facie indicates their role in the commission of alleged offences.The single-judge bench of Justice Kuldeep Mathur noted that...

Employer Cannot 'Hire And Fire' Even If Employee Is Accused Of Misconduct Sans Fair Opportunity Of Hearing: Rajasthan High Court

The Rajasthan High Court recently set aside an order issued by the State Government that dismissed a Physical Education Teacher (PET) from service allegedly for furnishing a forged sports certificate for getting appointment, on the ground that the said teacher was not given any notice of charge-sheet and there was no enquiry conducted against him.The single judge bench of Justice Anoop...

Medical Officer Recruitment| Grant Of Benefit Of Bonus Marks For Covid Related Duty Policy Decision Of The State: Rajasthan High Court

Rajasthan High Court has recently refused to issue any directions to the state government for granting bonus marks to a group of doctors who appeared in the examination for appointment to the post of medical officers on the sole ground that they have partaken in Covid-related duty.“…The matter related to grant of benefit of bonus marks is a policy decision of the concerned government...