Daily-Wage Workers Can't Afford Unpaid Weekly Offs: Rajasthan HC Rejects 26-Day Wage Formula, Seeks Correction Of Govt Order

While underscoring the ground realities of working conditions for daily-wage workers, Rajasthan High Court held that not every daily wage worker received paid-rest day every week. Hence, they cannot afford such unpaid rest day. Therefore, calculation of a daily wage worker's monthly wage should not happen based on 26 days, rather than 30 days. The bench of Justice Anoop Kumar Dhand observed that the 26-day rule was followed based on a notification/circular issued by the Ministry & Department...

Presumption Favors Claimant In Railway Accident Claims; Non-Recovery Of Ticket Not Fatal: Rajasthan High Court

The Rajasthan High Court has set aside an order of the Railways Claims Tribunal that rejected a claim filed by the petitioner in relation to her son's death, opining that whenever any untoward incident happens within the Railway premises or any railway track, the presumption lies against the Railway Authorities unless any evidence is submitted, suggesting otherwise. The bench of Justice Anoop Kumar Dhand was hearing a petition filed by a mother challenging rejection of her claim filed in...

'Unnatural Behaviour For Victim To Accompany Rapist': Rajasthan High Court Acquits Former Sarpanch In POCSO Case

While setting aside a POCSO conviction against a former Sarpanch, Rajasthan High Court observed that it was highly improbable that once rape was committed upon a minor girl, she would voluntarily accompany the alleged perpetrator to another place. Furthermore, while raising suspicion over the age of the victim, the division bench of Justice Vinit Kumar Mathur and Justice Chandra Shekhar...

Pending Criminal Case Doesn't Bar Passport Renewal, NOC From Court Not Needed In Absence Of Restraint Order: Rajasthan High Court

The Rajasthan High Court has held that the Passport authorities can't compel an applicant to get permission of criminal court for passport renewal, merely due to pendency of criminal proceedings against him, especially when the proceedings were stayed and the court had not restrained possession of passport. The bench of Justice Farjand Ali opined that Section 6(2)(f) of the Passports Act,...

Interim Maintenance Prevents Hardship, Doesn't Decide Entitlement: Rajasthan High Court Refuses To Enhance ₹40K Interim Maintenance

While rejecting the revision petition filed by the wife seeking enhancement of the interim maintenance, Rajasthan High Court held that such relief was discretionary and temporary, to prevent destitution of the aggrieved during the proceedings, which was granted by the court without undertaking a detailed adjudication. The bench of Justice Farjand Ali held that grant of interim maintenance was...

'Jurisdictional Transgression': Rajasthan High Court Quashes Lok Adalat Order On Title Dispute

The Rajasthan High Court has held that a Permanent Lok Adalat (PLA) cannot decide dispute on issuance of pattas (title deed) since it involves determination of land title, ownership and proprietary rights which are matters of serious civil consequences requiring full-fledged adjudication under the procedure of law. While setting aside an order by a Permanent Lok Adalat, the bench of...

State Authorities Bound To Register Marriages Solemnized Under Christian Marriage Act; Rajasthan 2009 Law No Bar: High Court

In a significant order passed last week, the Rajasthan High Court has directed the State authorities to mandatorily accept, record and register all Christian marriages solemnized in accordance with the Indian Christian Marriage Act, 1872 (ICM Act), in respect of which a certificate has been issued under the Act. In its detailed order, a Bench of Justice Pushpendra Singh Bhati...

Relief Can't Be Denied Just Because Officer Didn't Approach Court: Rajasthan High Court Quashes Stigmatic Remarks

The Rajasthan High Court has granted relief of expunging adverse remarks made by the trial court not only against the petitioner police officer, but also against another officer who did not approach the court for relief.The bench of Justice Anil Kumar Upman held that just because the other officer did not approach the court, it could not be said that the adverse remarks made against him...

Wrong Charge Strikes At Root Of Disciplinary Action: Rajasthan High Court Reinstates CRPF Constable

The Rajasthan High Court has held that while the form of the charge sheet overrides the substance but when its foundation itself is based on a wrong charge, the State cannot subsequently dilute or reinterpret the charge to suit the outcome of the enquiry. While setting aside the suspension of the petitioner-constable, the bench of Justice Anand Sharma observed that the disciplinary authority...

Non-Borrowers Can Approach DRT If Affected By SARFAESI Action, Writ Not Maintainable: Rajasthan High Court

While rejecting the writ petition filed by a flat purchaser which was declared a secured asset, the Rajasthan High Court held that even if a person was not a borrower or a guarantor, s/he was entitled to approach Debts Recovery Tribunal (DRT) if their rights were affected by the notice issued under the SARFAESI Act, and they were “aggrieved person”.The bench of Justice Sunil Beniwal...

Advocate Forced To Litigate For Fees, Paid After 15-Year Delay By State

A woman advocate practicing for almost 32 years at the Rajasthan High Court, received her professional fees for acting as advocate for the National Rural Health Mission (“NRHM”) in 84 petitions, only after 15 years, upon filing a legal case against the State. The petitioner was engaged by NRHM in 2010 as its advocate for appearing in a bunch of 84 petitions which were decided by the Court...

Court Must Examine Process Server Before Proceeding Ex-Parte On Alleged Refusal Of Summons: Rajasthan High Court

The Rajasthan High Court has held that accepting report of service of summons is a solemn act and not merely a formality. It is court's duty to examine the process serving officer if the report was not an affidavit. And even if the report was on affidavit, it is court's discretion to examine the officer to ascertain the correctness of the report. The bench of Justice Anoop Kumar Dhand...