Many Cases Being Adjourned For Want Of State Counsel: Rajasthan High Court Seeks Governor's Intervention
8 months, 3 weeks 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 petition preferred for appointment to the Post of Teacher Grade-III. “….The lethargic approach of the respondent-authority shows that the respondents are not acting as a welfare State and such kind of approach may lead to catastrophic situation for the whole litigation and justice system for which the poor unemployed litigants are coming to the Courts”, the bench sitting at Jaipur added that the petitioners are unemployed persons seeking respite from the court, and the purported 'welfare' state has been seeking adjournments to file a reply in the matter since 2020. For Petitioners: Advocate Jai Raj Tantia For Respondents: Advocates Rahul Gupta & Mr. Shubhendu Pilania for Basant Singh Chhaba, AAG Case Title: Rekha Kumari v. State of Rajasthan & Connected Matters Case No: S.B.

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History of this topic

Litigants Can't Suffer For Advocate's Bona-Fide Mistake: Rajasthan HC Restores Appeal Dismissed For Failure To Serve Notice On Respondent
3 weeks, 3 days 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
3 weeks, 6 days 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 …

Supreme Court to examine whether Governors are ‘subverting’ federalism
4 months, 4 weeks ago

Supreme Court to examine whether Governors are ‘subverting’ federalism

The Hindu  

The Supreme Court on Friday agreed to examine if Governors, by indefinitely sitting on crucial Bills only to eventually refer them to the President who solely acts on the advice of the Centre, are opening the doors for Union interference in the legislative domain of States, thereby subverting federalism. The decision of the court to intervene came in a petition …

Rajasthan HC Stays Coercive Action Against Judicial Magistrate Accused Of Asking Rape Victim To Strip, Asks Media Not To Sensationalise Issue
8 months, 2 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 …

S.321 CrPC | Public Prosecutor Not State's Postman, Withdrawal Of Prosecution Can't Be Done On Mere Asking Of Executive: Rajasthan High Court
10 months ago

S.321 CrPC | Public Prosecutor Not State's Postman, Withdrawal Of Prosecution Can't Be Done On Mere Asking Of Executive: Rajasthan High Court

Live Law  

In a recent decision, Rajasthan High Court has made a string of remarks about when an application to withdraw prosecution under Section 321 CrPC can be made. The single-judge bench of Justice Farjand Ali also observed that Section 321 CrPC provides an overwhelming pertinence to the discretion of a Public Prosecutor and his role, as an officer of the court, …

Rajasthan High Court Pulls Up Senior Advocate For Seeking ‘Instant’ Hearing For Interim Relief In Plea Seeking Quashing Of FIR
1 year, 5 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, 8 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 …

Rajasthan Non-Governmental Educational Institutions Act -Prior Approval Of Director Of Education Required To Remove Employee : Supreme Court
1 year, 11 months ago

Rajasthan Non-Governmental Educational Institutions Act -Prior Approval Of Director Of Education Required To Remove Employee : Supreme Court

Live Law  

Interpreting Section 18 of the Rajasthan Non-Governmental Educational Institutions Act, the Supreme Court held that prior approval of Director of Education has to be obtained even in case of termination/removal of an employee of a recognized institution after holding departmental proceedings.In this case, the appellant was terminated from service after conducting a disciplinary proceedings. Interpreting Section 18 of the Rajasthan …

'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 …

Rajasthan HC Asks Public Prosecutor To File Reply Within 2 Weeks In Asaram Bapu's Third Application For Suspension Of Sentences In Minor Rape Case
2 years, 8 months ago

Rajasthan HC Asks Public Prosecutor To File Reply Within 2 Weeks In Asaram Bapu's Third Application For Suspension Of Sentences In Minor Rape Case

Live Law  

The division bench of Rajasthan High Court, Jodhpur has asked the Public Prosecutor to file reply within two weeks in Asaram's third application for suspension of sentences in minor rape case. Justice Sandeep Mehta and Justice Vinit Kumar Mathur, ordered,"Learned Public Prosecutor prays for and is granted time to file reply to this third application for suspension of sentences. Justice …

'Open To Teachers To Raise Concerns To Authorities In Case Of Personal Difficulties', Rajasthan HC Dismisses Plea Seeking Directions To State To Not Deploy Teachers As BLO
2 years, 9 months ago

'Open To Teachers To Raise Concerns To Authorities In Case Of Personal Difficulties', Rajasthan HC Dismisses Plea Seeking Directions To State To Not Deploy Teachers As BLO

