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 Rajasthan High Court

Minor In Single Mothers Exclusive Custody Can Get Passport Without Fathers Name: Rajasthan High Court

The Rajasthan High Court has held that passport authorities cannot insist a minor, who is in exclusive custody of divorced mother, to produce an undertaking of estranged father's name for renewal of passport, especially when no such document was sought at the time of issuing the passport.The bench of Justice Maneesh Sharma perused all the relevant statutory documents, to conclude that a...

Merely Recording Employees Reply Was Considered Is An Eye Wash; Serious Misconduct Cant Excuse Lack Of Reasons: Rajasthan High Court

The Rajasthan High Court has set aside an order imposing penalty on the Zonal Chief Engineer of Jaipur Discom, as well as the appellate order affirming such penalty, since no consideration was given to the contents of the reply in defence that was submitted by him.The bench of Justice Anand Sharma affirmed that merely using the words that the content was considered in the order, was an...

Life Is Short, Litigation Infinite: Rajasthan High Court Orders Disposal Of 63-Year-Old Revenue Case, Warns Of Action For Delay

The Rajasthan High Court ordered disposal of a 63-year-old revenue case in 3 months without any adjournments, holding that in case of failure by the Presiding Officer of revenue court directions will be issued to higher authorities to take appropriate action against the officer including adverse remarks in the Annual Confidential Report. While recording “harsh reality of the system...

Absence Due To Prolonged Illness Not Wilful Misconduct: Rajasthan High Court Quashes Termination

While setting aside termination order of a deceased-employee, the division bench of Chief Justice Sanjay K. Agrawal and Justice Vinit Kumar Mathur at the Rajasthan High Court affirmed that the absence of an employee owing to a prolonged illness did not amount to wilful absence that could attract imposition of penalty. For context, the petitioner's husband was working as a constable in 1979...

Handwriting Expert Report Cant Be Introduced At Evidence Stage To Support Forgery Plea Not Taken In Written Statement: Rajasthan High Court

The Rajasthan High Court has held that a handwriting expert's report cannot be introduced at the evidence stage to support a forgery plea that was never raised in the written statement, observing that evidence cannot be used to introduce a new factual foundation or defence beyond the pleadings.A bench of Justice Farjand Ali observed that pleadings constitute the foundation of evidence and...

Cheque Bounce Case | Authenticated Bank Return Memo Can Be Produced Later To Correct Defect: Rajasthan High Court

The Rajasthan High Court has held that an authenticated bank return memo bearing the bank's seal and signature can be produced and exhibited later in a cheque-dishonour case to correct an inadvertent defect in an earlier return memo, and such subsequent production does not amount to filling a lacuna in the complainant's case.Justice Sunil Beniwal further observed that merely exhibiting a...

Accused Entitled To Cloned Copy Of CCTV Footage Relied By Prosecution, Victim Privacy Can Justify Inspection Instead: Rajasthan High Court

While underscoring right to fair trial under Article 21, Rajasthan High Court held that if the prosecution was relying upon the contents of a DVD/pen drive which were also submitted along with the charge-sheet, the accused had to be mandatorily given a cloned copy of the DVD/pen drive, to enable him to present an effective defence during the trial. “…all documents including...

Order V Rule 20 CPC | Locked House, Incomplete Address Not Enough To Resort To Newspaper Publication For Summons: Rajasthan High Court

The Rajasthan High Court held that when the process server's report reflected a locked house or an incomplete address, it did not by itself justify adopting the substituted service under Order V Rule 20 CPC, unless the Court was satisfied that the defendant was deliberately evading service and ordinary service was impracticable. “The Court must apply its mind to the process server's report...

E-Mitras Alleged Error Cant Help Candidate Who Failed To Correct Caste Category Within Permitted Window: Rajasthan High Court

The Rajasthan High Court has dismissed the petition filed by a candidate for the post of Class-IV teacher, who was seeking change of her category from OBC to General while contending that the mistake was inadvertent committed by the e-mitra operator who filled her form, and was not deliberate on her part. The division bench of Justice Vinit Kumar Mathur and Justice Sandeep Shah affirmed that...

Pending Reference Before Larger Bench Does Not Justify Adjudication Of Academic Question If Lis Does Not Survive: Rajasthan High Court

While dismissing a petition which was referred to a larger bench to decide a substantial question of law, Rajasthan High Court held that mere formulation or reference of a substantial question of law did not, by itself, compel the Court to adjudicate the matter in case subsequent events had rendered the matter infructuous and the controversy merely academic. The bench of Chief Justice Sanjay...