Nowadays It Is 'Fashion To Array Husband's Relatives In Domestic Violence Cases Irrespective Of Their Involvement: Rajasthan High Court

The Rajasthan High Court has recently taken judicial notice of the 'fashion' of arraying all relatives of a husband as respondents in domestic violence cases, irrespective of their involvement in the same.In allowing a revision petition by the petitioners, who were distant relatives of the complainant's husband, a single-judge bench of Justice Ashok Kumar Jain dismissed the complaint...

Rajasthan High Court Quashes Suspension Order Of Jaipur Mayor, Says Enquiry Officer & Officer-In-Charge Cannot Be The Same Person

Rajasthan High Court has recently underscored that 'no one can be a judge of his own cause' while quashing the suspension order against the Mayor of Jaipur Municipal Corporation (Heritage) dated 22.09.2023 made under Section 39(6) of Rajasthan Municipalities Act, 2009.In allowing the Mayor's plea, a single judge bench of Justice Anoop Kumar Dhand held that there had been inherent defects in...

Rajasthan Municipalities Act, 2009 | Elected Member Of Corporation Can Be Suspended U/s 39(6) Once Proceedings 'Commenced': Rajasthan HC

The Rajasthan High Court has reiterated that under Section 39(6) of Rajasthan Municipalities Act, 2009, an elected member of a Municipality can be suspended once proceedings have "commenced" against him.The court was hearing a petition filed by an elected member of the Ajmer Municipal Corporation, challenging his suspension for filing Vakalatnama against the Corporation in a suit for...

Rajasthan High Court Seeks Reply From Police Officials In Contempt Plea Alleging Violation Of Apex Court Guidelines On Arrest In Commercial Cases

Rajasthan High Court has recently issued notice to police officials including the Director General of Police in a contempt petition alleging a violation of Arnesh Kumar guidelines and Apex court’s mandate about making arrests in commercial cases.The contempt case that is currently before Justice Narendra Singh Dhaddha has been filed by a businessman and his family members by...

Land Acquisition Proceedings Lapse On State's Prolonged Failure To Take Possession Or Pay Compensation: Rajasthan High Court

Rajasthan High Court has recently allowed a petition seeking a direction to declare the proceedings in a certain land acquisition award from 1998 as ‘lapsed’ after nearly two and a half decades.The single-judge bench of Justice Anoop Kumar Dhand iterated that when the state has failed to take possession of the property or pay compensation to the petitioner as stipulated in the...

'Intention' Essential Ingredient Of Slaughter: Rajasthan HC Grants Relief To Company Manager For Allegedly Dumping Polythene On Grazing Ground

The Rajasthan High Court recently quashed the criminal proceedings initiated against the Deputy General Manager of a company for allegedly dumping polythene at a grazing ground, thereby "slaughtering" six of complainant's cattle.The single judge bench comprising Justice Farjand Ali noted that Section 3 of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary...

Plea For Mesne Profit To Be Rejected If No Evidence Of Wrongful Possession, Not Sought In Original Suit: Rajasthan High Court

The Rajasthan High Court recently held that a plea for mesne profit can be rejected if such relief was not specifically sought in the original suit and there was no evidence indicating wrongful possession by the appellant or any profitability associated with the use of the property.Justice Rekha Borana thus confirmed an interim order granting possession of a property to the appellant until...

DISCOMS As State Bodies Duty Bound To Protect Consumers' Interests: Rajasthan High Court

The Rajasthan High Court has recently held that Distribution Companies (DISCOMS), as bodies of the State government, have the duty to protect the interests of consumers.Justice Pushpendra Singh Bhati thus held that the imposition of the Special Fuel Surcharge beyond the original principal amount is deemed unjustified in the eyes of the law. "This Court also observes that the...

Rajasthan High Court Stays Cess Demand Against Hotelier, Who Is A Subsequent Purchaser

The Rajasthan High Court has stayed the cess demand against the hotelier, who was the subsequent purchaser.The bench of Justice Arun Monga acknowledged the fact that the cess can be levied only on the original owner, and the petitioner/assessee, being the subsequent purchaser, cannot be fastened with past liability.The petitioner/assessee, along with his two partners, purchased a property...

Justice MM Shrivastava To Serve As Acting Chief Justice Of Rajasthan High Court

The Central Government on Thursday notified the appointment of Justice Manindra Mohan Shrivastava as the Acting Chief Justice of the Rajasthan High Court. The said appointment of the Justice Shrivastava came after the elevation of the Chief Justice Augustine George Masih as a Judge of the Supreme Court. “In exercise of the power conferred by Article 223 of the Constitution of India,...

Illegal To Withhold Employee's Pension, Gratuity Particularly When Already Enrolled In An Old Pension Scheme: Rajasthan High Court

The Rajasthan High Court recently directed a Municipal Corporation to release an employee's pension and gratuity payments holding that withholding such benefits was illegal, unjust and arbitrary. Justice Anoop Kumar Dhand added that the Corporation asking him to choose between the New Pension Scheme and Old Pension Scheme, given the petitioner's prior enrolment in the Old Pension Scheme was...

Maternity Leave Can't Be Denied To Mother Who Has Begotten Children Through Surrogacy: Rajasthan High Court

In a significant order, the Rajasthan High Court has clarified that a natural biological mother, and a mother who has begotten a child through surrogacy cannot be differentiated for the purpose of granting maternity leave.The single-judge bench of Justice Anoop Kumar Dhand also opined that babies newly born through the process of surrogacy cannot be left at the mercy of others, and they...