Rajasthan High Court
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...
Rajasthan High Court Directs Bank To Freeze Only Disputed Amount In Cybercrime Case, Not Entire Account
The Rajasthan High Court has granted relief to a petitioner whose bank account was frozen by the Bank of Baroda, since the account was in receipt of some amount allegedly in relation to a cyber-crime complaint.While disposing the writ petition, the bench of Justice Sunil Beniwal, directed the bank to keep only such amount frozen in the petitioner's account that was allegedly transferred...
Forcing Arrestees To Strip, Circulating Their Photos In Media Direct Assault On Human Dignity: High Court Raps Rajasthan Police
The Rajasthan High Court has taken serious note of the alleged routine practice of police officials compelling accused/ arrestees to sit at the entrance of the police station and then taking their photographs, which are then widely circulated online. The bench of Justice Farjand Ali further noted that in certain instances, arrestees are allegedly compelled to strip and remain in...
Rajasthan High Court Dismisses Stale Pension Claim, Raps State For Losing Service Records
The Rajasthan High Court has held that even though loss or misplacement of service records by the State is a serious administrative failure, the same cannot by itself create a substantive right for an employee to get pension. At the same time, the bench of Justice Anand Sharma expressed strong disapproval of the State's plea in the matter that the service records of the petitioner were lost....
Family Courts Must Recognise Valid Divorce Under Muslim Law: Rajasthan High Court Lays Guidelines To Recognize Extra-Judicial Divorces
The Rajashtan High Court has held that Family Courts are bound to recognize and declare dissolution of marriage, where a valid divorce had already taken place under Muslim Personal Law through 'Talaq-ul-Hasan' or 'Mubarat', and such relief could not be denied on "hyper-technical fronts".Considering the submissions by counsel for the parties that petitions seeking dissolution of marriage...
Single Blunt Blow Causing Grievous Injury Not Attempt To Murder Without Homicidal Intent: Rajasthan High Court
The Rajasthan High Court has ruled that a single blow on head with a blunt object resulting in grievous injury does not quality as an attempt to murder in absence of repeated blows with such ferocity that reflect a deliberate design to extinguish life, since mens rea of a homicidal degree is sine qua non for the offence of attempt to murder. The bench of Justice Farjand Ali further observed...