Rajasthan High Court
Rajasthan High Court Slams Lawyer's Clerk For Signing Affidavit On Behalf Of Party, Says Practice Amounts To Fraud
The Rajasthan High Court has flagged the instance of advocates or their clerks signing affidavits for applications/petitions/counter affidavits, etc, on behalf of their clients without knowing the contents of such documents, and held that such conduct amounted to fraud and was unacceptable. The court said:“Justice is often metaphorically termed to be blind, but the officers of Courts must...
FIR Lodged 20 Months After Separation Only To Revenge Husband's Divorce Plea: Rajasthan High Court Quashes Wife's Cruelty FIR
The Rajasthan High Court has quashed a "retaliatory" cruelty FIR lodged against a man, underscoring that the case was instituted by the wife 20 months after living separately, only to revenge the divorce proceedings instituted by him.The bench of Justice Anand Sharma further took into account that her response to the divorce plea, which was filed before the Court after lodging Section 498A...
Accused's Right To Fair Trial Trumps Privacy Rights Of Police: Rajasthan High Court Orders Cop's Mobile Location Data Be Preserved In Drugs Case
After a man booked under the NDPS Act alleged that the police officer was present at the site of recovery beforehand and had planted the drugs purportedly recovered from his possession, the Rajasthan High Court ordered preservation of officer's mobile tower location data under Section 94 BNSS.In doing so, Justice Anoop Kumar Dhand observed,"No doubt, while passing the appropriate direction...
Past Censure Cannot Bar Employee's Consideration For Promotion: Rajasthan High Court
The Rajasthan High Court has held that irrespective of the penalty being imposed on an employee, the Departmental Promotion Committee (DPC) can adjudge the suitability of an employee for promotion, and the consideration itself could not be denied merely on the ground of imposed penalty.The bench of Justice Farjand Ali was hearing a petition challenging the petitioner's (Lecturer) denial...
Rajasthan High Court Reviews Jodhpur Cleanliness Drive, Civic Chief Assures Disciplinary Action Against Erring Officials
The Rajasthan government last week placed before the High Court a comprehensive report detailing the measures undertaken by it to improve sanitization across Jodhpur, including establishment of dedicated monitoring cell under the command of monitoring officers to observe deployment of entire workforce and actual work on the ground level.This came during a Public Interest Litigation hearing...
Can Arrest Warrants Be Converted To Bailable Warrants In Serious Economic Offence Cases? Rajasthan High Court Refers To Larger Bench
The Rajasthan High Court has referred to a larger bench the question of whether arrest warrants can be converted to bailable warrants in serious economic offences under the provisions of the PMLA (Prevention of Money Laundering Act), Customs, CGST (Central Goods and Services Tax), as well as heinous offences punishable under Indian Penal Code/Bharatiya Nyaya Sanhita. Justice Anoop...
Rajasthan High Court Seeks State's Response On PIL Alleging Corruption, Software Manipulation In 3018-Plots Lottery Scheme
The Rajasthan High Court has issued notice to the State on a PIL filed against the Urban Improvement Trust, Bhilwara, alleging serious irregularities and corruption in lottery based allotment of residential plots.The PIL alleges that the public allotment process of 3018 plots, that invited application money of around Rs. 17.6 Crores, was vitiated by serious irregularities, arbitrariness...
Rajasthan High Court Raps Police Over 40-Year Lapse In Nabbing Accused, Orders Creation Of Special Cell To Trace Absconders
The Rajasthan High Court has issued direction to the Principal Secretary, Department of Home, Rajasthan and the Director General of Police to create a special cell for tracing out the absconding accused and proclaimed offenders to face trail, ensuring that the victims of the crime get timely justice.The bench of Justice Anoop Kumar Dhand held that the police authorities were duty bound to...
'Law Is Dynamic, Must Adapt To Societal Realities': Rajasthan High Court Quashes Rape Case After Victim's Marriage With Accused
The Rajasthan High Court has observed that law of any civilized society is not definite, and it must change according to the demands and circumstances of the society.“Law and transformation is a unique concept which highlights the changes in social problems and their solutions through legal…Law not only lays down the norms that are acceptable to a given society, but it also lays down...
Employee Must Be Reinstated After Acquittal If Termination Was Solely Based On Pending Criminal Case: Rajasthan High Court
The Rajasthan High Court held that if the very foundation of termination of an employee was pendency of a criminal case against him/her, and the criminal case resulted in acquittal of the employee by the competent criminal court, the basis of such terminated ceased to exist, and the employer shall reinstate the employee.The division bench of Dr. Justice Pushpendra Singh Bhati and Justice...
State Can't Withhold Career Progression Benefits For Its Own Lapse In Maintaining Performance Records: Rajasthan High Court
The Rajasthan High Court has upheld the order of the Central Administrative Tribunal (“CAT”) that ruled in favour of a State employee who was denied the benefit under Modified Assured Career Progression (“MACP”) on account of non-availability of his Annual Confidential Reports (“ACRs”)/ Annual Performance Appraisal Records (APARs).The division bench of Justice Vinit Kumar Mathur...
Jail Superintendent Cannot Initiate Disciplinary Proceedings Against Medical Officer On Deputation From Health Department: Rajasthan HC
The Rajasthan High Court has held that the Superintendent, Central Jail, being a separate administrative department, had no authority or competence to initiate disciplinary proceedings against a Medical Officer deputed from the Medical and Health Department.The bench of Justice Farjand Ali made these observations while quashing the transfer orders of the petitioner that also included a...