Rajasthan High Court
No Obligation On State To Inform Sexual Assault Victim Of Right To Terminate Pregnancy: Rajasthan HC Flags MTP Rules, Initiates Suo Moto Case
Upholding an order dismissing a father's plea seeking termination of his daughter's over 24-week pregnancy who was allegedly trafficked and raped, the Jaipur bench of the Rajasthan High Court took suo motu cognizance of the issue noting that there was no obligation in law on the State to apprise a sexual assault survivor of her right to termination.In doing so the court observed that delay...
Woman Died Within 4 Walls Of In-Laws' Home And Was Cremated Hurriedly: Rajasthan HC Overturns 22-Yr-Old Acquittal In Dowry Death Case
Overturning a 22-year old acquittal in a dowry death case, the Jodhpur bench of the Rajasthan High Court cancelled the bail bonds of the accused father-in-law and the mother-in-law, noting that they failed to explain the circumstances leading to the woman's death since the alleged crime took place within the four walls of their home.The court said that the duo failed to discharge their...
Rajasthan High Court Permits Admission In Navodaya Vidyalaya To Student Who Couldn't Attend 'Full Academic Session' Due To Pandemic
Rajasthan High Court has directed granting of admission to a student in the Shri School Jawahar Navodaya Vidyalaya (“the School”) who did not attend 3rd standard for full one academic session on account of the classes commencing with a few months delay due to Covid, as against the selection guidelines that required the candidate to pass standards 3rd, 4th and 5th after spending one...
Interpretation Of Contractual Stipulations Must Be Done To Give Full Effect To Arbitration Agreement: Rajasthan High Court
The Rajasthan High Court Bench of Justice Sudesh Bansal has held that it is a well-established principle of law if there is any contractual stipulation between the parties which under-mines the scope of the arbitration clause. Then, the same will be given an interpretation in the manner which gives full effect to the arbitration agreement between...
Minor Son Brought To India By Mother In 2018 Is US Citizen, Illegal Migrant In India: Rajasthan HC Allows Father's Habeas Corpus Plea
The Jaipur bench of the Rajasthan High Court allowed a habeas corpus plea filed by the father of a minor child was born and earlier residing in the US, was brought to India by his mother in 2018 and had not returned even after expiration of his visa, ruling that the child shall be considered an illegal migrant in India. A division bench of Justice Pankaj Bhandari and Justice Shubha Mehta...
Temporary Service During COVID-19 Pandemic No Grounds To Ask For Bonus Marks Or Reservation For Post Of Nurse: Rajasthan High Court
Rajasthan High Court rejected petition by a disabled candidate for the post of Female Nurse suffering from 61% polio in both her legs, on the grounds that the guidelines specifying the disabilities eligible for reservation of the post reflected only single-leg disability and held that merely because she temporarily served on the post during Covid, she could not be conferred with any...
Refusing Mutation Due To Pending Property Suit Despite Rejection Of Temporary Injunction Against Bonafide Purchaser 'Arbitrary': Rajasthan HC
Rajasthan High Court has expressed shock on the order of Municipal Commissioner of Udaipur, rejecting a bonafide purchaser's application for entering his name in Revenue Records on the grounds that a dispute was pending in the trial court regarding the property, despite the fact that the trial court had already rejected plaintiff's application of temporary injunction in that case.The bench...
Department Failed To Prove Non-Existence Of Firms: Rajasthan High Court Grants Bail To Assessee Charged For Issuing Fake Invoices
The Rajasthan High Court granted bail to the assessee charged for issuing fake invoices to the firms on the ground that the department failed to prove that these firms are not in existence and their GST registration have been cancelled. The Bench of Justice Ganesh Ram Meena observed that “……there is nothing on record that who claimed how much input tax credit on the...
Rajasthan HC Initiates Suo Motu Case Over Lack Of Hygienic Public Washrooms, Says Women Compelled To Defer Urination, Restrict Water Intake
Rajasthan High Court has taken suo-moto cognizance of the lack of sanitary and hygienic public washrooms for women, making them prone to several health issues.“The facilities as are available to women walking on the street are almost negligible and in no way proportionate to the existing facilities vis-a-vis the women population. Not only are the basic infrastructure/facilities lacking,...
Rajasthan High Court Reprieve To Anganwadi Worker Not Granted Appointment Letter Since 2016 Due To Lapse By Gram Panchayat
Rajasthan High Court provided relief to a successful candidate for the post of Anganwari worker, who although was declared as meritorious in the selection list in 2016, owing to inaction on part of the Gram Panchayat, did not receive any appointment letter till date.The bench of Justice Arun Monga held that the petitioner could not be made to face adverse consequences for inaction or...
Urdu Language Not Widely Known, 'Nikahnama' Should Also Contain Hindi/ English To Make It Comprehensible: Rajasthan High Court
In relation to Muslim marriages, Rajasthan High Court ruled that a sacred relationship like marriage had to be recognized by a document which was unambiguous, vividly clear, explicit and transparent, and should not be issued in a language like Urdu which was not widely known to a society, especially to public servants and officers of the Court.The bench of Justice Farjand Ali held that it...
Collecting Voice Samples Against Wish Of Accused Not Violative Of Right To Privacy, Right Against Self-Incrimination: Rajasthan High Court
Rajasthan High Court has ruled that Article 20(3) of the Constitution of India only states that accused could not be compelled to be a witness against himself and not that the accused could not be compelled to be a witness at all. Consequently, asking the accused to furnish his/her voice samples did not amount to self-incrimination when the incrimination was contingent on comparing that...