Rajasthan High Court
Suit Against Passing Off Maintainable Even If Plaintiff And Defendant Have Identical Registered Trademarks: Rajasthan High Court
The Rajasthan High Court has held that a suit for passing off does not get affected by the two proprietors having similar registered trademarks and hence, it cannot be dismissed on account of Section 28(3) of the Trademarks Act, 1999.Section 28(3) of the Act provides that when two or more persons are registered proprietors of identical trademarks, none of the registered proprietors can file...
Power, Influence Must Never Eclipse Supremacy Of Law: Rajasthan High Court Cancels Bail Of Former MLA For Threatening Witnesses
The Rajasthan High Court has cancelled the bail of former MLA Girraj Singh Malinga (“respondent”) in the assault case filed against him by the assistant engineer at JVVNL, Harshadhipati (“complainant”) in 2022. The Court found him to be misusing the liberty to showcase his strength of power by organizing a rally soon after getting released on bail and intimidating or threatening...
Rajasthan HC Grants Relief To Constable Dismissed From Service 28 Years Back Over Age Dispute, Directs Govt To Extend All Retiral Benefits
Rajasthan High Court has granted relief to a constable dismissed from service 28 years ago on the grounds of forging documents in relation to his age at the time of his appointment.As per the competent authority, Petitioner could not have been below 25 years of age at the time of appointment (as required under applicable Rules) since he was married having three children. Thus he was...
Impleading Tenant In Proceedings For Issuance Of Letter Of Administration Under Indian Succession Act Not Allowed: Rajasthan High Court
Rajasthan High Court has held that a tenant cannot be impleaded under Order 1 Rule X of CPC in relation to proceedings of Section 278 of the Indian Succession Act, 1925 (“the Act”). Section 278 of the Act essentially deals with the issuance of a letter of administration in relation to a property in case the owner dies without a legal will.A bench of Justice Dinesh Mehta was hearing a...
Lok Adalat Cannot Dismisses Case Over Non-Appearance Of Parties: Rajasthan High Court
The Rajasthan High Court has ruled that Lok Adalat does not have the power to "dismiss" a case owing to default in appearance by parties. The Court highlighted Section 20(5) of the Legal Services Authorities Act, 1987 as per which where Lok Adalat is not able to make an award due to no compromise or settlement being reached between the parties, the record of the case needs to be returned by...
Continuous Work Of Contractual Employees Does Not Create Any Vested Right For Permanent Employment: Rajasthan High Court Reiterates
Rajasthan High Court (“the Court”) has affirmed that individuals hired on a contractual basis through a placement agency do not have any vested interest in being employed by the government. The Court relied upon the Supreme Court case of K.K Suresh and Anr. v Food Corporation of India to arrive at this position.Furthermore, reliance was also placed on the case of Ganesh Digamber...
Rajasthan Bovine Animal Act | High Court Asks Govt To Add Provision Of Appeal Against Confiscation Of Vehicle Illegally Transporting Cattle
Perusing orders passed by District Collector under Section 6A of the Rajasthan Bovine Animal Act for confiscation of conveyance used to transport bovine animals without permit, the Rajasthan High Court has called upon the State legislature to introduce a provision of appeal.Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 aims...
Govt Cannot Disqualify Candidate Based Grounds Which Are Not Mentioned In Advertisement For Job Post: Rajasthan High Court
The Rajasthan High Court (“the Court”) has set aside an order of the Department of Medical, Health and Family Welfare, Government of Rajasthan (“the Department”) that rejected a candidate for a government post on the ground that the reason for disqualification was not mentioned as a disqualification criterion in the advertisement for the post. The Court termed the order as wholly...
Protection Against Hazardous Food Part Of Right To Life: Rajasthan High Court Takes Suo Moto Cognizance Of Rampant Food Adulteration
The Rajasthan High Court has taken suo moto cognizance of the rampant increase in food adulteration incidents, stating that protection against hazardous and injurious food articles is a facet of fundamental right to life under Article 21 of the Constitution.Food is essential for sustenance of life but today, entire world is too busy with other commitments to invest time in finding out whether...
Rajasthan HC Protects Private Land Owners From JDA's Demolition Drive Amid Court Vacation, Cites "7 Sub-Rights" Under Article 300-A
Rajasthan High Court has granted protection to the private land owners by preventing the Jaipur Development Authority (“JDA”) from demolishing their properties as a part of an encroachment removal drive till the time their matter is considered by a regular bench after vacation.Vacation bench of Justice Ashok Kumar Jain was hearing a petition in relation to an order passed by a division...
Lok Adalats Don't Have Adjudicatory Powers: Rajasthan High Court Sets Aside Award Permitting Withdrawal Of Criminal Prosecution
Rajasthan High Court has reiterated that Lok Adalats do not have adjudicatory powers and hence order of a Lok Adalat allowing withdrawal of a criminal prosecution cannot be sustined.The bench of Justice Anil Kumar Upman was hearing petition seeking quashing of an order of the National Lok Adalat that allowed the assistant public prosecutor to withdraw the criminal prosecution in a criminal...
S.138 NI Act | Rajasthan High Court Permits Correction Of Date Of Presentation And Dishonour Of Cheque In Complaint Petition
Rajasthan High Court has allowed a petition seeking amendment in a complaint under Section 138 of the NI Act and affidavit annexed to correct the typographical errors in relation to the dates of presentation and dishonour of cheque.The Court relied upon the Supreme Court case of S.R. Sukumar v Sunaad Raghuram, in which it was held that even if there is no specific provision in CrPC to amend...