Rajasthan High Court
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...
Rajasthan HC Cancels Air Force Personnel's Anticipatory Bail Due To Misrepresentation, Hiding True Facts Like Grievous Injury Caused To Victim
The Jodhpur bench of the Rajasthan High Court cancelled the anticipatory bail of an Air Force personnel on the grounds that he allegedly misrepresented and hid material true facts when he argued his anticipatory bail which was eventually granted last year. Justice Farjand Ali observed that during the proceedings of anticipatory bail, the counsel appearing for the accused had only mentioned...
S. 138 NI Act | Complainant Can't Be Left Remediless Merely Because He Filed 'Premature' Complaint For Cheque Dishonour: Rajasthan HC
The Rajasthan High Court reiterated that where the complaint of cheque bouncing was filed before the expiry of stipulated timeline of 15 days under Section 138 of the Negotiable Instruments Act, the court could not take cognizance of such compliant. However, the court while referring to Supreme Court decisions on the issue said that, in such case, the holder could register a second complaint...
Filing Of Repeated, Identical Petitions Is A Serious Menace To Administration Of Justice: Rajasthan HC Imposes Costs On Petitioners
Rajasthan High Court imposed symbolic cost of Rs. 1000/- on numerous petitioners for approaching the Court with the same cause of action that had already been decided by the Court on two occasions with specific directions to everyone with same cause of action to directly approach the concerned Government Department by filing representations and also directing the Department to decide...
Rajasthan HC Sets Aside Rule Imposing Rs. 50 Fee For Each Day's Delay In Applying For Vehicle Fitness Certificate Renewal
The Rajasthan High Court has set aside a provision in the Central Motor Vehicle Rules as ultra vires which sought to levy additional fee of Rs. 50 for each day of delay in making an application for renewal of the certificate of fitness required by the transport operators for their vehicles to operate on roads.A division bench of Chief Justice Manindra Mohan Shrivastava and Justice Ashutosh...
Pension Calculation Is Governed By Rules In Force When Employee Joined Service; Can't Retrospectively Apply New Rules: Rajasthan HC
Rajasthan High Court, Jaipur Bench: A Division Bench of Justices Manindra Mohan Shrivastava and Ashutosh Kumar upheld a single-judge decision that allowed a government employee to include his territorial army service in pension calculations. The Court ruled that pension rules introduced in 1996 could not retrospectively be applied to those who joined under the Rajasthan Service...