Rajasthan High Court
Service Of Summons On Soldier Via Whatsapp Not Valid, Rajasthan High Court While Setting Aside Ex-Parte Maintenance Order
Rajasthan High Court held that service of summons to a person who was posted as a soldier, sailor or airman in the Armed Forces, upon WhatsApp number could not be treated as sufficient, in light of the mandate under Order 31 Rule 5 of the General Rules (Civil & Criminal) 2018 (“the Rules”) and Order V Rule 28, CPC.Order 31, Rule 5 of the Rules provides that the process to the...
Rule Of Limitation Not Meant To Destroy Rights Of Parties, Merely Fixes Lifespan On Legal Remedy: Rajasthan High Court
The Rajasthan High Court has quashed the order of the Board of Revenue that rejected the application by the petitioner under Order 9 Rule 13, CPC, on the ground that the original application was not accompanied by an application for condonation of delay under Section 5 of Limitation Act, but was submitted subsequently.While restoring the order of the Assistant Collector that had allowed...
Civil Court Injunction Protecting Property Cannot Be Challenged U/S 97 Of Panchayati Raj Act: Rajasthan High Court
The Rajasthan High Court held that once a civil court has already passed a decree restraining a party from interfering with peaceful possession of the suit property, the same could not be interfered with by initiating proceedings under Section 97 of the Rajasthan Panchayati Raj Act, 1994 (“the Act”).Section 97 of the Act lays down the procedure to file a revision application to the...
Rajasthan High Court Seeks Bar's Views On Maintainability Of Revision Pleas Without Surrender After Conviction
The Rajasthan High Court has invited members of the Bar to submit their views on whether revision petition and plea for suspension of sentence moved by a convict, following dismissal of his appeal, is maintainable without surrendering first.Justice Anoop Kumar Dhand framed the following question, in a criminal revision petition filed before it:“Whether the criminal revision petition and...
Rajasthan High Court Imposes Cost On State For Re-Litigating Settled Issue Despite 2013 Order
Rajasthan High Court imposed a cost of Rs. 10,000 on the State to be given to the respondents, for repeatedly challenging an issue already settled in 2013, instead of giving effect to the decision of the court.The division bench of Justice Avneesh Jhingan and Justice Baljinder Singh Sandhu was hearing an intra court appeal filed against an order of the single judge passed in 2023 relying upon...
Habeas Corpus Plea Cannot Routinely Be Filed On Being Dissatisfied With Probe In Missing Persons Cases: Rajasthan High Court
While dismissing a habeas corpus writ petition, Rajasthan High Court held that the writ jurisdiction in the case of a missing person could not be invoked as a matter of routine to know the status of investigation or being dissatisfied with the manner of such investigation.The division bench of Justice Avneesh Jhingan and Justice Baljinder Singh Sandhu opined that the scope of Habeas Corpus...
Rajasthan Govt Defends In High Court Classification Of Transgender Persons As OBCs, Says Reservation Policy Falls In Executive Domain
Rajasthan government's Department of Social Justice and Empowerment has defended before the High Court its circular classifying transgender persons as Other Backward Classes (“OBCs”), instead of providing horizontal reservation to them.The government in its response to a plea challenging the January 12, 2023 circular has said that the domain of policy making, includes the reservation...
Rajasthan High Court Slams State For 'Plight' Of Home Guards; Ends Rotational System, Mandates Minimum Monthly Engagement With Benefits
In a landmark ruling, Rajasthan High Court granted relief to the home guard personnel of the State of Rajasthan, in their long drawn battle against the rotational system of engagement that restricted their maximum deployment period to 6-8 months, and no employment benefits.The bench of Justice Farjand Ali observed that being a welfare State, it should work towards the betterment of the...
'Dreams' Need Not Suffer For Procedure: Rajasthan High Court Slams ₹5 Lakh Forfeiture Of NEET Candidate Over A Day's Delay In Depositing Fee
Granting relief to a successful NEET candidate whose candidature was considered ineligible as he was late by 1 day in depositing fee, Rajasthan High Court slammed the forfeiture of Rs 5 Lakh security deposit by the Counselling Board terming it "unjust enrichment". The bench of Justice Sameer Jain opined that merely due to procedural irregularities or delays which could be condoned, the dreams...
[Arbitration Act] Limitation For Filing S.11 Application To Be Calculated From Date Of S.21 Notice, Not From Date Of Dispute: Rajasthan HC
The Rajasthan High Court, Jaipur Bench, has held that the limitation for filing a Section 11 application under the A&C Act would be calculated from the date of serving the Section 21 notice to the other side and not from the date when the cause of action had arisen. The bench of Justice Anoop Kumar Dhand was hearing a Section 11 application praying for the appointment of...
Rajasthan High Court Shocked At Death Penalty In Case With 'No Trace Of Evidence'; Acquits Man Accused Of Killing Siblings, Raping Sister
While answering the death reference in negative, Rajasthan High Court acquitted a man convicted for murder of two siblings and raping the sister.In doing so, a division bench of Justice Vinit Kumar Mathur and Justice Anuroop Singhi expressed its "astonishment" over trial court's decision of awarding death penalty to the appellant in a case wherein they struggled to find any trace of...
'No Parent Would Fatally Harm Their Child': Rajasthan High Court Converts Father's Murder Conviction To Culpable Homicide, Reduces Life Term
Rajasthan High Court converted a father's murder conviction for fatally hitting his son's neck with a sharp edged tool, to culpable homicide not amounting to murder and reduced sentence from life imprisonment to 7 years.The division bench of Justice Vinit Kumar Mathur and Justice Anuroop Singhi took into consideration the testimonies of prosecution witnesses including appellant's wife...