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...

Rajasthan High Court Refuses To Expunge Trial Court's Deleterious Remarks Against IO, Says Order Satisfies 'Triple Test'

The Rajasthan High Court recently dismissed the plea moved by an Assistant Sub Inspector (“petitioner”) seeking to expunge certain deleterious remarks made about him by a trial court, while he was acting as the Investigating officer in a criminal case.The bench of Justice Sameer Jain observed that the order of the trial court satisfied the "triple test" prescribed to Courts before...

Rajasthan High Court Upholds Acquittal Of Husband Accused In Wife's Dowry Death, Cites Delay & Inconsistencies Between Dying Declarations

Rajasthan High Court dismissed a criminal appeal against an acquittal order passed 35 years ago in an alleged case of murder owing to unfulfilled dowry demands. The court noted that the implicating dying declaration was made 16 days after the first dying declaration and consequently the report was also lodged after an inordinate delay of 16 days after the incident.The division bench of...

Accused's Fundamental Right To Liberty Includes Right To Participate In Significant Family Events: Rajasthan High Court

The Rajasthan High Court granted permission to an accused charged for attempt to murder and under the Arms Act, to travel abroad to attend his daughter's engagement ceremony.The bench of Justice Arun Monga set aside the order of Sessions Judge that had dismissed the application filed by the accused to this effect and held that despite being an accused, the petitioner still had the...