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Rajasthan High Court Weekly Roundup: February 7 To February 13, 2022
ANIRUDH VIJAY
13 Feb 2022 2:22 PM GMT
Judgments/ Orders of the Week 1. Rajasthan HC Reverses Finding Of Motor Accident Tribunal; Directs Insurer Of Offending Vehicle To Reimburse Payment Made By Opposite Vehicle's Insurer Case Title: New India Assurance Company Ltd., through Regional Manager v. Smt. Kanchan DeviCitation: 2022 LiveLaw (Raj) 55Reversing the findings of a Motor Accident Tribunal which had...
Judgments/ Orders of the Week
Case Title: New India Assurance Company Ltd., through Regional Manager v. Smt. Kanchan Devi
Reversing the findings of a Motor Accident Tribunal which had fixed 50% contributory negligence on the truck driver against which the claimants' car had dashed, the Rajasthan High Court has directed the car insurance company to reimburse the payments made by insurer of the truck.
Justice Birendra Kumar held that the Tribunal had passed the impugned order without taking note of the fact that the driver of the truck had died two days before the accident and the claimants' car had dashed into the truck which was in the seizure of the police and was parked in soiled portion of the road leaving the pitch road completely free for movement.
The bench thus ordered, "Accordingly, the impugned judgment is set aside to the extent that the Tribunal has fixed the liability to pay compensation on respondent Nos.2 and 3 i.e. owner and insurer of the truck. In fact, the liability was against the owner and insurer of car during use whereof the accident took place...Accordingly, the same is set aside and it is ordered that the entire liability to pay compensation goes against the owner and insurer of the car. Since the car was insured with respondent No.12 it is liable to pay entire compensation payable to the claimants...It has been informed that the appellant (truck insurer) has already paid Rs.5,10,500/- to the claimant. Therefore, the appellant would be entitled to be reimbursed by respondent No.12."
Case Title: Rajasthan High Court Bar Association Versus State Of Rajasthan & Ors.
Citation: 2022 LiveLaw (Raj) 56
The Rajasthan High Court restrained state from issuance of registration certificate to Rajasthan High Court Senior Lawyers Association, Jaipur till further orders. The plea was filed by Rajasthan High Court Bar Association, Jaipur through its General Secretary Adv. Girraj Prasad Sharma.
Justice Mahendra Kumar Goyal, ruled, "Taking into consideration the contentions advanced by learned Senior Counsel and the material on record, the respondents No.1 & 2 are restrained from issuing registration certificate in favour of the respondent No.3 & 4, till further orders."
The court issued notice in this plea challenging the registration of 'Rajasthan High Court Senior Lawyers Association, Jaipur' in the name of society as it being violative of Section 3 read with Clause 17 of the Schedule of The Emblems and Names (Prevention of Improper Use) Act, 1950.
Case Title: Bhanwar Singh v. State of Rajasthan and Ors., with connected matters
Citation: 2022 LiveLaw (Raj) 57
The Rajasthan High Court has held that the government has authority in terms of Section 90B of the Land Revenue Act, 1956 as it stood at the relevant time and Section 90-A as it stands today to regularise unauthorised conversions of agricultural lands.
The division bench of Chief Justice Akil Kureshi and Justice Sudesh Bansal, observed, "Insofar as the Government's desire to regularise the existing land uses, the same falls into broad categories, (a) where agricultural land is put to non-agricultural use without permission and (b) where such lands as aforesaid or other lands of nonagricultural character which have been put to uses other than land use specified in the development plans. So far as clause (a) category of uses are concerned, per se we find no illegality in the approach of the Government. The Government has the authority in terms of Section 90B of the Act of 1956 as it stood at the relevant time and Section 90-A as it stands today to regularise such unauthorised land conversions."
Case Title: Asharam @ Ashumal v. State
Citation: 2022 LiveLaw (Raj) 58
The Rajasthan High Court recently issued an order to summon Additional Commissioner of Police, Jaipur, Rajasthan, Ajay Pal Lamba for recording his evidence as a court witness in connection with Asaram's appeal challenging his conviction by lower Court in a minor's rape case.
The Bench of Justice Sandeep Mehta and Justice Vinod Kumar Bharwani issued the order while allowing an application filed by Asaram under Section 391 CrPC [Appellate Court's power to take further evidence or direct it to be taken] to summon Senior IPS Officer Lamba as a court witness and to record his evidence, based on certain excerpts of the book co-authored by Lamba.
Other Important Updates
Case Title: Vichitr & Anr v. Registrar Examination, Rajasthan High Court, Jaipur
The division bench of Rajasthan High Court, Jaipur issued notice in a writ petition challenging the answer key of Civil Judge Cadre of Rajasthan Judicial Services (Preliminary Examination), which was conducted on 28.11.2021 and the final result for the same was declared on 11.01.2022.
Justice Manindra Mohan Shrivastava and Justice Birendra Kumar, ruled,
"Issue notice of writ petitions as well as stay applications to respondents by registered post as well as usual mode on payment of PF and notices on or before 31.01.2022. Notices are made returnable within two weeks. List these matters on 16.02.2022 for further orders on reply, admission as well as on stay. A copy of this order shall go along with the notices. A copy of this order be also placed on records of all the petitions."
The petitioner alleged that she was awarded 50 marks, yet she has not been selected for main examination by subjecting her to discrimination. She alleged that for the first time different criteria of cut off marks has been provided for various categories/subcategories and though reduced cut off marks have been provided to General Widow as 45, no such reduced cut off marks have been provided for Scheduled Tribe Widow
Case Title: Rajasthan High Court Bar Association Versus State Of Rajasthan & Ors.
The Rajasthan High Court restrains state from issuance of registration certificate to Rajasthan High Court Senior Lawyers Association, Jaipur till further orders.
The plea was filed by Rajasthan High Court Bar Association, Jaipur through its General Secretary Adv. Girraj Prasad Sharma.
Justice Mahendra Kumar Goyal, ruled ,
"Taking into consideration the contentions advanced by learned Senior Counsel and the material on record, the respondents No.1 & 2 are restrained from issuing registration certificate in favour of the respondent No.3 & 4, till further orders."
The court issued notice in this plea challenging the registration of 'Rajasthan High Court Senior Lawyers Association, Jaipur' in the name of society as it being violative of Section 3 read with Clause 17 of the Schedule of The Emblems and Names (Prevention of Improper Use) Act, 1950.
Case Title: Madhu Kumari Nagar and Ors. v. The State Of Rajasthan and Ors.
A public interest litigation has been filed before the Rajasthan High Court, Jaipur seeking to cancel the Rajasthan Eligibility Examination for Teacher 2021 (REET-2021) and to investigate the paper leak by the Central Investigation Agency.
The REET examination was conducted on 26.09.2021. In the present matter, the bench has listed the matter on 28.02.2022.
Justice Mahendar Kumar Goyal, ordered, "The applications (1/2022) shall be considered at the time of admission/hearing of the writ petitions. List these matters for admission on 28.02.2022 as prayed."
