Rajasthan High Court
In Public Function Matters Like Electricity Supply No Ex Parte Stay Must Be Given, Vacation Plea Must Be Decided Expeditiously: Rajasthan HC
The Jaipur bench of the Rajasthan High Court ruled that in matters that affect supply of public services like electricity to the consumers in the State, ordinarily ex-parte interim order ought not to be granted, and even if it was granted, the application for vacating the stay is required to be considered expeditiously.The observation came in appeal filed against a June 25 interim order of...
Principle Of Res-Judicata Not Applicable To Reliefs Of Alimony, Stridhan Which Can Be Claimed At Any Subsequent Stage: Rajasthan High Court
Applying the Golden Rule for purposive interpretation of Section 25 of the Hindu Marriage Act, the Jodhpur bench of the Rajasthan High Court ruled that the Doctrine of Res Judicata is not applicable on the reliefs of permanent alimony and stridhan as provided in the provision. In doing so the court underlined that res judicata is not applicable since the reliefs sought under Section 25 could...
Rajasthan High Court Quashes SC/ST Act Case Against Actress Shilpa Shetty For Using Word "Bhangi" In 2013 Interview
The Rajasthan High Court has quashed a complaint against the SC/ST (Prevention of Atrocities Act) against actress Shilpa Shetty for using the word "Bhangi" in a 2013 Television interview.Justice Arun Monga held: "In light of the absence of essential ingredients for offenses under Section 153A IPC, the failure to adhere to mandatory procedural requirements under Section 196 Cr.P.C., and the...
Valuation Of A Suit Is Based On Nature Of Relief Claimed, Not On Market Value Of Property: Rajasthan High Court Reiterates
While hearing a dispute concerning sale of a property, the Jodhpur Rajasthan High Court reiterated that it was only the nature and valuation of the relief claimed on the basis of which the valuation of the suit as well as the court fee was determined and not the market value of any property.Justice Rekha Borana was hearing a petition against an order of the Additional District Judge wherein...
Removal From Service For Submitting Forged Marksheet Disproportionate For Constable With Unblemished Record Of 38 Yrs: Rajasthan High Court
Rajasthan High Court set aside the punishment of removal from service against a constable (“Petitioner”) who was charged for submitted a forged marksheet at the time of entering the service, ruling that given the unblemished record of 38 years of service of the Petitioner, and the nature of the misconduct, the punishment was disproportionate and excessive.The bench of Justice Vinit...
REET | If One Agency Of State Govt Declares Candidate Eligible, Another Govt Agency Can't Declare Him Ineligible: Rajasthan High Court
Rajasthan High Court has ruled that once an agency of the State Government i.e. the Board of Education had certified a candidate to have passed REET Level-I examination, it was not open for another agency i.e. the Education Department to reject the candidature opining that he did not pass the exam.The bench of Justice Farjand Ali was hearing a petition filed by a candidate of the recruitment...
Denial Of Opportunity For Not Getting 'Honourable' Acquittal In Criminal Case Against Principle Of Reintegration Into Society: Rajasthan HC
Rajasthan High Court has set aside an order of the Superintendent of Police rejecting the candidature of the Petitioner for the post of the Constable on the grounds that his acquittal in an FIR registered against him was not honourable, but due to lack of evidence.The bench of Justice Arun Monga ruled that an acquittal was an acquittal, on whatever ground, which restored the Petitioner's...
Prior Consent Of State Under Rajasthan Colonization Act Which Ceased In 1991, Not Mandatory For Sale Deed Executed In 2003: Rajasthan HC
The Jodhpur bench of the Rajasthan High Court quashed an order which had declared the sale of a land to the petitioners' predecessor-in-title (purchasers) 21-years-ago void on the ground that the seller had not taken State's permission before sale as required under the Rajasthan Colonization Act, 1954. In doing so the court said that merely because the petitioner's predecessors in...
Collector's Reference Made After Delay Of Over 3 Years Invalid In Law: Rajasthan HC Quashes Order Mutating Land Entries In Deity's Favour
The Jodhpur bench of the Rajasthan High Court quashed a Collector's 20-year-old reference order pertaining to a land parcel which said that as the land belonged to a deity–Doli Mandit Shri Thakur Ji Purohita, it could not have been recorded in the name of the original owner, from whom the petitioners had subsequently purchased the land. It also set aside the Board of Revenue's order which...
Rajasthan HC Orders Compensation For Death Of Borrower Of Vehicle In Accident, Says He Stepped Into Owner's Shoes & Was Covered By Insurance
Faced with conflicting Supreme Court decisions, Rajasthan High Court granted compensation to the claimants of a deceased affirming that in cases where the deceased was driving/ riding a borrowed vehicle, he/she steps into the shoes of the owner and thus shall be entitled for compensation towards personal accident cover as per contract of insurance in case premium was charged from the owner...
No Error In Rejecting Application For Suit Dismissal Filed On Grounds Of Undervaluation Of Suit Or Insufficient Court Fee: Rajasthan HC
Rajasthan High Court rejected a petitioner' challenge to Civil Judge's order of rejecting his application for dismissal of suit, under Order 7, Rule 11, CPC, filed on the ground that the suit was undervalued and filed after paying insufficient court fees.The bench of Justice Manoj Kumar Garg ruled that even if there was undervaluation or payment of insufficient court fee, the trial court...
Collector Cannot Cyclostyle Anti-Corruption Bureau's Draft To Sanction Prosecution, Must Apply Independent Mind: Rajasthan HC
Rajasthan High Court has reiterated that the grant of sanction for prosecution is not a mere formality and that a sanctioning authority is obligated to discharge its duty after having full knowledge of the material facts of the case.The division bench of Justice Shree Chandrashekhar and Justice Rekha Borana further held that the sanction must be observed with complete strictness, keeping in...