No Facts, No Submission, No Reasons In Order: SC Sets Aside Rajasthan HC Judgment [Read Judgment]
7 years, 11 months ago

No Facts, No Submission, No Reasons In Order: SC Sets Aside Rajasthan HC Judgment [Read Judgment]

Live Law  

The Supreme Court has set aside a Rajasthan High Court judgment which did not set out even the factual controversy nor dealt with the submissions urged by the parties before it and nor examined the issues in the context of relevant provisions of the Act that governed the controversy.A single bench of the high court had dismissed a writ petition The Supreme Court has set aside a Rajasthan High Court judgment which did not set out even the factual controversy nor dealt with the submissions urged by the parties before it and nor examined the issues in the context of relevant provisions of the Act that governed the controversy. “Having heard learned counsel for the appellant, we are of the opinion that no interference is called for in this appeal in the judgment of learned Single Judge who has rightly exercised his discretion in not interfering with the order passed by the Collector as the learned counsel has not been able to show how the impugned order is contrary to direction of Division Bench. That is not permissible.” The bench comprising Justice RK Agrawal and Justice AM Sapre said in order to appreciate the factual and legal controversy involved in the lis, the least which is expected of is that the order which decides the lis between the parties should contain the brief facts involved in the case, the grounds on which the action is impugned, the stand of the parties defending the action, the submissions of the parties in support of their stand, legal provisions, if any, applicable to the controversy involved in the lis, and lastly, the brief reasons as to why the case of one party deserves acceptance or rejection, as the case may be. Remanding the case to the single bench of the high court, the bench said: “Since the matter is quite old, we request the Single Judge to decide the writ petition expeditiously.” Recently, the Supreme Court had set aside a judgment passed by the Himachal Pradesh High Court because of the convoluted English used in the judgment.

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History of this topic

Executing Court Erred In Seeking Transfer Certificate To Execute Award When It Had Jurisidiction To Entertain Application: Rajasthan HC Sets Aside Order
4 days, 10 hours ago

Executing Court Erred In Seeking Transfer Certificate To Execute Award When It Had Jurisidiction To Entertain Application: Rajasthan HC Sets Aside Order

Live Law  

The Rajasthan High Court bench of Justice Narendra Singh Dhaddha has held that the Executing Court had committed an error in directing to furnish the transfer certificate for executing an award when it already had jurisdiction to hear the application. So, the orders dated 12.10.2018 and 13.03.2019 passed by the Executing Court deserve to be set aside, the court added. …

'For 20 Yrs He Was Sleeping': Rajasthan High Court Rejects Govt Employee's Plea Against 2002 Penalty Stopping Yearly Increments
1 week ago

'For 20 Yrs He Was Sleeping': Rajasthan High Court Rejects Govt Employee's Plea Against 2002 Penalty Stopping Yearly Increments

Live Law  

Dismissing a government employee's plea challenging a penalty which stopped three annual grade increments as well as rejection of appeal and review petitions, the Rajasthan High Court observed that his plea was barred by delay of over two decades. Justice Anoop Kumar Dhand in his order said, "It appears that the petitioner was sleeping over the matter for more than …

Imminent Threat To Public Peace Must Be Shown For Taking Action U/S 145 CrPC, Can't Be A Vague Assertion: Rajasthan High Court Reiterates
1 week, 4 days ago

Imminent Threat To Public Peace Must Be Shown For Taking Action U/S 145 CrPC, Can't Be A Vague Assertion: Rajasthan High Court Reiterates

Live Law  

The Rajasthan High Court has reaffirmed that before initiating proceeding under Section 145 CrPC pertaining to procedure for dispute over land which may breach peace, circumstances suggesting imminent danger of breach of peace or alike situations to presume such instant threat has to be shown with cogent and reliable material. or moving an application under Section 146 of the Cr.P.C., …

Court Cannot Act As Disciplinary Authority To Decide Correctness Of Allegations Against Delinquent Employee: Rajasthan HC
2 weeks, 4 days ago

