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...

‘Can’t Use Child As Weapon To Get Divorce On Ground Of Adultery’: Rajasthan HC Refuses To Allow Man To Bring Alleged Son’s DNA Test Results On Record

While rejecting a man’s petition to bring on record his alleged son’s paternity test results in the divorce case pending before the Family Court, the Rajasthan High Court has observed that the child cannot be used as a weapon to get divorce on grounds of adultery.The court said DNA Test invades upon the rights of a child, which may range from affecting his property rights, right to lead...

Rajasthan High Court Quashes POCSO Case Against Man As Victim Says She Was Not Forcefully Kidnapped

The Rajasthan High Court has recently quashed a rape and POCSO case against a 23-year-old man in view of the fact that the victim had never alleged that she was forcefully kidnapped by him. "No physical relation was with the petitioner when she was a minor. The two have already married and are having a child. In the circumstance, continuance of criminal proceedings would be an abuse of...

Trial Court’s Failure To Specify How Sentences Would Run After Conviction Does Not Mean Sentences Are To Run Consecutively: Rajasthan High Court

The Rajasthan High Court has held that mere absence of a direction by the trial court on how a sentence would run does not mean that the court intended for the sentences to run consecutively.While dealing with an NDPS case where the trial court failed to mention how the sentences of the accused, who were awarded 14 years rigorous imprisonment under Section 8/15 of NDPS Act and 10 years...

Burden To Prove That A Specific Product Falls Within A Particular Tariff Is Always On The Department: Rajasthan High Court

The Jaipur Bench of the Rajasthan High Court has held that the burden to prove that a specific product falls within a particular tariff is always on the revenue, more so when the revenue is trying to classify products in the residual entry as against the specific entry.The bench of Justice Sameer Jain has observed that the department has utterly failed to adduce any evidence, technical...

‘Pizza’ And ‘Sandwiches’ Are ‘Cooked Foods’: Rajasthan High Court Allows Exemption Of Payment Of VAT In Excess Of 5%

The Jaipur Bench of the Rajasthan High Court has held that the sale of ‘pizza’ and ‘sandwich’ would qualify as the sale of ‘cooked food’ and the sale shall be eligible for the exemption of payment of Value Added Tax (VAT) in excess of 5%.The Bench of Justice Sameer Jain has observed that the term ‘cooked food’ is confined to those cooked things that one generally takes at...

Rajasthan High Court Directs State To Consider Former Judicial Officer For Appointment To State Consumer Commission

Observing that State has used its discretion in a “vague and fanciful manner”, the Rajasthan High Court has directed the State to consider appointing the president of a District Consumer Forum to the State Consumer Commission in accordance with the recommendation of the Selection Committee.The petitioner, who was working as the President in the District Consumer Commission, had his...

Rajasthan High Court Sets Aside RSEB's Decision To Exclude Male Candidates From Compassionate Appointment On LDC Post

The Rajasthan High Court quashed an order dated October 17, 1996 issued by Rajasthan State Electricity Board which provided for the appointment of only female candidates as Lower Division Clerk (LDC) under a compassionate scheme.The single judge bench of Justice Anoop Kumar Dhand observed that exclusion of Male candidates for getting compassionate appointment on the post of LDC is based...

Plastic Coated Papers Come Within Ambit Of Notification Banning Single-Use Plastic Items: Rajasthan High Court

Observing that single-use plastic items incarnate the alarmingly rising throwaway culture in our society, the Rajasthan High Court has held that ‘plastic coated with paper’ will come within the ambit of notification banning single-use plastic items under Plastic Waste Management Rules of 2016. The 'plastic laminated paper' is used as raw material for laminated paper cups. “Taking...

Human Being’s Right To Choose Sex Or Gender One Of Most Basic Aspects Of Self Determination, Dignity And Freedom: Rajasthan High Court

Allowing a Physical Training Instructor to get his name and gender changed in the service record after a sex reassignment surgery, the Rajasthan High Court said that the right of a human being to choose his/her sex or gender identity is integral to his or her personality and is one of the most basic aspects of self determination, dignity and freedom.Justice Anoop Kumar Dhand said that everyone...

Rajasthan High Court Refuses To Stay Release Of Film ‘Sirf Ek Banda Kaafi Hai’ Allegedly Made On Life Of Asaram Bapu

The Rajasthan High Court has refused an interim application seeking stay on the release of film 'Sirf Ek Banda Kaafi Hai', allegedly based on the life of Asaram Bapu.The bench of Justice Dr.Pushpendra Singh Bhati said, “there is nothing directly found related to the petitioner no.2( Asaram Bapu), which could persuade this Court to grant the relief prayed for in the stay application filed by...

Centre Notifies Appointment Of Justice Augustine George Masih As Chief Justice Of Rajasthan High Court

The Central Government today notified the appointment of Justice Augustine George Masih as the Chief Justice of the Rajasthan High Court. Justice Masih is the senior most puisne judge of the Punjab and Haryana High Court.The Supreme Court Collegium last month recommended the appointment of Justice Masih as the Chief Justice of the Rajasthan High Court. The vacancy arose consequent to...