Judgments/ Orders of the Week 1. Alienation Of Property During Pendency Of Suit Null & Void; Subsequent Purchaser Not A Necessary Or Proper Party: Rajasthan High Court Case Title: Yogesh Goyanka v. Govind and Ors. Citation: 2022 LiveLaw (Raj) 42 The Rajasthan High Court has recently observed that alienation of a property during pendency of a suit is null...
Judgments/ Orders of the Week
Case Title: Yogesh Goyanka v. Govind and Ors.
Citation: 2022 LiveLaw (Raj) 42
The Rajasthan High Court has recently observed that alienation of a property during pendency of a suit is null and void and hence, an application filed by the subsequent purchaser for impleadment as a necessary and proper party is not untenable in law.
Justice Sameer Jain, observed,
"The provisions of Section 52 of the Transfer of Property Act and the judgments cited at bar by learned counsel for the respondents, in loud voice, have held that alienation having been made in favour of any party during pendency of the suit, was hit by doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882 and hence, the said transaction is nullity, illegal and void and the Hon'ble Apex Court has further held that in the said situation, the application filed by the subsequent purchaser for impleading as necessary and proper party is not tenable."
Essentially, as per the petitioner, he along with proforma-respondents purchased a land from one Rajani Upadhaya and was never informed about pendency of suit for cancellation of sale deed which was executed in favour of the latter.
Case Title: Rajasthan Marudhara Gramin Bank Jodhpur, Through Its Chairman v. The Appellate Authority Under Payment Of Gratuity Act 1972, And The Deputy Chief Labour Commissioner (Central), Ajmer (Raj.)
Citation: 2022 LiveLaw (Raj) 43
The Rajasthan High Court has observed that an employee must receive gratuity, either under the Payment Of Gratuity Act 1972 or under the Regulations framed by the bank, whichever is more beneficial.
However, an employee can not choose computation of gratuity under one statute and seek benefits of other provisions under another statute.
The observation was made by a division bench of Chief Justice Akil Qureshi and Justice Rameshwar Vyas while dealing with a clutch of petitions raising a question as to whether employees of the Gramin Bank can claim benefits the 1972 Act or under Rajasthan Marudhara Gramin Bank (Officers and Employees) Service Regulations, 2010, or both.
It held,
"the scheme of gratuity under the Act of 1972 and under the regulations framed by the bank are different. For example, the Act of 1972 prescribes the ceiling beyond which the gratuity would not be paid irrespective of the computation. There is no such ceiling prescribed under the regulations. However, the regulations have other inherent limitations in computation of gratuity such as the gratuity computation would not exceed 15 months' salary upto 30 years of service, after which an additional benefit of half month's salary would be added to the payable gratuity. The employee, therefore, can claim gratuity either under the Act of 1972 or under the regulations framed by the bank, but cannot claim the benefit under both the statutes."
Case Title: Reliance General Insurance Company Ltd., Kota v. Shyam @ Jagdish S/o Gopal Lal
Citation: 2022 LiveLaw (Raj) 44
The Rajasthan High Court has held that under the scheme of the Workmen Compensation Act, 1923, the Compensation Commissioner is the last authority to decide any claim on facts. No appeal lies against its order unless a substantial question of law is involved.
Justice Anoop Kumar Dhand therefore dismissed an appeal filed by the Insurance Company challenging the order of Commissioner Workmen's Compensation, Bundi, for not qualifying any substantial question of law under.
It observed,
" Since the appeal is not qualifying to have a substantial question of law, which is mandatory under Section 30 of the Workmen's Compensation Act, 1923. Therefore, no interference is called for in this appeal and the same is dismissed."
Case Title: M/s. Shera Ram Choudhary v. State of Rajasthan, with connected matters
Citation: 2022 LiveLaw (Raj) 45
The Rajasthan High Court has set aside e-auction notices issued by the Water Department which demanded additional performance security for unbalanced bids, as arbitrary and illegal.
The court directed the respondents-state to permit the petitioners to perform the contract in accordance with law, without insisting upon additional performance security.
Justice Dinesh Mehta, ruled,
"A look at the provision given in Rule 75 of the Rules of 2013 shows that it provides for performance security only and does not envisage any other security in the name of additional performance security or otherwise. According to this Court, all the terms and conditions of a bid document are supposed to conform to the statutory provisions...The letter of the respondents and corresponding condition in the e-bid document requiring the petitioners to furnish additional performance security are hereby quashed."
