Eptisa Servicios De Ingenieria SL versus Ajmer Good Metropolis Restricted 2022 LiveLaw (Raj) 181

Hemant Nahta v. The Honble Speaker, Rajasthan Meeting & Ors. 2022 LiveLaw (Raj) 182

Geetanjali Medical Faculty And Hospital v. The Union of India with different linked issues 2022 LiveLaw (Raj) 183

1. Award Can’t Be Remitted To The Arbitral Tribunal Beneath Part 34 (4) Of The A&C Act, If No Causes and Findings Are Recorded: Rajasthan Excessive Courtroom

Case Title: Eptisa Servicios De Ingenieria SL versus Ajmer Good Metropolis Restricted

Quotation: 2022 LiveLaw (Raj) 181

The Rajasthan Excessive Courtroom has dominated that the arbitral award can’t be remitted again to the Arbitral Tribunal below Part 34 (4) of the Arbitration and Conciliation Act, 1996 (A&C Act) if there are not any findings recorded within the arbitral award on the contentious points.

The Single Bench of Justice Ashok Kumar Gaur reiterated that discretionary powers below Part 34 (4) of the A&C Act can’t be exercised below the guise of extra causes or for filling up the gaps within the reasoning. The Courtroom held that within the absence of any findings on the contentious points within the award, no quantity of causes can treatment the defect within the award.

An arbitral award was challenged by the respondent/ award debtor Ajmer Good Metropolis Restricted by submitting an utility below Part 34 of the A&C Act earlier than the Business Courtroom. The petitioner/award holder Eptisa Servicios De Ingenieria filed an utility below Part 34 (4) of the A&C Act earlier than the Business Courtroom. The Business Courtroom handed an order dismissing the applying of the petitioner. In opposition to this order, the petitioner filed a writ petition earlier than the Rajasthan Excessive Courtroom.

2. BSP MLAs Disqualification: Rajasthan Excessive Courtroom Refuses Interim Keep On Declaration Of Rajya Sabha Election End result; Polling Tomorrow

Case Title: Hemant Nahta v. The Honble Speaker, Rajasthan Meeting & Ors.

Quotation: 2022 LiveLaw (Raj) 182

The holiday bench of Rajasthan Excessive Courtroom dismissed an utility which sought interim keep on declaration of outcomes of Rajya Sabha Elections until the disposal of writ petitions pertaining to disqualification of the six Rajasthan MLAs who initially have been elected as Members of Bahujan Samaj Get together and have been afterward thought of as Members of the Indian Nationwide Congress.

The order handed by the Speaker was challenged by Bahujan Samaj Get together and Madan Dilawar, a sitting MLA of Bharatiya Janta Get together and their petitions have been disposed of by the Single Decide on 24.08.2020. The petitioner knowledgeable the courtroom that the problem towards the one Decide’s order has been pending earlier than the Apex Courtroom and no interim order has been handed by the Apex Courtroom.

3. Medical Evaluation & Score Board Has Jurisdiction To Cease Admissions However Lacks Authority To Order Its Cancellation: Rajasthan HC Opines Prima Facie

Case Title: Geetanjali Medical Faculty And Hospital v. The Union of India with different linked issues

Quotation: 2022 LiveLaw (Raj) 183

The Rajasthan Excessive Courtroom, Jodhpur has noticed that Medical Evaluation & Score Board (MARB) has jurisdiction to problem instructions for stoppage of admissions however prima facie, it lacks the authority to problem cancellation of admission.

Basically, a batch of writ petitions have been filed by medical faculties and its college students, difficult the suggestions made by MARB for withdrawal of letter of permission, cancellation of admission in undergraduate and postgraduate programs for the tutorial yr 2021-22 within the petitioner-institutions.

On 28.04.2022, the courtroom had handed an interim order defending the admissions already granted to the scholars in varied undergraduate or postgraduate programs within the petitioner establishments for the tutorial session 2021-22.

Different Vital Updates

1. Rajasthan Excessive Courtroom Will get Husband-Spouse Duo As Judges

The Performing Chief Justice of Rajasthan Excessive Courtroom, Justice Manindra Mohan Shrivastava administered the oath to 2 new judges, particularly Justice Shubha Mehta and Justice Kuldeep Mathur.

