Pre-Arb Step(s) Cannot Be Treated As Mandatory If Could Not Be Fructified: Rajasthan High Court

The bench of Justice Sudesh Bansal at the Rajasthan High Court opined that where pre-arbitration steps mentioned in the agreement could not be fructified, it could not be held that those were mandatory in nature and in the event of failure of these no arbitration could be initiated. The Court held that it was a well settled principle of law that an arbitration agreement being a commercial...

"Act-Only Insurance" Of Private Vehicle Only Covers Third-Party, Not Occupants: Rajasthan HC Sets Aside 'Recover & Pay' Order Against HDFC Ergo

Rajasthan High Court has affirmed that in the case of a private vehicle insured against the “Act only Policy”, the insurance company is not liable to compensate the occupants of the vehicle since they are not considered to be the “third parties” as required under the Motor Vehicles Act, 1988 (“Act”). The Court said:“The position of law as it stands at present is that in case of...

MV Act | Light Motor Vehicles License Sufficient For Driving Transport Vehicles Below 7500 Kgs, No Separate License Needed: Rajasthan High Court

The Rajasthan High Court has affirmed that a transport vehicle weighing less than 7500 Kgs does not need a separate driving license other than the one issued under Section 10(2) of the Motor Vehicles Act, 1988 (“the Act”) for driving a Light Motor Vehicle (“LMV”).“That there is no requirement to obtain a separate endorsement to drive transport vehicle, and if a driver is holding...

Power Of Attorney Holder Who Is Also Manager Of A Trust Is Its Trustee, Can Lead Evidence On Its Behalf: Rajasthan High Court

The Rajasthan High Court has recently observed that a power of attorney holder of a trust who is also its manager holds the capacity of a trustee and so can depose as well as lead evidence on behalf of the trust.A single judge bench of Justice Rekha Borana made the observation while hearing a plea moved by the petitioner trust–Shri Ramniwas Dham Trust, through its Power of Attorney...

Doctrine Of Proportionality In Service Matters Not Applicable When Employment Itself Is Based On Fraud: Rajasthan High Court

The Rajasthan High Court has affirmed that the doctrine of proportionality in service matters cannot be invoked in relation to an employee whose basis of attaining employment was fraudulent.It was also held that the High Court's scope of interference with a disciplinary authority's decision on the quantum of penalty in service matters is minimal.The division bench of Justice Pushpendra...

No Provision In Law Prescribing Sisters To Be Legal Representatives When Wife, Son And Daughter (First Class Heirs) Surviving: Rajasthan HC

Rajasthan High Court has ruled that sisters cannot be considered legal representatives of a deceased individual especially where the first class heirs including the wife, son and daughter of the deceased were surviving.The bench of Justice Manoj Kumar Garg was hearing a tenant eviction case wherein a revision petition was filed by defendant against an order of the trial order. The trial court...

Rajasthan High Court Quashes Income Tax Reassessment As Income Tax Dept. Failed To Hold Proper Investigation

The Jaipur Bench of the Rajasthan High Court has quashed the income tax reassessment and held that the Income Tax Department had not done any investigation or held an inquiry. There was no other material except the value determined by the A.O. The bench of Justice Avneesh Jhingan and Justice Ashutosh Kumar has observed that the additions were made solely based on the order passed by the...

Unfair, Tainted Probe: Rajasthan High Court Transfers To CBI Murder Case Of 22Yr Old From "Marginalised Community"

While hearing a murder case involving the bajri (sand) mafia the Rajasthan High Court transferred the matter to CBI after observing that the investigation conducted by the State Police and CID had been so "unfair, tainted and incomplete" that it had "pricked the judicial conscience" of the Court.A single judge bench of Justice Sameer Jain was hearing a plea moved by two men in a case...

Delay In Adjudication Doesn't Affect Justice Earned On Merits: Rajasthan HC Orders Appointment Of Civil Judge Candidate Named In Criminal Case

The Rajasthan High Court has laid down that justice earned on merits of the case by litigants shall not be adversely affected in cases pending for a long time due to prolonged adjudication with no interim order operating. In doing so, the high court observed that the rights of a person needs to be protected against its dilution due to such delay.A division bench of Justice Pushpendra Singh...

Industrial Disputes Act | Whether Person Raising Dispute Is A Workman Can Only Be Decided By Labour Court, Not By Govt: Rajasthan HC

Rajasthan High Court granted relief to a government employee who was dismissed from his job without a hearing 15 years ago, by directing the government to refer his industrial dispute to the labour court.The bench of Justice Anoop Kumar Dhand was hearing a petition filed against the order of the Government of India (“respondent”) where the respondent had refused to make reference...

Additional Director Under Central Govt Health Scheme Has No Authority To De-Empanel Hospital: Rajasthan High Court

Rajasthan High Court granted relief to the Medipulse Hospital (“the Hospital”) which was de-empanelled from the Central Government Health Scheme (“CGHS/Scheme”) for five years by the Government of India pursuant to a complaint against the Hospital by a retired central government employee alleging deficient services by the Hospital.The bench of Justice Dinesh Mehta observed that there...

S. 413 BNSS | Victim Does Not Require Special Leave To Appeal Against Acquittal Of Accused: Rajasthan High Court

Rajasthan High Court held that no special leave is required to file an appeal under Section 413 of Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), against an acquittal order wherein the complainant in the case is the victim himself.The bench of Justice Birendra Kumar observed that Section 413 of BNSS corresponded to Section 372, CrPC where the proviso laid down the right of a victim...