Rajasthan High Court Quashes Rape Case After Accused Marries 'Victim', Says Continuation Of Proceedings Would Cause Her Immense Harm

The Rajasthan High Court has quashed a rape case against a man after both the accused and the prosecutrix resolved their differences and got married.Justice Anoop Kumar Dhand said continuation of the proceedings would cause immense harm to the prosecutrix. While acknowledging that offences like rape cannot be quashed by exercising jurisdiction under Section 482 Cr.P.C. if a compromise has...

High Court Cannot Exercise Inherent Powers U/S 482 CrPC To Review Its Judgment, Embargo U/S 362 Applies: Rajasthan High Court

The Rajasthan High Court at Jaipur has reiterated that the inherent powers of the High Court under Section 482 of IPC cannot be invoked to alter or review the final order of a criminal court.The single judge bench of Justice Anoop Kumar Dhand observed:“The purpose of Section 362 Cr.P.C. is that once a Court delivers a judgment or a final order disposing of a case, that judgment becomes...

Rajasthan High Court Denies Bail To Doctor Who Drove Car Inside Hospital Premises In Inebriated State

The Rajasthan High Court has rejected the bail application of a doctor, who is alleged to have caused an accident at the hospital premises by ramming into the public/patients standing there, resulting in on spot death of one person and miscarriage of a pregnant woman.Justice Kuldeep Mathur said the incidents of speeding and drunk driving are increasing day by day and are the major...

Rajasthan High Court Refuses To Interfere With Police Constable's Compulsory Retirement, Says His Acquittal In Abduction Case Not ‘Honourable’

The Rajasthan High Court dismissed a petition filed by the legal heirs of a deceased police constable against the order to compulsory retire him from service in pursuance to a departmental enquiry against him in relation to a case of abduction in which he was acquitted later.The single judge bench of Justice Anoop Kumar Dhand observed that there is no flaw in the decision making process and...

PIL Filed In Rajasthan High Court Seeking Ban On Movie ‘Adipurush’ For Hurting Religious Sentiments, Mocking Hindu Gods

A Public Interest Litigation has been filed in the Rajasthan High Court seeking a ban on the movie 'Adipurush,' which is based on the Hindu Holy Epic Ramayana. The PIL alleges that the movie hurts religious sentiments, distorts the facts, and mocks Hindu Gods.Balmukundacharya Sharma, a resident of Jaipur has filed the PIL through Advocates Amitosh Pareek and Akshay Dutt.According to the PIL,...

Rajasthan High Court Directs State To Release Retiral Benefits Of Retired Audit Inspector Who Died Fighting For Pension, Imposes Cost

The Rajasthan High Court has ordered the release of retiral benefits to the legal representatives of a retired Audit Inspector from the Cooperative Department who died in between of his years-long battle with the State over withheld pension.A bench comprising Justice Anoop Kumar Dhand noted that the deceased had a clean service record and yet his pension was withheld citing delay in obtaining...

Insurance Company Not Liable To Cover Third Party Risks If Cheque Towards Premium Dishonoured: Rajasthan High Court

The Rajasthan High Court has reiterated that in an event when the insured is unable to fulfill his premium payment obligation, or if the cheque he has issued for the premium is returned unpaid by the bank, the insurer is relieved from their commitments. Consequently, the insured cannot demand fulfillment of the insurer's obligations, it clarified. Justice Anoop Kumar Dhand made...

Rajasthan High Court Quashes Punjab National Bank’s Decision To Compulsory Retire Senior Manager For Six-Month Absence

Calling the punishment of compulsory retirement imposed on her “harsh”, the Rajasthan High Court has set aside the penalty awarded to a Senior Manager of Punjab National Bank in 2015 for being wilfully absent for six months and directed it to reinstate her forthwith without any back wages from the date of her compulsory retirement till reinstatement."This court is of the considered view...

VAT Leviable On Entire ‘Entry-Coupon’ Amount Charged By Chokhi Dhani Resort Is Adjustable Against Food: Rajasthan High Court

The Rajasthan High Court, Jaipur Bench, has held that Value Added Tax (VAT) is leviable on the entire ‘entry-coupon’ amount charged by Chokhi Dhani Resort, which is adjustable against food.The bench of Justice Sameer Jain has observed that since the assessee is charging separately for the services, it cannot be said that the dominant purpose of the entry coupon was for providing...

Rajasthan High Court Reunites Teenage Mother With Her 9 Months Old Baby, Orders Action Against Former CWC Member For Facilitating Illegal Adoption

The Rajasthan High Court has directed "adoptive parents" of a child to hand over the custody of the nine-month-old to her biological mother, after finding that the child was illegally taken away by the woman's father and handed over to someone else. The child is over 9 months old and her mother is about 18 years and three months old. The custody of the minor child was handed over to...

Rajasthan High Court Sets Aside Conviction Of Six In Dacoity Case Over 21 Years After Trial Court Verdict

Nearly 23 years after the case was registered, the Rajasthan High Court recently set aside the conviction under Section 395 of IPC of six accused persons including one deceased person on the ground that the prosecution evidence on record was not sufficient enough to substantiate the charge alleged against the accused persons. The single judge bench of Justice Farjand Ali said that neither...

Where Parents Agree To Allow Child Custody To Either One Of Them, Court Can Intervene If Custody No Longer In Minor’s Welfare: Rajasthan High Court

The Rajasthan High Court has held that in cases where parties have agreed to allow the custody of the child with one of the parents, it should remain with that party alone, unless it is demonstrated that the same is no longer in the child’s welfare.The court made the observation while allowing a father to continue with the temporary custody of the child. It took into consideration...