Rajasthan High Court
Continuous Work Of Contractual Employees Does Not Create Any Vested Right For Permanent Employment: Rajasthan High Court Reiterates
Rajasthan High Court (“the Court”) has affirmed that individuals hired on a contractual basis through a placement agency do not have any vested interest in being employed by the government. The Court relied upon the Supreme Court case of K.K Suresh and Anr. v Food Corporation of India to arrive at this position.Furthermore, reliance was also placed on the case of Ganesh Digamber...
Rajasthan Bovine Animal Act | High Court Asks Govt To Add Provision Of Appeal Against Confiscation Of Vehicle Illegally Transporting Cattle
Perusing orders passed by District Collector under Section 6A of the Rajasthan Bovine Animal Act for confiscation of conveyance used to transport bovine animals without permit, the Rajasthan High Court has called upon the State legislature to introduce a provision of appeal.Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 aims...
Govt Cannot Disqualify Candidate Based Grounds Which Are Not Mentioned In Advertisement For Job Post: Rajasthan High Court
The Rajasthan High Court (“the Court”) has set aside an order of the Department of Medical, Health and Family Welfare, Government of Rajasthan (“the Department”) that rejected a candidate for a government post on the ground that the reason for disqualification was not mentioned as a disqualification criterion in the advertisement for the post. The Court termed the order as wholly...
Protection Against Hazardous Food Part Of Right To Life: Rajasthan High Court Takes Suo Moto Cognizance Of Rampant Food Adulteration
The Rajasthan High Court has taken suo moto cognizance of the rampant increase in food adulteration incidents, stating that protection against hazardous and injurious food articles is a facet of fundamental right to life under Article 21 of the Constitution.Food is essential for sustenance of life but today, entire world is too busy with other commitments to invest time in finding out whether...
Rajasthan HC Protects Private Land Owners From JDA's Demolition Drive Amid Court Vacation, Cites "7 Sub-Rights" Under Article 300-A
Rajasthan High Court has granted protection to the private land owners by preventing the Jaipur Development Authority (“JDA”) from demolishing their properties as a part of an encroachment removal drive till the time their matter is considered by a regular bench after vacation.Vacation bench of Justice Ashok Kumar Jain was hearing a petition in relation to an order passed by a division...
Lok Adalats Don't Have Adjudicatory Powers: Rajasthan High Court Sets Aside Award Permitting Withdrawal Of Criminal Prosecution
Rajasthan High Court has reiterated that Lok Adalats do not have adjudicatory powers and hence order of a Lok Adalat allowing withdrawal of a criminal prosecution cannot be sustined.The bench of Justice Anil Kumar Upman was hearing petition seeking quashing of an order of the National Lok Adalat that allowed the assistant public prosecutor to withdraw the criminal prosecution in a criminal...
S.138 NI Act | Rajasthan High Court Permits Correction Of Date Of Presentation And Dishonour Of Cheque In Complaint Petition
Rajasthan High Court has allowed a petition seeking amendment in a complaint under Section 138 of the NI Act and affidavit annexed to correct the typographical errors in relation to the dates of presentation and dishonour of cheque.The Court relied upon the Supreme Court case of S.R. Sukumar v Sunaad Raghuram, in which it was held that even if there is no specific provision in CrPC to amend...
No Explanation For Delay Of 4-5 Yrs In Filing FIR: Rajasthan High Court Grants Bail To Rape Accused
Rajasthan High Court (“the Court”) has granted bail to an accused booked under the Indian Penal Code (IPC) and SC/ST (Prevention of Atrocity) Amendment Act 2015 (“Act”) in an alleged case of rape, on the ground that no plausible explanation was provided by the prosecutrix for delaying the filing of FIR by 4-5 years.The bench of Justice Kuldeep Mathur was hearing an appeal filed by...
NEET UG 2024 | Rajasthan HC Issues Notice To NTA, UOI On Candidate's Plea For Compensatory Marks Due To OMR Sheet Delay
The Rajasthan High Court today issued a notice to the National Testing Agency (NTA) and the Union of India (UOI) in response to a plea from a NEET UG 2024 candidate who moved the Court seeking compensatory marks over the loss of time due to a delay in allotment of the OMR sheet during the examination.In her petition, 19-year-old Tanuja Yadav states that the respondent/Testing agency failed...
Breach Of Rules Framed U/S 41 Rajasthan Forest Act Regarding Transit Of Forest Produce Is Non-Cognizable Offence: High Court Quashes FIR
Rajasthan High Court has reiterated that no FIR can be registered in relation to breach of Rules framed by the State government under Section 41 of the Rajasthan Forest Act, 1953 to regulate transit of forest produce.Section 42 of the Act prescribes punishment of upto six months imprisonment for breach of Rules. A bench of Justice Anil Kumar Upman relied on Mousam Khan v. State of Raj. &...
Cheque Dishonour | Former Directors Cannot Be Made Liable For Cheques Issued By Company After Their Resignations Were Accepted: Rajasthan HC
The Rajasthan High Court (“the Court”) has reiterated that after resignation, directions cannot be made liable for dishonour of cheques that were issued by the company pursuant to the resignation. It further stated that to prove that the accused was responsible for the day-to-day affairs of the company, as required under Section 141 of the NI Act, repetition of the wordings used in...
Setting Cut-Off Dates For Recruitment Is Strictly Within Domain Of Employer, Cannot Be Relaxed To Accommodate Anyone: Rajasthan High Court
The Rajasthan High Court (“the Court”) has reiterated that fixing a cut-off date for recruitment processes falls purely in the domain of the employer and such a cut-off date was uniform for all the applicants and could not be relaxed for certain participants. The Court said:“It is a settled position of the law that the setting and beholding of a cut-off date falls purely within the...