'Not Given Opportunity To Defend Himself': Rajasthan HC Expunges Adverse Remarks Against Advocate For Allegedly Using 'Undisciplined Language'

The Jaipur bench of the Rajasthan High Court directed expunging of adverse remarks against an advocate, having a practice of more than 19 years, put on record by a division bench of the Court in its order in a criminal miscellaneous petition on the ground that the “petitioner misbehaved with the Court and used undisciplined language/words and failed to maintain the discipline of the Court...

Rajasthan High Court Slams State's 'Callous Attitude' Towards Employee Who Wasn't Paid For 1.5 Yrs Despite Continuous Service

The Jodhpur bench of Rajasthan High Court directed the State not to pay salary of Principal Secretary–health department, Principal Secretary–Medical Education Department and Principal & Controller of Rajmata Vijaya Raje Scindia Medical College in case the dues of college's employee pending since April 2023, are not cleared by next month. The court said this after taking note of...

Rajasthan HC Sets Aside Employee's Demotion From Post Held For 17 Years, Says Decision Rejecting Peer's Plea Seeking Same Relief Not In Rem

The Jodhpur bench of the Rajasthan High Court set aside a 14-year-old order demoting a government employee from a post on which he served for 17 years, wherein the demotion was directed based on a judgment in a plea by a similarly situated counterpart who had also sought promotion but was denied noting that he wasn't entitled to it. The bench of Justice Arun Monga opined that since there was...

2013 Rape Case | Rajasthan High Court Grants Interim Bail To Asaram Till March 31 For Medical Treatment

The Rajasthan High Court (Jodhpur bench) today granted interim bail till March 31 to self-styled godman Asaram, who is serving a life sentence in connection with a 2013 rape case. This order enables Asaram to walk out of jail for the first time since his arrest in 2013.The order was passed by a bench of Justice Dinesh Mehta and Justice Vinit Kumar Mathur a week after the Supreme Court...

S.498A IPC | Circular Barring Husband From Seeking Govt Employment Due To Wife's Pending Cruelty Case Violates Article 14, 21: Rajasthan HC

The Jodhpur bench of the Rajasthan High Court set aside order rejecting candidature of the petitioner based on pending cruelty case under Section 498A IPC, ruling that at best the petitioner was "merely an under trial" and his fate is yet to be determined based on the trial's outcome. Furthermore, the court noted that a mere break down of marriage could not be treated as if the husband was...

Rajasthan High Court Monthly Digest: December 2024

Citations: 2024 LiveLaw (Raj) 378 To 2024 LiveLaw (Raj) 426NOMINAL INDEXOil and Natural Gas Corporation Limited & Anr. v Ranjan Tak & anr. 2024 LiveLaw (Raj) 378Badri Prasad v Central Bureau of Investigation and other connected petition 2024 LiveLaw (Raj) 379Bhawna Bohra v State of Rajasthan & Ors. 2024 LiveLaw (Raj) 380Shri Ishwar Prasad v the State of Rajasthan 2024 LiveLaw...

Commercial Court Committed Jurisdictional Error By Imposing Pre-Condition To Deposit 50% Of Amount For Stay Against Arbitral Award: Rajasthan HC

The Rajasthan High Court Bench of Justice Sudesh Bansal has held that the Commercial Court has committed jurisdictional error in exercising its discretion arbitrarily, mechanically and injudiciously, while putting the condition to deposit 50% of the awarded amount, for operating stay against arbitral award without assigned justified and sound reasonings. Additionally, the court...

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates

Rajasthan High Court reiterated that there was no blanket rule against filing successive petitions under Section 482, CrPC, before the High Court, however, in such petitions it had to be seen whether there was any change in facts and circumstances that necessitated filing of the petition.The bench of Justice Anoop Kumar Dhand was hearing a criminal miscellaneous petition against the order of...

Forfeiting 26 Yrs Of Constable's Service Over 15-Days Unsanctioned Leave Due To Medical Emergency Shocks Court's Conscience: Rajasthan HC

Rajasthan High Court has set aside the forfeiture of 26 years of service of a constable who went on unsanctioned leave of 15 days on account of illness, opining that the punishment was so excessive, grossly disproportionate and arbitrary that it shook the conscience of the Court and undermined the rehabilitative objective that a welfare state ought to follow.“Punishing...

Party Can't Bypass Sessions Court And Directly Move High Court In Revision Against Order Framing Charge, Court Already Flooded: Rajasthan HC

Remarking that the court is already flooded with several quashing petitions under Section 482 CrPC, the Rajasthan High Court observed that though both High Court and Sessions Court have concurrent jurisdiction to review orders, a party cannot bypass the Sessions court's revisional jurisdiction. Section 397, CrPC lays down the revisional powers of the High Court and the Sessions Court.The...

Rajasthan HC Slams State For Denying Mason Post To Man With Amputation In Non-Dominant Hand, Appointing Man With Amputation In Dominant Hand Instead

Rajasthan High Court allowed the petition filed by a candidate denied mason post for being declared medically unfit on account of amputated little finger of his left hand (non-dominant hand), as opposed to another candidate who was given the employment despite having amputation of finger in his dominant hand.While terming the approach of the State to be “lopsided on the very...

Rajasthan HC Upholds Reversal Of Certain Teachers' Promotion To Maintain Seniority, Says Not Granting Them Hearing Caused No Prejudice

Rajasthan High Court has upheld the unilateral reversal of promotion granted to certain Grade-III Teachers, in order to maintain the list of seniority.In such a scenario, bench of Justice Dinesh Mehta said, the State's omission to give the teachers an opportunity of hearing did not cause any prejudice since admittedly, the persons who were granted promotion in Petitioners' place, were senior...