Case Title: Dr. Naveen Jakhar v. State of Rajasthan
Citation: 2022 LiveLaw (Raj) 46
The Rajasthan High Court has observed that that the writ Courts, under Article 226 of the Constitution, may not interfere in every decision that is taken on the administrative side and fixing of a cut-off date, will be out of purview of a writ Court until the same is either fixed by keeping in mind the whimsical considerations or fixed in a mala fide manner
Justice Ashok Kumar Gaur ruled,
"This Court finds that the writ Courts, under Article 226 of the Constitution, may not interfere in every decision that is taken on the administrative side and fixing of a cut-off date, will be out of purview of a writ Court until the same is either fixed by keeping in mind the whimsical considerations or fixed in a malafide manner."
The court observed that State Government has found that rendering of service in remote, difficult and rural areas entitles a person to certain incentive/bonus marks, then the decision of the State Government, in its wisdom and as a matter of policy, to confer such benefit upto a particular date cannot be termed as whimsical or malafide.
Case Title: Sunita Rani v. State of Rajasthan
Citation: 2022 LiveLaw (Raj) 47
The Rajasthan High Court reiterated that females outside the State on migrating to Rajasthan post marriage may not be entitled to the benefit of reservation in public employment in the State, on account of being a member of a SC or ST or OBC in another State.
However, they can avail of other benefits as being an member of a reserved category, if the scheme envisages domicile or residence as entitlement.
The observation was made in a writ petition filed by one Sunita Rani, being aggrieved with the action of the respondents- Sub Divisional Magistrate and Tehsildar of Hanumangarh for not accepting her application for issuance of a caste certificate in her favour declaring that she is a member of Scheduled Caste (SC).
Justice Dinesh Mehta ruled,
"So it is clear that the petitioner is not entitled for reservation in public employment in the State of Rajasthan being the resident of State of Punjab, however, she can get the other benefits as being an SC on the strength of the certificate if the scheme envisages domicile or residence as entitlement."
Case Title: Madhav Singh Mehru and Ors. v. State of Rajasthan and Ors.
Citation: 2022 LiveLaw (Raj) 48
The Rajasthan High Court has held that the question of what should be the educational qualification and experience requirement for appointment to a public post are the matters to be decided by the Government authorities and as an employer, the State administration is best suited to frame its rules to fulfil the requirements of a post in question.
The division bench of Chief Justice Akil Kureshi and Justice Madan Gopal Vyas observed,
"Essentially, what should be the education qualification and experience requirement for appointment to a public post are the matters to be decided by the Government authorities. As an employer, the State administration is best suited to frame its rules to fulfil the requirements of a post in question."
Case Title: Kana Ram v. State of Rajasthan and Ors., and connected matters
Citation: 2022 LiveLaw (Raj) 49
The Rajasthan High Court has asked the State administration to set up a high powered committee, who would on a permanent basis monitor the infrastructural and other related issues concerning Government Sanskrit schools in the state.
The Bench of Chief Justice Akil Qureshi and Justice Madan Gopal Vyas observed that though the issues raised by the petitioners are genuine and valid, however, in public interest jurisdiction it is impossible for it to engage itself into micro management.
" The duty of the Court is to catalyse the government mechanism to take appropriate steps. It is simply not possible for the Court to minutely monitor every single aspect of public administration. The Government has the mechanism, wherewithal as also duty and responsibility to carry out such functions. Every failure of administration does not necessarily have cure only in law to be enforced by the Court," it observed.
Case Title: Surendra Jain v. State of Rajasthan and Ors.
Citation: 2022 LiveLaw (Raj) 50
The Rajasthan High Court on Wednesday made significant observations on the Covid-19 situation in the state. It observed that like many other states in the country, Rajasthan is fire-fighting against the third rise, but by all accounts, the situation is not out of control.
Hoping for a downward trend in cases, the division bench of Chief Justice Akil Kureshi and Justice Madan Gopal Vyas closed a PIL concerning Covid-19 management in the state.
The PIL was filed by one Surendra Jain last year, seeking directions to the State authorities to ensure sufficient and equitable distribution of life saving drugs and medical equipments such as Remdesivir, Oxygen cylinders etc. He also sought directions for appropriate treatment and management at Covid hospitals.
