Rajasthan High Court
S.31 State Financial Corporation Act Only Provides Procedure For Enforcement Of Claims Against Debtor, Surety; No Decree Can Be Passed: Rajasthan HC
Rajasthan High Court has held that no independent execution petition is maintainable regarding a successful application under Section 31 of the State Financial Corporations Act 1951 (“the Act”) since the application under Section 31 cannot be termed as plaint in a suit in which a money decree could be passed by the court.Section 31 of the Act provides for special provisions for enforcement...
Rajasthan High Court Grants Bail To Rape Accused After Prosecutrix Claims She Concocted Case To 'Get Rid Of Husband'
The Rajasthan High Court has granted bail to an accused charged for rape under IPC as well as POCSO Act, primarily looking at a representation made by the prosecutrix to the Superintendent of Police that revealed that the rape case was merely a façade created by her to malign her own image so that her husband abandons her.After recording of statement under Section 161 CrPC, a representation...
Dishonour Of Cheque Against Valid Loan Sufficient To Prosecute U/S 138 NI Act, Drawee Need Not Have Money Lending License: Rajasthan HC
The Rajasthan High Court has made it clear that in a case of cheque dishonor, it is to be seen is if the cheque was issued in relation to a valid loan and was dishonored without payment, even after giving notice.The bench of Justice Arun Monga said whether the complainant, that is drawee of the cheque, had a license to lend on interest is not relevant in the case of cheque dishonor.It thus...
Rajasthan HC Directs Reinstatement Of Constable 24 Yrs After Dismissal, Rules Different Punishment To Co-Delinquents Violates Article 14
Rajasthan High Court has directed reinstatement of a constable who was dismissed from service 24 years ago, ruling that imposing harsher punishment on a co-delinquent as compared to the other accused, when the charges against both the persons are same, violates right to equality under Article 14 of the Constitution.The bench of Justice Ganesh Ram Meena was hearing a petition filed...
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...