State Denying Salary To Employee In Coma Since 2023 Is Inhuman, Violates Article 21: Rajasthan High Court Directs Review Of Dues

Rajasthan High Court expressed its pain with the State government for not paying salary to a government employee in coma for over two years after suffering brain hemorrhage, calling it inhumane, unreasonable and violative of Article 21 of the Constitution of India.Considering the “inhumane and arbitrary approach” and fairly settled law around the situation, Justice Ravi Chirania, instead...

Rajasthan High Court Orders Heirs Of Jaipur Royal Family To Remove 'Maharaj' And 'Princess' Prefixes From Their Plea

The Rajasthan High Court has directed the descendants of the erstwhile royal family of Jaipur to remove prefix “Maharaj” and “Princess” from the names of the petitioners as well as the respondents as mentioned in the case title of the petition, failing which the plea would be dismissed.The court was hearing petitions filed by Maharaj Prithviraj and Maharaj Jagat Singh through his...

Section 336(2) Municipalities Act | Transfer Order Does Not Require Officer's Consent, Different From Deputation: Rajasthan High Court

The Rajasthan High Court has observed that transfer order under Section 336(2) State Municipalities Act 2009, cannot be construed as a transfer by way of deputation since the provision does not provide for officer's consent which is essential for deputation.The court said that once an order under Section 336(2) is issued, the officer/employee has no option but to join the duty at the...

Income Tax | Rajasthan High Court Quashes Repeated Orders To Transfer Case, Calls Revenue's Approach 'Rigid' & 'Adamant'

The Rajasthan High Court has come down heavily on the Revenue Department for being “rigid and adamant” to transfer the case of the petitioner from Udaipur to Delhi under Section 127 of the Income Tax Act, 1961, despite the coordinate bench's earlier decision that quashed the same order.Section 127 of the Act empowers the income tax authorities to transfer a case from one Assessing officer...

Rajasthan High Court Quashes Ex-Parte Divorce Granted To Wife Based On Refusal Of Court Notice By Husband's Mother In His Absence

Rajasthan High Court held that refusal of service of notice by any person other than the noticee themselves or their agent cannot be considered refusal in the eye of law.The court held thus while quashing an ex-parte divorce decree granted by family court in the wife's favour after noting that the court notice was refused by the husband's mother in his absence. The division bench of...

Rajasthan High Court Slams Litigants For “Forum Shopping”, Imposes ₹1 Lakh Cost & Refers Issue To Chief Justice

Taking serious note of the practice of “forum shopping” and terming it highly disreputable, the Rajasthan High Court imposed a cost of Rs. 1 lakh each, on a number of petitioners for the same.The court was hearing a batch of pleas where certain institutions had sought inclusion of their names in the list of eligible institutions for counselling in B.Sc. Nursing Course for the academic...

Student Suicides: Rajasthan High Court Asks State, Centre To Inform On Appointment Of Counsellors, Inclusion Of Mental Health In Curriculum

The Rajasthan High Court directed the Centre, State, University Grants Commission, and CBSE to inform on steps taken to provide psychological counsellors and to incorporate psychological maintenance and mental health in the subject curriculum at all levels. The division bench of Acting Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit was hearing a petition that highlighted the...

Vaccinators Are Not Nurses, Job Responsibilities & Nature Of Work Are Different: Rajasthan High Court Rejects Plea For Appointment

The Rajasthan High Court dismissed plea by candidates seeking appointment as Nurse Grade II who claimed such entitlement to the post based on their work experience as a Vaccinator, clarifying that the two posts are different having different job responsibilities and nature of work. The Court was hearing petition by the candidate seeking bonus marks for recruitment to the post of Nurse Grade...

'Homemaker's Contribution Invaluable': Rajasthan High Court Enhances Compensation By ₹3.15 Lakh In Accident Case

The bench of Dr. Justice Nupur Bhati at the Rajasthan High Court enhanced the compensation awarded by the Motor Accidents Claims Tribunal, in relation to death of a homemaker, taking into account the “significant and invaluable contribution of homemakers”.The Court was hearing an appeal filed against the quantum of compensation awarded by the tribunal towards death of a homemaker. One of...

DRAT Has Discretion To Reduce Interest Granted By DRT In Favour Of Secured Creditor: Rajasthan High Court

The Rajasthan High Court held that the DRAT had discretion under Section 19(20) of the Recovery of Debts and Bankruptcy Act, 1993, to reduce the interest rate awarded by the DRT in favour of the secured creditor.The bench of Justice Anoop Kumar Dhand was hearing a challenge against the order of the DRAT by which the order passed by DRT was modified to the extent of reducing the interest rate...

Deceased's Ability To Pay Heavy EMIs Relevant Factor When Determining His Income In Motor Accident Compensation Claim: Rajasthan High Court

The Rajasthan High Court recently enhanced the compensation awarded by the Motor Accidents Claims Tribunal from around Rs. 7.80 Lakhs to around Rs. 60.62 lakhs, by recomputing the deceased's income in light of monthly EMIs being paid by him, as well as his holding of the agricultural land capable of yielding regular income.The bench of Justice Rekha Borana held that the ability of an...

Creation Of Revenue Villages Not Legislative But Administrative Act, Can't Be Interfered With Unless Arbitrary: Rajasthan High Court

The Rajasthan High Court rejected a bunch of petitions challenging creation of new Revenue Villages without convening a Gram Sabha meeting, observing that the creation of a village or alternation of revenue village's boundary depends on the specific needs of the village and is thus essentially an administrative act. It was alleged by the petitioner that the proposal for creating new...