Police Lack Power To Probe Food Adulteration Under FSS Act: Rajasthan High Court Quashes FIR, Says Only Food Safety Officers Can Proceed

The Rajasthan High Court has reiterated that the police, appointed under the Police Act, does not have powers to investigate offences in relation to food adulteration punishable under the Food Safety and Standards Act, 2006 (“the Act”).The bench of Justice Anoop Kumar Dhand was hearing a petition seeking quashing of offences against the petitioner under Section 272, 273 and 420 of IPC,...

Rajasthan High Court Orders Removal Of Highway Liquor Shops; Says State 'Misused' Discretion By Allowing 1102 Vends Against SC Directions

Taking serious note of the increasing number of accidents on the highways on account of alcohol misuse, Rajasthan High Court directed the State to remove or relocate all the liquor shops falling within the restricted limit of 500 meters from a National or State Highway, within 2 months, irrespective of them falling under any municipal areas, local self-governing bodies or statutory...

Orders Passed By Tribunals Are Not Optional: Rajasthan High Court Raps State For 'Contumacious Disregard' Of Industrial Tribunal's Order

Rajasthan High Court came down heavily upon the State for not complying with the reinstatement order of the Industrial Tribunal passed in 2019, and opined that this failure coupled with the State's attempt to raise a belated, untenable and legally unsound plea, exhibited a “contumacious disregard for the rule of law”.The bench of Justice Farjand Ali held that the architecture of a...

Rajasthan High Court Slams Delay In Trial Against Bangladeshi Citizens Languishing In Jail For 18 Months But Refuses Bail

While underscoring the extension of fundamental rights under Article 21 to foreign nationals, Rajasthan High Court slammed the trial court for failing to frame charges and commence trial in a matter concerning two Bangladeshi citizens in jail for over 1.5 years.In doing so the court underscored that foreign nationals facing trial in India are also entitled to Right to Life and Dignity...

'Shameful Act By One Entrusted With Shaping Futures': Rajasthan High Court Confirms KVS Teacher's Dismissal For Sexual Misconduct With Student

Rajasthan High Court observed that in Indian culture and society, women are respected and honoured for the well-being of the community, and any misconduct towards them invites serious consequences.The observations were made by the division bench of Justice Vinit Kumar Mathur and Justice Ravi Chirania while rejecting the petition filed against the termination of a primary teacher at...

'Not An Empty Formality': Rajasthan High Court Flags Casual Cognizance Orders By Magistrates, Seeks Chief Justice's Intervention

Rajasthan High Court took a serious note of several cognizance orders being passed by Magistrates in “very casual and cursory manner, without due application of judicial mind”, without perusing the records, or ensuring that there existed any prima facie case.In doing so the court referred the matter to the Chief Justice on the administrative side, to consider sending the order to...

State Can't Impose Lease Rent Post-Auction; Bidder Signing Undertaking Doesn't Mean Unqualified Consent To New Conditions: Rajasthan High Court

Rajasthan High Court held that the State could not unilaterally impose an annual lease rent condition after completion of an auction and plot allotment when no such condition was contemplated in the original auction notification.The division bench of Dr. Justice Pushpendra Singh Bhati and Justice Sandeep Taneja further rejected the State's argument of the allotees being bound by...

Media Professionals Must Not Threaten Or Extort: High Court Refuses To Quash Extortion FIR Against Zee Rajasthan's Former Head

Remarking that "media professionals are expected to avoid causing undue harm to anyone by way of threat or extortion", the Rajasthan High Court refused to quash an extortion FIR registered against former Channel Head of Zee Rajasthan on a complaint filed by the company. While underscoring the far-reaching impact of media, Justice Anoop Kumar Dhand observed that media, being the fourth pillar...

NEET | Biology In Class 11 Not Mandatory: Rajasthan High Court Orders Admission Of Candidate Who Took Biology As Additional Subject In Class 12

Rajasthan High Court granted relief to a successful NEET candidate whose candidature was rejected solely on the ground that he did not pursue Biology in Class 11th, rather studied and passed it in Class 12th only, that too as an additional subject.The bench of Dr. Justice Nupur Bhati opined that the Public Notice issued in 2023 by the National Medical Commission (“NMC”), as well as...

Trials Are Quest For Truth, Filing False Documents Is Fraud On Court: Rajasthan High Court Upholds Enquiry Into Sale Deed

Observing that every trial is meant to discover the truth and filing false documents amounts to fraud on the court, the Rajasthan High Court upheld an order directing enquiry into the genuineness of an allegedly forged sale deed.The court at the outset noted, “Truth is the foundation of justice…The entire judicial system has been created only to discover and establish the real...

Recruitment Advertised For Tribal Areas Creates Legitimate Expectation; State Can't Post Candidate Elsewhere Sans Reasons: Rajasthan High Court

The Rajasthan High Court has held that the State cannot extend an attractive promise at the stage of recruitment and later altogether depart from it without any rational justification.The bench of Justice Farjand Ali held that a legitimate expectation could undoubtedly arise in the candidates' mind at the time of entering service that their posting would be in or around the regions for which...

Standard Of Family's Indigence For Compassionate Appointment Can't Be Interpreted As 'Beggary': Rajasthan High Court

The Rajasthan High Court has held that the technical definition of “indigent” under Order XXXIII, Rule 1 of CPC, could not be transposed mechanically into the domain of compassionate appointment as that would reduce the scheme illusory,by imposing a threshold that no eligible family could practically meet.“Indigent Person” under CPC meant that a person who did not possess sufficient...