Power Of Attorney Holder Can't Mutate Assignor's Property After His Death, Execution Of POA Ends Automatically: Rajasthan High Court

The Rajasthan High Court has said that after the death of an individual, the execution of their power of attorney (POA) also comes to an end automatically, and the POA holder cannot transfer the share of the deceased assignor post their death based on the POA.The bench of Justice Anoop Kumar Dhand was hearing a petition filed against the orders of the Divisional Commissioner and the Board...

Rajasthan High Court Stays Order Imposing Fine Of ₹7.5 Lakh Per Student On Dental College For Granting Irregular Admissions

The Rajasthan High Court has stayed an order of the single bench which had imposed a fine of Rs. 7.50 Lakhs per student on Vyas Dental College for providing irregular admissions to dental students in the academic years 2018-19 and 2019-20.The division bench of Justice Munnuri Laxman and Justice Bipin Gupta was hearing the appeal filed by Vyas Dental College claiming that the such...

Acquittal In Criminal Case For Allegedly Submitting Forged Documents Doesn't Confer Eligibility For Service: Rajasthan High Court

The Rajasthan High Court upheld termination of the petitioner on allegations of submitting forged documents during appointment process, despite the petitioner being acquitted in a criminal case of forgery, fabrication and cheating instituted by the concerned department.Justice Anand Sharma said that just because the petitioner was acquitted, would not give rise to the presumption that...

Post Death Rituals Should Be Brought Under Govt Policy To Prevent Caste Discrimination, Enable Dignified Last Rites: Rajasthan High Court

The Rajasthan High Court has said that "dignity of an individual" after death is hampered due to demarcation of cremation places based on "caste" or other grounds, remarking that it was high time that the State formulated a uniform policy equally applicable to all citizens for a public place to perform post-death rituals.While hearing a petition filed by the Kanchan Patil (Mirasi) Samaj on...

DRT Has No Jurisdiction To Modify Settlement Terms In Application Filed After Disposal Of Matter: Rajasthan High Court

The Rajasthan High Court held that the Debts Recovery Tribunal (“DRT”) had no jurisdiction to rewrite/modify the terms and conditions of the One-time Settlement (“OTS”)/Settlement, in relation to an application filed after disposal of the matter based on a Consent Recovery Certificate.The bench of Justice Anoop Kumar Dhand was hearing a petition against the order of the DRT wherein...

Not Providing Separate Findings On Every Issue Framed For Trial Violates Statutory Provisions Under CPC: Rajasthan High Court

The Rajasthan High Court has set aside a Trial Court order wherein despite framing issues in the matter, no categorical issue-wise findings were recorded, and the judgment was given by recording a consolidated finding.While underscoring the significance of the steps of framing of issues and terming the matter as “quite shocking and surprising”, the bench of Justice Anoop Kumar Dhand...

'Disputed' Water Bodies Are To Be Identified By Experts, Mere Revenue Record Entries Not Enough For Verification: Rajasthan High Court

The Rajasthan High Court held that identification and protection of disputed water bodies required technical expert evaluation underscoring that mere revenue record entries were insufficient wherein ground realities are to be verified by the competent expert authority.Justice Anoop Kumar Dhand was hearing a matter wherein petitioner's right of way to his allotted mining area was rejected by...

Liquor Shop Allotment In Densely Populated Market Prima Facie Violates Articles 21 & 47 Of Constitution: Rajasthan High Court

The Rajasthan High Court has said that allotment of liquor shops in densely populated market was "prima facie" against Articles 21 and 47 of the Constitution, and directed the State to furnish an explanation with respect to such allotment and submit its Temperance Policy.The high court was hearing a petition by a holder of a liquor shop license challenging State's order directing her to...

Rajasthan High Court Cancels 2021 SI Recruitment For Irregularities; Takes Suo-Motu Notice Of Systemic Malpractices In RPSC

The Rajasthan High Court cancelled the 2021 recruitment undertaken by the Rajasthan Public Service Commission (RPSC) of candidates to the post of Sub-Inspectors, in the background of revelation of systemic irregularities–paper leak, cheating during examination, use of dummy candidates–in the conduct of the entire process.The court said that such recruitment process ought to be canceled...

Pertains To Violation Of Fundamental Rights Under Article 21: Rajasthan High Court Stays Installation Of Dairy Booth Outside Private Residence

The Rajasthan High Court appointed a Court Commissioner in a plea challenging State government's order permitting proposed installation of a dairy booth outside a private residence in Jaipur, where it was alleged that dairies are running a wholesale kirana shops or small restaurantsConsidering the matter to be having “writ large effect”, the high court directed the Court Commissioner...

Rajasthan High Court Denies Bail To Ex-Minister Accused Of Taking ₹2 Crore Bribe To Award Illegal Tenders Under Jal Jeevan Mission

The Rajasthan High Court denied bail to Congress leader and former Minister for Public Health Engineering Department (PHED) Mahesh Joshi booked in a PMLA case for allegedly colluding to facilitate grant of illegal tenders under Jal Jeevan Mission and receiving "bribe" of Rs. 2 Crores for the same as well as laundering funds. The Enforcement Directorate (ED) argued that Joshi was "prima...

Filing Application U/S 10 Of Commercial Courts Act With S.34 Petition Fulfills Requirements U/S 34 Of A&C Act: Rajasthan High Court

The Rajasthan High Court Bench of Justices Sanjeev Prakash Sharma and Chandra Prakash Shrimali has held that merely if an application filed under Section 10, Commercial Courts Act (“CCA”) does not mention Section 34, Arbitration and Conciliation Act (“ACA”) in the heading, it does not mean that the application cannot be treated as an application under Section 34, ACA....