Case Title: Rituraj Singh Rathore v. State of Rajasthan and Ors.
Citation: 2022 LiveLaw (Raj) 51
The division bench of Rajasthan High Court refused to give directions in a plea seeking protection & maintenance of wildlife to control man-animal conflict & rescue and animals in distress in kumbhalgarh & todgarh wildlife sanctuaries.
Through this petition, the petitioner has taken up the cause of proper protection and maintenance of wildlife in and around Kumbhalgarh and Todgarh wildlife sanctuaries.
In particular, according to the petitioner for want of sufficient staff and equipments, the forest department has found it extremely difficult to control the situations of man-animal conflicts as well as to take prompt action for rescue of wild animals in distress.
Case Title: Tanay Jain v. Union of India and Ors.
Citation: 2022 LiveLaw (Raj) 52
A division bench of Rajasthan High Court, Jaipur observed that Black Fungus infections and the spread had not been stated to be of such a magnitude that it has been considered to be a pandemic.
Justice Manindra Mohan Shrivastava and Justice Birendra Kumar, while refusing to give any direction on the plea, observed:
"An issue of providing compensation for victims Black-Fungus infective virus has also been raised. On this count we do not think that we have to pass any order at this stage because such kind of infections and the spread had not been stated to be of such a magnitude that it has been considered to be a pandemic."
In this matter, a public interest litigation has been filed by one Tanay Jain seeking issuance of directions for payment of ex-gratia compensation to those who lost their family members due to Covid-19 pandemic.
Case Title: Nirmal Kumar Pitaliya v. State Of Rajasthan and Ors.
Citation: 2022 LiveLaw (Raj) 53
The Rajasthan High Court dismissed a plea filed by the Chairman of Municipal Board Badi Sadri challenging his suspension by the state government.
Justice Dinesh Mehta, observed,
"The allegation against the petitioner is acceptance of bribe, in discharge of his official duties, through his brother-in-law for clearing the bills of the complainant. The order of suspension states that if the petitioner is not suspended there is likelihood of him influencing the inquiry and the evidence. The said reason spelt out in the order of suspension is not only indicative of application of mind but also fulfils the requirement of recording reasons. According to this Court, the reason given thereunder is sufficient to justify the suspension of the petitioner."
Essentially, on a complaint, the police apprehended Kush Sharma, brother in-law of the petitioner while accepting a sum of Rs.2 lacs allegedly as a bribe on behalf of the petitioner. An FIR was lodged on 26.05.2021 and both of them were implicated. The state government, on information sent by Anti Corruption Deptt, placed the petitioner under suspension vide order dated 05.07.2021. Aggrieved by the suspension order, the petitioner filed the present writ petition on 09.12.2021. It is alleged that petitioner has not been served with any notice from the State Government in relation to any preliminary inquiry.
Case Title: Rudresh Jhunjhunwala and Ors. v. Satish Kumar and Ors.
Citation: 2022 LiveLaw (Raj) 54
The Rajasthan High Court, Jaipur observed that the appellate court cannot interfere when the trial court has exercised its discretionary and equitable jurisdiction to grant the temporary injunction in favour of plaintiff and against defendants.
Justice Sudesh Bansal, while disposing of the plea, observed,
"This Court is of considered view that this is not a fit case where the appellate court should exercise its power to interfere with the order of temporary injunction passed by the trial court. Thus, no interference is called for with the impugned order and accordingly the appeal is hereby dismissed."
Other Important Updates
In view of the gradual improvement in the conditions arising out of Covid-19 and relaxation in the conditions imposed by the State Government, the Registrar General of Rajasthan High Court has decided to extend the virtual hearing of Rajasthan High Court, Subordinate Courts, Special Courts and Tribunals in Rajasthan till 8 February 2022.
The Registrar General also issued guidelines for regular hearing of cases in the aforementioned courts from 09.02.2022 till further orders both by physical presence and video conferencing (hybrid mode).
The circular read,
"For safety and security of all concerned, it is hereby notified that Rajasthan High Court shall function only through virtual mode till 08.02.2022 in terms of Notification No. Acus(Esu.)/llC/Misc./Coronal2022l12 dated 04.01.2022."