Litigants Can't Suffer For Advocate's Bona-Fide Mistake: Rajasthan HC Restores Appeal Dismissed For Failure To Serve Notice On Respondent
1 month, 1 week ago

Litigants Can't Suffer For Advocate's Bona-Fide Mistake: Rajasthan HC Restores Appeal Dismissed For Failure To Serve Notice On Respondent

Live Law  

Rajasthan High Court has ruled that sometimes bonafide mistake could be committed by the counsel for a litigant by not furnishing the requisite notices upon the opposite party, however, instead of applying a hyper-technical approach and rejecting the case, justice oriented approach should be applied. The Court was hearing writ petitions filed against the order of the Rajasthan Civil Services Appellant Tribunal wherein the Tribunal had rejected the appeals of the petitioners for want of prosecution on account of the counsel's omission to file requisite notices to be served to the respondents. Aligning with the argument of the petitioners, the Court held that the Tribunal was not justified in rejecting the appeals at the first instance, for counsel's failure to furnish notices. “At times on account of bonafide mistake or otherwise, the appellant's counsel may omit to furnish the requisites, but the Tribunal should apply justice oriented approach instead of applying hyper-technical approach.” Accordingly, the order of the Tribunal was set aside and the petitioners were directed to file the noticed within one week before the office of the Tribunal.

Court Tribunal  tribunal  bonafide  restores  approach  failure  court  case  respondent  hc  rajasthan  notice  suffer  counsel  petitioners  justice  litigants  serve  order  mistake

History of this topic

Cheque Dishonour: Rajasthan High Court Sets Aside Conviction After Compromise, But Imposes 15% Cost On Drawer Citing Failed Appeal
2 days, 5 hours ago

Cheque Dishonour: Rajasthan High Court Sets Aside Conviction After Compromise, But Imposes 15% Cost On Drawer Citing Failed Appeal

Live Law  

Rajasthan High Court set aside conviction and sentence in a cheque dishonour case in light of settlement reached between the parties while imposing a cost of 15% of the cheque value on the petitioner since the compromise was reached at after rejection of appeal filed by the convict and pending revision petition. The bench of Justice Manoj Kumar Garg was …

Magistrate Must Show Disagreement With Police's Negative Final Report While Taking Cognizance Of Offence On A Protest Plea: Rajasthan HC
1 week ago

Magistrate Must Show Disagreement With Police's Negative Final Report While Taking Cognizance Of Offence On A Protest Plea: Rajasthan HC

Live Law  

While setting aside a decision of the trial court taking cognizance of offences including rioting in a protest plea, the Jodhpur bench of the Rajasthan High Court reiterated that it was settled law that while taking cognizance of offence on a protest petition the Magistrate should demonstrate his "disagreement with the police report". Pursuant to a complaint being filed against …

S. 138 NI Act | Complainant Can't Be Left Remediless Merely Because He Filed 'Premature' Complaint For Cheque Dishonour: Rajasthan HC
1 week, 4 days ago

S. 138 NI Act | Complainant Can't Be Left Remediless Merely Because He Filed 'Premature' Complaint For Cheque Dishonour: Rajasthan HC

Live Law  

“ From the aforesaid law laid down by the Apex Court in the case of Yogendra Pratap Singh and Gajanand Burange, it is apparent that in a case where the complaint was filed before the expiry of a period of fifteen days stipulated in the notice which is required to be served upon the drawer of the cheque, the Court …

Filing Of Repeated, Identical Petitions Is A Serious Menace To Administration Of Justice: Rajasthan HC Imposes Costs On Petitioners
2 weeks ago

Filing Of Repeated, Identical Petitions Is A Serious Menace To Administration Of Justice: Rajasthan HC Imposes Costs On Petitioners

Live Law  

Rajasthan High Court imposed symbolic cost of Rs. Otherwise, the doors of justice would be shut to legitimate causes simply by the weight of undeserving cases which flood the system… Every litigation has to come to an end at some point of time and similar and identical litigation cannot be allowed to flourish again and again for the luxury of …

