Rajasthan High Court
Jail Punishment Imposed Subsequent To Recommendation To Shift Prisoner To Open Air Camp Not Relevant: Rajasthan High Court
The Rajasthan High Court on Tuesday directed the State to transfer a prisoner to Open Air Camp, pursuant to the decision of Recommendation Committee for such transfer, which was allegedly not implemented on the ground that the prisoner was punished with jail punishment for 2 years preceding his recommendation by the Committee.It is to be noted that Rule 3(g) of the Rajasthan Prisoners Open...
Rajasthan High Court Criticises Abuse Of PIL Jurisdiction To Serve Vested Interest, Imposes 50K Cost On Villagers
The Rajasthan High Court recently imposed a cost of Rs. 50,000. on two villagers from Jodhpur for abusing PIL jurisdiction in pursuance of their vested interests with respect to quarry licenses for mining activities distributed via e-auction.The bench of Acting Chief Justice Manindra Mohan Srivastava and Justice Kuldeep Mathur said the petitioners’ allegations as contained in the writ...
Lok Adalats Have No Adjudicatory Power, Can Only Pass Award Based On Compromise Between Parties: Rajasthan High Court
The Rajasthan High Court has held that Lok Adalats have no adjudicatory power and can only make awards on the basis of a compromise between the parties.The Court, while allowing a writ Ppetition, quashed the Lok Adalat’s decision permitting Public Prosecutor to withdraw prosecution, and ordered for restoration of the criminal matter, granting the parties the liberty to proceed according to...
Murder Of Lawyer: Rajasthan HC To Consider Issuance Of Guidelines For Protection Of Lawyers, Asks Bar Council Of India To Submit Suggestions
The Rajasthan High Court on Thursday sought response from Union of India, Rajasthan government, Bar Council of India and Bar Council Of Rajasthan on issuance of guidelines by the court for protection of advocates till appropriate legislation is framed in this regard. The division bench of the Acting Chief Justice Manindra Mohan Shrivastava and Justice Anil Kumar Upman also took notice of a...
Rajasthan High Court Takes Suo Moto Cognizance Of Lawyers' Strike Over Peer's Murder, Condemns Bar For Obstructing AG's Entry
The Rajasthan High Court on Tuesday took suo moto cognizance of strike called by various Bar Associations on account of a lawyer's murder in Jodhpur.The division bench of the Acting Chief Justice Manindra Mohan Shrivastava and Justice Vijay Bishnoi said call of strike and abstention from work by anyone including the office bearers of any of the Bar Association is not in accordance with the...
Successful Candidate's Juvenile Record Not Ground To Deny Service As Police Constable: Rajasthan High Court
The Rajasthan High Court recently held that the employer is prohibited by law from referring to or taking in consideration the judgment of conviction so as to deprive a successful candidate, who was a child in conflict with law at some point of time, from being employed in Government service.The division bench of Justice Sandeep Mehta and Justice Yogendra Kumar Purohit was hearing an intra...
Rajasthan High Court Upholds Maintenance Order, Says Husband Levelled Adultery Allegation But At Same Time Sought Restitution Of Conjugal Rights
The Rajasthan High Court recently upheld a maintenance order passed under section 125 CrPC which was challenged on the ground that the wife was allegedly living in adultery.The Single Judge bench of Justice Ashok Kumar Jain observed:“the evidence adduced by the present petitioner is not sufficient enough to draw a conclusion that respondent No.1 (wife) was living in adultery. The fact...
Punishment Solely Based On Documentary Evidence Not Proved By Examining Witnesses: Rajasthan High Court Upholds Cook's Reinstatement
The Rajasthan High Court at Jaipur recently upheld the order of the Central Administrative Tribuna, Jaipur (CAT) which set aside the termination of a cook of Jawahar Navodaya Vidyalaya (JNV) for allegedly producing fake experience certificate on the ground that he was not afforded any opportunity to rebut the evidence produced to prove the certificates to be fake.The division bench of...
Driver With LMV Licence Can Drive Transport Vehicle Weighing Less Than 7500KG: Rajasthan High Court Relies On 'Mukund Dewangan' Decision
The Rajasthan High Court has reiterated that a person holding license to drive Light Motor Vehicle (LMV) is permitted to drive ‘Transport Vehicle’ in terms of the ratio laid down by the Supreme Court in Mukund Dewangan v. Oriental Insurance Company Limited.In Mukun Dewangan (supra) a 3-Judge bench of the Top Court held that transport vehicles, the gross vehicle weight of which does not...
Rajasthan High Court Quashes Dr Dev Swaroop's Appointment As Vice-Chancellor Of Dr Bhim Rao Ambedkar Law University
The Rajasthan High Court on Friday set aside the appointment of Dr Dev Swaroop as Vice-Chancellor of Dr. Bhimrao Ambedkar Law University, Jaipur on the ground that he has no background of academic qualifications and work experience in the field of legal education.While quashing the appointment order of February 2022, the division bench of Chief Justice (Acting) Manindra Mohan Shrivastava...
Compensation For Death Payable If Nexus With Injuries Sustained In Motor Accident Established: Rajasthan High Court
The Rajasthan High Court recently modified the award of a Motor Accident Claims Tribunal which refused compensation for death of a 58-yr-old Jaipur resident on the ground that there was no nexus between the injuries sustained by him during the motor accident and his subsequent death.A single judge bench of Justice Birendra Kumar held:“There is no material on record to substantiate that prior...
Clerk Accused Of Taking ₹150 Bribe Acquitted By Rajasthan High Court After 38 Years
The Rajasthan High Court recently acquitted a clerk of District Transport Office (D.T.O.), Sikar who was convicted by the trial court in a bribery case of Rs. 150/- in the year 1985 and sentenced to undergo three months simple imprisonment.Single judge bench of Justice Narendra Singh Dhaddha held:“As per the story of prosecution, Rs.150/- were given by Sultanaram to the appellant...