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 Rajasthan High Court

Right To Livelihood Doesnt Extend To Street Vending In Areas Outside Notified Zones: Rajasthan High Court

Rajasthan High Court dismissed a petition filed by a street vendor, having a vehicle repair kiosk, opining that where vending zones were declared by the State by issuing notifications, no one could be allowed to put kiosks or to make temporary encroachments on any place which was not declared as a vending zone. The bench of Justice Anand Sharma observed that the while right to livelihood...

Womans Midnight Arrest Without Magistrate Permission Illegal, But Not Ground To Quash Case: Rajasthan High Court

The Rajasthan High Court has held the midnight arrest of a woman without prior permission of the Magistrate to be violative of Section 43(5) BNSS, but ruled that the illegality in arrest alone was not a ground to quash the proceedings against her under the NDPS Act.At the same time, noting the lapse on the part of the Sub-Inspector who effected the arrest, the Court directed the Director...

Rajasthan High Court Quashes ₹2.25 Crore Security Bond Imposed Without Reasons For Issuing Succession Certificate

The Rajasthan High Court has held that while exercising discretionary powers under Section 375 of the Indian Succession Act, 1925, a District Judge must record at least some justification or reasons before imposing a condition requiring an applicant to furnish a security bond for the grant of a succession certificate.The bench of Justice Sudesh Bansal set aside the order of the trial court...

Unrebutted Communication From Competent Authority Prevails Over Information Received Via RTI: Rajasthan High Court

The Rajasthan High Court has observed that a communication issued by a competent authority would prevail over information furnished under the Right to Information Act, particularly when there is no material on record rebutting the contents of the official communication.A division bench of Justice Inderjeet Singh and Justice Sandeep Taneja made the observation while allowing a batch of...

Failure To Substantiate Reserved Category Claim Doesnt Disentitle Candidate From Competing In General Category On Merit: Rajasthan High Court

The Rajasthan High Court has held that a candidate's failure to substantiate a claim for reservation does not disentitle them from being considered in the General category on their own merit.While underscoring the aforementioned principle, the division bench of Justice Arun Monga and Justice Ashutosh Kumar granted relief to the petitioner whose candidature was rejected after she failed to...

Passing Erroneous Quasi-Judicial Order Without Mala Fides, Corruption Not Misconduct: Rajasthan High Court

The Rajasthan High Court has set aside the disciplinary proceedings and the penalty imposed on a retired officer of the Rajasthan Administrative Service, who was accused of passing a wrongful decree in a tenancy suit and erroneous exercise of jurisdiction, opining that an alleged erroneous quasi-judicial order was not misconduct.The bench of Justice Mukesh Rajpurohit observed that...

Prior Sanction Required If Cognizance Taken After 2018 PC Act Amendment, Even If Chargesheet Filed Earlier: Rajasthan High Court

The Rajasthan High Court has held that requirement of taking prior sanction under Section 19 of the Prevention of Corruption Act, 1988 (the “Act”) gets attracted even in a case where the offence was committed before the relevant amendment in 2018, but cognizance was yet to be taken in the case. The bench of Justice Kuldeep Mathur observed that the amended Section 19 created a statutory...

Existing Houses Near Kumbhalgarh Fort Can Be Repaired, Expanded; No New Construction On Fresh Foundations: Rajasthan High Court

Holding that persons residing near archaeological sites for generations cannot be ousted merely in the name of protecting such sites, the Rajasthan High Court has permitted residents of existing houses near Kumbhalgarh Fort to carry out repairs and additional construction over those structures, subject to requisite permissions.The division bench of Acting Chief Justice Sanjeev Prakash Sharma...

Minister Had No Authority To Cancel Highest Bid, Housing Boards Post-Facto Approval Was Paper Formality: Rajasthan High Court

The Rajasthan High Court has upheld a Single Bench order directing the Rajasthan Housing Board to accept the highest bid submitted by a bidder in an auction for a commercial plot, holding that the Minister of the Urban Development and Housing Department had no authority under the applicable rules to cancel the bid and that the subsequent approval by the Housing Board was merely a...