Rajasthan High Court
Reservation Granted In One State Can't Be Extended To Another, Backward Classes May Not Share Same Social Realities: Rajasthan High Court
The Rajasthan High Court has reiterated that benefit of reservation granted in one state cannot be extended to reserved category candidates belonging to another state, noting that one cannot assume that backward classes across different States "share identical or even comparable social realities". The bench of Justice Sanjeet Purohit who was hearing a petition filed by the Federation of...
NDPS Act | Correctness Of Recovery, Arrest Memos Must Be Tested At Trial, Not In Writ: Rajasthan High Court
While rejecting a quashing petition in relation to an NDPS case rested upon the disputed authenticity and credibility of seizure and arrest memos, the Rajasthan High Court held that such aspects pertaining to credibility, trustworthiness and evidentiary value of the documents prepared during investigation could not be conclusively adjudicated in writ jurisdiction. The bench of Justice Farjand Ali opined that as per judicial propriety where the trial was underway, higher courts ought to...
Rajasthan High Court Directs State To Consider Regularising Employee After 28 Years Of Service, Says Ad-Hoc Appointment Can't Defeat Claim
Rajasthan High Court granted benefit to an employee who despite having rendered services for more than 28 years, was not being considered for regularization by the government on the ground that his initial appointment was not towards any sanctioned post, but on an ad-hoc basis. The bench of Justice Anand Sharma observed that the State's plea of petitioner not being engaged on a sanctioned post but only for discharging overburden of work was already considered by the Labour Court, post which...
Magistrate Can't Mechanically Order FIR Against Public Servants Without Following S.223 BNSS Safeguards: Rajasthan High Court
The Rajasthan High Court has held that Magistrate cannot under Section 175(3) BNSS mechanically direct registration of FIR against public servants over acts committed in discharge of their official duties, without following the statutory safeguards provided under Section 223(2) BNSS. In doing so the court underscored that Section 223(2) is a substantive safeguard so that criminal law is not...
S.94 BNSS | Husband Can Seek Wife's Employment Records To Oppose Maintenance Claim: Rajasthan High Court
Rajasthan High Court has held that a husband can seek his estranged wife's employment records under Section 94 BNSS in order to oppose her maintenance claim, reiterating Supreme Court's 2020 judgment which held that either of the parties may seek production of relevant documents from the other party. In doing so the court allowed a man's application under Section 94 BNSS before the trial...
S.82 CrPC | Absconder Tag Can't Be Invoked Without Exhausting All Reasonable Steps To Secure Presence Of Accused: Rajasthan High Court
Granting relief to a man declared absconder in a cheque bounce case for irregular appearances and failing to follow bail conditions, Rajasthan High Court has said that the absconder tag cannot be invoked without following "all reasonable steps" to secure the accused's presence. In doing so the court granted the petitioner one more chance to appear and stayed the order issuing a permanent...
No Contributory Negligence For Riding Without Licence Or With Two Pillion Riders Unless Directly Linked To Accident: Rajasthan High Court
The Rajasthan High Court held that the mere act of riding a motorcycle without having a valid license and with 2 pillion riders might be a violation of Motor Vehicles Rules, but such acts by themselves could not be a basis to assume contributory negligence of the deceased in an accident unless there was a specific finding to that effect. Justice Sandeep Taneja further affirmed that since...
Once Reference Is Accepted, Should Be Decided On Merits: Rajasthan High Court Quashes Labour Court Order Rejecting Reference As Defective
The Rajasthan High Court set aside an order of the Labour Court which had dismissed a reference as defective after spending 20 years on its adjudication, opining that once a reference was accepted the Labour Court was duty bound to answer it on its merits.Justice Munnuri Laxman was hearing a plea wherein the petitioners had alleged that they were orally terminated from employment by...
'Abuse Of Process' To Pressurise Govt Officials: Rajasthan High Court Dismisses Contempt Plea Over False Transfer Claim With ₹5,000 Costs
The Rajasthan High Court has dismissed a contempt petition with a cost of Rs. 5,000 on the petitioner for filing false and misleading information regarding compliance of an order passed by the coordinate bench of the Court. The petitioner had claimed that the coordinate bench decision directed the Registrar Board of Revenue to transfer the petitioner from Education department to...
Rajasthan High Court Asks State To Frame Policy Curbing Khap Panchayat 'Diktats', Says Social Boycott Violates Citizens' Fundamental Rights
The Rajasthan High Court has issued a slew of directions to the State Government including formulation of a policy and Standard Operating Procedure to ensure comprehensive adjudication of complaints by citizens against "diktats" and "social boycott orders" issued by Khap Panchayats. In doing so the court highlighted that Khaps "have been a deeply concerning practice appears to be prevalent...
Family Courts Can't Transfer Cases, Power Lies Only With HC Or District Court Under Section 24 CPC: Rajasthan High Court
The Rajasthan High Court has clarified that family courts lack the power to transfer cases from one family court to another within the same district as Section 24 CPC only empowers District Courts or High Courts to transfer cases. Section 24 CPC states, that High Court or District Court can while acting on an application or suo motu, transfer, withdraw, or re-transfer suits, appeals, or...
Accused Can't Be Denied Effective Cross-Examination Due To Counsel's Absence: Rajasthan High Court Permits Recall Of Eyewitness
The Rajasthan High Court has granted relief to a murder-accused who was unable to effectively cross-examine an eye-witness, owing to the absence of his counsel on the particular day, by accepting the recall application filed by the accused, which was initially rejected by the trial court. While terming the order of the trial court as “overly technical”, the bench of Justice Farjand...