100 Important Supreme Court Judgments- Part 3 [51 to 75]
2 weeks, 1 day ago

100 Important Supreme Court Judgments- Part 3 [51 to 75]

Live Law  

Case Title – Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari v. State of Uttar Pradesh., 2024 LiveLaw 486 In a significant judgment granting bail to an undertrial prisoner facing charges under the Unlawful Activities Act, 1967, the Supreme Court held that a constitutional court can grant bail despite statutory restrictions if it finds that the right to speedy …

Rajasthan HC Disapproves Of Interim Order Increasing Seats In Medical College, Refuses To Interfere Since Admission Process Was Already Over
3 weeks, 1 day ago

Rajasthan HC Disapproves Of Interim Order Increasing Seats In Medical College, Refuses To Interfere Since Admission Process Was Already Over

Live Law  

The bench however observed that even though they were of the view that the single judge should not have granted the interim order, however since the admission process in the present case was already over and students had paid fees and joined the college, the bench thereafter refused to interfere with the order. The division bench of Chief Justice Manindra …

Rajasthan HC Junks Man's Plea Seeking Dismissal Of Daughter-In-Law From Service Over FIR For Allegedly Abetting Son's Suicide, Imposes 50K Costs
3 weeks, 2 days ago

Rajasthan HC Junks Man's Plea Seeking Dismissal Of Daughter-In-Law From Service Over FIR For Allegedly Abetting Son's Suicide, Imposes 50K Costs

Live Law  

Rajasthan High Court imposed a cost of Rs. 50,000 on a father-in-law for filing a “baseless” writ petition seeking removal of his daughter-in-law from the post of patwari on the grounds of a pending FIR against her filed by him alleging her of abetting his son's suicide. The Court was hearing a writ petition filed by the petitioner seeking a …

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed
Trending News
3 weeks, 6 days ago

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

Live Law  

The Supreme Court recently dismissed a Special Leave Petition challenging a Rajasthan High Court judgment that directed the appointment of a candidate in the Rajasthan Judicial Services Examination 2021. A bench of Justice Hrishikesh Roy and Justice SVN Bhatti refused to interfere with the Rajasthan High Court's decision observing, “Having considered the basis for the impugned judgment of the Division …

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed
Trending News
3 weeks, 6 days ago

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

Live Law  

The Supreme Court recently dismissed a Special Leave Petition challenging a Rajasthan High Court judgment that directed the appointment of a candidate in the Rajasthan Judicial Services Examination 2021. A bench of Justice Hrishikesh Roy and Justice SVN Bhatti refused to interfere with the Rajasthan High Court's decision observing, “Having considered the basis for the impugned judgment of the Division …

Supreme Court To Hear Jharkhand IAS Officer's Plea Against HC Refusing To Hear Challenge To ECI Direction For Disciplinary Action
1 month ago

Supreme Court To Hear Jharkhand IAS Officer's Plea Against HC Refusing To Hear Challenge To ECI Direction For Disciplinary Action

Live Law  

The Supreme Court today issued notice on a plea involving the issue as to whether the Election Commission of India's direction to state government to take disciplinary action against a District Election Officer ought to be challenged before the jurisdictional High Court or the Central Administrative Tribunal.A bench of Justices Hrishikesh Roy and Pankaj Mithal called for the response of …

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction
1 month, 1 week ago

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction

Live Law  

Rajasthan High Court has set aside the conviction of a man convicted by the Special POCSO Court on the grounds that when the appellant's counsel refused to appear, instead of appointing an Amicus Curiae at that instance, the trial court closed the evidence. It was contended by the Amicus Curiae on behalf of the appellant that on account of trial …

Can't Make Party Suffer For Counsel's Non-Appearance Or Failure To Make Alternate Arrangement For Appearance: Rajasthan High Court
1 month, 2 weeks ago

Can't Make Party Suffer For Counsel's Non-Appearance Or Failure To Make Alternate Arrangement For Appearance: Rajasthan High Court

Live Law  

While hearing a writ petition, Rajasthan High Court upheld an order of the trial court that set aside an ex-parte decree against the respondents on the ground that the counsel of the respondents had underwent eye surgery and thus owing to his health conditions, he was not able to make an appearance before the court for the proceedings. However, we …

