Rajasthan High Court
'Pay Minus Pension' Can't Be Retrospectively Recovered From Retd Doctors Due To AIIMS Jodhpur's Ignorant Attitude: Rajasthan High Court
In pleas by retired doctors “re-employed” by AIIMS Jodhpur against imposition “Pay minus pension” rule five years after their appointment orders were issued without such condition, the Rajasthan High Court slammed the hospital for being ignorant about the law applicable upon its employees.The court was hearing a batch of petitions filed by certain doctors as well as AIIMS Jodhpur...
Arbitration Act | Notice U/S 21 Not Always Necessary If Other Party Was Aware Of Dispute: Rajasthan High Court
Rajasthan High Court ruled that since the respondent was already aware of and was not taken by surprise regarding petitioner's invocation of arbitration clause, their plea that the application for appointment of arbitrator was not maintainable since no notice was served under Section 21 of the A&C Act 1996, lacked merit.The bench of Justice Anoop Kumar Dhand also reiterated the principle...
Rajasthan High Court Grants Relief To Unani Student Whose Admission Was Cancelled For Not Submitting Open School Marksheet
The Rajasthan High Court granted relief to a student whose provisional admission in Rajashtan Unani Medical College, Jaipur, was cancelled after he could not submit original mark-sheets of clearing Biology from the Rajasthan State Open School. It was ruled that if the candidate had met substantive thresholds, strict compliance with technical formalities undermined the object of the...
Issue Of Non-Joinder In Amendment To Written Statement Holds No Weight Unless Party Is Indispensable Under Order 1 Rule 10 CPC: Rajasthan HC
While upholding Trial Court's order of dismissing application to amend the written statement, Rajasthan High Court held that the plaintiff being the master of the lis could not be compelled to include or exclude particular individuals. Hence, the issue of non-joinder in the amendment did not hold any weight unless the party was indispensable under Order 1 Rule 10, CPC.“…plaintiff is...
Rajasthan High Court Directs State To Plant Ten Times The Number Of Trees Affected By Road Widening & Beautification Work
While hearing pleas against demolition drives for road widening allegedly conducted without following procedure, the Rajasthan High Court directed the State to first count number of plants/trees which are to be removed for beautification work and road expansion, and subsequently plant trees ten times of this number in nearby public areas.Justice Anoop Kumar Dhand held that planting trees...
Rajasthan HC Upholds Admission Criteria For Ultrasound Course Under NEET PG 2024 Reserving Seats For Those From State Colleges, Govt Officials
The Rajasthan High Court upheld the constitutional validity of a State amendment to an April 22 instruction booklet issued on NEET-PG 2024, concerning the six-month Ultrasound Training Course under the Pre-Conception and Pre-Natal Diagnostic Techniques Rules (the Rules) that introduced a new eligibility criteria for admission.The Addendum brought in by the amendment stipulates a "dual...
Rajasthan High Court Stays Demand Notice Against HDFC, Cites RBI Circular Allowing Banks To Display Signboard On Premises Without Fee
The Rajasthan High Court (Jaipur Bench) of Justice Anoop Kumar Dhand, recently, passed an interim order in a writ petition filed by HDFC bank. In the interim order, the court stayed the effect and operation of a demand notice issued by the Nagar Parishad Jhunjhunu to HDFC Bank. Advocate Naman Yadav, representing the HDFC Bank, submitted that it was a banking institution governed by the...
Rajasthan High Court Quashes FIR Against Farmers Protesting Against Jawai Dam Distribution Issue, Says Water Is A Matter Of Survival For Them
Quashing FIRs against over 50 farmers stated to be "peacefully protesting" on Jawai Dam water distribution issue, Rajasthan High Court said that an individual taking to the streets to protest to safeguard their rights when their interest were affected did not imply that they had committed offences alleged under IPC and National Highways Act.The Court was hearing a batch of writ petitions...
Rajasthan High Court Quashes Order Closing Party's Evidence Citing Delay In Witness Testimony, Says 'Justice Hurried Is Buried'
The Rajasthan High Court set aside a trial court order which after allowing summoning of a witness had closed a party's evidence when the witness was not produced even after multiple opportunities, observing that "justice hurried is justice buried".Justice Arun Monga held that without proper evidence, adjudication might result in erroneous findings. Hence, the high court gave one more...
Possibility Of Accused Benefitting From Victims' Fear In Going To Police Can't Be Ignored: Rajasthan High Court Declines To Quash Rape FIRs
The Rajasthan High Court declined to quash two FIRs–one lodged in February 2024 and the other in March 2024–registered against a man accused of engaging in sexual relations with two women under the false promise of marriage.In doing so the court said that in the present case, the possibility of the accused taking benefit of the situation or fear instilled in women on reporting of...
Rajasthan High Court Upholds Mandate On Possession Of 'Crafts Instructor Certificate' For Appointment As Junior Trainer
The Rajasthan High Court dismissed the writ petitions filed challenging the constitutional validity of an amendment to the Rajasthan Technical Training Subordinate Service Rules mandating possession of relevant National Craft Instructor Certificates (NCIC)/Crafts Instructor Training Scheme (CITS) Certificate for the post of Junior Instructors.The division bench of Justice Inderjeet Singh...