Rajasthan High Court
Safeguard U/S 50 NDPS Act Pertaining To Manner Of Search Crucial In Protecting Individual From Coercive Police Action: Rajasthan High Court
While granting bail to a man booked under the Narcotic Drugs and Psychotropic Substances Act for non compliance of Section 50 by the police while conducting search, the Rajasthan High Court said that the safeguard provided under the section is significant in protecting a person from coercive police action. For context, Section 50 of the Act pertains to the conditions under which search of...
Motor Accidents Claims Tribunal Can Review Its Order If Obtained Through Fraud Or Misrepresentation: Rajasthan High Court
Rajasthan High Court has ruled that even though a Motor Accidents Claims Tribunal (“the Tribunal”) does not have the power to review its own order under CPC if it is convinced that an order passed by it was obtained through fraud or misrepresentation, it is empowered to recall the order via a review of that order.A bench of Justice Rekha Borana was hearing a petition against an order of...
No Encroachment Can Be Permitted On Govt Or Forest Land On Grounds Of "Religious Feelings": Rajasthan High Court
The Rajasthan High Court dismissed writ petition filed by Shri Shantinath Digamber Jain Atishay Shetra seeking regularisation of the possession of ghair-mumkin pahad forest land, in their favour claiming that the centuries-old statues of Lord Mahaveer Swamy and Lord Parshwanath were unearthed from the land and thus as per the Jain scriptures, it was a holy place on which the statues needed to...
Failure To Name Arbitrator In Legal Notice Does Not Invalidate Arbitration Invocation: Rajasthan High Court
The Rajasthan High Court bench comprising Dr. Justice Nupur Bhati has held that the invocation of an arbitration clause, which required the Applicant to name an Arbitrator, is valid under Section 11 of the Arbitration and Conciliation Act, 1996, even without naming an arbitrator in the legal notice, as long as the existence of an arbitration agreement is prima facie established....
Reducing Grant Of Aided Institutions Affects Students' Education, Requires Adhering To Natural Justice Principles: Rajasthan High Court
The Jaipur bench of the Rajasthan High Court has said that Section 7(1) of the Rajasthan Non-Government Educational Institutions Act–which states that grant in aid cannot be claimed as a matter of right by institutions and can be halted anytime by the state–comes into play only at the initial stage when the aid gets sanctioned. Once such aid has been granted, any subsequent...
Rajasthan HC Consolidates 259 FIRs Against Sanjivani Group Chairman, Says Process Became Punishment Due To Violation Of Right To Speedy Trial
Rajasthan High Court invoked its inherent powers under Section 482, CrPC, to consolidate 259 FIRs filed against the chairperson of Sanjivani Credit Cooperative Society (“Petitioner”) into different bunches based on the geographical locations of these FIRs and observed that in light of these many cases, the Petitioner was being shunted from one place to another without having any...
Rajasthan High Court Monthly Digest: August 2024
Citations: 2024 LiveLaw (Raj) 184 To 2024 LiveLaw (Raj) 232NOMINAL INDEXM/S Ak Jilshan v State of Rajasthan & Ors. 2024 LiveLaw (Raj) 184Manju Garg v State of Rajasthan 2023 LiveLaw (Raj) 185Gopal Mehra & Ors. v State of Rajasthan & Ors 2024 LiveLaw (Raj) 186Shakti Gurjar v State of Rajasthan 2024 LiveLaw (Raj) 187M/S Sant International Jewellers v the State of Rajasthan &...
Denying 10-Yrs Passport Validity To Undertrial Lacks Statutory Backing, Undermines Presumption Of Innocence: Rajasthan High Court
Rajasthan High Court has ruled that reducing the validity period of passport from prescribed 10 years to only 1 year for an under-trial person without cogent reasons amounts to arbitrary restriction on the principle of presumption of innocence enshrined under Article 21 and was violative of principles of justice, equity and fairness.The bench of Justice Arun Monga was hearing a petition filed...
Distributing Marks Of Deleted Questions Equally Among Remaining Questions Instead Of Awarding Bonus Marks Is Not Discriminatory: Rajasthan HC
Rajasthan High Court has reiterated that distributing the marks of deleted questions proportionately in the remaining questions of the same subject does not discriminate between candidates since it could not be preempted which question shall be deleted and the disputed questions had been deleted for all aspirants.The bench of Justice Vinit Kumar Mathur was hearing a petition filed by aspirants...
When Selection Criteria Is Mentioned On Website, Non-Mentioning In Advertisement For Post Does Not Vitiate Selection Process: Rajasthan HC
Rajasthan High Court has ruled that not mentioning of selection criteria in the advertisement for a public post when the same was explicitly mentioned on the website of the concerned department would not vitiate the entire selection process since the criteria could not be said to have been added after the initiation of the selection process.“It is also noted that the Rules of selection were...
'Awaiting Posting Order' Cannot Be Passed In Routine Manner But Only To Meet Contingencies: Rajasthan High Court
Rajasthan High Court recently allowed a petition challenging an 'Awaiting Posting Order' (“APO”) passed by the State Medical and Health Services Department (“the Department”) during the ban period imposed by the Government, in the absence of any urgency or even clearance from the office of the Chief Minister.APO refers to a status of government officials during which the officials are...
Motor Accident | Claimant Can Approach Tribunal Having Jurisdiction Over 'Issuing Office' Of Offending Vehicle's Insurer: Rajasthan HC
The Rajasthan High Court has made it clear that a claimant seeking compensation for motor accident can approach the Tribunal having jurisdiction over the issuing office of the offending vehicle's insurer.A single judge bench of Justice Anil Kumar Upman referred to Section 166(2) of the Motor Vehicles Act which lays down that an application for compensation could be filed either with the...