In Public Function Matters Like Electricity Supply No Ex Parte Stay Must Be Given, Vacation Plea Must Be Decided Expeditiously: Rajasthan HC
3 months, 3 weeks ago

In Public Function Matters Like Electricity Supply No Ex Parte Stay Must Be Given, Vacation Plea Must Be Decided Expeditiously: Rajasthan HC

Live Law  

The Jaipur bench of the Rajasthan High Court ruled that in matters that affect supply of public services like electricity to the consumers in the State, ordinarily ex-parte interim order ought not to be granted, and even if it was granted, the application for vacating the stay is required to be considered expeditiously. Though the appellants filed an application for vacating stay on 10.07.2024, the application remained pending despite requests made so much so that the appellants had to approach this Court by filing appeal against the exparte interim order". The bench then said that once an ex-parte interim order passed and as soon as the application for vacating stay is filed, the application is required to be decided one way or the other "expeditiously and it cannot be allowed to remain pending for a long time". Therefore, in such matters, ordinarily ex-parte interim order ought not to have been granted and even it was granted, the application for vacating stay was required to be considered expeditiously or the writ petition itself ought to have been decided finally.

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History of this topic

Tenancy Act | Subordinate Court's Ad-Interim Order Not A Decided Case, Revision Plea Not Maintainable Before Revenue Board: Rajasthan HC
1 week, 5 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 …

Section 143A NI Act | Interim Compensation To Complainant In Cheque Bounce Case Introduced In 2018 Amendment Is Prospective: Rajasthan HC
1 month, 3 weeks ago

Section 143A NI Act | Interim Compensation To Complainant In Cheque Bounce Case Introduced In 2018 Amendment Is Prospective: Rajasthan HC

Live Law  

The Jaipur bench of the Rajasthan High Court has reiterated that Section 143A, Negotiable Instruments Act, inserted after an amendment in 2018 introducing payment of interim compensation to complainant in a cheque bouncing case, has prospective application and cannot be applied to complaints filed before the amendment in a retrospective manner. Justice Anoop Kumar Dhand relied upon the Supreme Court …

Rajasthan Electricity (Duty) Act | Appellate Authority Can Pass Orders Incidental To Matter Before It Including Interim Orders Unless Prohibited: High Court
9 months ago

Rajasthan Electricity (Duty) Act | Appellate Authority Can Pass Orders Incidental To Matter Before It Including Interim Orders Unless Prohibited: High Court

Live Law  

The Rajasthan High Court has clarified that while deciding a matter, the appellate authority under the Rajasthan Electricity Act 1962 has the power to pass orders that are incidental to the matter including any interim orders. It is well settled principle that statutory authority/Appellate Authority having power to decide a matter has implicit jurisdiction and authority to pass such orders …

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