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 Rajasthan High Court

Insurer Bound To Compensate Bank For Dacoity Loss After Accepting Premium Despite Knowledge Of Security Deficiencies: Rajasthan High Court

The Rajasthan High Court has held the a bank's claim of loss from dacoity cannot be rejected by the insurance company on the ground of bank's failure to follow the security guidelines prescribed by the RBI, when the fact of such non-compliance was communicated by the bank to the insurance company in the policy proposal.The bench of Justice Anoop Kumar Dhand held that once appropriate...

Husband Not Liable For Wifes Dues From Her Tenure As Sarpanch Without Proof Of His Involvement: Rajasthan High Court

The Rajasthan High Court has held that husband and wife were separate entities, and neither could be held liable for the misconduct or disgraceful act of the other, done in the capacity of a public representative, unless they have also indulged in the same. The bench of Justice Anoop Kumar Dhand opined, a spouse of an erstwhile public representative, could not be asked to pay dues owed by...

Reasons Recorded In Order Directing Further Investigation Cant Itself Be Construed As Direction For Point-Wise Probe: Rajasthan High Court

Rajasthan High Court has held that while it was true that a court cannot direct the police to conduct an investigation in a particular manner, however the reasons given by a court in its order directing further investigation must not be itself construed as a direction for point-wise investigation. The bench of Justice Baljinder Singh Sandhu was hearing a petition seeking quashing of an order...

Night-Time NDPS Search Without Warrant Valid Where Urgent Action Justifies Delayed Section 42 Compliance: Rajasthan High Court

While rejecting a bail application in an NDPS matter, Rajasthan High Court affirmed that compliance under Section 42 of the NDPS Act (“Act”), may be postponed for a reasonable period, where the information was received by the police office while being on patrol duty or otherwise on move, and immediate action was called for. Section 42 of the Act lays down process to conduct search...

Rajasthan High Court Stays CAT Order Holding Advocates Plea For Interim Relief As Misconduct, Imposing ₹7,000 Cost

The Rajasthan High Court has stayed the operation of an order passed by the Central Administrative Tribunal (CAT), Jaipur, which recorded a finding of “misconduct” against an advocate for seeking interim relief on behalf of her client and imposed costs of ₹7,000.The division bench of Justice Inderjeet Singh and Justice Sandeep Taneja passed the order while hearing a petition filed by...

Interim Stay Can Be Granted In Time-Barred Appeal Without Condoning Delay Only In Exceptional Cases: Rajasthan High Court

The Rajasthan High Court has set aside an interim order passed by the Revenue Appellate Authority (“RAA”) in a time-barred appeal, opining that interim stay in a time-barred appeal could be passed only in extreme circumstances of a given case where the order in appeal had some serious consequences. The bench of Justice Anoop Kumar Dhand held that without condoning the delay in...

Repeated Notices To Pay Dues Not Enough To Blacklist Contractor Without Warning: Rajasthan High Court Quashes 3-Year Debarment

The Rajasthan High Court has held that repeated notices seeking payment of outstanding dues cannot substitute a proper notice informing a contractor that failure to comply could result in blacklisting or debarment from future tenders.The bench of Justice Anoop Kumar Dhand set aside an order against the petitioner that debarred its participation in any further tenders of the...

Confiscation Of Vehicle Used For Illegal Mining Operates Independently Irrespective Of Pending Criminal Prosecution: Rajasthan High Court

Rajasthan High Court held that where confiscation process had begun under the Rajasthan Minor Mineral Concession Rules, 2017 (“Rules”) and the liability/penalty payable in relation to the vehicle was determined, the vehicle could be released only upon payment of such statutory amount and not merely on personal security.The bench of Justice Baljinder Singh Sandhu also held that...