Live Law  

The Rajasthan High Court dismissed writ petitions seeking directions to the respondents-state to not deploy teachers as Booth Level Officer in view of the provisions of the Right of Children to Free & Compulsory Education Act, 2009. Further, the petitioners relying on the circulars issued by the education department dated 18.10.2011 and 01.06.2012, sought a specific direction that as the …

If There Are No Specific Allegations In Petition, Can't Allow It To Be Supplied Through Rejoinders: Rajasthan High Court
2 years, 9 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 …

Rajasthan High Court Issues Notice To Union, State Govt On Plea Challenging Rajasthan Madarsa Board Act 2020
3 years, 4 months ago

Rajasthan High Court Issues Notice To Union, State Govt On Plea Challenging Rajasthan Madarsa Board Act 2020

Live Law  

Claiming that the provisions of the Rajasthan Madarsa Board Act 2020 are against the concept of a secular democratic State, a plea has been moved before the Rajasthan High Court challenging the State Legislation. The State of Rajasthan had notified the Rajasthan Madarsa Board Act 2020 in the Official Gazette on September 23, 2020. Importantly, the plea The reliefs prayed …

The Hindu Explains | Why are questions being raised about the actions of Rajasthan Governor Kalraj Mishra?
4 years, 4 months ago

The Hindu Explains | Why are questions being raised about the actions of Rajasthan Governor Kalraj Mishra?

The Hindu  

The story so far: In Rajasthan, Governor Kalraj Mishra repeatedly turned down the advice of the Council of Ministers to convene a session of the Rajasthan Assembly. The controversy in Rajasthan now is around the Governor’s refusal to summon a session as desired by the Council of Ministers; in Arunachal Pradesh in 2015, the Governor changed the schedule of a …

Rajasthan Congress Legislative Party Chief Whip Moves SC Against HC Decision To Stay State Assembly Proceedings [Read Petition]
4 years, 4 months ago

Rajasthan Congress Legislative Party Chief Whip Moves SC Against HC Decision To Stay State Assembly Proceedings [Read Petition]

Live Law  

The Chief Whip of the Congress Legislative Party in the Rajasthan Assembly has filed a Special Leave Petition in Supreme Court challenging Rajasthan High Court's decision to stay proceedings in the state assembly, initiated at the instance of the Sachin Pilot camp Through its Order, dated July 24, the High Court had restrained the Speaker of the Rajasthan Assembly from …

Rajasthan political crisis | Speaker moves Supreme Court again
4 years, 4 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 | Supreme Court refuses Rajasthan Speaker’s plea against High Court order
4 years, 5 months ago

Rajasthan political crisis | Supreme Court refuses Rajasthan Speaker’s plea against High Court order

The Hindu  

The Supreme Court on Thursday refused Rajasthan Assembly Speaker C.P. But the High Court order on July 24 will be subject to the final decision on the Speaker’s remonstrance in the Supreme Court that the High Court crossed the ‘Lakshman Rekha’ and interfered with an ongoing disqualification proceedings even before he could take a final decision. Rajasthan political crisis | …

Rajasthan political crisis | Supreme Court to hear on July 23 Speaker’s plea against High Court order to defer anti-defection proceedings
4 years, 5 months ago

Rajasthan political crisis | Supreme Court to hear on July 23 Speaker’s plea against High Court order to defer anti-defection proceedings

The Hindu  

A Supreme Court Bench led by Justice Arun Mishra is scheduled to hear on Thursday an appeal filed by the Rajasthan Speaker’s office challenging the State High Court order to defer anti-defection proceedings against former Deputy Chief Minister Sachin Pilot and 18 breakaway Congress MLAs till July 24. Joshi’s office filed the special leave petition, through advocate Sunil Fernandes, three …

Rajasthan HC Adjourns Hearing As Sachin Pilot, Rebel MLAs Seek Time To Amend Petition To Challenge Constitutionality Of Some Provisions
4 years, 5 months ago

Rajasthan HC Adjourns Hearing As Sachin Pilot, Rebel MLAs Seek Time To Amend Petition To Challenge Constitutionality Of Some Provisions

Live Law  

The Rajasthan High Court on Thursday adjourned the hearing on the petition filed by Sachin Pilot and 18 other rebel congress MLAs, after Senior Advocate Harish Salve, appearing for the petitioners, sought adjournment to file an amendment application to challenge constitutionality of some provisions.Senior Advocate Salve also sought that the matter be heard by a division bench.Accordingly,. The Rajasthan High …

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