Court Cannot Act As Disciplinary Authority To Decide Correctness Of Allegations Against Delinquent Employee: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that a writ petition does not ordinarily lie against a charge-sheet issued in disciplinary proceedings unless it was established that the same was issued by an authority that was not competent to initiate the disciplinary proceedings. The bench of Justice Anoop Kumar Dhand opined that charge-sheet could not be interfered with by the Court in …

Tenancy Act | Subordinate Court's Ad-Interim Order Not A Decided Case, Revision Plea Not Maintainable Before Revenue Board: Rajasthan HC
3 weeks, 4 days ago

Tenancy Act | Subordinate Court's Ad-Interim Order Not A Decided Case, Revision Plea Not Maintainable Before Revenue Board: Rajasthan HC

Live Law  

The Rajasthan High Court has said that under the Rajasthan Tenancy Act, revision petition is not maintainable before the Revenue Board against 'ex parte ad-interim' orders passed by subordinate revenue courts and appellate courts. Section 231 states that Board may call for the record of any case decided by any subordinate revenue court in which no appeal lies either to …

No Hearing Given: Rajasthan HC Quashes Trial Court Order Making Adverse Remarks Against Circle Officer For Alleged Negligence In Probe
4 weeks ago

No Hearing Given: Rajasthan HC Quashes Trial Court Order Making Adverse Remarks Against Circle Officer For Alleged Negligence In Probe

Live Law  

The Jaipur bench of the Rajasthan High Court set aside a trial court order which made adverse remarks against the concerned circle officer and where the DGP was directed to initiate disciplinary proceedings against the officer for alleged negligence committed during the investigation of a case. Justice Anoop Kumar Dhand observed that it was settled that no one could be …

Rajasthan HC Stays State Bar Council Resolution Extending Tenure Of Bar Association Members, Appoints Interim Administrative Committee
2 months ago

Rajasthan HC Stays State Bar Council Resolution Extending Tenure Of Bar Association Members, Appoints Interim Administrative Committee

Live Law  

The Rajasthan High Court has admitted a petition challenging the resolution of the Bar Council of Rajasthan dated April 16, 2024, which extended the tenure of the elected office bearers of the Bar Association from one year to two years. The court stayed the effect and operation of the resolution and appointed an Administrative Committee to manage the affairs of …

Purpose Of S.82 CrPC Is To Secure Accused's Presence, Once Achieved Property Attachment Proceedings Must Be Dropped: Rajasthan HC Reiterates
2 months, 1 week ago

Purpose Of S.82 CrPC Is To Secure Accused's Presence, Once Achieved Property Attachment Proceedings Must Be Dropped: Rajasthan HC Reiterates

Live Law  

The Jaipur bench of the Rajasthan High Court has reiterated that the purpose of initiating proceedings under Section 82 CrPC is to secure the presence of the accused who is stated to be absconding, and once that purpose was achieved the proceedings are to be withdrawn. The court was hearing a petition challenging the order of Additional Chief Judicial Magistrate …

Rajasthan HC Sets Aside Employee's Demotion From Post Held For 17 Years, Says Decision Rejecting Peer's Plea Seeking Same Relief Not In Rem
2 months, 2 weeks ago

Rajasthan HC Sets Aside Employee's Demotion From Post Held For 17 Years, Says Decision Rejecting Peer's Plea Seeking Same Relief Not In Rem

Live Law  

The Jodhpur bench of the Rajasthan High Court set aside a 14-year-old order demoting a government employee from a post on which he served for 17 years, wherein the demotion was directed based on a judgment in a plea by a similarly situated counterpart who had also sought promotion but was denied noting that he wasn't entitled to it. The …

Supreme Court Issues Notice On Plea To Include Rajasthani Language As Medium Of Instruction In Rajasthan Schools
2 months, 2 weeks ago

Supreme Court Issues Notice On Plea To Include Rajasthani Language As Medium Of Instruction In Rajasthan Schools

Live Law  

The Supreme Court last week issued notice on a petition seeking to include Rajasthani as a language to impart education to children in schools. The petitioners also sought directions to include Rajasthani Language in the examination syllabus of Rajasthan Eligibility Examination for Teacher. A bench comprising Justice Vikram Nath and Justice Sandeep Mehta issued notice to the State of Rajasthan, …

