Rajasthan High Court
Reasons Recorded In Order Directing Further Investigation Can't Itself Be Construed As Direction For Point-Wise Probe: Rajasthan High Court
Rajasthan High Court has held that while it was true that a court cannot direct the police to conduct an investigation in a particular manner, however the reasons given by a court in its order directing further investigation must not be itself construed as a direction for point-wise investigation. The bench of Justice Baljinder Singh Sandhu was hearing a petition seeking quashing of an order...
Night-Time NDPS Search Without Warrant Valid Where Urgent Action Justifies Delayed Section 42 Compliance: Rajasthan High Court
While rejecting a bail application in an NDPS matter, Rajasthan High Court affirmed that compliance under Section 42 of the NDPS Act (“Act”), may be postponed for a reasonable period, where the information was received by the police office while being on patrol duty or otherwise on move, and immediate action was called for. Section 42 of the Act lays down process to conduct search...
Rajasthan High Court Stays CAT Order Holding Advocate's Plea For Interim Relief As Misconduct, Imposing ₹7,000 Cost
The Rajasthan High Court has stayed the operation of an order passed by the Central Administrative Tribunal (CAT), Jaipur, which recorded a finding of “misconduct” against an advocate for seeking interim relief on behalf of her client and imposed costs of ₹7,000.The division bench of Justice Inderjeet Singh and Justice Sandeep Taneja passed the order while hearing a petition filed by...
Interim Stay Can Be Granted In Time-Barred Appeal Without Condoning Delay Only In 'Exceptional Cases': Rajasthan High Court
The Rajasthan High Court has set aside an interim order passed by the Revenue Appellate Authority (“RAA”) in a time-barred appeal, opining that interim stay in a time-barred appeal could be passed only in extreme circumstances of a given case where the order in appeal had some serious consequences. The bench of Justice Anoop Kumar Dhand held that without condoning the delay in...
Repeated Notices To Pay Dues Not Enough To Blacklist Contractor Without Warning: Rajasthan High Court Quashes 3-Year Debarment
The Rajasthan High Court has held that repeated notices seeking payment of outstanding dues cannot substitute a proper notice informing a contractor that failure to comply could result in blacklisting or debarment from future tenders.The bench of Justice Anoop Kumar Dhand set aside an order against the petitioner that debarred its participation in any further tenders of the...
Confiscation Of Vehicle Used For Illegal Mining Operates Independently Irrespective Of Pending Criminal Prosecution: Rajasthan High Court
Rajasthan High Court held that where confiscation process had begun under the Rajasthan Minor Mineral Concession Rules, 2017 (“Rules”) and the liability/penalty payable in relation to the vehicle was determined, the vehicle could be released only upon payment of such statutory amount and not merely on personal security.The bench of Justice Baljinder Singh Sandhu also held that...
Alleged Illegal Detention, Assault Beyond Official Duty; No Sanction Needed To Prosecute Police Constable: Rajasthan High Court
The Rajasthan High Court has affirmed the order of the trial court and the revisional court to hold that no prosecution sanction under Section 197 CrPC was required before taking cognizance against the appellant-police officer who was accused of severely beating the respondent while the latter was allegedly under illegal detention.The bench of Justice Ravi Chirania affirmed that the act done...
Rajasthan High Court Warns UGC Of Contempt For Failure To Implement Fresh Exam Directions For Students With Suspended Degrees
The Rajasthan High Court has issued contempt warning to UGC officials in case of their failure to comply with the directions to conduct fresh examination for students whose diplomas/ degrees/ qualifications, obtained from various distance education centres of deemed universities were nullified by an order of the Court dated January 1, 2024.The division bench of Dr. Justice Pushpendra Singh...
Mere Variation In Disability Assessments Cannot Prove Fraud: Rajasthan High Court Sets Aside Employee's Termination
While setting aside the termination of a disabled employee, Rajasthan High Court held that a mere variation between two legally valid medical assessment reports, could not by itself be treated as proof of fraud by the employee in securing the employment. The bench of Justice Mukesh Rajpurohit opined that in case of such variations, if the earlier disability certificate required...
NDPS Act | Police Can't 'Blindly' Use Statutory Presumption To Prosecute Vehicle Owner Without Proof Of 'Knowledge': Rajasthan High Court
While upholding trial court's decision that acquitted an NDPS accused, Rajasthan High Court observed that unless it was established by the prosecution that the accused had conscious knowledge of his house/premises/vehicle/property being used for storage, concealment or transportation of contraband, offence under Section 25 was not made out. The bench of Justice Anil Kumar Upman held that...
S.311 CrPC | Court Can Recall Material Witnesses Even After Closing Evidence, Bar On Review Doesn't Apply During Trial: Rajasthan High Court
The Rajasthan High Court has held that the power of recall under Section 311 CrPC can be exercised by criminal courts even after the evidence of both sides is closed. It held that the consideration under the provision is not whether the evidence is closed, but whether the concerned evidence appeared essential for a just decision of the case.The bench of Justice Anil Kumar Upman further...