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed
1 month, 3 weeks ago

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed

Live Law  

In a contempt matter concerning encroachment of land, the Jodhpur bench of the Rajasthan High Court directed the petitioner to implead the then concerned Collector, Sub-divisional Officer and Tehsildar to seek their stand, warning them of punishment including "jail sentence" if they don't pay heed to court orders. The division bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri …

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs
1 month, 3 weeks ago

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs

Live Law  

Rajasthan High Court has set aside the penalty of compulsory retirement imposed upon an Additional District and Sessions Judge in 2015 for allowing the second bail application filed by a murder accused, despite having knowledge of the fact that the first bail application was rejected by the High Court and there was a pending transfer petition in front of the …

Condition Of Pre-Deposit U/S 148 Negotiable Instruments Act Can't Be Used To Jeopardise Convict's Right To Appeal: Rajasthan High Court
2 months ago

Condition Of Pre-Deposit U/S 148 Negotiable Instruments Act Can't Be Used To Jeopardise Convict's Right To Appeal: Rajasthan High Court

Live Law  

Rajasthan High Court has reiterated that Section 148 of the Negotiable Instruments Act should not be imposed in a situation where the condition of depositing 20% of the fine would amount to deprivation of the right of appeal of a person convicted under Section 138. Section 148, NI Act, provides that in an appeal by a convict of cheque dishonour, …

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application
4 months ago

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application

Live Law  

Rajasthan High Court has ruled that the application of rules should be with a humane approach and if procedural violation does not cause prejudice, courts must lean towards doing substantial justice rather than relying upon procedural and technical violation. Procedural and technical hurdles shall not be allowed to come in the way of the court while doing substantial justice.” The …

Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC
4 months, 4 weeks ago

Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC

Live Law  

The Rajasthan High Court granted relief to an aspirant for a government job 9 years after his candidature was rejected, despite being meritorious, on the grounds of a pending criminal case against him. The Court observed that firstly, denying government employment merely on the grounds of a pending criminal case was illegal, arbitrary and unjust because as per criminal jurisprudence, …

Availing Civil Remedy No Basis To Quash Criminal Proceedings When Facts Prima Facie Reveal Criminal Offence: Rajasthan High Court
6 months, 3 weeks ago

Availing Civil Remedy No Basis To Quash Criminal Proceedings When Facts Prima Facie Reveal Criminal Offence: Rajasthan High Court

Live Law  

The Rajasthan High Court has reiterated that availing a civil remedy does not by itself become grounds to quash a criminal complaint filed concerning facts which not only make out a civil wrong but a criminal offence as well. The Court said: “Merely on account of the fact that complainant had a civil remedy as also has availed that remedy, …

Rajasthan High Court Sets Aside Trial Court's Ad-Interim Order Due To Earlier Contradictory Order In Another Matter Pending Between Same Parties
7 months ago

Rajasthan High Court Sets Aside Trial Court's Ad-Interim Order Due To Earlier Contradictory Order In Another Matter Pending Between Same Parties

Live Law  

A bench of Justice Madan Gopal Vyas at the Rajasthan High Court quashed an order of a trial court for passing a contradictory ad-interim order over another ad-interim order passed by it in the same matter. The Court observed the following: “This Court finds that the impugned order passed by the learned trial court is wholly without application of mind. …

Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court
7 months, 2 weeks ago

Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court

Live Law  

Finding that the entire series of events have nexus with each other and the action of petitioner was done in discharge of his official duties, the Rajasthan High Court held that the cognizance for offences under Sections 323 and 504 IPC, taken by the Judicial Magistrate against a public servant, posted as Station House Officer, is unsustainable in law, in …

'Ignoring Precedent A Material Error' : Supreme Court Recalls Its 2022 Verdict For Not Considering Constitution Bench Judgment
7 months, 3 weeks ago

'Ignoring Precedent A Material Error' : Supreme Court Recalls Its 2022 Verdict For Not Considering Constitution Bench Judgment

Live Law  

The Supreme Court on May 16 recalled an earlier judgment passed it in 2022 after noting that a precedent laid down by the Constitution Bench was not applied in it.Reiterating the position of law laid down by the Five Judge Constitution Bench in Bhagat Ram & others vs. State of Punjab & others, the Court observed that if there exists …

