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...

Rajasthan High Court Takes Suo-Motu Cognizance Of Dog Bites, 'Menace' Of Stray Animals On Public Roads

The Rajasthan High Court has taken suo moto cognizance of the dog bite incidents in the state, and the menace of stray animals on public roads and highways causing multiple deaths in the state. The court took note of a news reports in various newspapers reporting incidents of dog-bites in Rajasthan, one of which referred to a report published by the Press Information Bureau, which is...

Only Civil Courts Can Decide Disputes Regarding Cancellation Of Voidable Sale Deed Concerning Agricultural Land: Rajasthan High Court

The Rajasthan High Court has held that in case allegations in a plaint make out a case of the transfer of a property being voidable, only the civil courts shall have jurisdiction, and not the revenue courts, irrespective of the disputed property being an agricultural land and a bar on the same under Section 207 of the Rajasthan Tenancy Act, 1955 (“the Act”).Section 207 of the Act lays...

Pink City Or Sink City? Rajasthan High Court Takes Suo Motu Notice Of 'Pathetic' Road Conditions In Jaipur

Taking note of the news paper reports detailing pathetic condition of public roads in Jaipur, Rajasthan High Court has initiated a suo-motu case to ensure that the 'Pink City', renowned globally for its rich heritage, does not turn into a 'sink city' crumbled under its infrastructural problems.The bench of Justice Pramil Kumar Mathur opined that failure to maintain basic civil...

No Indulgence To Inactive Party: Rajasthan High Court Refuses To Restore Suit Withdrawn On Compromise Citing Parties' Silence For 20 Yrs

Rejecting a time-barred restoration application filed by two out of nine plaintiffs in the original suit pertaining to a property dispute which was dismissed based on compromise, the Rajasthan High Court said that the silence of the remaining seven plaintiffs for over 2 decades was seen as acquiescence and tacit endorsement.Justice Arun Monga was hearing the appeal filed against Trial...

Ordering Police Custody Of Land Without Specific Duration In Absence Of Pending Case 'Illegal': Rajasthan High Court Quashes S.145 CrPC Order

While setting aside attachment proceedings over a disputed property Rajasthan High Court held that if the land in question belonged to a private individual, passing an order that failed to specify duration of police custody of the land rendered the direction illegal, vague and unsustainable.Justice Farjand Ali further observed that continues possession of the land by the police in absence of...

Party Entitled To Court Fee Refund When Settlement Happens At Appellate Stage: Rajasthan High Court Orders Issuance Of Refund Certificate

Rajasthan High Court set aside an order of the Trial Court that rejected petitioner's application seeking refund of Court Fees in light of settlement on the ground that the settlement was reached at the appellate stage after decree was passed by the trial court.The bench of Justice Arun Monga observed that the district judge seemed to have committed a grave error in interpreting the provision...

Pendency Of Criminal Case U/S 498A IPC Not Ground To Deny Permission To Travel Abroad For Haj: Rajasthan High Court

Rajasthan High Court allowed an application by an accused charged under Section 498A, IPC, to travel to Mecca-Madina for performing the religious rituals of Haj, for a period of two months, opining that denying permission to travel abroad for religious purposes, owing to pendency of criminal case under the provision amounted to violation of right under Article 21.While issuing a...