Settlement Of Landlord's One Son Doesn't Extinguish Bonafide Need Of Other: Rajasthan High Court Restores Tenant's Eviction

While upholding the eviction of a tenant, the Rajasthan High Court has held that when the eviction was sought based on bonafide need of two family members of the landlord, fulfilment of such need for one family member by some other means did not automatically extinguish the need of the other. The bench of Justice Bipin Gupta was hearing a petition challenging the order of the Appellant...

Rajasthan High Court Rejects Plea Challenging RJS Civil Judge 2024 Prelims Answer Key

While dismissing the petition seeking quashing of answer key of the Rajasthan Judicial Services Examination 2024 and publication of revised results, Rajasthan High Court held that in matters of academic evaluation or determination of correct answers in a competitive examination, Court was not an appellate authority over decision of the Expert Committee. “The Committee consists of...

11 Years, No Chargesheet 'Shocking': Rajasthan HC Directs Separation Of Police Investigation Wing From Law & Order To Ensure Speedy Probes

While expressing shock and pain over a matter wherein no charge sheet was filed even after 11 years of FIR, Rajasthan High Court observed that it was felt on various occasions that investigation in several cases remained pending for a long period since the same investigating officer was assigned the duties of maintaining law and order.While referring to a Supreme Court case in which...

After 37 Years, Rajasthan High Court Refuses Retrial Despite Invalid Compromise Of Criminal Case, Quashes Proceedings

The Rajasthan High Court recently upheld the acquittal of a man by the trial court which was based on a compromise agreement, even though the agreement was invalid. In doing so the court refused to order retrial, noting that remanding the matter for a fresh trial after a lapse of 37 years would not secure the ends of justice.Despite the acquittal not being in strict consonance with the law,...

Victim And Convict Belonging To Same Village Not By Itself Ground To Deny Parole: Rajasthan High Court

The Rajasthan High Court has held that denying the benefit of parole to a convict merely because he lives in the same village and close proximity to that of the victim and thus presented potential threat, was based on conjectures, and frustrated the objective of parole. The division bench of Justice Farjand Ali and Justice Sandeep Shah observed that when a convict returned home and...

“Casual And Lackadaisical”: Rajasthan High Court Sets Aside One-Line Order Rejecting Prisoner's Plea For Transfer To Open Air Camp

While setting aside an unreasoned order rejecting petitioner's application to be transferred to Open Air Camp, Rajasthan High Court held that mere existence of power to reject such request did not justify mechanical exercise in the absence of any compelling reasons recorded in writing. The bench of Justice Farjand Ali held that the order reflected a “casual and lackadaisical” approach...

Vague Medical Opinions In Criminal Cases Undermine Fair Trial: Rajasthan High Court Directs State To Formulate Medico-Legal Guidelines

The Rajasthan High Court has directed the State Chief Secretary to issue directions for preparation and implementation of comprehensive and uniform medico-legal guidelines to be followed by all the government medical officers, while furnishing medical opinions in criminal cases for ensuring their clarity, legibility, completeness, and unambiguity. The bench of Justice Chandra Prakash...

Accused Can Withdraw Consent For Narco Analysis Before Or During The Test: Rajasthan High Court

The Rajasthan High Court has held that an accused has the right to withdraw consent right before or while undergoing the Narco analysis test, even though such consent was given earlier by him/her based on which the conduct of such test was allowed by the Magistrate. The bench of Justice Anoop Kumar Dhand held that consent once given could not be treated as irrevocable and conduct of such...

Rajasthan High Court Stays Arrest Of upGrad Director In Cheating Case Over Course Fee Refund Dispute

The Rajasthan High Court has stayed the arrest of directors and other employees/affiliates of Upgrad, a digital learning platform offering online higher education programs, in relation to the criminal case registered against them for cheating and criminal breach of trust. Justice Anil Kumar Upman passed the order.As per the quashing petition submitted by the petitioners, the case was...

Person Convicted For Gang Rape Of Minor Not Absolutely Barred From Open Air Camp; Rule Allows Exceptions: Rajasthan High Court

The Rajasthan High Court has held that a person convicted for gang-rape of a minor though ineligible to be shifted to open air camp, can be considered for the relief in case of exceptional circumstances.The division bench of Justice Farjand Ali and Justice Sandeep Shah noted that Rule 3(d) of the Rajasthan Prisoners Open Air Camp Rules, 1972 prescribes classes of prisoners who shall...

Denying Authenticated Clone Copies Of Electronic Evidence To Accused Violates Right To Fair Trial Under Article 21: Rajasthan High Court

While allowing petitioner's application of getting cloned copy of the electronic evidence used by prosecution in a corruption case, Rajasthan High Court opined that furnishing of unrecognized copies or denial of authenticated copies not only violated petitioner's right to fair trial under Article 21 but also hampered his/he right to effectively invoke remedy of discharge.The bench of...

'Concealed Personal Interest': Rajasthan High Court Bars Litigant From Filing PILs In Future, Mulls Imposing ₹25 Lakh Costs

The Rajasthan High Court has come down heavily upon a petitioner who had filed a PIL over Highway weigh-bridges, after finding he had personal interest in the matter.A division bench of Justice Arun Monga and Justice Sunil Beniwal has now not only barred the petitioner from filing any PIL in future but has also issued him a notice, asking to show cause why proceedings shall not be...