S.498A IPC | Circular Barring Husband From Seeking Govt Employment Due To Wife's Pending Cruelty Case Violates Article 14, 21: Rajasthan HC
2 months, 2 weeks ago

S.498A IPC | Circular Barring Husband From Seeking Govt Employment Due To Wife's Pending Cruelty Case Violates Article 14, 21: Rajasthan HC

Live Law  

The Jodhpur bench of the Rajasthan High Court set aside order rejecting candidature of the petitioner based on pending cruelty case under Section 498A IPC, ruling that at best the petitioner was "merely an under trial" and his fate is yet to be determined based on the trial's outcome. Perusing the order rejecting the petitioner's candidature, Justice Arun Monga said, …

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates
2 months, 3 weeks ago

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates

Live Law  

Rajasthan High Court reiterated that there was no blanket rule against filing successive petitions under Section 482, CrPC, before the High Court, however, in such petitions it had to be seen whether there was any change in facts and circumstances that necessitated filing of the petition. The bench of Justice Anoop Kumar Dhand was hearing a criminal miscellaneous petition against …

Rajasthan HC Upholds Reversal Of Certain Teachers' Promotion To Maintain Seniority, Says Not Granting Them Hearing Caused No Prejudice
2 months, 3 weeks ago

Rajasthan HC Upholds Reversal Of Certain Teachers' Promotion To Maintain Seniority, Says Not Granting Them Hearing Caused No Prejudice

Live Law  

“The petitioners reversion is a natural concomitant of grant of promotion to the persons senior to them, which has been done in review DPC.Such being the factual backdrop, the observance of principles of natural justice, even if made, would have been an empty formality, ” the bench observed. In such a scenario, bench of Justice Dinesh Mehta said, the State's …

Cheque Dishonour: Rajasthan High Court Sets Aside Conviction After Compromise, But Imposes 15% Cost On Drawer Citing Failed Appeal
2 months, 3 weeks 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 …

Rajasthan HC Sets Aside Termination Of Govt Employee For Appearing As Dummy Candidate In Exam, Says Charge Wasn't Included In Charge-Sheet
2 months, 3 weeks ago

Rajasthan HC Sets Aside Termination Of Govt Employee For Appearing As Dummy Candidate In Exam, Says Charge Wasn't Included In Charge-Sheet

Live Law  

Rajasthan High Court set aside the order of a District Education Officer wherein the services of a Junior Assistant were terminated based on the fact that the ground on which the Petitioner was terminated was not appearing either in the charge sheet or in the inquiry report. The bench of Justice Dinesh Mehta held that, “In the opinion of this …

Magistrate Must Show Disagreement With Police's Negative Final Report While Taking Cognizance Of Offence On A Protest Plea: Rajasthan HC
2 months, 4 weeks 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 …

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

Punjab & Haryana HC Bar Association Undertakes Before Supreme Court To Abide By SC Judgment On Lawyers' Strikes
3 months, 1 week ago

Punjab & Haryana HC Bar Association Undertakes Before Supreme Court To Abide By SC Judgment On Lawyers' Strikes

Live Law  

The Supreme Court on Friday concluded proceedings against the Punjab and Haryana High Court Bar Association after a fresh undertaking was filed by its acting president, Shri Jasdev Singh Brar that the Association will abide by the Supreme Court's judgment in Ex-Captain Harish Uppal v. Union of India regarding lawyers' strikes. A bench of Justice Abhay S Oka and Justice …

Rajasthan HC Disapproves Of Interim Order Increasing Seats In Medical College, Refuses To Interfere Since Admission Process Was Already Over
3 months, 1 week 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 …

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed
Trending News
3 months, 2 weeks 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 months, 2 weeks 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 …

Rajasthan DISCOMs, Supreme Court, Rajasthan High Court, JSW
Trending News
3 months, 2 weeks ago

