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 Rajasthan High Court

Victims Appeal Against Grant Of Probation To Convict Not Maintainable Under S.372 CrPC: Rajasthan High Court

The Rajasthan High Court has held that a victim's statutory right to appeal against grant of probation to the convict is not maintainable under Section 372 CrPC.In doing so the court observed that a victim's appeal challenging the convict's probation was jurisdictionally wrong as its foundation laid in the victim's dissatisfaction with the sentence imposed. The bench of Justice Farjand Ali...

Banks Must Show Empathy Toward Employees With Medical Ailments; Cant Rigidly Follow Transfer Circulars: Rajasthan High Court

While setting aside transfer of a SBI employee from Jaipur to Hyderabad who was suffering from a medical ailment that resulted in damage to his body, the Rajasthan High Court has held that banks must take a pragmatic approach and show empathy towards their employees. The division bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Sangeeta Sharma opined that for postings...

Relatives Mere Presence In Matrimonial Home Or Passive Familial Association Cant Attract S.498A IPC: Rajasthan High Court

While setting aside summons under Section 498-A IPC against some family members of a married man, the Rajasthan High Court has held that criminal liability could not be inferred merely on the basis of a relative's presence in the matrimonial house in absence of any precise attribution of role to such family members in the allegations of cruelty. The bench of Justice Farjand Ali opined...

Rajasthan High Court Directs Cooperative Bank To Pay PMFBY Insurance To Farmers, Says They Cannot Suffer Due To Data Entry Error

Rajasthan High Court directed the Nagaur Central Cooperative Bank (“Bank”) to disburse the insurance money to farmers, opining that the farmers could not be denied benefits under the Pradhan Mantri Fasal Bima Yojna (PMFBY) owing to error committed by the cooperative societies in filling the data on the National Crop Insurance Portal (“NCIP”). The bench of Justice Kuldeep Mathur...

State Can Order Reassessment Of Disability Certificates Of Employees Appointed Under PwD Quota To Prevent Fraudulent Claims: Rajasthan HC

The Rajasthan High Court rejects a bunch of petitions, challenging the State's order of compulsory reassessment of benchmark disabilities of persons who, during the last 5 years or more, were employed under the PwD category, opining that it was the State's duty to ensure that reservation policies were implemented in a legal and transparent manner, ensuring equality and fairness. “A humane...

Minor Below Minimum Age Prescribed For Applying At Time Of Employees Death Cant Seek Compassionate Appointment: Rajasthan High Court

The Rajasthan High Court has held that even though compassionate appointments are made to mitigate the hardship suffered by the family of the deceased employee, the Government could not be compelled to wait indefinitely until the child of the deceased, who was minor at the time of death, attains majority for submitting the application for employment. The bench of Justice Kuldeep Mathur...

Denying Doctor Permission To Pursue Higher Studies Solely Due To Administrative Inconvenience Not Sustainable: Rajasthan High Court

The Rajasthan High Court has granted interim relief to a Medical Officer who was selected for a Senior Residency Course but was not relieved from service by the State, observing that denial of permission to pursue higher studies merely on account of administrative inconvenience cannot be sustained.Justice Nupur Bhati directed the State authorities to relieve the petitioner immediately so that...

Rajasthan High Court Quashes Case Against JDA Officer Accused Of Illegal Demolition, Cites Lack Of Sanction

The Rajasthan High Court set aside proceedings against the Enforcement Officer, Jaipur Development Authority (“EO, JDA”) in a case of alleged unlawful entry and demolition of entry gate, in absence of prior sanction under Section 197, CrPC and restriction under Section 78 of the JDA Act.The bench of Justice Pramil Kumar Mathur was hearing a petition challenging the orders of the trial...

Rajasthan High Court Expresses Dissatisfaction Over City Cleanliness, Says Fines May Be Imposed On Citizens For Improper Garbage Disposal

The Rajasthan High Court has expressed dissatisfaction over the performance of the Municipal Corporation relating to the cleaning of the city, and suggested steps that should to be undertaken including imposition of fine on citizens who did not perform their duties of getting the garbage removed from their particular area. The division bench of Acting Chief Justice Sanjeev Prakash Sharma...

Rajasthan High Court Drops Suo Motu Contempt Against Registry Officials Over Non-Listing Of Cases

The Rajasthan High Court has dropped the suo moto contempt proceedings initiated against Registry officials over grievances expressed by certain advocates alleging non-listing of matters even after Court fixing the next dates. The division bench of Justice Pushpendra Singh Bhati and Justice Sandeep Shah took note of a Supreme Court decision that held that filing of contempt petition merely...

Freezing Bank Account Without Prima Facie Link To Offence Violates Right To Life, Trade: Rajasthan High Court

Rajasthan High Court held that freezing of a citizen's account without any cogent reason or establishing even a prima facie nexus of such account with the offence, amounted to grave and unwarranted intrusion that violated fundamental rights under Article 21 and 19 (1) (g). The bench of observed that the statutory power of investigating agencies to request the bank to freeze the account, could...