Rajasthan High Court
Rajasthan High Court Monthly Digest: November 2024
Citations: 2024 LiveLaw (Raj) 328 To 2024 LiveLaw (Raj) 377NOMINAL INDEXJakir Khan v State of Rajasthan & Anr. 2024 LiveLaw (Raj) 328Hemlata Choudhary v the State of Rajasthan & Anr. 2024 LiveLaw (Raj) 329Smt. Suman Lata Kapur v the State of Rajasthan & Ors. 2024 LiveLaw (Raj) 330Anju Parihar v Looni Devi 2024 LiveLaw (Raj) 331Umesh Kumar & Anr. v Lila Bai & Anr. 2024...
When Deceased Govt Employee Married Second Wife Without Divorcing First Wife, Only The Latter Will Get Family Pension: Rajasthan High Court
Rajasthan High Court has accepted the petition by the first wife of a deceased government employee for family pension on the grounds that no valid divorce took place between them since “social divorce” was not recognized by our legal system. In this light, since the marriage with the second wife was not valid as per the Hindu Marriage Act, 1955 (“the Act”), she could not be seen...
S.175 BNSS | Magistrate Can't Order Registration Of FIR Like 'Rubber Stamp' Especially In Complaints Arising From Family Disputes: Rajasthan HC
Rajasthan High Court quashed an FIR filed by the police on directions from the CJM based on a complaint under Section 175(3), BNSS, calling it a “rubber-stamp decision making” and observing complete judicial oversight on part of the CJM. It was opined that no judicial mind was applied for making an independent determination regarding prima facie existence of the case against...
Can Rape, POCSO Act Convicts Be Shifted From Jails To Open Air Camps? Rajasthan High Court Refers Issue To Larger Bench
Taking note of the conflicting views, Rajasthan High Court has referred the issue of Whether a prisoner, convicted for the offence under Section 376 IPC/POCSO Act, undergoing the sentence of imprisonment in Jail, can be shifted to Open Air Camp, to a Larger bench.“There is no exact decision on the legal issue involved in this petition, rather there are conflicting opinions and views...
If Police Investigation Reveals No Involvement Of Accused In Alleged Offence, Continuing LOC Would Violate Fundamental Rights: Rajasthan HC
Rajasthan High Court has directed the quashing of Look Out Circular and standing arrest warrant issued against the petitioner, who was not found to be involved in the alleged offence by the police, ruling that when the police itself was not interested in prosecuting her, continuation of the LOC would amount to violation of her fundamental rights under Article 21 of the Constitution.The bench...
Rajasthan High Court Allows Asaram Bapu To Avail Medical Treatment In Maharashtra For 17 Days Under Police Custody
The Rajasthan High Court on Tuesday allowed self-styled godman, Asaram Bapu, serving a life sentence for raping a minor girl, to get medical treatment at a Maharashtra-based Multidisciplinary Cardiac Care Hospital for 17 days in police custody. “Concededly, the applicant is behind the bars for last 12 years and he is 88 years of age and suffering from multiple ailments including...
Whether Arbitration Agreement Has All Essential Elements Can Better Be Decided By Tribunal U/S 16 Of A&C Act: Rajasthan High Court
The Rajasthan High Court bench of Justice Sudesh Bansal has held that the issue of validity of arbitration agreement more particularly in respect of having essential elements of the arbitration agreement, can better be considered and decided on merits by the arbitration tribunal under section 16 of the Arbitration Act. Brief Facts The present application has been filed under section...
Rajasthan HC Rejects Pleas Challenging Answer Key For Dental Medical Officers' Exam Due To Lack Of Palpable And Demonstrable Error
The Jaipur bench of the Rajasthan High Court rejected a bunch of writ petitions challenging the final answer key issued by the Rajasthan University of Health Science for Dental Medical Officer's exam ruling that the only situation in which disputed answer key can be interfered with if it appears to be “palpably and demonstrably erroneous”.In doing so the court found that the RUHS duly...
Referral Court U/S 11 Of Arbitration Act Cannot Enter Into Merits Of Subject Matter Of Disputes: Rajasthan High Court
The Rajasthan High Court bench of Justice Sudesh Bansal has held that the court under section 11 of the Arbitration Act cannot enter into merits of subject matter of the disputes. It has to see only the prima facie existence of an arbitration agreement. Brief Facts These two Arbitration Applications have been filed under section 11 of the Arbitration Act seeking the appointment...
CGST Rules Prescribing Time-Bound Submission Of Declaration Under TRAN-1 To Claim Transitional Credit Not Directory But Mandatory: Rajasthan HC
The Rajasthan High Court has held that Rules prescribing the 'time and manner' for claiming transitional credit, in addition to the statutory procedure provided under Section 140 of the Central Goods and Services Tax Act 2017, are mandatory in nature. A division bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri Laxman thus held that prescriptions under Section 117...
Daughter Who Became Widowed/ Divorced After Death Of Govt Employee Parent Falls Outside “Family” Under Pension Rules: Rajasthan HC
Rajasthan High Court rejected a bunch of writ petitions filed by daughters claiming family pension pursuant to their respective parents' death who were government employees, on the basis of them attaining status of a widow or a divorcee, subsequent to their parents' demise.The bench of Justice Dinesh Mehta ruled that the relevant date for determining family's right to receive family pension...
In Era Of Cut-Throat Competition, Candidate Obtaining Employment Through Fake Marksheets Can't Claim Equity: Rajasthan High Court
Rajasthan High Court has rejected the petition filed against order of the Rajasthan Rajya Vidhyut Utpadan Nigam Ltd. (“Respondent”) wherein petitioner's appointment was cancelled, on the grounds that the MBA degree based on which the appointment was obtained was fraudulent and false.The bench of Justice Dinesh Mehta further rejected the prayer of the petitioner to regularize his...