Absence Of Limitation Period Under ID Act Does Not Mandate Court To Entertain Substantially Delayed Claim: Rajasthan High Court
9 months, 1 week ago

Absence Of Limitation Period Under ID Act Does Not Mandate Court To Entertain Substantially Delayed Claim: Rajasthan High Court

Live Law  

A single judge bench of the Rajasthan High Court comprising of Justice Sameer Jain while deciding a Civil Writ Petition in the case of Udai Singh vs Executive Engineer, Irrigation Division Dholpur & Ors. Background Facts Udai Singh filed the present writ petition to challenge the order of the Labour Court vide which his Statement of Claim was dismissed due to substantial and prolonged delay on part of the Petitioner in raising his grievance. The court further observed that “The statutory absence of any period of limitation in the Industrial Disputes Act, 1947 does not by itself, have the effect of stale and/or substantially delayed lis being mandatorily entertained by the Courts. 17821/2019 Citation: 2024 LiveLaw 83 Case Name- Udai Singh vs Executive Engineer, Irrigation Division Dholpur & Ors Counsel for the Petitioner- Mr. Arun Sharma Click Here To Read/Download Order

Writ Court Singh Petitioner Udai Singh  rajasthan  entertain  writ  court  does  vs  singh  petitioner  petition  lis  mandate  entertained  id  period  limitation  high  substantially

History of this topic

Filing Of Repeated, Identical Petitions Is A Serious Menace To Administration Of Justice: Rajasthan HC Imposes Costs On Petitioners
1 week, 5 days 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 …

Rajasthan High Court Annual Digest 2024 [PART I]
1 week, 6 days ago

Rajasthan High Court Annual Digest 2024 [PART I]

Live Law  

Citations: 2024 LiveLaw 1 To 2024 LiveLaw 232 Orders/Judgments January 2024 Writ Petition Against Charge-Sheet Not Maintainable Unless Issued By Authority Not Competent To Initiate Disciplinary Action: Rajasthan HC Title: Laxman Singh Gurjar v. Rajasthan State Road Transport Corporation & 2 Ors. Title: Shiv Kumar Khandelwal vs State of Rajasthan & Ors Citation: 2024 LiveLaw 80 A single judge bench …

Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court
1 month, 1 week ago

Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court

Live Law  

Rajasthan High Court has ruled that the possibility of disciplinary inquiry taking a long time could not be a reason to invoke Section 19 of the Rajasthan Civil Services Rules, 1958 and do away with the inquiry. Hence, in order to take a quick and effective action, the disciplinary authority dismissed the petitioner from services under Rule 19 to send …

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 …

Appropriate Govt Cannot Refuse To Make Reference U/S 10 Industrial Disputes Act On Ground Of Delay: Rajasthan High Court
1 year, 4 months ago

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

Live Law  

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 …

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 …

'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 …

SC Order Extending Limitation Not Cloak For Investigating Agency To Claim Self-Serving Extension Under 167(2) Cr. P. C.': Rajasthan HC [Read Judgment]
4 years, 7 months ago

SC Order Extending Limitation Not Cloak For Investigating Agency To Claim Self-Serving Extension Under 167(2) Cr. P. C.': Rajasthan HC [Read Judgment]

Live Law  

The Rajasthan High Court on Friday rejected the contention that till the lockdown continues, the period prescribed in Section 167 Cr. P. C. stands automatically extended in view of the March 23 order of the Supreme Court, as it has the effect of binding law by virtue of Article 141/142. On March 23, the Apex Court had directed that the …

Rajasthan HC Sets Period Of Limitation For Preferring An Appeal From A Decision Of The Family Court As 90 Days [Read Judgment]
5 years, 1 month ago

Rajasthan HC Sets Period Of Limitation For Preferring An Appeal From A Decision Of The Family Court As 90 Days [Read Judgment]

Live Law  

A division bench of the Rajasthan High Court while harmonizing the provisions contained under Section 19 of the Family Courts Act, 1984 and Section 28 of the Hindu Marriage Act, 1955, held that the period of limitation for preferring an appeal from a decision of the Family Court is 90 days. The order addresses the confusion created by the two …

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