Rajasthan High Court
Rajasthan High Court Flags Plight Of First-Gen Lawyers, Orders Creation Of Junior Advocates Welfare Fund For Purchasing Law Books
The Rajasthan High Court recently flagged the difficulties faced by young, first generation advocates and directed creation of a Junior Advocates Welfare Fund to facilitate purchase of law books by junior advocates of less than 28 years of age, having a practice of 1-5 years.The bench of Justice Anoop Kumar Dhand observed that the first generation young lawyers had no support to establish...
'Right To Life Includes Safe Highways': Rajasthan High Court Orders Removal Of All Encroachments Including Religious Ones Within 2 Months
While taking judicial notice of large-scale encroachments, including religious structures, within the Right of Way (ROW) of National Highway across Rajasthan, the High Court has directed their removal or suitable relocation within a period of 2 months.The division bench of Dr. Justice Pushpendra Singh Bhati and Justice Sandeep Shah observed that the lack of inter-department coordination...
Rajasthan HC Acting CJ Orders Action Against 8 Judicial Officers After Finding Them Absent During Surprise Inspection At District Court
In a significant administrative action, the Acting Chief Justice of the Rajasthan High Court, Acting Chief Justice Sanjeev Prakash Sharma, conducted a surprise inspection of the District Court at Jodhpur today and found eight judicial officers—including the District & Sessions Judge—absent from the dais during court hours in the morning.During the inspection, several courtrooms were...
Bar On Second Revision Petition Can't Be Circumvented By Clever Drafting: Rajasthan High Court Dismisses NI Act Plea
The Rajasthan High Court has reiterated that a second revision petition is not maintainable and mere clever drafting or change in nomenclature at the time of filing can't circumvent the law.Justice Farjand Ali remarked, "The transformation in procedural attire cannot alter the juridical character of the proceedings...The true nature of a proceeding is to be determined by the essence of the...
BDS Degree Not Equivalent To 'Degree In Medicine' For Food Safety Officer Post: Rajasthan High Court
The Rajasthan High Court has rejected a petition filed by an aspirant for the post of Food Safety Officer, opining that the issue regarding equivalence of a bachelor's degree in Dental Surgery (BDS) to a degree in Medicine was already answered in negative by an expert committee, and hence, there was no scope of interference by the Court in the same. The bench of Justice Anand Sharma further...
Financial Constraints Of State Road Transport Corporation No Defence To Deny Lawful Dues Of Workman: Rajasthan High Court
While hearing the petition moved by a retired employee of the Rajasthan State Road Transport Corporation aggrieved due to non-payment of dues against weekly rest for almost 13 years, Rajasthan High Court observed that any rightful claim of workman could not be denied on the ground that RSRTC did not have sufficient funds.The bench of Justice Ashok Kumar Jain held that RSRTC might be...
Pain & Suffering Not Measurable: Rajasthan High Court Enhances MACT Award For Mental Agony Citing Prolonged Treatment, Permanent Disability
The Rajasthan High Court has enhanced the compensation awarded by the Motor Accident Claims Tribunal to a claimant under the head of mental agony from Rs. 13,000 to Rs. 50,000 taking into account the duration for which the petitioner had to be hospitalized followed by his 6 months leave from work. The bench of Justice Anoop Kumar Dhand opined that pain and suffering qualified as...
Rajasthan HC Orders DNA Test Of 93-Year-Old To Determine Daughter's Maternity In Property Dispute, Says No Presumption Of Maternity In Law
While terming it a “rarest of rare cases” where the mother was denying a child to be her's, Rajasthan High Court directed a 93 year old woman to undergo DNA test, to determine maternity of the petitioner who was claiming share in her father's ancestral property. The bench of Justice Bipin Gupta expressed astonishment over the situation, and referred to the provisions under Indian...
Rajasthan High Court Orders Full Back Wages For Employee Who Was Wrongfully Compulsorily Retired, Slams 'No Work, No Pay' Argument
The Rajasthan High Court directed the State to pay salary and wages to the petitioner for the period of his compulsory retirement following the decision of the appellate authority that set aside the order of compulsory retirement after finding that the petitioner's past service records were not so poor to warrant such action. The bench of Justice Praveer Bhatnagar made reference to a...
Public Servant Can't Exit Service By Resignation To Frustrate Disciplinary Inquiry: Rajasthan High Court Upholds Dismissal
The Rajasthan High Court has dismissed a petition filed by an RAS officer challenging rejection of his resignation by the State as well as an order imposing penalty of removal from service, opining that considering the conduct of the petitioner, the State's actions did not suffer from any legal infirmity. The bench of Justice Anand Sharma held that no vested or automatic right was created...
Daily-Wage Workers Can't Afford Unpaid Weekly Offs: Rajasthan HC Rejects 26-Day Wage Formula, Seeks Correction Of Govt Order
While underscoring the ground realities of working conditions for daily-wage workers, Rajasthan High Court held that not every daily wage worker received paid-rest day every week. Hence, they cannot afford such unpaid rest day. Therefore, calculation of a daily wage worker's monthly wage should not happen based on 26 days, rather than 30 days. The bench of Justice Anoop Kumar Dhand observed...
Presumption Favors Claimant In Railway Accident Claims; Non-Recovery Of Ticket Not Fatal: Rajasthan High Court
The Rajasthan High Court has set aside an order of the Railways Claims Tribunal that rejected a claim filed by the petitioner in relation to her son's death, opining that whenever any untoward incident happens within the Railway premises or any railway track, the presumption lies against the Railway Authorities unless any evidence is submitted, suggesting otherwise. The bench of Justice...