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...

'Limited Power Of Judicial Review In Suspension Cases': Rajasthan HC Dismisses Plea By Govt Employee Suspended For Allegedly Fabricating Documents

Dismissing a petition against suspension of a government employee in contemplation of the departmental enquiry against him, the Jaipur bench of the Rajasthan High Court observed that while exercising power under Article 226 of the Constitution, the scope of interference in matters of suspension was very limited.Justice Anoop Kumar Dhand in his order said, “In matters of suspension, the...

Rajasthan High Court Annual Digest 2024 [PART I]

Citations: 2024 LiveLaw (Raj) 1 To 2024 LiveLaw (Raj) 232Orders/JudgmentsJanuary 2024Writ Petition Against Charge-Sheet Not Maintainable Unless Issued By Authority Not Competent To Initiate Disciplinary Action: Rajasthan HCTitle: Laxman Singh Gurjar v. Rajasthan State Road Transport Corporation & 2 Ors.Citation: Citation: 2024 LiveLaw (Raj) 1The Rajasthan High Court dismissed a writ...

Rajasthan Public Trust Act | If Registration Of Public Trust Is Challenged In Appeal, It Becomes Necessary And Proper Party To Proceedings: HC

Rajasthan High Court has set aside the order of the Commissioner, Devasthan Department, Udaipur (“Commissioner”) that rejected the application for impleadment of a public trust in an appeal filed for quashing the order vide which the registration of the trust was allowed, ruling that the trust was a necessary and property party for adjudication of the appeal.“…when the respondents no....

Supreme Court Collegium Recommends Appointment Of 3 Judicial Officers As Rajasthan HC Judges

The Supreme Court Collegium, in its meeting held on 22nd December 2024 approved the proposal for the appointment of the following Judicial Officers, as Judges of the Rajasthan High Court: Chandra Shekhar Sharma, Pramil Kumar Mathur, and Chandra Prakash Shrimali Click Here to Read/Download the Collegium's...

Employee Entitled To Annual Grade Increments, Arrears Of Last Drawn Salary During Suspension Period: Rajasthan High Court

A single judge bench of the Rajasthan High Court comprising of Justice Sudesh Bansal held that the employee is entitled to the payment of annual grade increments as well as arrears of last drawn salary during the suspension period. Background Facts The petitioner was holding the post of Stenographer Grade-I in the Rajasthan Financial Corporation (RFC). He was arrested and...