Duty Of Courts To Correct Decree Obtained By Concealment Of Material Facts, Leave To Appeal May Be Filed At Any Stage: Rajasthan High Court

The Rajasthan High Court has reiterated that no litigant can obtain a favourable decree from a court based on incorrect or false facts. Since fraud unravels everything, the concerned court must correct the mistake in facts if brought to its notice, it added.The single judge bench of Justice Anoop Kumar Dhand also held that if the respondents claim to be the grandchildren of one of the...

'Hostile Discrimination': Rajasthan HC Quashes Municipal Chairperson's Suspension Order Upon Noting Similar Charges Against SDO & EO Were Dropped

The Rajasthan High Court has recently quashed a suspension order against Rajgarh's Municipal Chairman, which was still in force despite revoking suspensions of the Sub Divisional Officer and Executive Officer against whom similar chargesheets were issued pursuant to an encroachment removal drive in contravention of regulations under the Municipalities Act.The single judge bench of Justice...

'Fully Developed Foetus Has Right To Life': Rajasthan High Court Denies Minor Rape Survivor's Plea To Terminate 31-Weeks Pregnancy

Stating that a fully developed foetus has the right to life guaranteed under Article 21, Rajasthan High Court recently declined a plea for the medical termination of an 11-year-old rape survivor's advanced pregnancy.The single-judge bench of Justice Anoop Kumar Dhand also clarified that a foetus that is fully developed has the right to enter this world and live a healthy life without...

Pran Pratishtha Mahotsava | Real Celebration Would Be If Society Respects & Follows Lord Ram's Ideals: Rajasthan HC In Suo Moto PIL Over Road Blockage

The Rajasthan High Court at Jodhpur on Monday registered a suo moto PIL concerning the blockage of the road and installation of barricades on the advent of “Pran Pratishtha Mahotsava.”The single judge bench of Justice Dinesh Mehta directed the District Collector and Commissioner of Police to ensure that in the future the roads, particularly the roads leading towards the High Court, are...

Landlord Best Person To Decide Property For 'Bonafide Use', Tenant Can't Resist Eviction Stating Other Properties More Suitable: Rajasthan HC

The Rajasthan High Court recently upheld an order of the Appellate Rent Tribunal, Jodhpur which allowed an eviction appeal filed by a widow (landlord) against her tenant on the ground that mere existence of other properties which are levied by the landlord would not enure to benefit of tenant in the absence of any supporting material to effect that they are reasonably suitable for the tenant...

S.138 NI Act | Primary Concern Is Recovery Of Money, Conviction Of Accused Serves Little Purpose: Rajasthan High Court

Rajasthan High Court has recently iterated that the punishment on the drawer for a dishonoured cheque is secondary as far as Section 138 of the Negotiable Instruments Act is concerned. The court added that the primary concern would be the recovery of money since the conviction of an accused serves no significant purpose.The single-judge bench of Justice Anil Kumar Upman, while quashing the...

Rajasthan High Court Provides Police Protection To Woman Who Was Detained By Father, Upholds Her Right To Stay With Transgender Partner

In a habeas corpus plea filed by a transgender man, the Rajasthan High Court has upheld the right of a cis-gender woman to live with her partner of choice. Upon production of the woman before the Court, she stated that her father had been illegally detaining her in his house and torturing her.The Division Bench of Justices Pankaj Bhandari and Bhuwan Goyal, after interacting with the...

Rajasthan High Court Allows State To Withdraw Prosecution Against Protesting MLAs, Says They Were Only Espousing Public Cause

Rajasthan High Court has allowed the State government to withdraw criminal prosecution against four members of the Rajasthan Legislative Assembly and one Ex-MLA, pending before the Ramganj Mandi judicial magistrate for unlawful assembly.The single-judge bench of Justice Anil Kumar Upman observed that the accused politicians were merely raising the reasonable demands of the public at large...

Dept.'s Action Denying Immunity Benefit Merely Because Section 270A Penalty Was Initiated Is Erroneous: Rajasthan High Court

The Rajasthan High Court has held that the department's action of denying the benefit of immunity on the ground that the penalty was initiated under Section 270A of the Income Tax Act for misreporting of income is not only erroneous but also arbitrary and bereft of any reason, as in the penalty notice, the respondents have failed to specify the limb, "under-reporting" or "misreporting" of...

Once Deduction Claim Of Education Cess Is Withdrawn, Assessee Immuned From Imposition Of Section 270A Penalty: Rajasthan High Court

The Rajasthan High Court has held that once the deduction claim for education cess is withdrawn, the assessee is immune from the imposition of a penalty under Section 270A of the Income Tax Act.The bench of Justice Vijay Bishnoi and Justice Munnuri Laxman has observed that neither in the assessment order nor in the subsequent show-cause notices, the Assessing Officer specify that the case of...

Minor Rape Victims Entitled To Compensation For Incidents Prior To Introduction Of S.357A CrPC If Claim Petition Filed Before 2009: Rajasthan HC

Rajasthan High Court has clarified recently that minor rape victims can avail the benefit of the amended provision in Section 357A of CrPC, even if the alleged incident occurred before the amendment in 2009. While partly allowing the writ petition filed by the father of the victim girl who was subjected to rape at the age of two years, the court ordered that the State must compensate the...

Writ Petition Against Charge-Sheet Not Maintainable Unless Issued By Authority Not Competent To Initiate Disciplinary Action: Rajasthan HC

The Rajasthan High Court has dismissed a writ petition filed by a driver of a public transport seeking quashing of a charge-sheet which was served upon him by Rajasthan State Road Transport Corporation with the allegation that certain passengers were found traveling without ticket on the ground that writ petition generally does not lie against the charge-sheet unless it is established that...