S. 47 Registration Act | Time From When Registered Deed Will Operate Can't Obliterate Mandatory Submission Before Cut Off Date: Rajasthan HC

In a case concerning LPG distributorship and its registration, the Rajasthan High Court said that it is settled law that the section on when the time from which a registered document operates under Registration Act (Section 47) operates between the concerned parties but it cannot be "stretched to obliterate" the mandate of submitting a registered lease deed on/or before the stipulated cut...

Being A Religious Place, 'Masjid' Falls Under 'Waqf' Definition, Only Waqf Tribunal Can Adjudicate Disputes Related To It: Rajasthan HC

The Rajasthan High Court has observed that a Mosque, a place used for religious purposes such as praying Namaz, comes within the definition of 'Waqf' as per Section 3 (r) of the Waqf Act 1995. Thus, disputes related to it can only be adjudicated by the Waqf Tribunal. A bench of Justice Birendra Kumar held thus while referring to Section 85 of the Waqf Act [Bar of jurisdiction of...

Can't Have Two FIRs For Same Accusation, Trial Court Didn't Consider Negative Report Before Cognizance: Rajasthan HC Exonerates Man Of Charges

While setting aside charges against a man booked in two FIRs having the same set of accusations, the Rajasthan High Court reiterated that two cases could not run simultaneously for same set of accusation.The court further observed that trial court while taking cognizance failed to take note of the grounds mentioned in the negative final report filed by the police in relation to the...

Rajasthan High Court Orders State To Release Retiral Benefits Of Employee Who Was Granted Premature Voluntary Retirement

The Rajasthan High Court has come to the rescue of a government employee who was denied retirement benefits after the State committed a mistake by accepting his voluntary retirement application, without his completing 15 years of prescribed qualifying service period. The bench of Justice Anoop Kumar Dhand relied upon the coordinate bench decision of Sudheer Kumar Khana v State of...

Rajasthan High Court Restrains CAT From Taking Coercive Action Against Peon Who Refused To Clean Toilets Claiming It Wasn't Her Duty

The Jaipur bench of the Rajasthan High Court, in an interim order, restrained the Central Administrative Tribunal from taking any coercive action against a woman employed as a peon-multi tasking staff against whom disciplinary proceedings were initiated when she refused to clean ladies toilet claiming that it was not part of her duties. Issuing notice on the woman's plea Justice Anoop Kumar...

Right To Be Forgotten By Destroying Records Of Juvenile Delinquency Is Absolute, Has To Be Given Full Meaning By The State: Rajasthan HC

“For the welfare of a child, the burden of past mistakes must be lifted, offering him a fresh start to thrive, free from the weight of stigma…shadows of past transgressions should be expunged...” said the Jaipur bench of the Rajasthan High Court while directing the State to reinstate a man to the post of constable whose services were terminated for not disclosing his conviction as...

Customs Officers Who Assaulted Complainant To 'Extract Truth' Cannot Be Said To Have Acted Outside Official Duties: Rajasthan High Court

“While it is clear that the petitioners may have exceeded their powers by beating and torturing the complainant to extract the truth, this cannot be construed as an act entirely disconnected from their official duty," the court said.

'Inordinate Delay Made Trial Nugatory, Violates Article 21 Of Accused': Rajasthan HC Quashes 23-Yr-Old Tree Felling Criminal Case 'In Rem'

The Jodhpur bench of the Rajasthan High Court quashed 23-year-old criminal proceedings for offences alleged under Forest Conservation Act and the Rajasthan Forest Act, in rem against all accused persons including those who didn't approach the court, noting the irretrievable delay in the case which had rendered the trial nugatory.In doing so the court observed that the long pendency of...

Child Care Leave Akin To 'Privilege Leave', Not Unfettered Right: Rajasthan HC Says State Not Mandated To Grant Leave For Maximum Period Of 120 Days

The Rajasthan High Court has ruled that child care leave is akin to a privileged leave, and hence just like the latter, it could not be claimed as a matter of unfettered right. It could be sanctioned for upto 120 days if the administrative discretion warranted, but there was no mandate to grant it for such a period of time. The bench of Justice Arun Monga was hearing a petition filed by...

No Vicarious Liability: Rajasthan HC Quashes FIR Against Daughter Registered After Father In Criminal Case Transferred Her Some Money

Rajasthan High Court quashed an FIR against a daughter (“Petitioner”) who was charged in a case of cheating, on account of the fact that she received some money from her father that was alleged to be received by him under dishonest inducement from the complainant with whom he had entered into an agreement to sale. The bench of JusticeFarjand Ali held that the rule of...

Uncorroborated Expert Evidence Not Enough To Convict When Key Witnesses Turn Hostile: Rajasthan High Court Upholds Acquittal In POCSO Case

While upholding a man's acquittal by the trial court in a POCSO case, the Jodhpur bench of the Rajasthan High Court held that in cases where the victim, complainant, or the key witnesses turned hostile or failed to support the prosecution's story, then conviction can't be solely based on expert/scientific evidence without supporting testimonies. Justice Arun Monga noted that the...

Proceedings Against Delinquent Employee Are Abated On His Death Since No One Else Can Effectively Defend Allegations: Rajasthan High Court

Rajasthan High Court has ruled that a delinquent employee is the only person who can properly defend himself/herself in departmental proceedings initiated against him/her by the State, and following the death of such delinquent employee during the proceedings, the inquiry cannot continue and the proceedings are abated. The bench of Justice Anoop Kumar Dhand was hearing a petition...