Rajasthan High Court
Terror Of ICU Duties During Covid-19 Lead To Heart Attack At Young Age: Rajasthan HC Orders State To Release Compensation To Health Worker's Wife
In a significant decision, the Rajasthan High Court has held that ‘an insurance scheme meant for a health worker’ who was fighting on the front lines during the pandemic requires ‘a wider connotation on the part of the state’. Therefore, the High Court reached the conclusion that when a health worker was on active Covid-19 duty till the time of his death due to heart attack,...
Rajasthan High Court Disposes Plea For Road Safety Audits Based On Steps Taken By Jaipur Development Authority
The Jaipur Bench of Rajasthan High Court has recently disposed off a public interest litigation filed by a not-for profit trust called ‘Muskaan’ seeking directions for conducting road safety audits (pre and post) from the designing stage itself as well as the implementation the Rajasthan Road Safety Policy, 2017. The Division bench of Justice Manindra Mohan Shrivastava and Justice...
Victim Too Has Fundamental Right To Fair Investigation & Trial: Rajasthan HC Quashes DGP’s Direction To Transfer Investigation For A Fourth Time
The Rajasthan High Court recently quashed an order of the Director General of Police, Rajasthan transferring the investigation in several connected criminal cases for a fourth time. While setting aside the said order of the DGP, the single-judge bench of Justice Birendra Kumar at Jaipur underscored that the ‘right of fair trial and fair investigation’ is the ‘right of the victim...
Rajasthan High Court Imposes Cost On Litigant For Counsel's Failure To Furnish Advance Copy Of Petition To Caveator
Rajasthan High Court has recently imposed a cost of Rs 2,000/- on a petitioner for not serving a copy of the writ petition to the caveator, i.e., the respondent employee, which was well within the knowledge of the petitioner’s counsel. The single judge bench of Justice Sudesh Bansal also noted that when the counsel for the petitioner did not dispute the receipt of the caveat, the petitioner...
Quasi-Judicial Authority Can’t Pass Non-Speaking Orders: Rajasthan HC Sets Aside Punishment Imposed On Constable Allegedly Found Intoxicated On Duty
Regarding the disciplinary action taken against a Police constable who was allegedly intoxicated while on duty, the Rajasthan High Court has recently observed that the Disciplinary and Appellate authority cannot do so without appreciating the evidence and assigning proper reasons.Justice Anoop Kumar Dhand sitting at the Jaipur Bench opined that the impugned orders were ‘totally...
Indian Trade Union Act | Appeal U/S 11 Not Maintainable Unless Registration Of Trade Union Refused Or Withdrawn: Rajasthan High Court
The Rajasthan High Court at Jaipur recently set aside an order passed by the Industrial Tribunal by which it rejected an application filed by Daikin Air Conditioning Mazdoor Union under order 7 Rule 11 of CPC for rejection of an appeal filed by the M/s Daikin Air Conditioning India Pvt. Ltd. under Section 11 of the Indian Trade Union Act, 1926, on the ground that the respondent Company cannot...
2008 Jaipur Blasts | ‘Incarceration Of 14 Yrs’, Rajasthan High Court Grants Bail To Mohammed Azmi In ‘Recovery Of Live Bomb’ Case
Citing prolonged incarceration despite acquittals in similar FIRs, the Rajasthan High Court has granted conditional bail to Mohammed Azmi, one of the accused in the 2008 Jaipur serial bomb blasts.“In Rabi Prakash’s case (Supra) the accused petitioner was in custody since the last 3.5 years… the embargo contained in Section 43 D (5)( of UAPA) would lose its significance when a case...
‘Kurkure’ And ‘Cheetos’ Classifiable As ‘Namkeen’, Not ‘Snacks’ Under VAT Act: Rajasthan High Court
The Rajasthan High Court has held that ‘Kurkure’ and ‘Cheetos’ are classifiable as ‘namkeen’, not 'snacks' under the VAT Act.The bench of Justice Sameer Jain observed that the department neither sought any technical or expert opinion nor brought any evidence on record to prove their point. It appears that the Tax Board merely relied on a basic Google search result wherein the...
Rajasthan CM Ashok Gehlot Tenders Unconditional Apology In Contempt Case Over 'Rampant Corruption In Judiciary' Remark
Rajasthan Chief Minister Ashok Gehlot submitted an "unconditional apology" to the Rajasthan High Court on Tuesday, in response to a PIL seeking contempt proceedings against him for his remarks on alleged corruption within the judiciary. Gehlot, in his written submission, clarified that his comments expressing concerns over corruption in the judiciary had been distorted and misconstrued by...
Rajasthan HC Acquits Man Wrongly Convicted & Incarcerated For 12 Yrs Over Wife's Murder; State To Pay Him ₹25 Lakhs As Compensation
The Rajasthan High Court last week set aside the conviction of a man for the murder of his wife and further directed the State Government to pay him a compensation of Rs. 25 Lakhs within 3 months for the humiliation he faced as his 12 years of life were wasted in jail due to ‘malicious prosecution’. A bench of Justice Pankaj Bhandari and Justice Bhuwan Goyal noted that though...
Scope Of Punishment Very Limited In Disciplinary Enquiry Completed Post Retirement: Rajasthan HC Sets Aside Penalty Imposed 14 Yrs After Misconduct
The Rajasthan High Court at Jaipur recently highlighted that where a disciplinary enquiry is completed after retirement, the scope of punishment of such enquiry is very limited. The court thus set aside a punishment order deducting 5% from the petitioner's pension citing that the omission on his part cannot be construed as grave misconduct so as to inflict such a penalty.Justice Anoop Kumar...