Rajasthan High Court
Affiliation Cancelled After Completion Of Course: Rajasthan HC Directs Nursing Council To Register Students Whose College's Affiliation Was Rejected
Rajasthan High Court has granted relief to the graduates of Tirupati College of Nursing (“College”) who were denied registration by the Rajasthan Nursing Council (“RNC”) on account of the affiliation of their college, the Tirupati College of Nursing being canceled by the RNC for want of requisite NOC from the State Government.The Court directed that the students had taken admission in...
Arbitral Tribunal First To Adjudge Non-Arbitrability Of Dispute And Ground Of Res-Judicata, Courts Can Have Second Look After Award: Rajasthan HC
The bench of Justice Nupur Bhati at the Rajasthan High Court accepted an application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator and observed that the issue of non-arbitrability of a dispute under an arbitration agreement falls under the domain of the arbitral tribunal in the first instance and the courts have the power to...
Granting Bonus Marks In Recruitment Of Certain Govt Posts Pure Policy Decision, Not Discriminatory If Not Granted For All Posts: Rajasthan HC
Rajasthan High Court has dismissed a petition filed with the prayer to direct the Government to grant 30% bonus marks for appointment on the post of Medical Officer (Dental), since such bonus marking was done by the Government for various other posts.The Court held that prescribing eligibility conditions including bonus marking was purely a policy decision falling within the domain of the...
Negligent Conduct, Caused 19-Yr Delay: Rajasthan High Court Dismisses Plea Against Ex-Parte Decree In Recovery Suit Due To Non-Appearance
Noting the "negligent conduct" of a man in delaying the trial of a recovery suit by almost 19 years, the Rajasthan High Court recently dismissed his plea for setting aside an ex-parte decree which was passed due to his non-appearance in the suit. A single judge bench of Justice Nupur Bhati observed, "Thus, upon perusal of the record, and the findings of the learned Trial Court, it is clear...
Person Aggrieved By Unfair Investigation Of FIR May Approach Superior Police Officer U/S 36 CrPC: Rajasthan High Court Refuses Interference
The Rajasthan High Court has held that in case unfair or improper investigation of an FIR, the aggrieved person can seek recourse by approaching a superior police officer as per Section 36 CrPC. Single bench of Justice Arun Monga rejected a petition filed directly before it, alleging slow and unfair probe. It held,"The investigation is still at a very nascent stage, and the petition appears...
Service Rules Prevail Over Conditions In Recruitment Advertisement: Rajasthan HC Sets Aside Termination Of Sanitation Workers By Municipal Authority
The Rajasthan High Court recently granted relief to various sanitation workers whose services were terminated as their experience letter was not certified by the competent authority mentioned in the advertisement/notification for the post. A single judge bench of Justice Vinit Kumar Mathur in its August 2 order held that since such a requirement was not prescribed by the Rajasthan...
Appeal To Be Decided On Merits Irrespective Of Some Laches Or Delay On Part Of Assessee: Rajasthan High Court
The Rajasthan High Court has held that a right to appeal as provided under the statute must be decided on merits irrespective of some laches or delay on the part of the assessee.The bench of Justice Shree Chandrashekhar and Justice Kuldeep Mathur has observed that the statutory provisions of limitation under Section 107 of the CGST Act would bind the statutory authority, which cannot condone...
Authorities Not Bound To Choose Highest Bidder In Tender Process, Bidder's Right Always Provisional: Rajasthan High Court
The Rajasthan High Court has rejected a plea against an order of the State Government by which an application of the petitioner for allotment of a plot in the Special Economic Zone (“SEZ”) to set up a Gems and Jewelry industry was rejected. A bench of Justice Avneesh Jhingan held that the scope of court interference in tender matters was very limited since it was not a case of...
Rajasthan High Court Denies Bail To Murder Accused Having No Mention In FIR But Who Accompanied Principal Accused To Crime Scene
Rajasthan High Court has rejected the bail application of one of the many accused in a murder case, who was neither named in the FIR nor had any allegations levelled against him. The Court observed that even though the applicant had not actively taken part in actually and physically attacking the victim, by being involved in other manner in the crime, the gravity of his role did not...
Right To Choose Partner: Rajasthan High Court Issues SOP For Police Protection Of Major Couples Facing Threats
Rajasthan High Court has issued a SOP, taking note of multiplicity of pleas filed by major couples apprehending threats of extra-legal harassment and violence at the hands of their families or other social actors or groups and thus seeking police protection. The Court highlighted that such threats are a direct attack on the constitutional rights of the major couples, especially under Articles...
Drug Abuse Among Youth Affects Societal Harmony, Addicts Are An Added Burden To Law-Abiding Population: Rajasthan High Court
The Rajasthan High Court rejected the bail application of an accused booked under the NDPS Act and observed that violation of Sections 42 and 43 of the NDPS Act (the “Act”) could not be considered by the Court at the stage of granting bail. These questions can only be answered at the trial stage in light of all the evidence put forth. It said:“Youth forms the basic unit of the society....
'Case Of Judicial Indiscipline': Rajasthan High Court Proposes Action Against Judicial Officer For Ignoring HC Order While Framing Charges
Considering the actions of the trial court as a case of 'disobedience and judicial indiscipline' for ignoring the directions issued by a single bench of the Rajasthan High Court, the Court directed the matter to be placed before the same coordinate bench for taking action against the presiding officer of the concerned trial court.The bench of Justice Ashok Kumar Jain was hearing a...