SC's Jospeh Shine Judgment Which Decriminalized Adultery Not Prospective, Nullified Pending Prosecutions Also: Rajasthan High Court

The Rajasthan High Court held that the decriminalization of adultery by the Supreme Court in Joseph Shine v Union of India shall not just apply prospectively but, it will apply retrospectively to all pending and ongoing cases, which is necessary to uphold the constitutional guarantees of equality, dignity and privacy.The bench of Justice Anand Sharma held that when Section 497 IPC (Adultery)...

Accused Not Entitled To Bail Merely Because Recovered Ganja Is Below Commercial Quantity If It Is 'Highly Potent': Rajasthan High Court

Rajasthan High Court rejected bail of a 27-year old NDPS accused, who was arrested with 18.5 Kg of hydroponic weed, allegedly valued at Rs. 18 Crore, despite the recovered quantity being less than the commercial threshold, owing to the value of the drug, its high potency, and the sophisticated method of import.The bench of Justice Anil Kumar Upman observed that the peculiarities in the...

UAPA | Only Special Or Sessions Court Can Extend Accused's Custody Beyond 90-Days, Magistrate Court Can't: Rajasthan High Court

The Rajasthan High Court has set aside the order of the Chief Judicial Magistrate that extended judicial custody of a Unlawful Activities (Prevention) Act, 1967 (UAPA) accused by another 90 days, and denied his right to default bail, opining it to be without jurisdiction, illegal and perverse.The bench of Justice Sudesh Bansal stated that the offences under UAPA were scheduled offences under...

Candidate Can't Rely On Undisclosed Qualification Long Time After Recruitment Is Closed Even If Vacancies Remain: Rajasthan High Court

The Rajasthan High Court has set aside a single bench order directing the State to consider the candidature of the respondent based on his graduation mark-sheet which was never disclosed in his original application form, but only in a writ petition filed belatedly.The division bench of Justice Pushpendra Singh Bhati and Justice Bipin Gupta opined that no candidate could be allowed to...

Rajasthan High Court Raps Tenants For Frustrating Auction Of Shops, Slaps ₹50K Costs For 'Unscrupulous' Practices

The Rajasthan High Court imposed a total cost of Rs. 50,000 on the two shop tenants (petitioners), who were earlier allotted shops on rent by the State, for attempting to mislead the court by concealing the material facts and trying to abuse the judicial process.The bench of Justice Sanjeet Purohit held that the once the petitioner had voluntarily participated in an earlier round of auction...

Doctor's Opinion Based On X-Ray Report Insufficient In Grievous Injury/ Attempt To Murder Case, Must Examine Radiologist: Rajasthan High Court

Rajasthan High Court has held that examination of only the medical jurist is not sufficient to determine the nature of injury without examination of the Radiologist based on whose X-ray reports the medical jurist had given evidence.The bench of Justice Sandeep Shah held that in such a situation, the concerned radiologist was required to be examined and the X-rays were also be required to...

District Court Can Hear Design Infringement Cases Unless Cancellation Is Sought : Rajasthan High Court

The Rajasthan High Court has recently held that District Courts are empowered to hear design infringement cases unless the opposing party formally seeks cancellation of the registered designs. The bench at Jaipur made this ruling while setting aside the transfer of three such cases filed by Jaipur-based carpet exporter S.N. Kapoor Export against Saraswati Global Ltd., another trader from...

Rajasthan High Court Upholds 45% Qualifying Marks For Disabled Candidates In Veterinary Officer Recruitment

Rajasthan High Court dismissed the special appeal challenging the 45% minimum qualifying marks for Physically Handicapped Category in the recruitment process of Veterinary Officer conducted by the Rajasthan Public Service Commission (RPSC).The division bench of Dr. Justice Pushpendra Singh Bhati and Justice Bipin Gupta upheld a single judge decision which found that the 45% qualifying...

'No Statutory Backing': Rajasthan High Court Quashes Environmental Compensation Imposed By Pollution Board On Brick Kilns

Rajasthan High Court set aside a bunch of orders by the Rajasthan State Pollution Control Board (“RSPCB”) that imposed environmental compensation on the brick-kiln operators, opining that the RSPCB had no statutory authority to impose such compensation in the absence of duly framed rules and regulations.The bench of Justice Sunil Beniwal, while heavily relying upon the Supreme Court ruling...

Rajasthan High Court Transfers Matrimonial & Criminal Cases After Lawyer-Wife Influenced Local Bar To Act Against Husband's Counsel

The Rajasthan High Court granted relief to the accused-petitioner by directing transfer of his matrimonial and maintenance cases from Sawai Madhopur to Jaipur after finding out that owing to his advocate wife's influence on the Bar Association, no lawyer was ready to represent him before the courts situated at Sawai Madhopur.While underscoring the significance of the fundamental right to...

Voluntary GST Cancellation Not Grounds To Freeze Company's Bank Account: Rajasthan High Court

The Rajasthan High Court has directed the Bank of Baroda to de-freeze the account of the petitioner-company, allowing it to use it freely till finally deciding the company's representation, observing that the bank could not freeze the account merely because the company's GST registration was voluntarily cancelled.The bench of Justice Nupur Bhati was hearing a petition filed by a company...

Widow Cannot Abandon In-Laws After Availing Compassionate Appointment: Rajasthan High Court Orders 20K Monthly Salary Deduction

The Rajasthan High Court has directed the State to deduct a part of a widow's salary who was appointed on compassionate grounds after her husband's death, and deposit it in the account of her dependent father-in-law, upon finding the fact of her leaving the matrimonial house and deserting the in-laws soon after the husband's death.The bench of Justice Farjand Ali opined that...