POCSO Act Ignores 'Adolescent Autonomy': Rajasthan High Court Suggests Govt To Exempt Consensual Relationships Of Young Adults

The Rajasthan High Court has urged the Centre to comprehensively review the statutory framework under the POCSO Act, in light of the existing gap between the protective intent of the Act and the sociological reality of adolescent autonomy.The bench of Justice Anil Kumar Upman suggested to consider introduction of a clause granting exemption in cases where the supposed perpetrator and victim...

Dual Claims Under MV Act and Workman's Compensation Act Impermissible: Rajasthan High Court Orders Refund To Insurer

The Rajasthan High Court has asserted that claimants cannot be allowed to claim compensation both under the Motor Vehicles Act, 1988 (“MV Act”) and the Workmen's Compensation Act, 1923 (“WC Act”), for the same accident, and opined that once the compensation was received under one Act, filing subsequent claim under another Act was abuse of the process of law.The bench of Justice...

Past Minor Penalties Can't Trump Consistent 'Outstanding' Service Record: Rajasthan High Court Quashes Compulsory Retirement

The Rajasthan High Court has set aside the order of compulsory retirement of a police inspector based on “ineffectiveness”, opining it to be arbitrary and based on selective reliance on minor penalties while ignoring his consistent outstanding service record that reflected “good” and “very good” performance.The bench of Justice Farjand Ali held that the State failed to follow...

Rajasthan High Court Calls For Nationwide Public Awareness Campaign Against Digital Scams, Flags Misuse Of Social Media Data

While expressing pain over the rise in digital scams costing people their hard-earned money, Rajasthan High Court said that it is right time to launch a public campaign through print, electronic, social media, television and radio, to reach the general public and create awareness about remaining careful while doing any online transactions. The bench of Justice Anoop Kumar Dhand further took...

High Income Of Husband Doesn't Automatically Mean High Maintenance For Wife: Rajasthan High Court

The Rajasthan High Court has rejected a petition filed by a wife seeking enhancement of maintenance from Rs. 8000 per month, on the ground that the husband was earning more than Rs. 1.5 Lakhs per month, opining that maintenance could not be claimed on a straight-jacket formula that a fixed proportion of husband's income had to be awarded. "The law does not envisage that because the husband...

Minor Discrepancies, Hostile Witnesses Can't Derail Conviction: Rajasthan HC Upholds S.324 IPC Conviction, Reduces Sentence After 33 Years

While hearing appeals against conviction orders for the offence of voluntarily causing hurt (section 324, IPC) Rajasthan High Court held that minor discrepancies in the cross-examination owing to natural lapse of memory did not falsify the prosecution case.The bench of Justice Arun Monga further opined that hostility of witnesses, which was common in criminal trials, was a clear indication...

'No One Above Law': Rajasthan High Court Issues Show-Cause Notice To Deputy Collector For Defying Judicial Orders

The Rajasthan High Court has taken serious note of a Deputy District Collector and Magistrate's repeated non-compliance of its orders requiring expeditious adjudication of an application filed by a 70 year old widow under the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 (“the Act”).While underscoring the object of the Act to provide financial security to...

Railways Responsible For Goods Till Proper Delivery: Rajasthan High Court Upholds ₹10 Lakh Compensation For Damaged Consignment

The Rajasthan High Court has upheld the compensation of nearly Rs. 10 lakhs imposed on the Western Railway towards damaged consignment of fertilisers, opining that even after being unloaded at the destination, the consignment remained under the control and supervision of the Railways.While highlighting utmost carelessness and negligence on part of the Railways, the bench of Justice Anoop...

Poverty Can't Defeat Liberty: Rajasthan High Court Recalls ₹1 Lakh Deposit Condition, Orders Release Of NDPS Convict

The Rajasthan High Court has recalled the monetary condition imposed on the release of the applicant, an NDPS convict, owing to which he was not able to get out of jail, despite being released from prison on bail after around 8 years, and directed the trial court to release him. The bench of Justice Anoop Kumar Dhand held that poverty and penalty should not hinder the right to life and...

Trial Can't Proceed Without Deciding Plea Of Unsoundness Of Mind Under BNSS: Rajasthan High Court

The Rajasthan High Court has set aside a trial court order directing continuation of trial merely based on medical report concluding the petitioner to be of sound mind, without any reasoned adjudication on the application filed under Section 368 BNSS.Section 368 BNSS lays down the procedure for trial of a person of unsound mind. The bench of Justice Anil Kumar Upman observed that...

Rajasthan High Court Slams Lawyers' Strike Over Working Saturdays, Says Boycott Of Courts Violates Litigants' Rights Under Article 21

The Rajasthan High Court has frowned upon lawyers' strike to protest against its decision making two Saturdays working in every month, reiterating that lawyers have no right to strike especially when the matter involves personal liberty of citizens.The bench of Justice Anoop Kumar Dhand held that when lawyers boycott Courts, it results in direct violation of the litigants' rights to...

Unproved Witness Statement To Police Can't Be Used In Disciplinary Proceedings: Rajasthan High Court Quashes Govt Officer's Pension Forfeiture

The Rajasthan High Court has set aside the disciplinary action against a government officer stopping his 100% pension for life, which was solely based on statements of a person given to the police under Section 161 CrPC who was neither examined during the departmental enquiry nor before court. The bench of Justice Ashok Kumar Jain observed that a statement given under Section 161 CrPC, held...