Rajasthan DISCOMs, Supreme Court, Rajasthan High Court, JSW

Live Law  

The Supreme Court recently stayed the observations made by the Rajasthan High Court at Jodhpur in a Public Interest Litigation wherein Rajasthan DISCOMs were the Respondent parties. The said writ appeal will be decided by the Division Bench of the High Court uninfluenced by any observations made in the impugned judgment ” While doing so, the Apex Court categorically noted …

Can NCDRC Technical Member Sitting Singly Preside Over Bench? Supreme Court To Consider
3 months, 4 weeks ago

Can NCDRC Technical Member Sitting Singly Preside Over Bench? Supreme Court To Consider

Live Law  

The Supreme Court recently stayed proceedings in a consumer case pending before the National Consumer Disputes Redressal Commission, on challenge to an order passed therein by a Technical Member alone.A bench of Justices Dipankar Datta and Sandeep Mehta granted stay upon hearing Senior Advocate Trideep Pais for the appellant, who contended that the impugned order suffered from the vice of. …

Rajasthan High Court Dismisses PIL Challenging Appointments Of AAGs, Law Officers; Says Executive's Domain To Decided Their Suitability
3 months, 4 weeks ago

Rajasthan High Court Dismisses PIL Challenging Appointments Of AAGs, Law Officers; Says Executive's Domain To Decided Their Suitability

Live Law  

The Rajasthan High Court has dismissed a PIL filed by the national President of “Lashkar-E-Hind”, challenging the appointment of Additional Advocate Generals and Law Officers by the State Government, for lacking any merits and being filed solely on the basis of vague allegations. “The suitability of a lawyer who is engaged by the Government is a matter exclusively within the …

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

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

No Error In Rejecting Application For Suit Dismissal Filed On Grounds Of Undervaluation Of Suit Or Insufficient Court Fee: Rajasthan HC
4 months, 1 week ago

No Error In Rejecting Application For Suit Dismissal Filed On Grounds Of Undervaluation Of Suit Or Insufficient Court Fee: Rajasthan HC

Live Law  

Rajasthan High Court rejected a petitioner' challenge to Civil Judge's order of rejecting his application for dismissal of suit, under Order 7, Rule 11, CPC, filed on the ground that the suit was undervalued and filed after paying insufficient court fees. The bench of Justice Manoj Kumar Garg ruled that even if there was undervaluation or payment of insufficient court …

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed
4 months, 1 week 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
4 months, 1 week 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 …

High Court Holds Arbitral Award To Be Patently Illegal Due To Concealment Of Material Facts, Violation Of HC Order
5 months ago

High Court Holds Arbitral Award To Be Patently Illegal Due To Concealment Of Material Facts, Violation Of HC Order

Live Law  

The Rajasthan High Court has held that it was the bounden duty of the respondent to apprise the Arbitral Tribunal about the dismissal of the writ petition. Non-disclosure of the same, tantamount to grave misconduct on part of the respondent. The court observed that the use of the word 'however' does not mean that the decision that Steering Group had …

Rajasthan HC Quashes Censure Order Against Govt School Teacher For Substandard Class 8 Results, Finds No Specific Allegation Against Him
6 months, 1 week ago

Rajasthan HC Quashes Censure Order Against Govt School Teacher For Substandard Class 8 Results, Finds No Specific Allegation Against Him

Live Law  

Granting relief to a government school teacher, the Jaipur bench of the Rajasthan High Court set aside an order of censure passed against him over the result of Class 8 Board Examination in the concerned school being below the standard set by Department of Education. Referring to decisions of the high court on the issue, a single judge bench of …

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application
6 months, 3 weeks 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 …

SC bench to hear Punjab HC’s criticism of its order
7 months, 3 weeks ago

SC bench to hear Punjab HC’s criticism of its order

Hindustan Times  

The Supreme Court on Tuesday took suo motu cognisance of an unusual order issued by a Punjab and Haryana high court judge, who criticised a stay order previously passed by the apex court while commenting that the Supreme Court tends to perceive itself as more “supreme” than it actually is and views high courts as being less “high” than they …

