Rajasthan High Court
Rajasthan HC Orders Formation Of 'Grievance Redressal Cells' In All Govt Departments To Decide Public Representations, Comply With Judicial Orders
Reprimanding the State for blatantly disregarding the court directions in a plea for regularization of a particular plot, Rajasthan High Court has mandated forming of 'separate' Grievance Redressal cells in all state departments to ensure compliance with court orders.The single-judge bench of Justice Anoop Kumar Dhand also directed the State's Chief Secretary to make sure that such cells...
Rajasthan High Court Dismisses PIL Seeking Live Streaming Of Court Proceedings
Rajasthan High Court has refused to issue directions for the live streaming of court proceedings and rejected a public interest litigation filed seeking issuance and directions for the same.The Division Bench of Chief Justice Manindra Mohan Shrivastava and Justice Bhuwan Goyal dismissed the PIL filed by one Mr. Harshit Dudawat by taking the stand that video conferencing facilities are...
Adults Willingly Engaging In Sexual Relations Outside Marital Setting Constitutes No Offence: Rajasthan High Court
The Rajasthan High Court recently observed that if two adults willingly engage in sexual relations outside of marriage, no statutory offence gets constituted.A bench of Justice Birendra Kumar opined thus while emphasizing that unless someone marries during the lifetime of his/her spouse, only marriage-like relationships such as living-in-relationship would not come within the mischief of...
'VC Facility Being Provided To All Litigants': Rajasthan HC Disposes PIL Plea Seeking Live Streaming Of Court Proceedings
The Rajasthan High Court (Jaipur Bench) recently disposed of a Public Interest Litigation (PIL) plea filed before it seeking live streaming of the court proceedings.A bench of Chief Justice Manindra Mohan Shrivastava and Justice Bhuwan Goyal noted that since the Court was already providing a video conferencing facility to all the litigants, the PIL plea deserved no action."Taking...
S.14 SARFAESI Act Confers Ministerial Powers On Magistrate, Not Required To Adjudicate Disputes Qua Secured Asset: Rajasthan High Court
Rajasthan High Court has recently held that the powers of a CMM/DM under Section 14 of the SARFAESI Act are ministerial and do not allow adjudication of a dispute regarding the secured asset that subsists between the borrower, secured creditor or any third party.The single-judge bench of Justice Anoop Kumar Dhand underscored that the 'satisfaction of the magistrate' as contemplated in Section...
Pollution Control Board Recruitment: Rajasthan High Court Asks State Why State Public Service Commission Not Appointed As Exam Agency
Rajasthan High Court has recently asked the State Pollution Control Board to answer why it chose IBPS instead of RPSC as the examination agency for filling vacancies in the posts of Legal Officer, Junior Scientific Officer and Junior Environmental Engineer.The single-judge bench of Justice Sameer Jain also asked the Pollution Control Board to explain in its affidavit why the appointment...
Issuance Of Summons Is Not Initiation Of Proceedings Referable To Under Section 6(2)(B) Of CGST Act: Rajasthan High Court
The Rajasthan High Court, Jaipur Bench, has held that issuance of summons is not initiation of proceedings referable to under Section 6(2)(b) of the CGST Act.The bench of Justice Pankaj Bhandari and Justice Shubha Mehta has observed that the scope of Section 6(2)(b) and Section 70 of the CGST Act is different and distinct, as the former deals with any proceedings on subject matter, whereas...
Challenge Of Compensation Under National Highways Act, 1956 Fall Under Arbitration And Conciliation Act, 1996: Rajasthan High Court
The Rajasthan High Court single bench of Justice Rekha Borana held that determination of compensation under National Highways Act, 1956 can be challenged before the arbitrator appointment by the Central Government. The bench held that challenges to such determination fall under the Arbitration and Conciliation Act, 1996. Brief Facts: The Appellant approached the Rajasthan...
Rajasthan High Court Suspects Forgery In Vakalatnama Of Joint Petition, Directs Judicial Registrar To Check Veracity Of Petitioners' Signatures
Suspecting that a single vakalatnama consisting of the signatures of 101 petitioners in a joint petition is forged, the Rajasthan High Court has directed the Registrar (Judicial) to investigate whether the petitioners themselves have affixed their signatures.The single-judge bench of Justice Dinesh Mehta directed that the petitioners' counsel should inform all petitioners to be present before...
'It's His Fundamental Right': Rajasthan High Court Allows Asaram Bapu To Avail Ayurvedic Treatment In Police Custody
The Rajasthan High Court on Thursday allowed self-styled godman Asaram Bapu to get ayurvedic treatment at 'Arogayadham Center' at Jodhpur in police custody.A bench of Justice Dinesh Mehta and Justice Vinit Kumar Mathur passed this order on a plea moved by Asaram while stating that the right to get appropriate treatment is his fundamental right and the same needs to be protected."We,...
[Rajasthan Excise Act] Bar U/S 69 On Release Of Seized Vehicle Applies To Vehicle Carrying Contraband, Not To Escorting Vehicle: High Court
Rajasthan High Court has iterated that the embargo under Section 69 of the Rajasthan Excise Act, 1950 on the powers of a criminal court won't be applicable when the seized vehicle was merely an escort for the vehicle that was originally carrying the contraband. The single judge bench of Justice Sudesh Bansal also clarified that the bar under Section 69(6) preventing the release of seized...
Can Officer Below ASI Rank Probe Cognizable Offences? Rajasthan High Court Refers Matter To Larger Bench
While disagreeing with the decision rendered by a co-ordinate bench earlier, a single judge bench of Rajasthan High Court has referred to a larger bench the issue of whether a police officer below ASI rank could investigate a cognisable offence or not.The single judge bench of Justice Anil Kumar Upman opined that Section 157 Cr.P.C. read with Rule 6.1 of the Rajasthan Police Rules, 1961...