Rajasthan High Court Shocked At Death Penalty In Case With 'No Trace Of Evidence'; Acquits Man Accused Of Killing Siblings, Raping Sister

While answering the death reference in negative, Rajasthan High Court acquitted a man convicted for murder of two siblings and raping the sister.In doing so, a division bench of Justice Vinit Kumar Mathur and Justice Anuroop Singhi expressed its "astonishment" over trial court's decision of awarding death penalty to the appellant in a case wherein they struggled to find any trace of...

'No Parent Would Fatally Harm Their Child': Rajasthan High Court Converts Father's Murder Conviction To Culpable Homicide, Reduces Life Term

Rajasthan High Court converted a father's murder conviction for fatally hitting his son's neck with a sharp edged tool, to culpable homicide not amounting to murder and reduced sentence from life imprisonment to 7 years.The division bench of Justice Vinit Kumar Mathur and Justice Anuroop Singhi took into consideration the testimonies of prosecution witnesses including appellant's wife...

State Responsible To Set Up Trauma Centre, Art Institution For Pilgrims Welfare; Nathdwara Temple Board Can Only Help: Rajasthan High Court

Rajashtan High Court modified its order dated October 3, 2017, to the extent of shifting the responsibility of developing a Trauma Centre and National Level Institution to promote Indian Art, at Nathdwara, Rajasthan, from the Nathdwara Temple Board to State Government/functionaries, clarifying that the Board shall provide all assistance for the purpose.The matter related to a writ petition...

[Arbitration Act] S.11 Application Is Maintainable Even Without Notice U/S 21 If Other Party Is Aware Of Dispute: Rajasthan High Court

The Rajasthan High Court Jaipur Bench has held that a Section 11 petition under the A&C Act without issuing the notice invoking arbitration (“NIA”) u/s 21 of the A&C Act would be maintainable if the Respondents were aware of the dispute being referred to arbitration. The bench noted that the Respondents were well-versed in the dispute raised by the Petitioner. They could...

'Double Jeopardy': Rajasthan High Court Quashes Second Chargesheet Against Retd Govt Employee On Same Facts Despite Closure Of Earlier Case

Rajasthan High Court set aside a charge sheet issued against a retired employee for same charges in relation to which disciplinary proceedings were already dropped against him in 1991, followed by his acquittal from the Court of Special Judge, Prevention of Corruption Act, 1988 (“the Act”) in 2000.The bench of Justice Anoop Kumar Dhand held that in absence of any specific power to...

State Denying Salary To Employee In Coma Since 2023 Is Inhuman, Violates Article 21: Rajasthan High Court Directs Review Of Dues

Rajasthan High Court expressed its pain with the State government for not paying salary to a government employee in coma for over two years after suffering brain hemorrhage, calling it inhumane, unreasonable and violative of Article 21 of the Constitution of India.Considering the “inhumane and arbitrary approach” and fairly settled law around the situation, Justice Ravi Chirania, instead...

Rajasthan High Court Orders Heirs Of Jaipur Royal Family To Remove 'Maharaj' And 'Princess' Prefixes From Their Plea

The Rajasthan High Court has directed the descendants of the erstwhile royal family of Jaipur to remove prefix “Maharaj” and “Princess” from the names of the petitioners as well as the respondents as mentioned in the case title of the petition, failing which the plea would be dismissed.The court was hearing petitions filed by Maharaj Prithviraj and Maharaj Jagat Singh through his...

Section 336(2) Municipalities Act | Transfer Order Does Not Require Officer's Consent, Different From Deputation: Rajasthan High Court

The Rajasthan High Court has observed that transfer order under Section 336(2) State Municipalities Act 2009, cannot be construed as a transfer by way of deputation since the provision does not provide for officer's consent which is essential for deputation.The court said that once an order under Section 336(2) is issued, the officer/employee has no option but to join the duty at the...

Income Tax | Rajasthan High Court Quashes Repeated Orders To Transfer Case, Calls Revenue's Approach 'Rigid' & 'Adamant'

The Rajasthan High Court has come down heavily on the Revenue Department for being “rigid and adamant” to transfer the case of the petitioner from Udaipur to Delhi under Section 127 of the Income Tax Act, 1961, despite the coordinate bench's earlier decision that quashed the same order.Section 127 of the Act empowers the income tax authorities to transfer a case from one Assessing officer...

Rajasthan High Court Quashes Ex-Parte Divorce Granted To Wife Based On Refusal Of Court Notice By Husband's Mother In His Absence

Rajasthan High Court held that refusal of service of notice by any person other than the noticee themselves or their agent cannot be considered refusal in the eye of law.The court held thus while quashing an ex-parte divorce decree granted by family court in the wife's favour after noting that the court notice was refused by the husband's mother in his absence. The division bench of...

Rajasthan High Court Slams Litigants For “Forum Shopping”, Imposes ₹1 Lakh Cost & Refers Issue To Chief Justice

Taking serious note of the practice of “forum shopping” and terming it highly disreputable, the Rajasthan High Court imposed a cost of Rs. 1 lakh each, on a number of petitioners for the same.The court was hearing a batch of pleas where certain institutions had sought inclusion of their names in the list of eligible institutions for counselling in B.Sc. Nursing Course for the academic...

Student Suicides: Rajasthan High Court Asks State, Centre To Inform On Appointment Of Counsellors, Inclusion Of Mental Health In Curriculum

The Rajasthan High Court directed the Centre, State, University Grants Commission, and CBSE to inform on steps taken to provide psychological counsellors and to incorporate psychological maintenance and mental health in the subject curriculum at all levels. The division bench of Acting Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit was hearing a petition that highlighted the...