'Typical Illustration Of Miscarriage Of Justice'; Rajasthan HC Shocked Over A 1981 Suit Still Stuck At Defence Evidence Stage

While giving directions to expedite the trial in a suit pending for over 40 years, Rajasthan High Court has recently come down heavily on the long pendency of revenue suits in the state. While disposing of the matter, the court mandated the concerned Sub Divisional Officer to decide the suit within 6 months, without granting any more unnecessary adjournments.Consequently, High Court also...

Rajasthan HC Grants Bail To Under Trial Prisoner Accused Of Leaking Military Info To Pakistani Intel, Invokes S. 436A & 437 (6) CrPC

Rajasthan High Court has recently allowed a third bail application under S.439 CrPC filed by a person accused of providing confidential military information to Pakistan, after elaborately discussing the application of Sections 437(6) and Section 436A CrPC.While allowing the bail application, the single-judge bench of Justice Anil Kumar Upman noted that Section 437(6) is mandatory and very...

Rajasthan HC Cautions Employers Against Summarily Taking Away Employee's Livelihood On Stigmatic Grounds, Upholds Bank Manager's Reinstatement

Holding that an employer must be cautious before summarily taking away the right to livelihood of an employee on 'stigmatic grounds', the Rajasthan High Court has quashed an order passed by Kotak Mahindra Bank against a Senior Branch Manager accused of fraudulent activities.The single-judge bench of Justice Arun Monga directed the Bank to comply with the impugned order of the Labour...

Rajasthan Land Revenue Rules 1963 | District Collector's Order Is Appealable Before Revenue Appellate Authority: High Court

The Rajasthan High Court has iterated that no party can be left remediless merely because there is no provision for appeal provided in a statute. The Court observed thus in the context of Rajasthan Land Revenue (Permanent Allotment of Evacuee Agriculture Lands) Rules, 1963, wherein it noted that regardless of the presence or absence of such lacunae in the Act, the petitioner can prefer an...

Non-Compliance Of Order 41 Rule 31 CPC By Appellate Court Renders A Judgment Bad In Law: Rajasthan High Court

Recently, while affirming the decision of the second appellate authority to remand the matter back to the first appellate authority for deciding the matter afresh, the Rajasthan High Court has underscored that the Appellate Court is supposed to pass a reasoned judgment as per Order 41 Rule 31 CPC.For context, Order 41 Rule 31 CPC mandates that a judgment of the appellate court should state...

Marriage Registration Can't Be Denied Because One Is A Foreign National, Right To Equality Applies To Non-Citizens Too: Rajasthan High Court

Rajasthan High Court has recently underscored that the denial of registration of a marriage under the Hindu Marriage Act solely on the ground that one or both of them are foreign nationals is not justified. Such an act of the respondent registrar of marriages amounts to a violation of the right to equality afforded to 'citizens' and 'non-citizens' alike as enunciated in various apex...

Procuring Entity Cannot Be The First Appellate Authority In A Tender Process, Reasonable Apprehension Of Bias: Rajasthan High Court

Rajasthan High Court has iterated that the procuring entity and the First Appellate Authority cannot be the same in tenders for the Municipal Corporation. The single-judge bench of Justice Anoop Kumar Dhand was shocked that the Deputy Commissioner (Development) of Ajmer Municipal Corporation was both the procuring entity as well as the First Appellate Authority in tenders invited for...

Nowadays It Is 'Fashion To Array Husband's Relatives In Domestic Violence Cases Irrespective Of Their Involvement: Rajasthan High Court

The Rajasthan High Court has recently taken judicial notice of the 'fashion' of arraying all relatives of a husband as respondents in domestic violence cases, irrespective of their involvement in the same.In allowing a revision petition by the petitioners, who were distant relatives of the complainant's husband, a single-judge bench of Justice Ashok Kumar Jain dismissed the complaint...

Rajasthan High Court Quashes Suspension Order Of Jaipur Mayor, Says Enquiry Officer & Officer-In-Charge Cannot Be The Same Person

Rajasthan High Court has recently underscored that 'no one can be a judge of his own cause' while quashing the suspension order against the Mayor of Jaipur Municipal Corporation (Heritage) dated 22.09.2023 made under Section 39(6) of Rajasthan Municipalities Act, 2009.In allowing the Mayor's plea, a single judge bench of Justice Anoop Kumar Dhand held that there had been inherent defects in...

Rajasthan Municipalities Act, 2009 | Elected Member Of Corporation Can Be Suspended U/s 39(6) Once Proceedings 'Commenced': Rajasthan HC

The Rajasthan High Court has reiterated that under Section 39(6) of Rajasthan Municipalities Act, 2009, an elected member of a Municipality can be suspended once proceedings have "commenced" against him.The court was hearing a petition filed by an elected member of the Ajmer Municipal Corporation, challenging his suspension for filing Vakalatnama against the Corporation in a suit for...

Rajasthan High Court Seeks Reply From Police Officials In Contempt Plea Alleging Violation Of Apex Court Guidelines On Arrest In Commercial Cases

Rajasthan High Court has recently issued notice to police officials including the Director General of Police in a contempt petition alleging a violation of Arnesh Kumar guidelines and Apex court’s mandate about making arrests in commercial cases.The contempt case that is currently before Justice Narendra Singh Dhaddha has been filed by a businessman and his family members by...

Land Acquisition Proceedings Lapse On State's Prolonged Failure To Take Possession Or Pay Compensation: Rajasthan High Court

Rajasthan High Court has recently allowed a petition seeking a direction to declare the proceedings in a certain land acquisition award from 1998 as ‘lapsed’ after nearly two and a half decades.The single-judge bench of Justice Anoop Kumar Dhand iterated that when the state has failed to take possession of the property or pay compensation to the petitioner as stipulated in the...