If Police Investigation Reveals No Involvement Of Accused In Alleged Offence, Continuing LOC Would Violate Fundamental Rights: Rajasthan HC

Rajasthan High Court has directed the quashing of Look Out Circular and standing arrest warrant issued against the petitioner, who was not found to be involved in the alleged offence by the police, ruling that when the police itself was not interested in prosecuting her, continuation of the LOC would amount to violation of her fundamental rights under Article 21 of the Constitution.The bench...

Rajasthan High Court Allows Asaram Bapu To Avail Medical Treatment In Maharashtra For 17 Days Under Police Custody

The Rajasthan High Court on Tuesday allowed self-styled godman, Asaram Bapu, serving a life sentence for raping a minor girl, to get medical treatment at a Maharashtra-based Multidisciplinary Cardiac Care Hospital for 17 days in police custody. “Concededly, the applicant is behind the bars for last 12 years and he is 88 years of age and suffering from multiple ailments including...

Whether Arbitration Agreement Has All Essential Elements Can Better Be Decided By Tribunal U/S 16 Of A&C Act: Rajasthan High Court

The Rajasthan High Court bench of Justice Sudesh Bansal has held that the issue of validity of arbitration agreement more particularly in respect of having essential elements of the arbitration agreement, can better be considered and decided on merits by the arbitration tribunal under section 16 of the Arbitration Act. Brief Facts The present application has been filed under section...

Rajasthan HC Rejects Pleas Challenging Answer Key For Dental Medical Officers' Exam Due To Lack Of Palpable And Demonstrable Error

The Jaipur bench of the Rajasthan High Court rejected a bunch of writ petitions challenging the final answer key issued by the Rajasthan University of Health Science for Dental Medical Officer's exam ruling that the only situation in which disputed answer key can be interfered with if it appears to be “palpably and demonstrably erroneous”.In doing so the court found that the RUHS duly...

Referral Court U/S 11 Of Arbitration Act Cannot Enter Into Merits Of Subject Matter Of Disputes: Rajasthan High Court

The Rajasthan High Court bench of Justice Sudesh Bansal has held that the court under section 11 of the Arbitration Act cannot enter into merits of subject matter of the disputes. It has to see only the prima facie existence of an arbitration agreement. Brief Facts These two Arbitration Applications have been filed under section 11 of the Arbitration Act seeking the appointment...

CGST Rules Prescribing Time-Bound Submission Of Declaration Under TRAN-1 To Claim Transitional Credit Not Directory But Mandatory: Rajasthan HC

The Rajasthan High Court has held that Rules prescribing the 'time and manner' for claiming transitional credit, in addition to the statutory procedure provided under Section 140 of the Central Goods and Services Tax Act 2017, are mandatory in nature. A division bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri Laxman thus held that prescriptions under Section 117...

Daughter Who Became Widowed/ Divorced After Death Of Govt Employee Parent Falls Outside “Family” Under Pension Rules: Rajasthan HC

Rajasthan High Court rejected a bunch of writ petitions filed by daughters claiming family pension pursuant to their respective parents' death who were government employees, on the basis of them attaining status of a widow or a divorcee, subsequent to their parents' demise.The bench of Justice Dinesh Mehta ruled that the relevant date for determining family's right to receive family pension...

In Era Of Cut-Throat Competition, Candidate Obtaining Employment Through Fake Marksheets Can't Claim Equity: Rajasthan High Court

Rajasthan High Court has rejected the petition filed against order of the Rajasthan Rajya Vidhyut Utpadan Nigam Ltd. (“Respondent”) wherein petitioner's appointment was cancelled, on the grounds that the MBA degree based on which the appointment was obtained was fraudulent and false.The bench of Justice Dinesh Mehta further rejected the prayer of the petitioner to regularize his...

No Obligation On State To Inform Sexual Assault Victim Of Right To Terminate Pregnancy: Rajasthan HC Flags MTP Rules, Initiates Suo Moto Case

Upholding an order dismissing a father's plea seeking termination of his daughter's over 24-week pregnancy who was allegedly trafficked and raped, the Jaipur bench of the Rajasthan High Court took suo motu cognizance of the issue noting that there was no obligation in law on the State to apprise a sexual assault survivor of her right to termination.In doing so the court observed that delay...

Woman Died Within 4 Walls Of In-Laws' Home And Was Cremated Hurriedly: Rajasthan HC Overturns 22-Yr-Old Acquittal In Dowry Death Case

Overturning a 22-year old acquittal in a dowry death case, the Jodhpur bench of the Rajasthan High Court cancelled the bail bonds of the accused father-in-law and the mother-in-law, noting that they failed to explain the circumstances leading to the woman's death since the alleged crime took place within the four walls of their home.The court said that the duo failed to discharge their...

Rajasthan High Court Permits Admission In Navodaya Vidyalaya To Student Who Couldn't Attend 'Full Academic Session' Due To Pandemic

Rajasthan High Court has directed granting of admission to a student in the Shri School Jawahar Navodaya Vidyalaya (“the School”) who did not attend 3rd standard for full one academic session on account of the classes commencing with a few months delay due to Covid, as against the selection guidelines that required the candidate to pass standards 3rd, 4th and 5th after spending one...

Interpretation Of Contractual Stipulations Must Be Done To Give Full Effect To Arbitration Agreement: Rajasthan High Court

The Rajasthan High Court Bench of Justice Sudesh Bansal has held that it is a well-established principle of law if there is any contractual stipulation between the parties which under-mines the scope of the arbitration clause. Then, the same will be given an interpretation in the manner which gives full effect to the arbitration agreement between...