Rajasthan High Court
Has No Sanction Of Law: Rajasthan HC Sets Aside Proceedings Initiated Under Prevention Of Food Adulteration Act After Its Repeal
Rajasthan High Court quashed and set aside proceedings that were initiated in 2011 under the Prevention of Food Adulteration Act, 1954 (“PF Act”) which already got repealed in 2010 and was followed by the Food Safety and Standards Act, 2006 (“FSSA”).The bench of Justice Farjand Ali highlighted that even the cognizance of the offence was taken by Judicial Magistrate under the PF Act...
Reflects State Officials' Adamancy To Not Let Go Of Administrative Superiority: Rajasthan HC Stays Transfer Of 1000 Panchayat Officers
While staying the transfer of over 1000 officials–where the elected Panchayat bodies were denied the opportunity to exercise their powers under law, the Jodhpur bench of the Rajasthan High Court said that it reflected the State officials' adamancy to not let go of their administrative superiority.Justice Arun Monga held that such an order reflected that the guidelines as well as the...
34 Yrs On, Rajasthan HC Sets Aside Rape Conviction Citing Failure To Conduct Test Identification Parade, Asks State To Properly Instruct IOs
Rajasthan High Court directed Director General of Police, Jaipur and the Principal Secretary, Department of Home, for issuing instructions and guidelines to all the Police Investigating Officers of Rajasthan to conduct the Test identification Parade (“TIP”) of the accused with the victim in cases where the accused was not known to the victim.The bench of Justice Anoop Kumar Dhand was...
Mere "Benefit Of Doubt" Acquittal Can't Be Used As Ruse To Deprive Employee Of Legitimate Financial Entitlements: Rajasthan HC
Rajasthan High Court granted relief to the petitioner (Junior Engineer) who was under suspension between 2002 to 2009 due to a criminal case in which he eventually got acquitted, and his service were also restored but was denied the payment of arrears on the ground that his acquittal was merely based on benefit of doubt.The bench of Justice Arun Monga termed this stance taken by the State...
"Alarming Situation": Rajasthan HC Orders Authorities To Restore Bank's Possession Over Mortgaged Property Forcibly Taken By Defaulter
Expressing surprise and alarm, the Jodhpur bench of the Rajasthan High Court directed the District Collector and Sri Ganganagar's Superintendent of Police to take stern action against a loan defaulter who took unlawful forcible possession of his mortgaged property that was taken over by a bank under the SARFAESI Act.Justice Vinit Kumar Mathur highlighted that despite the petitioner– AU...
State To Consider 'Exceptional Personal Hardships' Faced By Employees: Rajasthan HC Sets Aside Transfer Of Nurse Who Looks After Aged Mother
Rajasthan High Court set aside the transfer of a Nurse, 300 Kms away from her current posting, considering that she is the sole earner of her family comprising her mother who was a senior citizen widow, suffering from Alzheimer's and thus requiring medical treatment at current place.The bench of Justice Arun Monga held that the transfer would not only cause logistical difficulties to her but...
Rajasthan HC Stays State Bar Council Resolution Extending Tenure Of Bar Association Members, Appoints Interim Administrative Committee
Note: The High Court's order has been subsequently stayed by the Supreme Court.The Rajasthan High Court has admitted a petition challenging the resolution of the Bar Council of Rajasthan (“BCR”) dated April 16, 2024, which extended the tenure of the elected office bearers of the Bar Association from one year to two years. The court stayed the effect and operation of the resolution...
"Land Belongs To Deity": Rajasthan High Court Rejects 35-Yr-Old Plea Challenging Re-Entry Of Temple Land In Revenue Records
The Jaipur bench of the Rajasthan High Court recently dismissed a 35-year-old plea against an order by which the Ajmer Revenue Board "re-entered" into the records, a land on which Shri Gopalji Temple is situated, underscoring that the land in question belongs to a deity–a minor who is precluded from availing legal remedies without human help. Justice Avneesh Jhingan further said that based...
Seem To Be Passed In Great Haste: Rajasthan HC Tells State To Decide Afresh On Transfer Of 1116 Accounts Officers Ensuring Non-Arbitrariness
The Jodhpur bench of the Rajasthan High Court has directed the State to take a fresh call on the transfer of 1,116 Assistant Account Officers, who had alleged violation of a Finance Department circular as per which the officers could be transferred "only in special circumstances and in the interest of the state" before completing 4 years with sanction. The court said this after noting the...
Rajasthan HC Slams State For Transferring 8-Month Pregnant Officer 320 Km Away From Current Posting, Orders Sensitization Of Authority
Terming the State's action in transferring an 8-month pregnant nursing officer 320 km away from her current posting as a display of "sheer apathy and callous disregard for basic human dignity", the Rajasthan High Court directed the Health Secretary to sensitize its officers empowered to pass transfer orders. It said this while emphasizing that "maternal health has been given statutory...
'Live-In Relationships Must Be Registered With Govt Authority Till Law Is Formulated To Govern Them': Rajasthan High Court
Emphasizing that the need of the hour was for the Centre and State government to enact a legislation governing live-in relationships, the Jaipur bench of the Rajasthan High Court on Wednesday directed, that till such a law is enacted, live-in-relationship must be registered by a government established authority or tribunal. Justice Anoop Kumar Dhand in his order said, "The...
Can Married Persons In Live-In Relationship With Others Seek Protection Orders? Rajasthan High Court Refers To Larger Bench
The Jaipur bench of the Rajasthan High Court on Wednesday referred to a large bench to decide whether married persons who choose to be in live-in relationships with other individuals without first dissolving their marriage are entitled to seek protection orders from the court. Justice Anoop Kumar Dhand passed the order after taking note of various judgments of the high court where...