Rajasthan HC Stays Coercive Action Against Judicial Magistrate Accused Of Asking Rape Victim To Strip, Asks Media Not To Sensationalise Issue
9 months ago

Rajasthan HC Stays Coercive Action Against Judicial Magistrate Accused Of Asking Rape Victim To Strip, Asks Media Not To Sensationalise Issue

Live Law  

The Rajasthan High Court today stayed coercive action till May 27 against a Judicial Magistrate who is facing an FIR for allegedly asking a Rape survivor to strip and show her injuries, last month. Appearing for the petitioner-association, Advocate Deepak Chauhan also drew the attention of the High Court towards the articles published in newspapers related to the alleged incident …

Many Cases Being Adjourned For Want Of State Counsel: Rajasthan High Court Seeks Governor's Intervention
9 months, 1 week ago

Many Cases Being Adjourned For Want Of State Counsel: Rajasthan High Court Seeks Governor's Intervention

Live Law  

Recently, Rajasthan High Court has criticized the state government for its lukewarm approach in conducting litigation despite repeatedly drawing the attention of the Chief Secretary and Principal Secretary to the pressing issue of lack of representation. The single-judge bench of Justice Ganesh Ram Meena made the adverse remarks when the State sought additional time for filing a reply to the …

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda
9 months, 4 weeks ago

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda

Live Law  

The Punjab and Haryana High Court has set aside the summoning order in a cheating case which was lodged 22 years after the alleged incident, observing that prosecution cannot be allowed to take undue benefit of the available legal remedies merely to further its own malicious agenda.A complaint was filed by a son in 2012 against a manager of his …

Rajasthan High Court Quashes POCSO Case On Being Informed Of Victim's Marriage With Accused
11 months ago

Rajasthan High Court Quashes POCSO Case On Being Informed Of Victim's Marriage With Accused

Live Law  

Recently, Rajasthan High Court decided to rescind criminal proceedings against a POCSO accused, after being informed that the victim/survivor is living a happily married life with the former. Before quashing the rape case ongoing before Jaipur Metropolitan I Special Judge, the single judge bench of Justice Mahendar Kumar Goyal observed that the survivor herself has stated before the court about …

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint
1 year, 1 month ago

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint

Live Law  

Observing that where the complaint was dismissed and thereafter challenged in the revision petition the accused has right to be heard, the Punjab & Haryana High Court has set aside the order of a Session Court which was passed in revision petition without issuing process to the accused.Justice Jasjit Singh Bedi said, "A perusal of Section 401 Cr.P.C. Observing that …

Supreme Court Asks MP HC To Relook Case Of Judge Aspirant Whose Selection Was Cancelled Over 'False' Dog Bite Case
1 year, 4 months ago

Supreme Court Asks MP HC To Relook Case Of Judge Aspirant Whose Selection Was Cancelled Over 'False' Dog Bite Case

Live Law  

The Supreme Court recently asked the Madhya Pradesh High Court to have a relook the case of a judicial aspirant, whose name was deleted from the merit list of the Madhya Pradesh Judicial Services Examination, 2019 due to a "false" criminal complaint. A Division Bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia in its order made a prima facie …

Supreme Court Rejects Advocates' Association's Plea Challenging HC Instructions To District Courts On Disposal Of Old Cases
1 year, 5 months ago

Supreme Court Rejects Advocates' Association's Plea Challenging HC Instructions To District Courts On Disposal Of Old Cases

Live Law  

The Supreme Court, on Monday, refused to entertain a petition filed by the OBC Advocates Welfare Association assailing the legality of three circulars issued by the Madhya Pradesh High Court asking District and Sessions Courts to dispose of 25 of their oldest cases every quarter to clear pendency. The Chief Justice of the Madhya Pradesh High Court intervened and asked …

Rajasthan High Court Pulls Up Senior Advocate For Seeking ‘Instant’ Hearing For Interim Relief In Plea Seeking Quashing Of FIR
1 year, 6 months ago

Rajasthan High Court Pulls Up Senior Advocate For Seeking ‘Instant’ Hearing For Interim Relief In Plea Seeking Quashing Of FIR