SC refuses to stay Patna HC verdict setting aside Bihar law raising quotas from 50 to 65 pc
8 months ago

SC refuses to stay Patna HC verdict setting aside Bihar law raising quotas from 50 to 65 pc

Deccan Chronicle  

New Delhi: In a setback to the Bihar government, the Supreme Court on Monday refused to stay a Patna High Court order setting aside the amended reservation laws in the state that enabled the Nitish Kumar dispensation to raise quotas for Dalits, tribals and backward classes from 50 per cent to 65 percent.A bench comprising Chief Justice D Y Chandrachud …

S.24 CPC | Successful Transfer Petition Before District Court Cannot Be Challenged By Filing Another Transfer Petition In HC: Rajasthan HC
8 months, 1 week ago

S.24 CPC | Successful Transfer Petition Before District Court Cannot Be Challenged By Filing Another Transfer Petition In HC: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that a successful transfer petition under Section 24, CPC, before a district court cannot be challenged before the high court by filing another transfer petition under Section 24, CPC. It was held that the order of the district court on the transfer petition could not have been challenged by filing another transfer petition, rather a …

Supreme Court Approves HC Order Quashing Haryana Govt Decision To Grant Extra Marks To Certain Domiciles In Recruitment Tests
9 months, 1 week ago

Supreme Court Approves HC Order Quashing Haryana Govt Decision To Grant Extra Marks To Certain Domiciles In Recruitment Tests

Live Law  

The Supreme Court on Monday dismissed a petition filed by the Haryana Staff Selection Commission against a judgment of the Punjab and Haryana High Court setting aside a 2022 Notification that granted 5% additional marks to domiciles of Haryana in recruitment to certain posts based on "socio-economic" criteria. The vacation bench of Justices AS Oka and Rajesh Bindal was hearing …

Rajasthan High Court Sets Aside Trial Court's Ad-Interim Order Due To Earlier Contradictory Order In Another Matter Pending Between Same Parties
9 months, 4 weeks 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. …

Supreme Court Stays MP High Court Order Debarring 10 Advocates For Holding Strike, Says Lawyers Must Show Some Responsibility
11 months, 3 weeks ago

Supreme Court Stays MP High Court Order Debarring 10 Advocates For Holding Strike, Says Lawyers Must Show Some Responsibility

Live Law  

The Supreme Court on Wednesday stayed the Madhya Pradesh High Court order which debarred 10 members of the Seoni District Bar Association from appearing in any court for a period of one month and contesting elections to the Bar Association or Bar Council of the state. Recently, Madhya Pradesh High Court dropped 2624 contempt cases and 1938 show cause notices …

Rajasthan HC Stays Coercive Action Against Judicial Magistrate Accused Of Asking Rape Victim To Strip, Asks Media Not To Sensationalise Issue
11 months, 3 weeks 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 …

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

Issuance Of Summons Is Not Initiation Of Proceedings Referable To Under Section 6(2)(B) Of CGST Act: Rajasthan High Court
1 year ago

Issuance Of Summons Is Not Initiation Of Proceedings Referable To Under Section 6(2)(B) Of CGST Act: Rajasthan High Court

Live Law  

The Rajasthan High Court, Jaipur Bench, has held that issuance of summons is not initiation of proceedings referable to under Section 6 of the CGST Act.The bench of Justice Pankaj Bhandari and Justice Shubha Mehta has observed that the scope of Section 6 and Section 70 of the CGST Act is different and distinct, as the former deals with any …

Rajasthan HC Asks Family Courts To Avoid Unnecessary Adjournments, Observe S.21B Hindu Marriage Act Which Encourages Day-To-Day Trial
1 year ago

Rajasthan HC Asks Family Courts To Avoid Unnecessary Adjournments, Observe S.21B Hindu Marriage Act Which Encourages Day-To-Day Trial

Live Law  

The Rajasthan High Court has asked the family courts to sparingly grant adjournments during the pendency of divorce petitions, to realise the objective behind Section 21B of the Hindu Marriage Act, 1955. The writ petition was originally filed seeking the court's interference for the expeditious disposal of a petition for dissolution of marriage under Section 13 of the Hindu Marriage …

