Rajasthan High Court
Referral Court Has Limited Role U/S 11 Of Arbitration Act To Verify Existence Of Arbitration Agreement: Rajasthan High Court
The Rajasthan High Court bench of Justice Sudesh Bansal affirmed that the scope of arbitration application, in view of Section 11(6A) of the Arbitration Act, 1996 is confined and limited to the extent of examining the existence of arbitration agreement between the parties for resolution of dispute. Brief Facts Applicant has filed instant arbitration application under Section 11...
Only State Govt Can Decide If Services Of Particular Employee Is Required: Rajasthan HC Nixes Contractual Dental Medical Officers' Plea
Rejecting a plea moved by Medical Officers (Dental) engaged by the state government on a contractual basis whose services were terminated, the Jodhpur bench of the Rajasthan High Court ruled that it was the government's domain to decide on employment of particular person working in it. In doing so the court observed that the officers engagement was carried out only on an urgent temporary...
Rajasthan High Court Lifts Stay Order On Conduct Of State Dental Council Elections
The division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman at the Rajasthan High Court allowed the special appeal filed by the Rajasthan State Dental Council, Jaipur, RUHS College of Dental Sciences (“RUHS”) against an order passed by the Single Judge wherein the election process to the Rajasthan State Dental Council commenced pursuant to the Election notification...
Cannot Compute Income Of 18-Yr-Old Accident Victim Based On Wages Of Unskilled Labour, Wages Of Semi-Skilled Labour To Be Considered: Rajasthan HC
In an appeal filed against an award passed by the Motor Accidents Claims Tribunal, the Jodhpur bench of Rajasthan High Court held that irrespective of there being no evidence on record to show that the deceased was employed, computing the income of an 18 year old based on minimum wages of an unskilled labour was unjustified. In doing so the court further underscored that the computation...
NEET | Merit Exclusive Criteria To Allocate College, Technical Formalities Can't Frustrate Fundamental Rights Of Meritorious Candidates: Rajasthan HC
Rajasthan High Court directed the Centre and the National Testing Agency (“NTA”) to consider the candidature of petitioners for allocation of collages based on their merits in NEET UG 2024 (“NEET”) which was rejected by the Centre on the grounds that the petitioners were not able to submit certain affidavit/ certificates in the prescribed format on time.The bench of Justice Sameer...
Rajasthan HC Permits Woman Booked In Criminal Case To Return Abroad For Studies, Prevent Revocation Of Her Daughter's Foreign Citizenship
Rajasthan High Court allowed the petition filed by a women accused in a Cheating case, seeking permission to get back her passport and return to Canada to finish her studies and also prevent the revocation of her daughter's Canadian citizenship for staying in another nation for more than 180 days.The bench of Justice Farjand Ali was hearing the petition against the order of the...
Difficult To Conclude If Accused Were Onlookers Or Real Culprits: Rajasthan HC Grants Bail To Men Accused Of Attacking Religious Procession
The Jodhpur bench of the Rajasthan High Court granted bail to several men accused of beating, throwing stones and using casteist slurs at members of a religious procession, noting that it was difficult to conclude whether the men were mere onlookers or the real culprits especially since there was no similar case pending against them.The court passed the order in two appeals filed by...
First Firearm 'Difficult To Carry Due To Big Size' Not Ground To Seek License For Another Weapon: Rajasthan High Court
The Rajasthan High Court has refused to interfere with competent authority's order rejecting a man's application for a second gun license which was sought on the ground that the first licensed gun that he possessed, a 12 bore gun, was too heavy for him to carry.The bench of Justice Anoop Kumar Dhand observed that the right to bear arms was completely different in India as compared to this...
'Bhangi', 'Neech', 'Bhikhari', 'Mangani', Not Caste Names: Rajasthan High Court Drops Charges Under SC/ST Act
The Jodhpur bench of the Rajasthan High Court dropped charges under the SC/ST Act against four men accused of using words like 'Bhangi', 'Neech', 'Bhikhari', 'Mangani' while addressing certain individuals, ruling that these words were not caste names and neither was there an allegation that the four men knew the castes of the latter. In doing so the court also observed that the police after...
Preferential Treatment In Selection Based On Present Place Of Posting Discriminatory, Violates Right To Equality: Rajasthan High Court
Rajasthan High Court has ruled that Rajasthan Government's decision to grant bonus marks in teacher selection exam to those opting for posting in the districts in which they were currently posted in government employment was not only against the statutory rules but also violative of Articles 14, 15 and 16 of the Constitution of India.The bench of Justice Anoop Kumar Dhand opined that such a...
'Nerve Shocking': Rajasthan HC Takes Suo Motu Cognizance Of Deteriorating Health Services In State, Says Hospitals Can't Play With Lives
The Rajasthan High Court has taken suo motu cognizance of the deteriorating condition of public health care system including gross negligence on part of hospitals in the State and has called upon the Union as well as State Ministry to submit a report on effective steps being taken for improving the present health care system.The bench of Justice Anoop Kumar Dhand opined that even...
Civil Service Rules | Suspension Ordinarily 'Preventive' But Suspension Over Trivial Allegations At Previous Posting 'Punitive': Rajasthan HC
Rajasthan High Court has ruled that the suspension order passed under Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1951 (“the Rules”) is not punitive in nature but preventive as a precaution against employee influencing or hampering the course of inquiry or tempering with the material related to it. However, suspending an employee over...