Court In Exercise Of Supervisory Jurisdiction Shall Not Interfere With Arbitral Award, Limited Scope Of Interference: Rajasthan High Court

The Rajasthan High Court Bench of Justice Shree Chandrashekhar and Dr. Justice Nupur Bhati held that it is a well settled law that the interpretation of the clause of Agreement by the Arbitrator shall not be open to judicial interference unless it is demonstrated before the Court that the interpretation put by the Arbitral Tribunal was perverse. Additionally, the court held that...

Rajasthan HC Directs Re-Examination Of Candidate Declared Unfit For Post Of Constable Without Prescribed Medical Test, Orders Post To Be Kept Vacant

The bench of Justice Arun Monga at the Rajasthan High Court allowed petition by a candidate for the post of constable who was declared medically unfit on account of hypertension without conducting a 24-hours Ambulatory Blood Pressure Monitoring (ABPM) Test and directed the State to re-examine the candidate and till then keeping a post vacant for him.The petitioner had applied for the post...

Jaipur Tanker Blast | 'Govt Steps Not Sufficient, Serious Probe Needed': Rajasthan HC Takes Suo Moto Cognizance

The Rajasthan High Court has taken suo motu cognizance of the December 20th massive fire incident caused by a collision between a gas tanker and multiple vehicles on the Jaipur-Ajmer National Highway, which claimed the lives of at least 14 people. The Court has also raised serious concerns about road safety and the effectiveness of existing preventive measures.The Court observed that over...

[S.152 BNS] Sedition Law Is A Shield For National Security, Not A Sword Against Political Dissent: Rajasthan High Court

Rajasthan High Court has ruled that Section 152, BNS had its roots in Section 124A of the IPC and was similarly worded to the offence of sedition. The Court ruled that the provision should not be used to cripple legitimate dissent and that only deliberate actions with malicious intent fell under its ambit.Section 152, BNSS, criminalises any acts that endangered sovereignty, unity and integrity...

“Not Been Convicted Twice”: Rajasthan HC Orders Removal Of Man's Name From Police Surveillance Register After Being Booked In 7 Cases

The Jodhpur bench of Rajasthan High Court recently directed the State to delete the name of a man–booked in seven cases–from the police's Surveillance Register on the ground that he had not been convicted twice in the cases pending against him.Perusing through the record, judgments cited by the parties and Rajasthan Police Rules, Justice Manoj Kumar Garg in his order said, “Court is of...

Bank Has Right Of General Lien Over All Securities Of Customer In Ordinary Course, Unless Agreement Says Otherwise: Rajasthan HC Reiterates

The Jodhpur bench of the Rajasthan High Court has reiterated that a bank has the valuable right of general lien over all securities deposited by or on behalf of the customer in the ordinary course of banking business, unless the agreement is contrary to such right. In doing so the court set aside an order of the single judge directing Canara Bank to return the balance amount to a guarantor...

Political Vendetta Argument Can't Be Used To Curb Legal Proceeding: Rajasthan HC Nixes Municipal Head's Plea Claiming To Be Target Of Political Rivals

Dismissing a plea by the Chairman of the Municipal Corporation, Nawalgarh alleging political vendetta behind show cause notices issued to him, the Jaipur bench of the Rajasthan High Court said that political vendetta cannot be used as a shield to curb the initiation of proceedings under the law.The grievance raised by the petitioner was that he belongs to a particular political party and with...

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

While hearing an appeal against a single judge's interim order allowing increase in seats in a medical college, the Rajasthan High Court refused to interfere with the same since the admission process was already over. In doing so the high court, while observing that an interim order increasing the seats should not have been granted, directed the single judge to decide the matter...

Working For 240 days, Workmen Should Prove And Not Employer; Rajasthan HC Upholds Workman's Termination

A single judge bench of the Rajasthan High Court comprising of Justice Sudesh Bansal, held that an adverse inference can't be drawn against employer for non-production of record against workman's service period, it is upon the workman to prove their service period of 240 days preceding termination of service. Background Facts The workman was appointed as Watchman by...

Employee Of Aided Schools Can Directly Recover Grant In Aid From The State Government : Rajasthan High Court

A single judge bench of the Rajasthan High Court, comprising of Justice Sudesh Bansal held that the grant-in-aid can be sanctioned and paid directly by the State Government to the employees of the aided educational institutions. Background Facts The petitioner was an aided institution where respondent-Employee was appointed on a sanctioned and aided post. The Rajasthan...

Rajasthan High Court Allows Couple To Cure Defects In Application For 'Inter-Caste Marriage Help Scheme' With Almost 7 Yrs Delay

The bench of Justice Anoop Kumar Dhand at the Rajasthan High Court granted relief to an inter-caste married couple whose claim under the Dr. Savita Ben Ambedkar Inter-Caste Marriage Help Scheme (“the Scheme”) was rejected for not curing the defect in the application within a period of one month.The Scheme was started by the Government of Rajasthan to promote marriages between Hindu...

Rajasthan HC Junks Man's Plea Seeking Dismissal Of Daughter-In-Law From Service Over FIR For Allegedly Abetting Son's Suicide, Imposes 50K Costs

Rajasthan High Court imposed a cost of Rs. 50,000 on a father-in-law for filing a “baseless” writ petition seeking removal of his daughter-in-law from the post of patwari on the grounds of a pending FIR against her filed by him alleging her of abetting his son's suicide. The bench of Justice Anoop Kumar Dhand ruled that it was a settled position of law that process of law should not...