SC sets aside HC order on Ashok Khemka’s appraisal report
1 year ago

SC sets aside HC order on Ashok Khemka’s appraisal report

Hindustan Times  

The Supreme Court on Monday set aside a March 2019 Punjab and Haryana high court order by which the HC had overturned the remarks and grading made by Haryana chief minister ML Khattar in the performance appraisal report of senior IAS officer, Ashok Khemka. HC entered into specialised domain without having expertise The bench said that it was their opinion …

HC Erred In Setting Aside CM's Remarks Against IAS Officer's PAR : Supreme Court Allows Haryana Govt Appeal Against Ashok Khemka
1 year ago

HC Erred In Setting Aside CM's Remarks Against IAS Officer's PAR : Supreme Court Allows Haryana Govt Appeal Against Ashok Khemka

Live Law  

The Supreme Court today allowed Haryana government's challenge to a Punjab and Haryana High Court order, which set aside Chief Minister ML Khattar's remarks and overall grade regarding senior IAS Officer Ashok Khemka's Performance Appraisal Report. Against the same, Khemka approached the Punjab and Haryana High Court, which set aside the remarks and overall grade given by the Accepting Authority. …

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court
1 year, 2 months ago

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that pendente lite maintenance passed by Family Court under Section 24 of Hindu Marriage Act, 1955 is amenable to an appeal before High Court under Section 19 of the Family Courts Act.For context as per Section 19 of the Family Court, an appeal shall lie from every judgment or order, …

Rajasthan Land Revenue Rules 1963 | District Collector's Order Is Appealable Before Revenue Appellate Authority: High Court
1 year, 3 months ago

Rajasthan Land Revenue Rules 1963 | District Collector's Order Is Appealable Before Revenue Appellate Authority: High Court

Live Law  

The Rajasthan High Court has iterated that no party can be left remediless merely because there is no provision for appeal provided in a statute. The Court observed thus in the context of Rajasthan Land Revenue Rules, 1963, wherein it noted that regardless of the presence or absence of such lacunae in the Act, the petitioner can prefer an appeal …

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint
1 year, 4 months 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 Weekly Roundup (25th Sep- 1st Oct,2023)
1 year, 5 months ago

Supreme Court Weekly Roundup (25th Sep- 1st Oct,2023)

Live Law  

Judgment/Orders Medical Negligence & Res Ipsa Loquitur | Where Negligence Is Evident, Burden Of Proof Shifts To Hospital: Supreme Court Case Number: C.A. Citation: 2023 LiveLaw 827 The Supreme Court Bench comprising Justice Aniruddha Bose and Justice Vikram Nath, while interpreting Section 49 of the Registration Act, 1908, has held that an unregistered lease deed can be admitted in evidence …

Rajasthan High Court Orders Reinstatement Of BSF Constable Terminated In 2004 For Overstay Of Casual Leave
1 year, 8 months ago

Rajasthan High Court Orders Reinstatement Of BSF Constable Terminated In 2004 For Overstay Of Casual Leave

Live Law  

The Rajasthan High Court at Jaipur on Wednesday set aside the dismissal order of a BSF Constable who was terminated from the service in 2004 on account of over stay of casual leave. While directing the Union Government to reinstate the said constable, the single judge bench comprising Justice Anoop Kumar Dhand observed: “The impugned order dated 08.03.2004 has been …

High Court Cannot Exercise Inherent Powers U/S 482 CrPC To Review Its Judgment, Embargo U/S 362 Applies: Rajasthan High Court
1 year, 9 months ago

High Court Cannot Exercise Inherent Powers U/S 482 CrPC To Review Its Judgment, Embargo U/S 362 Applies: Rajasthan High Court

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The Rajasthan High Court at Jaipur has reiterated that the inherent powers of the High Court under Section 482 of IPC cannot be invoked to alter or review the final order of a criminal court. does not confer any new powers on the High Court; it only saves the inherent power which the Court possessed before the commencement of the …

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