Rajasthan High Court
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...
Scholarship Granted To Woman Before Marriage Doesn't Bar Her Husband's Claim Post-Marriage: Rajasthan High Court
While granting relief to a man who was denied the Swami Vivekanand Scholarship for Academic Excellence, the Rajasthan High Court has held that rejecting the scholarship solely based on the fact the applicant's wife was also granted benefit of the scholarship before the wedding, was not legally tenable and ran contrary to the very intent of the Scholarship Schemes.While analyzing the situation...
'Beyond Imagination': High Court Flags Inadequate Water, Unhygienic Conditions In Rajasthan Jails, Orders Statewide Inspections
The Rajasthan High Court has taken note of inadequate and unhygienic sanitation facilities for jail inmates in the State and has directed the authorities to constitute a “Grievance Redressal Committee” consisting of District Magistrates and Judges, Chief Judicial Magistrates, District Social Welfare Officers, Superintendent of Jail, Secretaries DSLA of all districts of Rajasthan, to...