The swearing-in ceremony is noteworthy as a result of that is the primary time within the historical past of the Rajasthan Excessive Courtroom {that a} husband-wife duo can be sitting on the Excessive Courtroom on the identical time. Notably, Justice Shubha Mehta is married to Justice Mahendra Kumar Goyal, who was elevated to the Bench on November 6, 2019 and has been serving because the Rajasthan Excessive Courtroom choose since then.

The Rajasthan Excessive Courtroom has a complete sanctioned energy of fifty Judges, which incorporates 38 everlasting and 12 extra judges. Presently, there exist no moreover appointed choose working within the Excessive Courtroom. With the brand new appointments, the working energy of the Excessive has now elevated to 27

Justice Kuldeep Mathur has been appointed from Advocate’s quota whereas Justice Shubha Mehta has been appointed from Judicial service quota.

2. REET Paper Leak | “67 Individuals Arrested So Far”, State Informs Rajasthan Excessive Courtroom; HC Orders To Examine Function of Former RBSE Chairman D.P. Jaroli

Case Title: Akhil Bhartiya Vidyarthi Parishad (Abvp) v. The State Of Rajasthan with different linked issues

Whereas reviewing the standing report of the courtroom monitored Particular Operation Group within the matter pertaining to the paper leak of Rajasthan Eligibility Examination for Trainer (REET) 2021, the division bench of Rajasthan Excessive Courtroom has lately ordered to analyze the position of D.P. Jaroli, former Chairman of Board of Secondary Training, Rajasthan (RBSE) and to interrogate him, if needed.

On perusal of the data, the courtroom noticed that the involved Chairman had engaged all of the coordinators which included the disputed coordinators Pradeep Parashar, who is claimed to be concerned within the leakage.

The courtroom famous that presently there is no such thing as a materials besides the allegation that Pradeep Parashar’s involvement was on the occasion of the involved Chairman. It’s submitted earlier than the courtroom that Pradeep Parashar managed to enter into the exercise of motion of query papers which have been saved within the packing containers because the Collector of the involved District had shared the confidential info with regard to the locations the place query papers have been saved.

3. Baby Labour: Rajasthan Excessive Courtroom Seeks Concrete Motion Plan In PIL To Institutionalise Rescue & Rehabilitation Mechanism

Case Title: Gopal Singh Bareth v. State Of Rajasthan

Whereas listening to a public curiosity litigation searching for to institutionalise efficient equipment and mechanism for rescue and submit rescue rehabilitation of all youngster labourers within the State of Rajasthan, a division bench of the Excessive Courtroom has noticed {that a} agency and concrete motion plan is required from the state to curb youngster labour actions within the state.

The current public curiosity litigation is filed by Advocate Gopal Singh Bareth.

Notably, in compliance with the courtroom’s earlier order on 17.06.2020, the state has fashioned a excessive degree committee comprising the Secretary, Division of Labour and the Labour Commissioner as Chairman and Secretary of that committee respectively. Additional, detailed instructions have been additionally issued within the current matter on 28.09.2020 by the courtroom.

4. Rajasthan Advocate Self-Immolates Alleging Harassment By SDM, SHO: HCBA Calls for Officers’ Arrest & Suspension

A Sikar based mostly Advocate Hansraj Mawaliya died yesterday after setting himself on fireplace contained in the Sub-Divisional Justice of the Peace’s workplace.

In his suicide word, the advocate has alleged that Sikar’s Sub-Divisional Justice of the Peace Rakesh Kumar and Khandela Station Home Officer Ghasiram Meena had been harassing him for bribe for each listening to within the courtroom.

It was additionally alleged within the suicide word that the involved SHO was threatening him for talking something towards the SDM Rakesh Kumar.

In pursuant to the above improvement, the Rajasthan Excessive Courtroom Bar Affiliation, Jaipur has condemned the tragic incident and has raised calls for from the State authorities to droop and arrest the involved officers and workers with fast impact.

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Categories: Rajasthan