Rajasthan High Court Emphasises Reformative Aspect Of Criminal Justice, Grants Temporary Bail To NDPS Accused To Care For Pregnant Wife

While denying regular bail to an NDPS accused, Rajasthan High Court granted a temporary bail of 60 days to take care of his wife who was pregnant, due to deliver a baby in a few days, and had no one else to take care of her and provide medical assistance.The bench of Justice Farjand Ali opined that even though such ground in itself was not sufficient to warrant regular bail, temporary bail...

When Can An Order Passed U/S 47 CPC Be Treated As A Decree? Rajasthan High Court Explains

The Rajasthan High Court has observed that orders passed by courts under Section 47 of the CPC read with Order XXI Rules 58, 97, and 99 of the CPC, would be treated as decrees and are appealable under Section 96 CPC. Section 47 CPC relates to questions to be determined by the Court executing decree. Order XXI Rule 58 relates to the adjudication of claims or objections tothe attachment...

Rajasthan High Court Rejects Bail Application Of Man Accused Of Creating Dummy Firms To Evade ₹704 Crore In GST Payments

Rajasthan High Court denied bail to Ankit Bansal, accused in a Rs. 704 Crore GST evasion scam, on account of his concealment of past criminal antecedents, attempt to abscond from custody using his influence and power, and the magnitude of the siphoned amount.The bench of Justice Anand Sharma rejected the argument of parity on account of the co-accused Mr. Rajesh Goyal being released on...

Rajasthan Minor Minerals Rules | Rajasthan High Court Upholds Constitutional Validity Of Penalty Imposed For Extension Of LOI Under Rule 16(2)

Upholding the constitutional validity of the Proviso 3 to Rule 16(2) (“the Provision”) of the Rajasthan Minor Mineral Concession Rules, 2017 (“2017 Rules”) Rajasthan High Court ruled that once the rule was held to be constitutionally and statutorily valid, any action by the State in furtherance thereof could not be faulted merely on grounds of hardship or inconvenience.The...

S.170 BNSS Confers 'Limited Preventive Jurisdiction' On Executive Magistrate, Can't Continue Incarceration Punitively: Rajasthan High Court

The Rajasthan High Court recently noted that Section 170 of the BNSS conferred “limited preventive jurisdiction” to the Executive Magistrate and that such preventive action was not a tool for punitive action or a substitute for criminal procedure. Section 170 of BNSS empowers a police officer to arrest a person without a warrant if they have knowledge of a potential commission...

Rajasthan High Court Upholds 25% Domicile Reservation In National Law University Jodhpur

The Rajasthan High Court upheld the constitutional validity of 25% domicile-based reservation at National Law University, Jodhpur (“NLUJ”), ruling that such reservation did not violate Article 14 since the classification was reasonable, non-arbitrary and maintained a rational nexus with the object of advancing regional educational development.The division bench of Dr. Justice Pushpendra...

Rajasthan High Court Refuses To Interfere With Bulldozer Action On Encroachments Over Catchment Area Of Ummed Sagar Dam

Dismissing a bunch of petitions filed by the alleged encroachers of the catchment area of the Ummed Sagar Dam against State's action of dispossession, the bench of Justice Sunil Beniwal at the Rajasthan High Court held that no possession over land forming part of water body could be regularized.The petitioners were residing on Khasra No. 5 at Chopsani Jagir for past 15 to 20 years. Pursuant to...

Rajasthan High Court Monthly Digest: May 2025

Citations: 2025 LiveLaw (Raj) 161 To 2024 194 LiveLaw (Raj) 194NOMINAL INDEXAmit v Shri Ganesh Raj Bansal & Ors., 2025 LiveLaw (Raj) 161Shubham Rewad & Ors. v State of Rajasthan & Anr. 2025 LiveLaw (Raj) 162Victim v State of Rajasthan & Ors. 2025 LiveLaw (Raj) 163Giriraj Prasad Sharma v State of Rajasthan, and other connected matters 2025 LiveLaw (Raj) 164Vinod Shaily & Anr....

S.15 Rajasthan Rent Control Act | Requirement Of Submitting Affidavit/Documents With Reply Only Directory In Nature: High Court Reiterates

While relying upon the ruling of the division bench in the case of Ramesh Kumar v Chandu Lal & Another, Rajasthan High Court reiterated that Section 15 of the Rajasthan Rent Control Act, 2001 (“the Act”) was not mandatory but directory in nature.As per Section 15 of the Act, the affidavits and documents are required to be filed along with reply of the party. The bench of Justice...

Can't Reserve Judgment For Indefinite Period: Rajasthan High Court Tells Appellate Rent Tribunal On Plea By Tenant Fearing Eviction

Rajasthan High Court has ruled that Appellate Rent Tribunal is not expected to reserve judgment for an indefinite period, especially when the arguments in a matter before it were heard and concluded months ago.The bench of Justice Anoop Kumar Dhand observed that as per Section 19(8) of the Rajasthan Rent Control Act, 2001, the Tribunal shall dispose the appeal within a period of one hundred...

Last-Seen-Theory Can't Be Invoked Unless Prosecution Establishes Prima Facie Case: Rajasthan High Court Acquits Death Row Convicts

While setting aside death penalty and acquitting the appellants, accused for murdering a family of 6, including 4 children, Rajasthan High Court held that the importance of last-seen-together evidence could not be "over-emphasized" in a criminal trial as this by itself is not sufficient to record conviction of an accused.The division bench of Justice Shree Chandrashekhar and Justice...

Rajasthan High Court Directs State To Provide Interpreter, Extra Time In Practical Exams For Student With 100% Hearing Loss

Granting interim relief to a student suffering from 100% hearing impairment, Rajasthan High Court directed the State to provide two interpreters to the petitioner, one for assisting her in preparation of theoretical examines, and another for assistance in preparation as well as at the time of the practical exams.The bench of Justice Anoop Kumar Dhand further directed the State to provide...