Live Law  

The Rajasthan High Court at Jaipur pulled up a Senior Advocate for "putting undue pressure" on the court to hear the prayer for stay of investigation in an FIR under Sections 410, 181, 198, 199, 200 of IPC against his client. Justice Birendra Kumar said said court has maintained "utmost restraint" in not initiating contempt proceedings against the senior counsel …

Rajasthan High Court Upholds Benefit Of Probation To Two Convicts, Says Complainant Has No Right To Seek Enhancement Of Sentence
1 year, 9 months ago

Rajasthan High Court Upholds Benefit Of Probation To Two Convicts, Says Complainant Has No Right To Seek Enhancement Of Sentence

Live Law  

The Rajasthan High Court on Tuesday upheld the judgement of a trial court which extended the benefit of probation to two convicts who were convicted under Section 323, Section 325 and Section 504 of IPC, in alternative to their imprisonment. The singe judge bench of Justice Farjand Ali observed: “I have gone through the judgment passed by learned trial Judge …

Supreme Court Yearly Digest 2022- Judiciary
1 year, 11 months ago

Supreme Court Yearly Digest 2022- Judiciary

Live Law  

Judges Appointment Judges Appointment - Collegium reiterations are binding - Supreme Court asks Centre to explain by reiterated names are sent back to the collegium- 10 names reiterated by the Supreme Court collegium sent back by the Central Government- SC asks Attorney General as to how under the Scheme of law prevalent, are reiterated names sent back - Refers to …

'Make A Choice' : Supreme Court Rejects Plea To Reschedule Judicial Examinations In Bihar, MP & Rajasthan Which Are Clashing
2 years, 5 months ago

'Make A Choice' : Supreme Court Rejects Plea To Reschedule Judicial Examinations In Bihar, MP & Rajasthan Which Are Clashing

Live Law  

The Supreme Court, on Tuesday, refused to entertain pleas seeking the Court's indulgence in issuing directions to Rajasthan, Bihar and Madhya Pradesh High Courts to conduct their respective Judicial examinations in such a manner, that they do not coincide. One of the pleas sought quashing of notification issued by the Madhya Pradesh High Court scheduling the Online Preliminary Examination of …

"Sometimes Bar Or Bench Members Unwarily Transgress Propriety Unintentionally": MP HC Expunges Remarks Against Senior Counsel
2 years, 7 months ago

"Sometimes Bar Or Bench Members Unwarily Transgress Propriety Unintentionally": MP HC Expunges Remarks Against Senior Counsel

Live Law  

"There are moments in courts when heated exchanges do take place and though rare, it is not unheard of that either the member of the Bar or the Bench also in equal measure, unwarily transgresses the line or propriety unintentionally," the Madhya Pradesh High Court observed recently as it expunged its remarks made against a senior counsel last month.With this, …

Disqualification Notices By Speaker | Rajasthan High Courts Issues Notice To Sachin Pilot Camp
2 years, 8 months ago

Disqualification Notices By Speaker | Rajasthan High Courts Issues Notice To Sachin Pilot Camp

Live Law  

The Rajasthan High Court has recently issued notices to Sachin Pilot and other 18 Members of Legislative Assembly in the 2020 matter whereby disqualification notices were issued by the Speaker to the aforesaid persons. Notably, the Rajasthan Speaker on 27.07.2020 withdrew the petition filed by him in the Supreme Court challenging the July 21 direction passed by the Rajasthan High …

At The Stage Of Framing Of Charges, Possibility Of Accused Person's Acquittal Not To Considered, Rather It Is To Be Seen Whether Prima Facie Case Is Made Out Or Not: Rajasthan HC
2 years, 8 months ago

At The Stage Of Framing Of Charges, Possibility Of Accused Person's Acquittal Not To Considered, Rather It Is To Be Seen Whether Prima Facie Case Is Made Out Or Not: Rajasthan HC

Live Law  

The Rajasthan High Court observed that medical evidence cannot be doubted, that too, at the stage of framing of charges, where as per the settled law laid down by the Supreme Court, the possibility of acquittal of the accused person are not to be taken into consideration, rather it is to be seen whether prima facie case is made out …

'Contemptuous': Rajasthan High Court Expresses Displeasure Over Counsel Insisting Judge To Recuse From Hearing, Places Matter Before CJ
2 years, 8 months ago

