Challenge Of Compensation Under National Highways Act, 1956 Fall Under Arbitration And Conciliation Act, 1996: Rajasthan High Court

The Rajasthan High Court single bench of Justice Rekha Borana held that determination of compensation under National Highways Act, 1956 can be challenged before the arbitrator appointment by the Central Government. The bench held that challenges to such determination fall under the Arbitration and Conciliation Act, 1996. Brief Facts: The Appellant approached the Rajasthan...

Rajasthan High Court Suspects Forgery In Vakalatnama Of Joint Petition, Directs Judicial Registrar To Check Veracity Of Petitioners' Signatures

Suspecting that a single vakalatnama consisting of the signatures of 101 petitioners in a joint petition is forged, the Rajasthan High Court has directed the Registrar (Judicial) to investigate whether the petitioners themselves have affixed their signatures.The single-judge bench of Justice Dinesh Mehta directed that the petitioners' counsel should inform all petitioners to be present before...

'It's His Fundamental Right': Rajasthan High Court Allows Asaram Bapu To Avail Ayurvedic Treatment In Police Custody

The Rajasthan High Court on Thursday allowed self-styled godman Asaram Bapu to get ayurvedic treatment at 'Arogayadham Center' at Jodhpur in police custody.A bench of Justice Dinesh Mehta and Justice Vinit Kumar Mathur passed this order on a plea moved by Asaram while stating that the right to get appropriate treatment is his fundamental right and the same needs to be protected."We,...

[Rajasthan Excise Act] Bar U/S 69 On Release Of Seized Vehicle Applies To Vehicle Carrying Contraband, Not To Escorting Vehicle: High Court

Rajasthan High Court has iterated that the embargo under Section 69 of the Rajasthan Excise Act, 1950 on the powers of a criminal court won't be applicable when the seized vehicle was merely an escort for the vehicle that was originally carrying the contraband. The single judge bench of Justice Sudesh Bansal also clarified that the bar under Section 69(6) preventing the release of seized...

Can Officer Below ASI Rank Probe Cognizable Offences? Rajasthan High Court Refers Matter To Larger Bench

While disagreeing with the decision rendered by a co-ordinate bench earlier, a single judge bench of Rajasthan High Court has referred to a larger bench the issue of whether a police officer below ASI rank could investigate a cognisable offence or not.The single judge bench of Justice Anil Kumar Upman opined that Section 157 Cr.P.C. read with Rule 6.1 of the Rajasthan Police Rules, 1961...

Not Unsympathetic To Vendors Plight But Price Can't Be State's Infra: Rajasthan HC Slams Govt For Not Preventing Encroachment Upon Public Ways

Taking note of the excessive encroachments upon public ways and streets in the state disrupting the traffic, Rajasthan High Court has criticised the state machinery for turning a blind eye towards this pressing issue and took suo moto cognisance of the matter.The single judge bench of Justice Sameer Jain opined that encroachment by hawkers and vendors is equivalent to a 'public...

Rajasthan High Court Censures State For Not Acting Against Encroachers, Encourages Deployment Of Scientific Tools To Protect Forest Blocks

Citing the example of sustainable development in Bhutan as an apt model, Rajasthan High Court has directed the State to rely on scientific tools and methods to prevent forest encroachment and preserve natural resources.“…this Court directs the respondents to evolve and adopt the scientific temper for dealing with the problems, which are arising continuously all over the State, akin to...

PIL To Cancel Mining Lease In Khetri Rejected By Rajasthan High Court Citing Distortion Of Facts, Imposes Rs 5 Lakhs Cost On Litigants

Rajasthan High Court has imposed Rs 5 lakhs cost on villagers who filed a frivolous petition to cancel the mining lease granted to an entity in Jhunjhunu's Khetri district.The Division Bench of Justices Bhuwan Goyal and Pankaj Bhandari said the court-appointed Commissioner's report suggests that no mining activities have taken place in the disputed land for the last two years, contrary to...

Rajasthan HC Asks Family Courts To Avoid Unnecessary Adjournments, Observe S.21B Hindu Marriage Act Which Encourages Day-To-Day Trial

The Rajasthan High Court has asked the family courts to sparingly grant adjournments during the pendency of divorce petitions, to realise the objective behind Section 21B of the Hindu Marriage Act, 1955.The single-judge bench of Justice Anoop Kumar Dhand noted that disposal of divorce matters shouldn't be delayed unnecessarily and the proceedings should be concluded as expeditiously...

[Prevention Of Corruption Cases] Special Court Can Issue Suo Moto Directions For Further Investigation: Rajasthan High Court

Rajasthan High Court has recently held that the Special Court (Prevention of Corruption Cases) at Alwar was empowered to issue suo moto directions for further investigation while dismissing an application preferred by the Anti-Corruption Bureau under Section 169 Cr. P.C. on the ground of refusal of prosecution sanction.The special court had specifically directed ACB to inquire about the role...

Generation Of Surplus From Year To Year Cannot Be Bar For Trust In Seeking Section 10 (23C) (vi) Exemption: Rajasthan High Court

The Rajasthan High Court has held that the assessee is being run as a trust solely for educational purposes, thus seeking the exemption under Section 10(23C)(vi) of the Income Tax Act of 1961, and the generation of surplus from year to year cannot be a bar in seeking such an exemption under the provision of law.The bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman has...

Rajasthan High Court Denies Bail To ED Officer, His Associate Arrested By State ACB For Allegedly Accepting ₹15 Lakh Bribe

The Rajasthan High Court last week denied bail to an Officer of the Enforcement Directorate (ED) and his associate who were arrested last year in November by the State's Anti-Corruption Bureau (ACB) for allegedly accepting a bribe of Rs 15 lakh for settling a case related to a chit fund.A bench of Justice Anoop Kumar Dhand rejected their bail pleas noting that the economic offences are...