Rajasthan High Court
Rajasthan High Court Monthly Digest: December 2024
Citations: 2024 LiveLaw (Raj) 378 To 2024 LiveLaw (Raj) 426NOMINAL INDEXOil and Natural Gas Corporation Limited & Anr. v Ranjan Tak & anr. 2024 LiveLaw (Raj) 378Badri Prasad v Central Bureau of Investigation and other connected petition 2024 LiveLaw (Raj) 379Bhawna Bohra v State of Rajasthan & Ors. 2024 LiveLaw (Raj) 380Shri Ishwar Prasad v the State of Rajasthan 2024 LiveLaw...
Commercial Court Committed Jurisdictional Error By Imposing Pre-Condition To Deposit 50% Of Amount For Stay Against Arbitral Award: Rajasthan HC
The Rajasthan High Court Bench of Justice Sudesh Bansal has held that the Commercial Court has committed jurisdictional error in exercising its discretion arbitrarily, mechanically and injudiciously, while putting the condition to deposit 50% of the awarded amount, for operating stay against arbitral award without assigned justified and sound reasonings. Additionally, the court...
Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates
Rajasthan High Court reiterated that there was no blanket rule against filing successive petitions under Section 482, CrPC, before the High Court, however, in such petitions it had to be seen whether there was any change in facts and circumstances that necessitated filing of the petition.The bench of Justice Anoop Kumar Dhand was hearing a criminal miscellaneous petition against the order of...
Forfeiting 26 Yrs Of Constable's Service Over 15-Days Unsanctioned Leave Due To Medical Emergency Shocks Court's Conscience: Rajasthan HC
Rajasthan High Court has set aside the forfeiture of 26 years of service of a constable who went on unsanctioned leave of 15 days on account of illness, opining that the punishment was so excessive, grossly disproportionate and arbitrary that it shook the conscience of the Court and undermined the rehabilitative objective that a welfare state ought to follow.“Punishing...
Party Can't Bypass Sessions Court And Directly Move High Court In Revision Against Order Framing Charge, Court Already Flooded: Rajasthan HC
Remarking that the court is already flooded with several quashing petitions under Section 482 CrPC, the Rajasthan High Court observed that though both High Court and Sessions Court have concurrent jurisdiction to review orders, a party cannot bypass the Sessions court's revisional jurisdiction. Section 397, CrPC lays down the revisional powers of the High Court and the Sessions Court.The...
Rajasthan HC Slams State For Denying Mason Post To Man With Amputation In Non-Dominant Hand, Appointing Man With Amputation In Dominant Hand Instead
Rajasthan High Court allowed the petition filed by a candidate denied mason post for being declared medically unfit on account of amputated little finger of his left hand (non-dominant hand), as opposed to another candidate who was given the employment despite having amputation of finger in his dominant hand.While terming the approach of the State to be “lopsided on the very...
Rajasthan HC Upholds Reversal Of Certain Teachers' Promotion To Maintain Seniority, Says Not Granting Them Hearing Caused No Prejudice
Rajasthan High Court has upheld the unilateral reversal of promotion granted to certain Grade-III Teachers, in order to maintain the list of seniority.In such a scenario, bench of Justice Dinesh Mehta said, the State's omission to give the teachers an opportunity of hearing did not cause any prejudice since admittedly, the persons who were granted promotion in Petitioners' place, were senior...
Rajasthan High Court Directs State Police To File Affidavit On Steps Taken Against 'Menace' Of Online Sale Of E-Cigarettes
The Jaipur bench of the Rajasthan High Court has asked the State Police, specifically the officer-in-charge at the Police Headquarters who is handling the issue of online sale of e-cigarettes, to file an affidavit clearly stating what action has been taken so far against online platforms selling e-cigarettes.While hearing a writ petition, the division bench of Chief Justice Manindra...
Cheque Dishonour: Rajasthan High Court Sets Aside Conviction After Compromise, But Imposes 15% Cost On Drawer Citing Failed Appeal
Rajasthan High Court set aside conviction and sentence in a cheque dishonour case in light of settlement reached between the parties while imposing a cost of 15% of the cheque value on the petitioner (convict) since the compromise was reached at after rejection of appeal filed by the convict and pending revision petition.The bench of Justice Manoj Kumar Garg was hearing a revision petition...
NEET Spot Counselling Is Continuation Of Process To Fill Seats, Prospectus Conditions Applicable: Rajasthan High Court
Rajasthan High Court dismissed the petition filed against AIIMS, Jodhpur challenging the demand for a deposit of Rs. 5,00,000 from the petitioner who took admission pursuant to spot counselling in the college but then chose to vacate the seat mid semester.The bench of Justice Vinit Kumar Mathur observed that the condition of depositing the amount in the event of vacating the seat mid-semester...
MV Act | Show Cause Notices, Inquiry By Registering Authority Other Than Original Registering Authority Not Illegal: Rajasthan High Court
The Jaipur bench of the Rajasthan High Court has said that even though only the original registering authority could cancel the registration of a vehicle under Section 55(2) of the Motor Vehicles Act, the provision does not prevent any other registering authority from issuing show cause notices and/or conducting inquiry in the matter.For context, Section 55(2) MV Act lays down cancellation...
Rajasthan HC Directs Tax Commissioner To Recall 'Contemptuous Order' Denying Benefit Of Entertainment Tax Scheme To Cinema Theatre
The Jodhpur bench of Rajasthan High Court recently directed the Deputy Commissioner Commercial Taxes, Bikaner to recall its order denying benefit of an amended scheme on entertainment tax to a cinema theatre, terming it contemptuous since it affirmed an earlier order which had already been annulled by the high court in 2014. The petitioner–Alok Chitra Mandir had opted for a composition...