'Contemptuous': Rajasthan High Court Expresses Displeasure Over Counsel Insisting Judge To Recuse From Hearing, Places Matter Before CJ

Live Law  

The Rajasthan High Court has opined that no counsel can insist a Judge to recuse from hearing a case, even if during the course of hearing, the court has commented on the merits of the case, which in the counsel's opinion are not favourable. Without making any further comment regarding conduct of the petitioner's counsel and deeming it appropriate to …

If There Are No Specific Allegations In Petition, Can't Allow It To Be Supplied Through Rejoinders: Rajasthan High Court
2 years, 10 months ago

If There Are No Specific Allegations In Petition, Can't Allow It To Be Supplied Through Rejoinders: Rajasthan High Court

Live Law  

The Rajasthan High Court on Monday refused to entertain a public interest litigation alleging corruption in MGNREGA. A division bench of Acting Chief Justice Manindra Mohan Shrivastava and Justice Madan Gopal Vyas, observed, "After going through the petition, we find that though there are allegations made in the petition, there is no prima facie material along with the petition to …

Contempt Proceedings Not Maintainable If Two Interpretations Are Possible & Impugned Action Is Not Contumacious: Rajasthan High Court
2 years, 11 months ago

Contempt Proceedings Not Maintainable If Two Interpretations Are Possible & Impugned Action Is Not Contumacious: Rajasthan High Court

Live Law  

The Rajasthan High Court, Jaipur Bench has observed that a contempt proceeding would not be maintainable, if two interpretations are possible, and if the action in question is not contumacious. " " It is not in dispute that as far as directions to allow the petitioner to join services as Female Health Worker had already been complied with and further …

'Writ Petition Against Rejection Of Temporary Injunction By Trial Court Not Maintainable Under Art 226, Avail Appellate Remedy': Rajasthan High Court
2 years, 11 months ago

'Writ Petition Against Rejection Of Temporary Injunction By Trial Court Not Maintainable Under Art 226, Avail Appellate Remedy': Rajasthan High Court

Live Law  

The Rajasthan High Court has observed that writ petition against rejection of temporary injunction application by trial court is not maintainable under Articles 226 and 227 of the Constitution. Justice Dinesh Mehta, observed, "A writ petition against rejection of TI application by the trial Court is not maintainable under Articles 226 and 227 of the Constitution, as a hierarchy of …

Court Boycott : Supreme Court Rejects Apology Of Rajasthan HC Bar Association; Seeks A Resolution To Not Hold Strikes In Future
3 years, 1 month ago

Court Boycott : Supreme Court Rejects Apology Of Rajasthan HC Bar Association; Seeks A Resolution To Not Hold Strikes In Future

Live Law  

The Supreme Court has rejected the affidavits of apology tendered by the Rajasthan High Court Bar Association at Jaipur for boycotting a court, observing that the aplogy was not unconditional and unqualified.The Court has directed the office bearers of the Association to come up with a better affidavit and also to to come out with a Resolution stating that the …

Supreme Court Raps Rajasthan HC Bar Association At Jaipur For Not Filing Response To Contempt Notice For Court Boycott
3 years, 1 month ago

Supreme Court Raps Rajasthan HC Bar Association At Jaipur For Not Filing Response To Contempt Notice For Court Boycott

Live Law  

The Supreme Court on Tuesday observed with dismay that office bearers of the of the Bar Association of the Rajasthan High Court at Jaipur have not taken seriously the contempt notice issued to them for boycotting a bench of the High Court as part of a strike. Though the case was taken up on the same day and order was …

Court Boycott : Supreme Court Issues Contempt Notice To Rajasthan HC Bar Association At Jaipur
3 years, 3 months ago

Court Boycott : Supreme Court Issues Contempt Notice To Rajasthan HC Bar Association At Jaipur

Live Law  

The Supreme Court on Monday issued contempt notice to the office bearers of the Bar Association of the Rajasthan High Court at Jaipur for boycotting a bench of the High Court as part of strike.A bench comprising Justices MR Shah and AS Bopanna noted that despite repeated judgments of the Supreme Court which prohibit court boycotts and deprecated lawyers strikes, …

Supreme Court Upholds Rejection Of Candidature To Judicial Post Citing Absence Of 'Honourable Acquittal' In Criminal Case
3 years, 3 months ago

