Rajasthan High Court
Rajasthan High Court Directs State Police To File Affidavit On Steps Taken Against 'Menace' Of Online Sale Of E-Cigarettes
The Jaipur bench of the Rajasthan High Court has asked the State Police, specifically the officer-in-charge at the Police Headquarters who is handling the issue of online sale of e-cigarettes, to file an affidavit clearly stating what action has been taken so far against online platforms selling e-cigarettes.While hearing a writ petition, the division bench of Chief Justice Manindra...
Cheque Dishonour: Rajasthan High Court Sets Aside Conviction After Compromise, But Imposes 15% Cost On Drawer Citing Failed Appeal
Rajasthan High Court set aside conviction and sentence in a cheque dishonour case in light of settlement reached between the parties while imposing a cost of 15% of the cheque value on the petitioner (convict) since the compromise was reached at after rejection of appeal filed by the convict and pending revision petition.The bench of Justice Manoj Kumar Garg was hearing a revision petition...
NEET Spot Counselling Is Continuation Of Process To Fill Seats, Prospectus Conditions Applicable: Rajasthan High Court
Rajasthan High Court dismissed the petition filed against AIIMS, Jodhpur challenging the demand for a deposit of Rs. 5,00,000 from the petitioner who took admission pursuant to spot counselling in the college but then chose to vacate the seat mid semester.The bench of Justice Vinit Kumar Mathur observed that the condition of depositing the amount in the event of vacating the seat mid-semester...
MV Act | Show Cause Notices, Inquiry By Registering Authority Other Than Original Registering Authority Not Illegal: Rajasthan High Court
The Jaipur bench of the Rajasthan High Court has said that even though only the original registering authority could cancel the registration of a vehicle under Section 55(2) of the Motor Vehicles Act, the provision does not prevent any other registering authority from issuing show cause notices and/or conducting inquiry in the matter.For context, Section 55(2) MV Act lays down cancellation...
Rajasthan HC Directs Tax Commissioner To Recall 'Contemptuous Order' Denying Benefit Of Entertainment Tax Scheme To Cinema Theatre
The Jodhpur bench of Rajasthan High Court recently directed the Deputy Commissioner Commercial Taxes, Bikaner to recall its order denying benefit of an amended scheme on entertainment tax to a cinema theatre, terming it contemptuous since it affirmed an earlier order which had already been annulled by the high court in 2014. The petitioner–Alok Chitra Mandir had opted for a composition...
Rajasthan High Court Questions Special POCSO Judge For Denying Bail To Man Not Named In Victim Statement
Expressing “anguish and pain” over denial of bail to a man not even named by the minor victim in her statement, the Rajasthan High Court has sought explanation from a Special POCSO Judge for his decision.The bench of Justice Anil Kumar Upman opined that the increasing tendency of trial courts in rejecting bail petitions in a "casual and routine manner" even in appropriate cases was...
Judicial Restraint Paramount For Cognizance In Medico-Legal Cases: Rajasthan HC Exonerates Doctors Charged Of Forging Pathological Report
The Jodhpur bench of the Rajasthan High Court has underscored that in cases concerning doctors/hospital administration involving allegations of forging pathological reports, meticulous judicial scrutiny was required before taking cognizance, especially when the doctor had not refuted the authenticity of the signatures.Justice Farjand Ali opined that the risk of invoking presumptions under...
Rajasthan HC Sets Aside Termination Of Govt Employee For Appearing As Dummy Candidate In Exam, Says Charge Wasn't Included In Charge-Sheet
Rajasthan High Court set aside the order of a District Education Officer wherein the services of a Junior Assistant (Clerk Grade-II) (“Petitioner”) were terminated based on the fact that the ground on which the Petitioner was terminated was not appearing either in the charge sheet or in the inquiry report.The bench of Justice Dinesh Mehta held that, “In the opinion of this Court,...
Rajasthan Tenancy Act | Land Recorded As “For Mining Purposes” In Revenue Records Cannot Be Used For Agricultural Purposes: High Court
Rajasthan High Court has ruled that since mining could not be termed as an agricultural activity under Rajasthan Tenancy Act, 1955 (“the Act”), the land used for mining operations could not be termed as a land used for agricultural purposes especially when in the revenue records the nature of the land was recorded as “for mining purposes”.The bench of Justice Rekha Borana was...
Claim Bill/Voucher Not Akin To Notice Under Carriage By Road Act Which Is A Precondition For Instituting Legal Proceedings: Rajasthan HC
The Jaipur bench of the Rajasthan High Court has ruled that a claim bill (voucher) cannot be equated to a notice required under Section 16 of the Carriage by Road Act, as per which legal proceedings cannot be initiated against a common carrier unless a notice in writing was served on them. The Court was hearing a revision petition filed against an order of a senior civil judge...
Magistrate Must Show Disagreement With Police's Negative Final Report While Taking Cognizance Of Offence On A Protest Plea: Rajasthan HC
While setting aside a decision of the trial court taking cognizance of offences including rioting in a protest plea, the Jodhpur bench of the Rajasthan High Court reiterated that it was settled law that while taking cognizance of offence on a protest petition the Magistrate should demonstrate his "disagreement with the police report".Justice Farjand Ali held that a definite opinion was...
Not Issuing Provisional Answer Key Or Inviting Objections During Recruitment Process Violates Fundamental Rights Of Candidates: Rajasthan HC
Rajasthan High Court has ruled that not following the procedure like issuance of model answer key, inviting objections, constitution of committee of experts and issuance of final answer key in the recruitment process for government posts, renders the process non-transparent and violates the fundamental rights of the aspirants under Articles 14, 16 and 21 of the Constitution.The bench of...