Notice Of Pre-Election Disqualification Issued To Councillor Prior To Introduction Of S.39(e) Rajasthan Municipalities Act Not Valid: Rajasthan HC

Rajasthan High Court has ruled that Section 39(e) of the Rajasthan Municipalities Act 2009 which was inserted by way of an amendment dated April 13, 2024 to empower the State government to remove a member of a Municipality on grounds of pre-election disqualification, does not have a retrospective application.“The amendment was done on 13.04.2023 and there is nothing on record which shows...

Unreasoned Orders By Judicial/ Quasi-Judicial Authorities Violate Natural Justice: Rajasthan High Court Quashes Commercial Tax Assessment Order

The Rajasthan High Court has set aside an assessment order passed by the Commissioner, Commercial Taxes Department, Jaipur (“CCT”) under the Rajasthan Value Added Tax Act, 2003. The Court observed that the assessment order was unreasoned and was passed without any application of mind, violating the principles of natural justice.The assessee had filed his returns for the assessment...

Justice Not Saleable, Failure To Extend Benefits Of Judgment In Rem To Similarly Situated Persons Violates Constitutional Rights: Rajasthan HC

"Justice is not a saleable commodity. All aggrieved persons should not be compelled by the State Authorities to approach the Court of law and get similar orders which have been passed in favour of the similarly situated persons who approached the Court earlier," the Rajasthan High Court observed recently.The remarks were made while disposing off a bunch of writ petitions...

Arbitration Requires Dispute Arising From Agreement, Unrelated Disputes Ineligible for Arbitration: Rajasthan High Court

The Rajasthan High Court bench of Justice Rekha Borana held that arbitration hinges on the presence of a dispute arising from the agreement between the involved parties. The bench held that any dispute unrelated to the terms of the agreement between the parties cannot be subject to the arbitration clause and therefore cannot be referred to arbitration under the...

Limited Jurisdiction In Appeals U/S 30 Workmen Compensation Act, Can't Re-Appreciate Evidence Or Venture Fact Finding: Rajasthan High Court

The Rajasthan High Court has reiterated that an appeal under Section 30 of the Workmen's Compensation Act confines jurisdiction of the High Court to only substantial questions of law wherein the court cannot re-appreciate the evidence for fact finding or answering factual questions. A bench of Justice Narendra Singh Dhaddha opined that Workmen Compensation Commissioner was the last authority...

S.427 CrPC | Sentence In Default Of Payment Of Fine Cannot Be Allowed To Run Concurrently With Substantive Sentences: Rajasthan High Court

The Rajasthan High Court has clarified that default sentences do not attract the benefit of running concurrently with other substantive sentences that an individual is subjected for any offence.While hearing a petition in relation to Section 427 CrPC, a bench of Justice Anil Kumar Upman stated that concurrent running of substantive sentences along with the sentences awarded for default of...

[Arbitration Act] Court Should Not Issue Broad Injunctions Under Section 9 If Dispute Involves Monetary Claim: Rajasthan High Court

The Rajasthan High Court bench of Justice Dinesh Mehta and Justice Rajendra Prakash Soni has held that while passing interim order or taking interim measure under Section 9 of the Arbitration and Conciliation Act, 1996, the court is required to have a prima-facie grasp of the dispute and claim of the parties. The bench held that the court should look at the nature of the controversy...

CrPC Doesn't Permit Keeping Rape Complaint Pending For Pre-Investigation: High Court Slams Rajasthan Police, Asks DGP To Intervene

The Rajasthan High Court has frowned upon the conduct of the Investigation Officer in a rape case for keeping the complaint pending for about a week, under the pretext of conducting a "pre-investigation", before filing the FIR. A bench of Justice Anoop Kumar Dhand said there is no such provision in the CrPC or principal in criminal jurisprudence to keep any report of offence of rape or...

Non-Compliance Of S.52A NDPS Act Prima Facie Vitiates Search & Seizure: Rajasthan HC Grants Bail To Man Allegedly Found With Half Kg Heroin

The Rajasthan High Court has reiterated that Section 52A of the Narcotic Drugs and Psychotropic Substances Act is mandatory in nature and failure to comply with the provision undermines the prosecution case and vitiates the entire search and seizure proceedings.A bench of Justice Rajendra Prakash Soni thus granted bail to a man allegedly found in possession of 510 gms heroin.Court said the...

S.138 NI Act | Relevant Date For Determining 'Legally Enforceable Debt' Is Date Of Presentation/ Maturity Of Cheque: Rajasthan High Court

The Rajasthan High Court has held that the relevant date for ascertaining existence of a "legally enforceable debt or liability" under the Negotiable Instruments Act is the date of presentation/maturity of the cheque.A bench of Justice Anil Kumar Upman said the drawer of a cheque cannot shirk their liability to pay the cheque amount by taking plea that there was no legally enforceable debt...

Removing Girl's Innerwear, Undressing Oneself Not 'Attempt To Rape' But Indecent Assault: Rajasthan High Court

The Rajasthan High Court has held that the act of removing a girl's innerwear and undressing oneself with nothing more will not attract the offence of 'attempt to commit rape' under Section 376 read with Section 511 of IPC but it will attract the offence of Assault to outrage modesty of a woman punishable under Section 354 IPC.In holding so, a bench of Justice Anoop Kumar Dhand emphasized on...

Testimony Of Injured Witness Can Be Relied Upon Unless There Are Major Contradictions: Rajasthan High Court

The Rajasthan High Court has reiterated that the testimony of an injured witness cannot be discarded merely because of minor discrepancies since he is not likely to spare the actual assailant in order to falsely implicate someone else.The bench of Justice Sudesh Bansal thus observed that the testimony of an injured witness is accorded a special status in law and it cannot be rejected unless...