Very Easy To Cross Thin Line Between Disposal Of Trial Without Unnecessary Delay & Over-Zealousness In Dispensation Of Justice: Rajasthan High Court

Setting aside a verdict in a POCSO case over undue haste shown by the trial judge, the Rajasthan High Court said that holding of a trial in a continuous fashion and on a day-to-day basis does not meant that the rights of either of the parties to a fair and reasonable trial should get hampered in the process of securing a faster conviction or acquittal "Rather it is promulgated that the...

‘Contradiction In Statements Of Eyewitnesses Makes Prosecution Story Doubtful’: Rajasthan High Court Acquits Two In 40 Year Old Murder Case

The Rajasthan High Court recently set aside the conviction of two accused persons under Section 302 of IPC on the ground that the statements of all the three alleged eye witnesses (minor children of the deceased) were contradictory to each other and did not corroborate to the circumstances narrated by the prosecution. The case dated back to August 1983The division bench of the Acting...

Rajasthan High Court Extends Time Period To Hold Elections Of Various Co-Operative Societies In State Up To September 30

The Rajasthan High Court on Friday extended the time period for holding elections of various cooperative societies —Primary Agriculture Cooperative Societies (PACS) and Large Agro Multi-Purpose Societies (LAMPS), till September 30.The single judge bench of Justice Dinesh Mehta said that since the process of elections has now been commenced, the court deems it appropriate to extend the...

Entitlement Of ITC After Cancellation Of GST Registration Can Be Considered During Revocation: Rajasthan High Court

The Rajasthan High Court has held that the assessee is entitled to lodge an ITC claim when the department considers the issue of revocation of GST registration cancellation.The bench of Justice Vijay Bishnoi and Justice Praveer Bhatnagar has directed the firm to file an application for restoration of its GST registration before the competent authority, which shall consider and decide...

Rajasthan High Court Sets Aside Order Convicting POCSO Accused Within 8 Days Of Filing Of Chargesheet, Orders Fresh Trial

Observing that there was an undue haste in conducting the trial, the Rajasthan High Court has set aside conviction in a POCSO case and remanded the matter back to the trial court for conducting a fresh trial. The trial court had passed the judgment within eight days of filing of chargesheet. Justice Farjand Ali said there is no rat race or competition between the trial judges to see...

Transfer Justice T Raja From Madras HC To Rajasthan HC At The Earliest : SC Collegium Reiterates

The Supreme Court Collegium has reiterated the transfer of Justice T Raja, Acting Chief Justice of the Madras High Court to the Rajasthan High Court.Justice T Raja, who will attain superannuation on May 24 this year, assumed the office of Acting Chief Justice of Madras High Court in September 22, 2022 and has continued in office since thenThrough a resolution dated November 16 2022, the...

Supreme Court Collegium Recommends Appointment Of Justice Augustine George Masih As Rajasthan High Court Chief Justice

The Supreme Court Collegium on Wednesday recommended the appointment of Punjab & Haryana High Court judge, Justice Augustine George Masih, as the Chief Justice of the Rajasthan High Court. The vacancy arose consequent to the elevation of earlier Chief Justice, Justice Pankaj Mithal from the Rajasthan High Court to the Supreme Court.Justice Masih is the senior most puisne judge of the...

On Filing Of Negative Final Report, Judicial Officer Must Show Disagreement With IO’s Conclusion Before Taking Cognizance: Rajasthan High Court

The Rajasthan High Court has reiterated that when a negative final report is submitted, the trial court must consider grounds enumerated in it and show disagreement with the conclusion of the Investigating Officer before taking cognizance of the offence and issuance of the process. The single judge bench of Justice Farjand Ali said:“In a case where a detailed negative final report is...

Rajasthan High Court Upholds GST Demand On Royalty Paid To The Mining Department Towards Mining Lease

The Rajasthan High Court has upheld the GST demand on royalty paid to the Mining Department towards mining lease.The Bench of Justice Vijay Bishnoi and Justice Praveer Bhatnagar has relied on the decision of the Rajasthan High Court, Jaipur Bench in the case of Sudershan Lal Gupta & Ors. versus Union of India & Ors. in which a batch of writ petitions were dismissed challenging the...

S.123 Representation Of People Act | Mere Allegation Without Any Cogent Documentary Evidence Does Not Constitute 'Corrupt Practise': Rajasthan High Court

The Rajasthan High Court while dismissing an election petition, has held that a mere allegation without any cogent documentary evidence does not constitute corrupt practice under Section 123 of the Representation of the People Act, 1951. A bench comprising Justice Vineet Kumar Mathur passed the above ruling while dismissing an election petition filed under Sections 80, 81, 100(1)(B)...

Madhya Pradesh High Court Rejects Widow’s Plea For Family Pension, Says Contracting Second Marriage ‘Misconduct’

The Madhya Pradesh High Court has held that the second wife of a government employee is not entitled to family pension if the second marriage was done without obtaining a divorce from the first wife and without obtaining prior permission from the State Government as is mandated under the Madhya Pradesh Civil Services (Conduct) Rules 1965.A bench comprising Justice Vivek Agrawal passed the...

Consider Granting Parole To Dacoity-Murder Convict Under Old Rules Applicable At Time Of His Conviction: Rajasthan High Court

The Rajasthan High Court on Tuesday directed the State to consider the parole application of a prisoner under the Rajasthan Prisoners Release on Parole Rules, 1958 (Old Rules) on the ground that the prisoner was convicted prior to the implementation of the Rajasthan Prisoners Release on Parole Rules, 2021.The division bench of Justice Vijay Bishnoi and Justice Rajendra Prakash Soni...