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No Indulgence To Inactive Party: Rajasthan High Court Refuses To Restore Suit Withdrawn On Compromise Citing Parties' Silence For 20 Yrs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...

Rajasthan High Court Grants Relief To Teachers Demoted On Ground Of 1-Year Certificate Course Not Considered Equivalent To Degree Course

Rajasthan High Court granted relief to government teachers whose promotion to the post of senior teachers was overturned on the ground that the B.A. Additional course undertaken by them for being eligible for the post was just a certificate/vacation evaluation course and not equivalent to the degree course.The bench of Justice Vinit Kumar Mathur found the decision of the State to be...

50% Teacher Posts Vacant, Deficient Infra In Govt Schools At Dhariawad: Rajasthan High Court Asks Collector, Principal Secy To Respond

In a PIL regarding deficiencies in 11 school of Dhariyabad with respect to infrastructure and teaching staff, Rajasthan High Court directed the District Collector as well as the Principle Secretary to file an affidavit detailing the steps taken towards improving the situation of vacancies in these school as well as lack of infrastructure, particularly toilets.The division bench of Justice...