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 Rajasthan High Court

Childrens Maintenance Claim Does Not Perish With Mothers Death: Rajasthan High Court Permits Grandmother To Continue Proceedings

Rajasthan High Court upheld trial court's order that allowed maternal grand-mother to represent minors in a suit for maintenance filed against their father, after the death of the minors' mother who had initiated the maitenance claim.The bench of Justice Sunil Beniwal held that custody proceedings were separate from maintenance proceedings, and pendency of the former could not affect...

Rajasthan High Court Says Anti-Corruption Bureau Tried To Shield SBI Officials By Not Registering FIR In Bribery Case

The Rajasthan High Court recently observed that the Anti-Corruption Bureau (ACB) tried to shield the proposed accused SBI officials by failing to register an FIR despite finding substance in a corruption complaint during verification and subsequently planning a trap.A bench of Justice Ashok Kumar Jain held that once verification of a complaint disclosed information indicating the commission of...

Rajasthan High Court Seeks Explanation From Insurance Companys Regional Manager Over Negligence In Defending Motor Accident Claim

The Rajasthan High Court has sought an explanation from United India Insurance Company's Chief Regional Manager in Rajasthan over the insurer's negligent defence of a motor accident compensation claim before the Motor Accident Claims Tribunal (MACT).A bench of Justice Ashok Kumar Jain observed that the impugned order indicated negligence on the part of the insurance company in defending the...

Flood Of Pleas By Employees Challenging Their Transfers Has Paralysed Govt Functioning: Rajasthan High Court

While hearing a bunch of petitions by government employees, challenging their transfer orders, Rajasthan High Court observed that the government functioning was paralysed since most of the employees were not willing to join the transferred place of posting. The bench of Justice Anoop Kumar Dhand further opined that maximum number of employees were approaching the Court for getting the...

Spouse Posting Policy No Absolute Right To Transfer; Cant Assume Family Duties Rest With One Spouse: Rajasthan High Court

While refusing interference in a bunch of petitions by government employees seeking transfers at places where their spouses were posted, Rajasthan High Court held that a general policy and vacancy at the preferred station, in isolation, does not establish an enforceable right to transfer in favour of the employee. “The nature of the post, the applicable cadre and service rules,...

Rajasthan High Court Denies Bail To Government Officials Accused Of Facilitating Fake Aadhaar Cards, Cites National Security Concerns

Rajasthan High Court rejected second bail applications of accused persons charged with compromising the sanctity of UIDAI (Aadhar Card Project) by assisting a person who was operating an Aadhar Card Enrollment/Updatation Centre which was not in accordance with the conditions of UIDAI. The bail applicants were government officials, who were working as programmer and assistance programmer, who...

Rajasthan High Court Reinstates Employee Terminated Over Non-Disclosure Of Conviction, Says Probation Benefit Protects Against Disqualification

The Rajasthan High Court has set aside the termination of an employee who was dismissed from service for allegedly concealing a past conviction in a criminal case, holding that the benefit of probation under Section 4 of the Probation of Offenders Act, 1958, protects against disqualification arising from the conviction under Section 12 of the Act.The bench of Justice Anand Sharma observed...

Request To Extend Voluntary Retirement Date Cant Be Ignored If Made Before Retirement Takes Effect: Rajasthan High Court

The Rajasthan High Court has held that a request to extend the date of voluntary retirement cannot be ignored if it is made before the retirement takes effect, even if the applicable service rules do not expressly provide for such an extension.The Division Bench of Chief Justice Sanjay K. Agrawal and Justice Inderjeet Singh observed that although the Rajasthan Civil Services (Pension)...

Murder | Self-Defence Plea Must Be Assessed From Accuseds Perspective Of Imminent Threat, Not With Calm Hindsight: Rajasthan High Court

The Rajasthan High Court has held that the fundamental consideration in the question of whether private defence was exceeded, cannot be based on a calm and retrospective appraisal the concerned person could have adopted, but whether the force employed could reasonable by assessed towards imminent danger as it appeared to the person then. The bench of Justice Farjand Ali further opined that...

Act Of Political Vendetta & Harassment: Rajasthan High Court Quashes Cheating FIRs Against Hanumangarh MLA, Family

The Rajasthan High Court has quashed two FIRs registered against the sitting Hanumangarh MLA Ganesh Raj Bansal, his wife Santosh Bansal and their daughter in connection with alleged fraudulent transactions involving municipal land dating back to 2003. Holding that the 'registration of both the FIRs is just an abuse of the process of law', the bench of Justice Ashok Kumar Jain...