Rajasthan High Court Weekly Roundup: June 6 To June 12, 2022

Nominal Index Eptisa Servicios De Ingenieria SL versus Ajmer Smart City Limited 2022 LiveLaw (Raj) 181 Hemant Nahta v. The Honble Speaker, Rajasthan Assembly & Ors. 2022 LiveLaw (Raj) 182 Geetanjali Medical College And Hospital v. The Union of India with other connected matters 2022 LiveLaw (Raj) 183 1. Award Cannot Be Remitted To The Arbitral Tribunal Under Section 34 (4) Of The A&C Act, If No Reasons and Findings Are Recorded: Rajasthan High Court Case Title: Eptisa Servicios De Ingenieria SL versus Ajmer Smart City Limited Citation: 2022 LiveLaw (Raj) 181 The Rajasthan High Court has ruled that the arbitral award cannot be remitted back to the Arbitral Tribunal under Section 34 (4) of the Arbitration and Conciliation Act, 1996 (A&C Act) if there are no findings recorded in the arbitral award on the contentious issues. The Single Bench of Justice Ashok Kumar Gaur reiterated that discretionary powers under Section 34 (4) of the A&C Act cannot be exercised under the guise of additional reasons or for filling up the gaps in the reasoning. The Court held that in the absence of any findings on the contentious issues in the award, no amount of reasons can cure the defect in the award. An arbitral award was challenged by the respondent/ award debtor Ajmer Smart City Limited by filing an application under Section 34 of the A&C Act before the Commercial Court. The petitioner/award holder Eptisa Servicios De Ingenieria filed an application under Section 34 (4) of the A&C Act before the Commercial Court. The Commercial Court passed an order dismissing the application of the petitioner. Against this order, the petitioner filed a writ petition before the Rajasthan High Court. 2. BSP MLAs Disqualification: Rajasthan High Court Refuses Interim Stay On Declaration Of Rajya Sabha Election Result; Polling Tomorrow Case Title: Hemant Nahta v. The Honble Speaker, Rajasthan Assembly & Ors. Citation: 2022 LiveLaw (Raj) 182 The vacation bench of Rajasthan High Court dismissed an application which sought interim stay on declaration of results of Rajya Sabha Elections till the disposal of writ petitions pertaining to disqualification of the six Rajasthan MLAs who originally were elected as Members of Bahujan Samaj Party and were later on considered as Members of the Indian National Congress. The order passed by the Speaker was challenged by Bahujan Samaj Party and Madan Dilawar, a sitting MLA of Bharatiya Janta Party and their petitions were disposed of by the Single Judge on 24.08.2020. The petitioner informed the court that the challenge against the single Judge's order has been pending before the Apex Court and no interim order has been passed by the Apex Court. 3. Medical Assessment & Rating Board Has Jurisdiction To Stop Admissions But Lacks Authority To Order Its Cancellation: Rajasthan HC Opines Prima FacieCase Title: Geetanjali Medical College And Hospital v. The Union of India with other connected matters Citation: 2022 LiveLaw (Raj) 183 The Rajasthan High Court, Jodhpur has observed that Medical Assessment & Rating Board (MARB) has jurisdiction to issue directions for stoppage of admissions but prima facie, it lacks the authority to issue cancellation of admission. Essentially, a batch of writ petitions were filed by medical colleges and its students, challenging the recommendations made by MARB for withdrawal of letter of permission, cancellation of admission in undergraduate and postgraduate courses for the academic year 2021-22 in the petitioner-institutions. On 28.04.2022, the court had passed an interim order protecting the admissions already granted to the students in various undergraduate or postgraduate courses in the petitioner institutions for the academic session 2021-22. Other Important Updates 1. Rajasthan High Court Gets Husband-Wife Duo As Judges The Acting Chief Justice of Rajasthan High Court, Justice Manindra Mohan Shrivastava administered the oath to two new judges, namely Justice Shubha Mehta and Justice Kuldeep Mathur. The swearing-in ceremony is noteworthy because this is the first time in the history of the Rajasthan High Court that a husband-wife duo will be sitting at the High Court at the same time. Notably, Justice Shubha Mehta is married to Justice Mahendra Kumar Goyal, who was elevated to the Bench on November 6, 2019 and has been serving as the Rajasthan High Court judge since then. The Rajasthan High Court has a total sanctioned strength of 50 Judges, which includes 38 permanent and 12 additional judges. Presently, there exist no additionally appointed judge working in the High Court. With the new appointments, the working strength of the High has now increased to 27 Justice Kuldeep Mathur has been appointed from Advocate's quota while Justice Shubha Mehta has been appointed from Judicial service quota. ...

Rajasthan High Court Weekly Roundup: June 6 To June 12, 2022

ANIRUDH VIJAY

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