Rajasthan High Court
Suit For Partition Of Agricultural Land Can Be Decided By Civil Court If No Dispute Regarding Tenancy Rights Are Involved: Rajasthan HC
Rajasthan High Court ruled that the Civil Court had absolute jurisdiction in a suit for partition simplicitor even though partition of an agricultural land was sought for, if there was no dispute relating to the tenancy rights in that suit, in which case the matter to that limited extent had to be referred to the revenue court. The bench of Justice Vinit Kumar Mathur was...
Sale, Bequest Of Tenancy Rights By Member Of SC/ST Category To Person Who Isn't From Community Is Void Under State Tenancy Law: Rajasthan HC
The Jaipur bench of the Rajasthan High Court reiterated that person who is not a member of the SC/ST category cannot claim khatedari or tenancy rights based on adverse possession over a land belonging to a person from SC/ST category and which was purchased from him in violation of Section 42 of the Rajasthan Tenancy Act.Section 42 of the Act stipulates that the sale, gift or bequest of...
Rajasthan HC Flags State Officials' Failure To Adequately Assist Courts, Govt Counsel In Pending Matters; Warns Of Disciplinary Action
While hearing a petition wherein no final order was passed by the disciplinary authority pursuant to an inquiry report filed in 2014, Rajasthan High Court observed the lackadaisical attitude of Officers-in-Charge (OCs) and their failure to discharge their duties under Rule 233 of the Rajasthan Law and Legal Affairs Department Manual 1999 (“the Manual”).“This Court feels pain to observe...
State, Private Employers Must Endeavor To Conclude Departmental Action Against Delinquent Employee Within 6 Months: Rajasthan HC
Rajasthan High Court ruled that every employer, whether State or private, must make serious efforts to conclude departmental inquiry against their employees within a reasonable time period, preferably within 6 (six) months as the outer limit, and if it was not possible due to unavoidable causes, within a reasonable extended period based on the cause and nature of inquiry.The bench of...
Person Belonging To 'Teli' Caste Can't Be Denied OBC Reservation Merely For Being From Muslim Community: Rajasthan High Court
Rajasthan High Court has ruled that the caste “Teli” that had been included in the Central List of OBCs in the State of Rajasthan could include people irrespective of their religion, be it Hindus or Non-Hindus since the caste drew its name from traditional hereditary occupations whose members belonged to different religions.The bench of Justice Anoop Kumar Dhand further issued a...
Woman Migrating From Haryana To Rajasthan Post Marriage Doesn't Disentitle Her To Seek Benefit Of EWS Scheme: High Court
In relation to eligibility of an EWS certificate issued by the government of Haryana to a woman who got married in Rajasthan, the Rajasthan High Court ruled that change of location from Haryana to Rajasthan did not render the petitioner ineligible to seek benefit of the certificate issued by the competent authority.The Court was hearing a petition filed by a woman who had moved from Haryana...
Panchayati Raj Department Can Accord Post-Facto Consent For Transfers But Employees With Extenuating Situations Must Be Heard: Rajasthan HC
While hearing a bunch of petitions challenging transfers of the Panchayati Raj Department, Rajasthan High Court ruled that the requirement of taking consent from the Panchayati Raj Department for such transfers as envisaged under the Rule 8(iii) of the Rajasthan Panchayati Raj (Transferred Activities) Rules, 2011 (“the Rules”) was not necessarily pre-facto and was fulfilled even if...
'Employer Must Make Efforts To Expedite Departmental Proceedings Against Delinquent Employee', Rajasthan High Court
The Rajasthan High Court with its Bench at Jaipur comprising of Justice Anoop Kumar Dhand held that departmental proceedings against a delinquent employee must be concluded within a reasonable time frame and preferably within six months in order to avoid inconvenience, loss and prejudice to the rights of such employee. It was observed that in such cases, the duty to have...
Rajasthan High Court Monthly Digest: January 2025
Citations: 2025 LiveLaw (Raj) 01 To 2025 LiveLaw (Raj) 42NOMINAL INDEXRamesh Kumar v State of Rajasthan & Anr. 2025 LiveLaw (Raj) 1Narpat Surela v the State of Rajasthan, and other connected petition 2025 LiveLaw (Raj) 2Amrit Transport Company v Oriental Insurance Company & Anr. 2025 LiveLaw (Raj) 3Nopa Ram & Ors. v State of Rajasthan & Anr. 2025 LiveLaw (Raj) 4M/s S.A.S...
State Free To Decide Eligibility Criteria Unless Shown Arbitrary: Rajasthan HC Rejects Challenge To Padmesh Mishra's Appointment As AAG In SC
Dismissing an advocate's plea challenging the appointment of Padmesh Mishra as Additional Advocate General (AAG) for the state at the Supreme Court, the Jaipur bench of the Rajasthan High Court reiterated that State is free to decide and change the "eligibility criteria" while making appointment of AAG, other law officers unless it is shown as arbitrary.Notably, Mishra is the son of Justice...
Necessity Of Rented Property For Bonafide Use Is To Be Adjudged From Landlord's Perspective, Not From Perspective Of Tenant: Rajasthan HC
The Jodhpur bench of the Rajasthan High Court has held that it was not for the tenant to suggest or show that the landlord did not have any bonafide necessity of the rented premises. In doing so the court underscored that the necessity of a rented property for bonafide use has to be adjudged from the perspective of the landlord and not the tenant. The observation was made by Justice Vinit...
Denying Employment To Convict Let Off On Probation Defeats 'Rehabilitation & Re-Integration' Purpose Of Statute: Rajasthan HC
Rajasthan High Court allowed petition filed by a petitioner who was denied compassionate appointment on grounds on his previous conviction for causing hurt and wrongful restrain where he was released on probation, ruling that once he was let off on probation, he had to be given benefit of the very reason and the objective of the Probation of Offenders Act (“the Act”).The bench of Justice...