Supreme Court Upholds Rejection Of Candidature To Judicial Post Citing Absence Of 'Honourable Acquittal' In Criminal Case

Live Law  

The perception of the common man about the credentials and background of the judicial officer is vital, the Supreme Court observed while upholding non-appointment of a candidate to a post of judicial officer on the ground of the absence of 'honourable acquittal' in criminal cases.The bench of Justices KM Joseph and PS Narasimha observed that most suitable persons should be …

Writ Jurisdiction Cannot Be Utilised By A Litigant Only To Take Chance: Supreme Court
3 years, 11 months ago

Writ Jurisdiction Cannot Be Utilised By A Litigant Only To Take Chance: Supreme Court

Live Law  

"In our view, the extraordinary writ jurisdiction cannot be utilised by a litigant only to take chance and then to seek recourse to the other remedy after failing in its attempt on the basic merits of the case before the High Court", the Supreme Court remarked in a judgment delivered on Wednesday.The bench comprising Justices AM Khanwilkar and Dinesh Maheshwari …

Court Hearing First Appeal In Criminal Matter Required To Form Its Own Opinion, Reiterates SC [Read Order]
4 years, 2 months ago

Court Hearing First Appeal In Criminal Matter Required To Form Its Own Opinion, Reiterates SC [Read Order]

Live Law  

The Court hearing First Appeal in criminal matters required to form its opinion on the basis of the evidence on record and the opinion of the Trial Court, the Supreme Court has reiterated.While considering a Special Leave Petition against a Rajasthan High Court order which had dismissed an appeal against conviction recorded by the Trial Court. The Court hearing First …

SC Upholds Madhya Pradesh HC's Order to Cancel Advocate's Judge Post over Wife's 498A Complaint
4 years, 2 months ago

SC Upholds Madhya Pradesh HC's Order to Cancel Advocate's Judge Post over Wife's 498A Complaint

News 18  

The Supreme Court on Wednesday upheld the Madhya Pradesh High Court’s decision annul an advocate’s selection as a district judge for subjecting his wife to cruelty at her matrimonial home as per a complaint under Section 498A of the IPC. A bench of Justices Ashok Bhushan and M R Shah said, “The decision of the examination-cum-selection and appointment committee for …

Rajasthan political crisis | Speaker moves Supreme Court again
4 years, 5 months ago

Rajasthan political crisis | Speaker moves Supreme Court again

The Hindu  

Rajasthan Assembly Speaker, C.P. Joshi, on Wednesday moved the Supreme Court against the State High Court’s July 24 order effectively deferring his disqualification action against ousted deputy Chief Minister Sachin Pilot and 18 other dissident Congress legislators. The status quo order interdicts the Speaker from proceeding to even adjudicate the disqualification petitions pending before him under the Tenth Schedule of …

Rajasthan political crisis: SC allows Speaker to withdraw appeal against HC order on Sachin Pilot, 18 rebel MLAs
4 years, 5 months ago

Rajasthan political crisis: SC allows Speaker to withdraw appeal against HC order on Sachin Pilot, 18 rebel MLAs

Firstpost  

The High Court on 24 July had ordered the maintenance of status quo on the disqualification notice issued by the Speaker to 19 dissident Congress MLAs, including Pilot. New Delhi: The Supreme Court allowed the Rajasthan Assembly Speaker on Monday to withdraw his appeal against the high court’s order asking him to defer till 24 July the disqualification proceedings against …

Rajasthan HC Directs Registry To Not Entertain Appeals Under SC/ST Act Unless Victim Is Impleaded As A Party [Read Order]
4 years, 5 months ago

Rajasthan HC Directs Registry To Not Entertain Appeals Under SC/ST Act Unless Victim Is Impleaded As A Party [Read Order]

Live Law  

The Rajasthan High Court has directed its Registry to ensure that appeals preferred under the Scheduled Castes/ Scheduled Tribes Act are instituted only after the complainant/ victim in the case is impleaded as a Respondent-party. 'Victim' Under SC/ST Act Includes Parents & Family Members Of Person Suffering Injuries Of The Crime : Karnataka HC In view of the aforementioned provisions, …

Discover Related