Rajasthan High Court
Rajasthan High Court Monthly Digest: April 2025
Citations: 2025 LiveLaw (Raj) 125 To 2024 LiveLaw (Raj) 160NOMINAL INDEXM/s Fortune Infovision Pvt. Ltd. & Ors. v Commissioner of Income Tax 2025 LiveLaw (Raj) 125Rajesh Kumar v State of Rajasthan & Ors. 2025 LiveLaw (Raj) 126Management Committee, Bharatiya Vidya Bhavan Vidyashram & Anr.v Rameshwar Lal Meena & Anr., and other connected petitions 2025 LiveLaw (Raj) 127Gas...
Arbitral Award Can't Be Set Aside Over Insufficient Stamping Without Opportunity To Cure Defect: Rajasthan High Court
The Rajasthan High Court bench of Justices Avneesh Jhingan and Bhuwan Goyal has held that when a court, in proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) finds that the agreement to sell, on which the arbitration was initiated, is insufficiently stamped, it must provide the party an opportunity to cure the defect by impounding...
Refund Of Liquidated Damages Imposed By Party Responsible For Delay In Work Can't Be Interfered With U/S 37 Of Arbitration Act: Rajasthan High Court
The Rajasthan High Court bench of Justices Avneesh Jhingan and Bhuwan Goyal has held that the imposition of liquidated damages by a party primarily responsible for the delay in completion of the work is unjustified. Therefore, the arbitrator's direction to refund such damages cannot be interfered with, given the limited scope of appellate intervention under Section 37 of the Arbitration...
'False Rape Accusations Not Uncommon': Rajasthan High Court Acquits Convict Citing Animosity Between Parties, Lack Of Medical Evidence
Setting aside the Trial Court's order, Rajasthan High Court acquitted a rape convict, opining that since false accusations were not uncommon, judiciary had to exercise prudence and discernment, particularly in cases involving serious allegations like rape. It was held that such charges may be motivated by motives like revenge, extortion or evasion of financial obligations.The bench of...
'Very Serious Issue': Rajasthan High Court Takes Suo-Motu Cognizance Of News Report On 16 Non-Functioning Lok Adalats
The Rajasthan High Court on Tuesday (May 13) took suo moto cognizance of a Dainik Bhaskar news report which claims that owing to an order passed by the State Government on April 9 as many as 16 permanent Lok Adalats are not functioning, terming it as a “very serious issue concerning Access to Justice”.The division bench of Justice Shree Chandrashekhar and Justice Sandeep Shah in its...
Rajasthan HC Directs IDBI Bank To Refund ₹58 Lakh To Victim Of Cyber Crime, Directs Action Against Those Selling Customer's Data
Granting relief to a victim of digital fraud who lost Rs. 58 Lakh from his IDBI bank account due to unauthorized electronic transactions, the Rajasthan High Court directed the bank to refund the entire amount with interest in view of the “Zero Liability” direction by RBI in its July 6, 2017 circular.As per the Circular, in the event of any unauthorized transactions in anyone's bank...
Rajasthan HC Retains Sexual Harassment Charge Against Man For Showing Adult Videos To Child, Says Intent To Be Assumed When Harassment Is Proved
Rajasthan High Court ruled that comprehensive reading of Sections 11 and 30 of POCSO Act reflected that in prosecution for sexual harassment, the Special Court was mandated to presume existence of the sexual intent once the prosecution had proved commission of the act constituting sexual harassment.These observations were given by Justice Manoj Kumar Garg while hearing a revision petition...
Rajasthan HC Orders Evaluation Of Class 10 General Student's Answer Sheet Wrongly Given Question Paper Meant For Special Needs Children
While hearing a petition by a Class 10th Student who was given a wrong question social science question paper by the invigilator, the Rajasthan High Court directed the evaluation of the student's answer sheet treating her as a general/ordinary student observing that she should not suffer due to the invigilator's mistake.Justice Anoop Kumar Dhand was hearing a plea by a general category...
'Termination In Service Law Like Capital Punishment': Rajasthan HC Quashes Order Removing PT Instructor Based Only On Show-Cause Notice
While directing reinstatement of a government employee terminated without charge sheet or disciplinary inquiry, the Rajasthan High Court said that an order of termination in service law is akin to capital punishment which can be passed only after holding a proper inquiry to prevent punishment of innocent persons.Justice Vinit Kumar Mathur was hearing a petition filed by a Physical...
Rajasthan High Court Lawyers' Association Writes To CJ Seeking No-Work Period Till May 16 Over 'Volatile' Cross-Border Situation
Update: In light of subsequent developments, the lawyers association has decided to withdraw its representation for no-work, and will continue functioning as normal from today onwards.Rajasthan High Court Lawyers' Association (“Association”) has requested the Chief Justice of Rajasthan High Court to declare “No Work” period for a duration of 5 days commencing from May 12, 2025, in...
Can't Compute Damages Based On Minimum-Wage Approach: Rajasthan HC Enhances Compensation To Kin Of Deceased MBBS Student To ₹1 Crore
Enhancing the compensation awarded by Motor Accidents Claims Tribunal to the kin of a deceased second year MBBS student from around Rs.12 Lakhs to over Rs.1 crore, the Rajasthan High Court said that computing deceased's income prospects based on the standard of minimum wage of skilled worker was wholly unrealistic, unduly pedantic and hypertechnical.Justice Arun Monga opined that while...
Doctors Won't Presumably Commit 'Medical Negligence' As It Can Ruin Their Professional And Economic Stability: Rajasthan HC Quashes FIR
While quashing an FIR against private doctors booked for negligently mistreating a patient pursuant to which she passed away, the Rajasthan High Court observed that it would be wrong to assume that a doctor or institution shall deliberately risk its reputation by engaging in rash and negligent medical practices.In doing so the court observed that the "risk of professional ruin, economic...