Rajasthan High Court
Rajasthan High Court Takes Suo-Motu Cognizance Of Dog Bites, 'Menace' Of Stray Animals On Public Roads
The Rajasthan High Court has taken suo moto cognizance of the dog bite incidents in the state, and the menace of stray animals on public roads and highways causing multiple deaths in the state. The court took note of a news reports in various newspapers reporting incidents of dog-bites in Rajasthan, one of which referred to a report published by the Press Information Bureau, which is...
Only Civil Courts Can Decide Disputes Regarding Cancellation Of Voidable Sale Deed Concerning Agricultural Land: Rajasthan High Court
The Rajasthan High Court has held that in case allegations in a plaint make out a case of the transfer of a property being voidable, only the civil courts shall have jurisdiction, and not the revenue courts, irrespective of the disputed property being an agricultural land and a bar on the same under Section 207 of the Rajasthan Tenancy Act, 1955 (“the Act”).Section 207 of the Act lays...
Pink City Or Sink City? Rajasthan High Court Takes Suo Motu Notice Of 'Pathetic' Road Conditions In Jaipur
Taking note of the news paper reports detailing pathetic condition of public roads in Jaipur, Rajasthan High Court has initiated a suo-motu case to ensure that the 'Pink City', renowned globally for its rich heritage, does not turn into a 'sink city' crumbled under its infrastructural problems.The bench of Justice Pramil Kumar Mathur opined that failure to maintain basic civil...
No Indulgence To Inactive Party: Rajasthan High Court Refuses To Restore Suit Withdrawn On Compromise Citing Parties' Silence For 20 Yrs
Rejecting a time-barred restoration application filed by two out of nine plaintiffs in the original suit pertaining to a property dispute which was dismissed based on compromise, the Rajasthan High Court said that the silence of the remaining seven plaintiffs for over 2 decades was seen as acquiescence and tacit endorsement.Justice Arun Monga was hearing the appeal filed against Trial...
Ordering Police Custody Of Land Without Specific Duration In Absence Of Pending Case 'Illegal': Rajasthan High Court Quashes S.145 CrPC Order
While setting aside attachment proceedings over a disputed property Rajasthan High Court held that if the land in question belonged to a private individual, passing an order that failed to specify duration of police custody of the land rendered the direction illegal, vague and unsustainable.Justice Farjand Ali further observed that continues possession of the land by the police in absence of...
Party Entitled To Court Fee Refund When Settlement Happens At Appellate Stage: Rajasthan High Court Orders Issuance Of Refund Certificate
Rajasthan High Court set aside an order of the Trial Court that rejected petitioner's application seeking refund of Court Fees in light of settlement on the ground that the settlement was reached at the appellate stage after decree was passed by the trial court.The bench of Justice Arun Monga observed that the district judge seemed to have committed a grave error in interpreting the provision...
Pendency Of Criminal Case U/S 498A IPC Not Ground To Deny Permission To Travel Abroad For Haj: Rajasthan High Court
Rajasthan High Court allowed an application by an accused charged under Section 498A, IPC, to travel to Mecca-Madina for performing the religious rituals of Haj, for a period of two months, opining that denying permission to travel abroad for religious purposes, owing to pendency of criminal case under the provision amounted to violation of right under Article 21.While issuing a...
DM's Adjudication On Borrowers' Claims In Application U/S 14 SARFAESI Act 'Totally Unwarranted': Rajasthan HC Flags Non-Compliance Of SC Orders
The Rajasthan High Court has expressed displeasure over the order by a District Magistrate, who, while allowing an application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the “SARFAESI Act”), attached a condition of non-execution in case of any dispute regarding title/possession over the property.Section 14...
No Negative Parity: Rajasthan High Court Rejects Municipal Official's Plea Claiming Co-Signatory To Illegal Title-Deeds Was Not Acted Against
The Rajasthan High Court dismissed a plea by Chairperson of a Municipal Council suspended for allegedly misusing her position to "illegally" grant title-deeds in favour of persons known to her, observing that the official cannot claim immunity on the ground that no action was taken against another official who had also signed the title deeds. The bench of Rajasthan High Court rejected...
Payment Of Rent From Partnership Firm's Account Doesn't Make It A Tenant When Tenancy Was Entered Into By Partners Individually: Rajasthan HC
The Rajasthan High Court has held that merely on account of rent payment through the bank account of a partnership firm, the latter did not automatically become the tenant when the tenancy agreement was entered into with the partner(s) of that firm and not the partnership firm itself.Justice Anoop Kumar Dhand opined that even though, in general law, the “partnership firm” was not a...
Classroom Ceiling Collapsed, 7 Children Dead: Rajasthan High Court Takes Suo Motu Cognizance On Infrastructural Issues In Schools
The Rajasthan High Court has taken suo-motu cognizance of a news report on the death of 7 children and injuries being suffered by many others, on account of collapse of ceiling and wall of a class room in a Government School in Rajasthan.Opining the event as “nerve shocking, heart breaking and society rocking”, the bench of Justice Anoop Kumar Dhand observed that a safe and secure...
Major Dependant Children Entitled To Compensation Under MV Act, Dependency Of Married Children To Be Seen Carefully: Rajasthan High Court
While rejecting an insurance company's plea challenging Motor Vehicle Claims Tribunal's award granting over Rs. 66 Lakh compensation to a 58-year-old deceased government servant's kin, the Rajasthan High Court reiterated that adoption of the split multiplier method for calculating compensation was impermissible in law.The court further reiterated that major dependant children are entitled...