S.42 NDPS Act | Non-Compliance With Search, Seizure & Arrest Procedures Fatal To Prosecution: Rajasthan High Court

The Rajasthan High Court recently granted bail to an accused on the ground that the seizing officer, while undertaking proceedings for search and seizure was not posted as SHO of the concerned police station, thereby violating the mandate under Section 42 of the NDPS Act and the subsequent notification issued by the State Government. Justice Farjand Ali added that the NDPS Act had to be...

Aanganwadi Workers | 'Depriving Women Of Public Employment For Her Being Unmarried Violates Articles 14, 16': Rajasthan HC

The Rajasthan High Court has held that depriving a woman of public employment on the grounds of her being unmarried, apart from being violative of fundamental rights guaranteed to a woman under Articles 14 and 16 of the Constitution of India, also impinges upon a woman’s dignity.The bench of Justice Dinesh Mehta stressed that the State can not prevent a woman from claiming a job simply...

'Corruption In Judiciary' Remark| Rajasthan HC Issues Notice To CM Ashok Gehlot In PIL For Contempt Case Against Him

The Rajasthan High Court today issued a notice to the State's Chief Minister Ashok Gehlot in a PIL plea to initiate suo motu contempt proceedings against him over his alleged 'rampant corruption in Judiciary' remark."The contents of the statement, if made by the respondent, prima facie make out a case that it tends to scandalize the Courts because it does not refer to any particular case...

'Rampant Corruption In Judiciary' Remark: PIL In Rajasthan HC Seeks Suo Moto Contempt Case Against CM Ashok Gehlot

A PIL plea has been moved before the Rajasthan High Court to initiate suo motu contempt proceedings by invoking powers under Article 215 of the Constitution of India against State's Chief Minister Ashok Gehlot over his alleged 'rampant corruption in Judiciary' including in the higher judicial institutions remark.The PIL plea has been filed by a Supreme Court advocate and former Judicial...

Dispute Under Apprentices Act 1961 Cannot Be Treated As 'Industrial Dispute': Rajasthan High Court

The Rajasthan High Court at Jaipur has held that a dispute under the Apprentices Act 1961 cannot be treated as an 'industrial dispute' under the Industrial Disputes Act, 1947. Justice Anoop Kumar Dhand cited Section 18 of the 1961 Act which states that apprentices are trainees, not workers and that provisions of any law with respect to labour shall not apply to or in relation to an...

Appropriate Govt Cannot Refuse To Make Reference U/S 10 Industrial Disputes Act On Ground Of Delay: Rajasthan High Court

The Rajasthan High Court at Jaipur has held that appropriate Government cannot refuse to make a Reference under Section 10 of the Industrial Disputes Act, 1947 on the ground of delay and latches.It therefore quashed and set aside an order by which the appropriate Government had refused to make Reference to the Labour Court on the ground that the petitioner-workman raised the dispute after...

Dispute Not Resolved By Friendly Consultation As Per Agreement: Rajasthan High Court Appoints Arbitrator

The Rajasthan High Court at Jaipur recently allowed an application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator, on the ground that the Lease Agreement entered between the parties provided the mechanism to resolve the dispute by ‘friendly consultation’ and the respondent did not participate and make any effort to resolve the dispute by way...

Supreme Court Collegium Recommends Transfer Of Justice Rajnish Bhatnagar To Rajasthan High Court

The Supreme Court Collegium today reiterated its recommendation dated 10.08.2023 to transfer Justice Rajnish Bhatnagar from Delhi High Court to Rajasthan High Court.Though Justice Bhatnagar, by a representation dated 16 August 2023, requested for his retention in Delhi, the SC Collegium did not find any merit in his request and hence, it has now reiterated its recommendation to transfer him...

Rajasthan High Court Commutes Death Sentence Of Convict In Rape & Murder Case Of 4.5 Years Old Girl

The Rajasthan High Court, Jaipur Bench, has commuted the death sentence of a man convicted for rape and murder of a 4.5 years old girl, to life imprisonment. Considering the mitigating circumstances, the Court held that the convict is not a menace to society.The bench comprising Justice Pankaj Bhandari and Justice Bhuwan Goyal noted that the mitigating circumstances in favour of the Convict...

Forest Guard Exam| 'Chest Measurement Criterion For Women Is Arbitrary, Outrageous & Affront To A Woman’s Dignity': Rajasthan HC

In a significant verdict, the Rajasthan High Court has termed the recruitment eligibility criteria for the Forest Guard post, wherein women aspirants are expected to undergo chest measurement test, as 'arbitrary', 'outrageous' and an 'affront to the dignity of a woman'.Stating that the size of a woman’s chest is irrelevant for the purposes of determining her strength, the bench of...

Give Compassionate Appointment To Daughter-In-Law Who Lost Working Mother-In-Law, Husband To COVID-19: High Court To Rajasthan Govt

Granting relief to a woman who lost her mother-in-law — a senior government teacher, husband and father-in-law in quick succession, the Rajasthan High Court said that such exceptional situation requires the liberal construction of “dependent” under Rule 2 (c) of Rajasthan Compassionate Appointment of Dependent of Deceased Government Servant Rules, 1996, to include the “daughter...

Insurance Company Liable To Pay Compensation Only Under Workmen Compensation Act When Vehicle Driven By Deceased In Course Of Employment: Rajasthan HC

The Rajasthan High Court at Jaipur recently modified an award passed by Motor Accident Claims Tribunal and held that the liability of the Insurance Company would have to be restricted under the Workmen Compensation Act, 1923 and not under Motor Vehicles Act, 1988 when the vehicle in question was being driven by the deceased driver in the employment of the vehicle owner. The single judge bench...