Is Victim 'Necessary Party' To Be Impleaded In Accused's Applications For Regular/ Anticipatory Bail: Rajasthan High Court To Decide

The Rajasthan High Court will soon decide whether a victim in a criminal case is a "necessary party" and must necessarily be impleaded in applications filed by accused for regular or anticipatory bail under Sections 437, 438 and 439 CrPC.The issue was referred to a larger bench on Wednesday by Justice Anil Kumar Upman sitting at Jaipur.The Judge expressed his disagreement with the Standing...

Rajasthan High Court Seeks A Mechanism Matching Supplier's Credit Note With ITC Reversal, From Authorities

The Rajasthan High Court has asked for suggestions from the authorities with respect to a mechanism for matching a supplier's credit note with input tax credit (ITC) reversal.The bench of Justice Manindra Mohan Shrivastava and Justice Praveer Bhatnagar has found that in the absence of any statutory obligation cast on the respondent to undertake a matching exercise if the petitioner is willing...

Rajasthan High Court Upholds Order Taking Cognizance Against Police Officer For Allegedly Hurling Caste Based Abuses

The Rajasthan High Court has upheld a Special Court's order rejecting the closure report submitted by the police and taking cognizance against accused Station House Officer for offences under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.Justice Farjand Ali said noted that the legal as well as the factual aspects of the matter have been duly appreciated with...

High Court Issues Notice To Rajasthan Govt On PIL Challenging Smart-Phone Guarantee Cards For Women In Absence Of Fiscal Policy Statement

The Rajasthan High Court on Tuesday issued show cause notice to State Government on a PIL challenging the order dated August 21, 2023 issued by the Planning Department regarding the proceedings to be followed for the purpose of distributing guarantee cards in lieu of smart-phones.The division bench of Justice Vijay Bishnoi and Justice Yogendra Kumar Purohit noted,“Having heard learned...

Erring Officials To Be Held Accountable For Payment Of Cost "From Their Own Pockets" For Unnecessary Delay In Retiral Claims: Rajasthan High Court

The Rajasthan High Court at Jaipur recently issued a mandamus to all the Departments of the State to strictly comply with all the mandatory provisions contained under Chapter VI of the Rajasthan Civil Services (Pension) Rules, 1996 and not to cause unnecessary delays in payment of pension and all retiral dues to eligible employees.The single judge bench of Justice Anoop Kumar...

'Anti-Muslim' Remark Case | Rajasthan HC Directs Baba Ramdev To Appear For Police Interrogation, Stays Arrest Till Oct 16

The Rajasthan High Court on Monday directed Yoga Guru Baba Ramdev to appear for police interrogation on October 12 in connection with an FIR lodged against him over his alleged anti-Muslim remarks made at a meeting of seers in Rajasthan’s Barmer district earlier this year. The bench of Justice Kuldeep Mathur also extended till October 16 the operation of the interim order granted in...

Place Of Arbitration Does Not Become The Seat Of Arbitration When The Exclusive Jurisdiction Is Conferred On Courts Of Another Place: Rajasthan High Court

The Rajasthan High Court has held that the place of arbitration does not become the seat of arbitration when the exclusive jurisdiction is conferred on Courts of another place. The bench of Justice Pushpendra Singh Bhati held that where a place is designated merely as a ‘venue’ and courts of another place have been granted the exclusive jurisdiction, the latter is a clear...

S.42 NDPS Act | Non-Compliance With Search, Seizure & Arrest Procedures Fatal To Prosecution: Rajasthan High Court

The Rajasthan High Court recently granted bail to an accused on the ground that the seizing officer, while undertaking proceedings for search and seizure was not posted as SHO of the concerned police station, thereby violating the mandate under Section 42 of the NDPS Act and the subsequent notification issued by the State Government. Justice Farjand Ali added that the NDPS Act had to be...

Aanganwadi Workers | 'Depriving Women Of Public Employment For Her Being Unmarried Violates Articles 14, 16': Rajasthan HC

The Rajasthan High Court has held that depriving a woman of public employment on the grounds of her being unmarried, apart from being violative of fundamental rights guaranteed to a woman under Articles 14 and 16 of the Constitution of India, also impinges upon a woman’s dignity.The bench of Justice Dinesh Mehta stressed that the State can not prevent a woman from claiming a job simply...

'Corruption In Judiciary' Remark| Rajasthan HC Issues Notice To CM Ashok Gehlot In PIL For Contempt Case Against Him

The Rajasthan High Court today issued a notice to the State's Chief Minister Ashok Gehlot in a PIL plea to initiate suo motu contempt proceedings against him over his alleged 'rampant corruption in Judiciary' remark."The contents of the statement, if made by the respondent, prima facie make out a case that it tends to scandalize the Courts because it does not refer to any particular case...

'Rampant Corruption In Judiciary' Remark: PIL In Rajasthan HC Seeks Suo Moto Contempt Case Against CM Ashok Gehlot

A PIL plea has been moved before the Rajasthan High Court to initiate suo motu contempt proceedings by invoking powers under Article 215 of the Constitution of India against State's Chief Minister Ashok Gehlot over his alleged 'rampant corruption in Judiciary' including in the higher judicial institutions remark.The PIL plea has been filed by a Supreme Court advocate and former Judicial...

Dispute Under Apprentices Act 1961 Cannot Be Treated As 'Industrial Dispute': Rajasthan High Court

The Rajasthan High Court at Jaipur has held that a dispute under the Apprentices Act 1961 cannot be treated as an 'industrial dispute' under the Industrial Disputes Act, 1947. Justice Anoop Kumar Dhand cited Section 18 of the 1961 Act which states that apprentices are trainees, not workers and that provisions of any law with respect to labour shall not apply to or in relation to an...