Rajasthan High Court Orders Removal Of Stray Dogs & Other Animals From Roads, Municipal Bodies May Lodge FIR If Obstructed

The Rajasthan High Court on Monday (August 11) directed municipal bodies to remove stray dogs and other animals from city roads while ensuring that minimum physical harm is caused to them.The court further said that if anyone obstructs the municipal bodies from removing stray animals from the roads/colonies/public paths, then Municipal officials/employees are at liberty to take action...

Rajasthan HC Declines Plea By Minor Rape Victim's Father To Terminate Her Pregnancy, Cites Unwillingness & Unborn Child's Right To Life

The Rajasthan High Court has rejected a father's petition to terminate his minor daughter's pregnancy following alleged rape on the basis of the daughter's unwillingness to undergo the procedure. The Court opined that the consent given by the guardians could not override the autonomy and decision of the pregnant victim.The bench of Justice Anoop Kumar Dhand held that granting permission,...

No Suspension Of Vehicle's Registration Without Proof Of Overloading: Rajasthan High Court

The Rajasthan High Court said that the orders passed by the District Transport Officer, Kothputli suspending registration of vehicles based on allegations by Department of Mines that vehicles were overloaded without actual weighing the vehicles, were unsustainable. The bench of Justice Anoop Kumar Dhand highlighted that the orders were passed merely on the basis of an assumption, relying...

Rajasthan High Court Urges Centre To Revisit Citizenship Laws For Children Born Abroad To Indian Parents

Stating that children born to Indian citizens outside India often face great challenges relating to citizenship, the Rajasthan High Court has urged the Union Ministry of Home Affairs to revisit the provisions of laws related to the issue, and if deemed necessary, make necessary amendments.The bench of Justice Anoop Kumar Dhand was dealing with a petition filed by a 5 year old girl. She was...

Rajasthan High Court Grants Bail To Woman Booked For Double Murder Citing Welfare Of Her 5-Yr-Old Child

The Rajasthan High Court granted bail to a 32-year old woman, accused in a dual murder case, opining that her situation was inherently vulnerable since she had a five year old son and no familial support to look after him.“This innocent child, in the crucial formative years of his development, is deprived of the essential care, guidance, and emotional sustenance that only a mother...

Certificates Issued By Indian Body Builders Federation Valid For Recruitment As It Is Recognised By Sports Ministry: Rajasthan High Court

The Rajasthan High Court held that the Indian Body Builders Federation (IBBF) is a national level body duly recognized by the Union Ministry of Youth Affairs and Sports, and hence the certificates issued by it were recognizable and deserved to be considered for the purpose of recruitment and weightage of marks.The division bench of Justice Kuldeep Mathur and Justice Baljinder Singh Sandhu...

Rajasthan High Court Fines School ₹1 Lakh For Sending Incorrect Exam Form To CBSE, Issuing Erroneous Transfer Certificate To Student

The Rajasthan High Court imposed a cost of Rs. 1 Lakh on a school that sent an erroneously filled examination form of a student to the CBSE for compartment examination, and also issued an incorrect “Transfer Certificate” based on which the petitioner completed his graduation.The high court imposed the cost on the school to be paid in one month to the petitioner noting he was...

Rajasthan High Court Upholds Accommodation For 'Karwa Chauth' Granted To Female Candidates In 2021 Patwari Recruitment Exam

Upholding the 2021 Patwari Direct Recruitment Examination result, the Rajasthan High Court said that the normalization process followed was as per law and the accommodation granted to female candidates to appear for the exam one day prior on account of Karwa Chauth does not violate Article 14 or 16 of the Constitution. The division bench of Justice Pushpendra Singh Bhati and Justice...

[O.5 R.17 CPC] Service Of Summons Is Incomplete Without Affixing Signatures Of Witnesses Residing Nearby: Rajasthan High Court

The Rajasthan High Court has set aside the trial court's decision in an ex parte proceeding in which a suit for declaration and permanent injunction was allowed against the petitioner based on the fact that the service of summons was incomplete under Order 5, Rule 17, CPC.Order 5, Rule 17, CPC provides for servicing summons in certain situations, by affixing a copy on some conspicuous part of...

Certificate Issued By School Without Supporting Proof Not Enough Evidence To Determine Kidnapping Victim's Age: Rajasthan High Court

Upholding an order acquitting a man accused of kidnapping a girl, the Rajasthan High Court refused to accept the certificate issued by the girl's school as proof of age in absence of any document or evidence of school staff or register admission form or mark sheet based on which such the certificate was issued.The court said that certificate issued by a school can only be based on the...

Prior Sanction 'Not Unbridled Shelter' To Protect Corrupt Govt Officials In Face Of Prima Facie Audio/ Video Evidence: Rajasthan High Court

The Rajasthan High Court said that in cases where "prima facie electronic evidence" in form of voice/video recording is available against accused, then it would be travesty of justice to not allow prosecution against them for non-fulfilment of requirement of prior approval under Section 17-A of the Prevention of Corruption Act. Section 17-A of the PC Act provides that no enquiry or...

S. 2(2) Hindu Succession Act Is 'Barrier' For Tribal Women To Lay Claim Over Father's Property: Rajasthan High Court Suggests Amendment

The Rajasthan High Court has opined that when daughters belonging to non-Scheduled Tribe (“ST”) communities were entitled to equal share in father's property, there was no reason to deny the same right to the daughters of the ST community. Section 2 of the Hindu Succession Act lays down the scope of application of the Act, and Section 2(2) gives states that nothing contained in the Act...