Appropriate Govt Cannot Refuse To Make Reference U/S 10 Industrial Disputes Act On Ground Of Delay: Rajasthan High Court

The Rajasthan High Court at Jaipur has held that appropriate Government cannot refuse to make a Reference under Section 10 of the Industrial Disputes Act, 1947 on the ground of delay and latches.It therefore quashed and set aside an order by which the appropriate Government had refused to make Reference to the Labour Court on the ground that the petitioner-workman raised the dispute after...

Dispute Not Resolved By Friendly Consultation As Per Agreement: Rajasthan High Court Appoints Arbitrator

The Rajasthan High Court at Jaipur recently allowed an application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator, on the ground that the Lease Agreement entered between the parties provided the mechanism to resolve the dispute by ‘friendly consultation’ and the respondent did not participate and make any effort to resolve the dispute by way...

Supreme Court Collegium Recommends Transfer Of Justice Rajnish Bhatnagar To Rajasthan High Court

The Supreme Court Collegium today reiterated its recommendation dated 10.08.2023 to transfer Justice Rajnish Bhatnagar from Delhi High Court to Rajasthan High Court.Though Justice Bhatnagar, by a representation dated 16 August 2023, requested for his retention in Delhi, the SC Collegium did not find any merit in his request and hence, it has now reiterated its recommendation to transfer him...

Rajasthan High Court Commutes Death Sentence Of Convict In Rape & Murder Case Of 4.5 Years Old Girl

The Rajasthan High Court, Jaipur Bench, has commuted the death sentence of a man convicted for rape and murder of a 4.5 years old girl, to life imprisonment. Considering the mitigating circumstances, the Court held that the convict is not a menace to society.The bench comprising Justice Pankaj Bhandari and Justice Bhuwan Goyal noted that the mitigating circumstances in favour of the Convict...

Forest Guard Exam| 'Chest Measurement Criterion For Women Is Arbitrary, Outrageous & Affront To A Woman’s Dignity': Rajasthan HC

In a significant verdict, the Rajasthan High Court has termed the recruitment eligibility criteria for the Forest Guard post, wherein women aspirants are expected to undergo chest measurement test, as 'arbitrary', 'outrageous' and an 'affront to the dignity of a woman'.Stating that the size of a woman’s chest is irrelevant for the purposes of determining her strength, the bench of...

Give Compassionate Appointment To Daughter-In-Law Who Lost Working Mother-In-Law, Husband To COVID-19: High Court To Rajasthan Govt

Granting relief to a woman who lost her mother-in-law — a senior government teacher, husband and father-in-law in quick succession, the Rajasthan High Court said that such exceptional situation requires the liberal construction of “dependent” under Rule 2 (c) of Rajasthan Compassionate Appointment of Dependent of Deceased Government Servant Rules, 1996, to include the “daughter...

Insurance Company Liable To Pay Compensation Only Under Workmen Compensation Act When Vehicle Driven By Deceased In Course Of Employment: Rajasthan HC

The Rajasthan High Court at Jaipur recently modified an award passed by Motor Accident Claims Tribunal and held that the liability of the Insurance Company would have to be restricted under the Workmen Compensation Act, 1923 and not under Motor Vehicles Act, 1988 when the vehicle in question was being driven by the deceased driver in the employment of the vehicle owner. The single judge bench...

Rajasthan High Court Expunges Adverse Entries From RTO's ACR, Says His Performance Can't Be Unsatisfactory & Outstanding In Same Year

The Rajasthan High Court recently quashed and expunged the adverse entries made in the Annual Confidential Report (ACR) for the year 2005-2006 of a Regional Transport OfficerThe single judge bench of Justice Anoop Kumar Dhand said“It is worthy to note here that ACR of the petitioner for the questioned year were filled by the Reviewing Officer and not by the Reporting Officer who was...

Rajasthan High Court Seeks Explanation From Judicial Magistrate For Refusing To Issue Certified Copy Of Order Taking Cognizance To Accused

The Rajasthan High Court has sought an explanation from a Judicial Magistrate for denying to an accused the certified copy of an order, by which it had taken cognizance for offences under Sections 467, 409 in the alternative Sections 420 and 120B of IPC against him and also issued an arrest warrant against him. The Magistrate had put a condition that the accused may inspect and apply...

Conviction In Criminal Case: Rajasthan High Court Upholds Dismissal Of Teacher For Suppression Of Facts

The Rajasthan High Court at Jaipur recently dismissed a writ petition filed by a school teacher against his termination for suppression of the material fact regarding his conviction in a criminal case.The single judge bench of Justice Anoop Kumar Dhand observed:“The question is about the credibility and the trustworthiness of the petitioner who has at every stage not only suppressed...

Sailor Recruitment | Navy Hospitals Are Specialists For Medical Examination Of Candidates, Well Equipped With Latest Equipments: Rajasthan High Court

The Rajasthan High Court at Jaipur recently dismissed a writ petition filed by a candidate who participated in the selection process for the post of ‘sailor’ in Indian Navy and was declared unfit after the medical examination.The single judge bench comprising Justice Anoop Kumar Dhand observed that Navy Hospitals are well equipped with latest instruments/equipment for testing and...

‘Statutory Provisions Are For Some Purpose, Not For Fun’: Rajasthan High Court Quashes Phone Tapping Orders

The Rajasthan High Court has quashed the three interception orders for phone tapping of a private individual, issued by authorities in the state in 2020-2021 on the ground of “public safety” in exercise of power under Section 5(2) of the Indian Telegraph Act 1885."The respondent authorities are directed to destroy the intercepted messages/recordings and its copies. Such messages shall not...