S.15 Rajasthan Rent Control Act | Requirement Of Submitting Affidavit/Documents With Reply Only Directory In Nature: High Court Reiterates

While relying upon the ruling of the division bench in the case of Ramesh Kumar v Chandu Lal & Another, Rajasthan High Court reiterated that Section 15 of the Rajasthan Rent Control Act, 2001 (“the Act”) was not mandatory but directory in nature.As per Section 15 of the Act, the affidavits and documents are required to be filed along with reply of the party. The bench of Justice...

Can't Reserve Judgment For Indefinite Period: Rajasthan High Court Tells Appellate Rent Tribunal On Plea By Tenant Fearing Eviction

Rajasthan High Court has ruled that Appellate Rent Tribunal is not expected to reserve judgment for an indefinite period, especially when the arguments in a matter before it were heard and concluded months ago.The bench of Justice Anoop Kumar Dhand observed that as per Section 19(8) of the Rajasthan Rent Control Act, 2001, the Tribunal shall dispose the appeal within a period of one hundred...

Last-Seen-Theory Can't Be Invoked Unless Prosecution Establishes Prima Facie Case: Rajasthan High Court Acquits Death Row Convicts

While setting aside death penalty and acquitting the appellants, accused for murdering a family of 6, including 4 children, Rajasthan High Court held that the importance of last-seen-together evidence could not be "over-emphasized" in a criminal trial as this by itself is not sufficient to record conviction of an accused.The division bench of Justice Shree Chandrashekhar and Justice...

Rajasthan High Court Directs State To Provide Interpreter, Extra Time In Practical Exams For Student With 100% Hearing Loss

Granting interim relief to a student suffering from 100% hearing impairment, Rajasthan High Court directed the State to provide two interpreters to the petitioner, one for assisting her in preparation of theoretical examines, and another for assistance in preparation as well as at the time of the practical exams.The bench of Justice Anoop Kumar Dhand further directed the State to provide...

'Pay Minus Pension' Can't Be Retrospectively Recovered From Retd Doctors Due To AIIMS Jodhpur's Ignorant Attitude: Rajasthan High Court

In pleas by retired doctors “re-employed” by AIIMS Jodhpur against imposition “Pay minus pension” rule five years after their appointment orders were issued without such condition, the Rajasthan High Court slammed the hospital for being ignorant about the law applicable upon its employees.The court was hearing a batch of petitions filed by certain doctors as well as AIIMS Jodhpur...

Arbitration Act | Notice U/S 21 Not Always Necessary If Other Party Was Aware Of Dispute: Rajasthan High Court

Rajasthan High Court ruled that since the respondent was already aware of and was not taken by surprise regarding petitioner's invocation of arbitration clause, their plea that the application for appointment of arbitrator was not maintainable since no notice was served under Section 21 of the A&C Act 1996, lacked merit.The bench of Justice Anoop Kumar Dhand also reiterated the principle...

Rajasthan High Court Grants Relief To Unani Student Whose Admission Was Cancelled For Not Submitting Open School Marksheet

The Rajasthan High Court granted relief to a student whose provisional admission in Rajashtan Unani Medical College, Jaipur, was cancelled after he could not submit original mark-sheets of clearing Biology from the Rajasthan State Open School. It was ruled that if the candidate had met substantive thresholds, strict compliance with technical formalities undermined the object of the...

Issue Of Non-Joinder In Amendment To Written Statement Holds No Weight Unless Party Is Indispensable Under Order 1 Rule 10 CPC: Rajasthan HC

While upholding Trial Court's order of dismissing application to amend the written statement, Rajasthan High Court held that the plaintiff being the master of the lis could not be compelled to include or exclude particular individuals. Hence, the issue of non-joinder in the amendment did not hold any weight unless the party was indispensable under Order 1 Rule 10, CPC.“…plaintiff is...

Rajasthan High Court Directs State To Plant Ten Times The Number Of Trees Affected By Road Widening & Beautification Work

While hearing pleas against demolition drives for road widening allegedly conducted without following procedure, the Rajasthan High Court directed the State to first count number of plants/trees which are to be removed for beautification work and road expansion, and subsequently plant trees ten times of this number in nearby public areas.Justice Anoop Kumar Dhand held that planting trees...

Rajasthan HC Upholds Admission Criteria For Ultrasound Course Under NEET PG 2024 Reserving Seats For Those From State Colleges, Govt Officials

The Rajasthan High Court upheld the constitutional validity of a State amendment to an April 22 instruction booklet issued on NEET-PG 2024, concerning the six-month Ultrasound Training Course under the Pre-Conception and Pre-Natal Diagnostic Techniques Rules (the Rules) that introduced a new eligibility criteria for admission.The Addendum brought in by the amendment stipulates a "dual...

Rajasthan High Court Stays Demand Notice Against HDFC, Cites RBI Circular Allowing Banks To Display Signboard On Premises Without Fee

The Rajasthan High Court (Jaipur Bench) of Justice Anoop Kumar Dhand, recently, passed an interim order in a writ petition filed by HDFC bank. In the interim order, the court stayed the effect and operation of a demand notice issued by the Nagar Parishad Jhunjhunu to HDFC Bank. Advocate Naman Yadav, representing the HDFC Bank, submitted that it was a banking institution governed by the...

Rajasthan High Court Quashes FIR Against Farmers Protesting Against Jawai Dam Distribution Issue, Says Water Is A Matter Of Survival For Them

Quashing FIRs against over 50 farmers stated to be "peacefully protesting" on Jawai Dam water distribution issue, Rajasthan High Court said that an individual taking to the streets to protest to safeguard their rights when their interest were affected did not imply that they had committed offences alleged under IPC and National Highways Act.The Court was hearing a batch of writ petitions...