'Highly Vulnerable Youth, Fall Into Poverty Cycle': Rajasthan High Court In PIL Over Difficulties Faced By CCLs After Leaving Shelter Homes

Taking note of letter received from the children residing at Balika Grah, Alwar, regarding severe challenges being faced by them owing to non-receipt of grant in aid due to inaction by the State, Rajasthan High Court registered a suo-moto PIL opining that transitioning from institutional care to independent living was a vulnerable phase for every kid who had spent his/her childhood in...

Arbitrator Can't Grant Relief Contrary To Terms Of Contract: Rajasthan High Court Sets Aside Award Of Compensation For Delay

The Rajasthan High Court bench comprising Justice Avneesh Jhingan and Justice Bhuwan Goyal have held that an arbitral award which grants reliefs beyond the express terms of the contract, including compensation for losses and interest where no such entitlement exists under the agreement, is patently illegal and liable to be set aside under Section 37 of the Arbitration and...

'For Larger Public Good': Rajasthan High Court Rejects PIL Against Setting Up Of Sewage Treatment Plant Near Village Court

The Rajasthan High Court dismissed a PIL filed by practicing advocates of Gram Nyayalaya, Jodhpur against the proposed construction of Sewage Treatment Plant (STP) near the village court, ruling that it was not for the High Court to decide under Article 226 which site would be more suitable for setting up the STP.A division bench of Justice Shree Chandrashekhar and Justice Sandeep Shah,...

Forcing Teacher To Impart Subject They Are Not Qualified In Violates Students' Right To Education Under Article 21A: Rajasthan High Court

Rajasthan High Court set aside the transfer of a Grade III Teacher (Social Studies) whose subject was changed to English, stating that if she is forced to impart education on a subject she is not qualified in, she may have to face adverse civil consequences like departmental proceedings.The division bench of Justice Shree Chandrashekhar and Justice Saneep Shah further held that the...

Rajasthan High Court Directs State To Decide Kota Meat Shop Owners' Plea For License Renewal, Stays Coercive Action For 4 Weeks

The Rajasthan High Court on Friday (May 30) directed the State authorities not to take any coercive action for four weeks against meat shop owners in Kota whose shops had been directed to be seized and closed by the municipal authorities. While disposing of the plea moved by certain meat shop owners of the city, the Court further directed the Respondent-authorities to decide their...

POCSO Act | “Child Specific” Procedural Safeguards Can't Be Extended To Victim Who Attains Majority During Trial: Rajasthan High Court

Rajasthan High Court has ruled that procedural safeguards under Section 33(2) and 37 of the POCSO Act are contingent on the age of the victim, and have to be confined to the statutory definition of “child”. Therefore, once a victim attains the age of majority during trial pendency, these procedural safeguards cease to apply.“While the POCSO Act is indeed a benevolent legislation,...

Board Of Revenue's Administrative Power Not Akin To High Court's Supervisory Powers Under Article 227 Constitution: High Court

Rajasthan High Court has ruled that the power of the Revenue Board provided under Section 221 of the Rajasthan Tenancy Act, 1955 (“the Act”) is only administrative in nature and not akin to the supervisory power of the High Court under Article 227 of the Constitution. Hence, in exercise of such administrative power, no decree or judicial order could be set aside.Section 221 of the Act...

Supreme Court Collegium Proposes Elevation Of 3 Advocates As Rajasthan High Court Judges

The Supreme Court Collegium, in its meeting held today, recommended the elevation of three advocates as the Judges of the Rajasthan High Court.They are :(i) Shri Bipin Gupta,(ii) Shri Sanjeet Purohit, and(iii) Shri Ravi Chirania....

Recognized Institution Bound By Mandate On Removal Of Employees Under Non-Govt Educational Institutions Act: Rajasthan High Court

The Rajasthan High Court has said that if any part of an institution was receiving a grant, then the entire institution shall be treated as aided and even if the grant was not received for a particular post, employees on such posts are entitled to protection from removal under State Non-Government Educational Institutions Act and relevant rules.Justice Anand Sharma further opined...

Limitation U/S 34(3) Of Arbitration Act Begins From Date Of Receipt Of Award When Delivery Is Undisputed: Rajasthan High Court

The Rajasthan High Court bench of Justices Avneesh Jhingan and Bhuwan Goyal has held that when the delivery of the arbitral award at the registered address is not disputed, the limitation period under Section 34(3) of the Arbitration Act cannot be suspended on the ground that the appellant became aware of the award at a later date. The limitation period must be computed from the...

'Hidden Extraneous Considerations': Rajasthan High Court Slams State For Allotting Land Meant For School To Construct Hostel

The Rajasthan High Court held that land reserved for the purpose of construction of school could not be allotted for the purpose of construction of hostel that too at a very lower reserve price of only 5%, as opposed to Rule 18 of Rajasthan Municipalities (Disposal of Urban Land) Rules, 1974 (“the Rules”).While calling the allocation as illegal and without any justification, the bench...

Faculty In Colleges Run By State Education Society Are Covered Under 2023 Hiring Of Manpower Rules: Rajasthan High Court

While granting relief to a bunch of Teaching Associates engaged under the “Vidhya Sambal Yojna” (“Yojna”) in colleges covered under the Rajasthan College Education Society (Raj-CES), Rajasthan High Court said that their engagement shall be governed under the 2023 Raj-CES Hiring of Manpower Rules, 2023 rather than the Yojna.The Yojna was introduced by the State Government to...