No Exclusive & Conscious Possession Of Contraband: Rajasthan High Court Grants Bail To Woman Who Only Accompanied NDPS Accused In Same Car

Rajasthan High Court recently granted bail to a woman charged under the NDPS Act after she was found sitting with the primary accused in the car from which 77 Kg of contraband was recovered.The bench the of Justice Farjand Ali took into account the plea of the petitioner that she was not having exclusive and conscious possession of the contraband, and was merely accompanying the primary...

Condition Of Pre-Deposit U/S 148 Negotiable Instruments Act Can't Be Used To Jeopardise Convict's Right To Appeal: Rajasthan High Court

Rajasthan High Court has reiterated that Section 148 of the Negotiable Instruments Act should not be imposed in a situation where the condition of depositing 20% of the fine would amount to deprivation of the right of appeal of a person convicted under Section 138.Section 148, NI Act, provides that in an appeal by a convict of cheque dishonour, the Appellate court may order the appellant...

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case

Rajasthan High Court has allowed the bail application of an accused charged under Sections 420 and 406 IPC, on grounds of Section 480(6) BNSS, since the trial did not conclude within sixty days from the date fixed for taking evidence in the case and the accused was in custody for more than two years.Section 480(6) BNSS provides that in a case triable by a Magistrate, if the trial of the...

No Separate Suit Allowed For Seeking Cancellation Of Consent Decree Alleged To Be Based On Compromise Obtained By Fraud: Rajasthan HC

Rajasthan High Court has reiterated that despite Order 23, Rule 3A being a strong barrier to challenge the compromise decrees, if there was evidence of the compromise being obtained by deception or coercion, even though it cannot be pursued as an independent lawsuit, it could be brought within Section 151, CPC.Order 23, Rule 3A, CPC, lays down that no suit shall set aside a decree on the...

Election Tribunal's Discretion Under Rajasthan Panchayati Raj Rules To Appoint Commissioner For Recording Evidence Is Enabling: High Court

The Jodhpur bench of the Rajasthan High Court ruled that Rule 85 of the Rajasthan Panchayati Raj (Election) Rules, did not prohibit the Election Tribunal from appointing a Court Commissioner for examining a witness because the discretion provided in proviso (b) to the Rule made the provision enabling and not prohibitory.In doing so the court dismissed a plea moved against the election...

Rajasthan High Court Monthly Digest: October 2024

Citations: 2024 LiveLaw (Raj) 283 To 2024 LiveLaw (Raj) 327NOMINAL INDEXGajendra Singh Shekhawat v State of Rajasthan & Ors. 2024 LiveLaw (Raj) 283Goverdhan Kumar & Ors. v State of Rajasthan & Ors. and other related petitions 2024 LiveLaw (Raj) 284Hafeez & Ors. v State of Rajasthan 2024 LiveLaw (Raj) 285Satya Narayan v State of Rajasthan and other related petitions 2024...

[Rajasthan Service Rules] Strong Reason Needed To Deny Extra-Ordinary Leave Of Employee Who Secured Admission In B. Ed. Course, Deposited Fees: HC

Rajasthan High Court granted relief to the petitioner serving as a clerk in the office of the District and Sessions Judge whose application for extra-ordinary leave of two years for pursuing B.Ed. was rejected.Proviso to Rule 96 of the Rajasthan Service Rules, 1951 provides for provision of extra-ordinary leave for higher study for two years for such temporary/ permanent government servant...

Termination Without Due Process: Rajasthan High Court Directs Post-Retiral Benefits For Teacher Who Went On Unauthorised Leave Between 1995-1999

The Jodhpur bench of the Rajasthan High Court granted relief to a government teacher (“petitioner”) who went on unauthorized leave between 1995-1999, by directing that her termination due to willful absence, which was without due process of law, be treated as resignation and she be given post-retiral benefits for rendering 11 years of unblemished service.The bench of Justice Farjand Ali...

Aimless Firing Not Made Pointing To Any Person Is Not Attempt To Murder: Rajasthan High Court

Rajasthan High Court has ruled that aimless firing done at a shop with an intention to assault a particular person did not amount to attempt to murder when the intended target was not present at the place of the firing.The bench of Justice Birendra Kumar was hearing an appeal against framing of charges against the appellant for attempt to murder. As per the FIR, some unknown miscreants...

Rajasthan High Court Holds Arbitral Award To Be Patently Illegal Due To Concealment Of Material Facts, Violation Of HC Order

The Rajasthan High Court Bench of Justice Pankaj Bhandari and Justice Praveer Bhatnagar has held that it was the bounden duty of the respondent to apprise the Arbitral Tribunal about the dismissal of the writ petition. Non-disclosure of the same, tantamount to grave misconduct on part of the respondent. Additionally, the court observed that the use of the word 'however' does not mean...

Rajasthan High Court Refuses To Quash Cheque Bounce Case Against Man Who 'Avoided' Arrest For 12 Years

The Jaipur bench of the Rajasthan High Court rejected a man's quashing petition booked in a cheque bouncing case sought on the ground of compromise between parties, after noting that the plea was in effect a "review" of an earlier revision petition which had already been dismissed by the court last year. In doing so the high court refused to interfere with a coordinate bench's decision...

Cheque Bounce Cases Semi Criminal/Civil In Nature, Presence Of Accused In Hearing Not To Be Insisted Upon: Rajasthan High Court

The Jodhpur bench of the Rajasthan High Court has recently ruled that presence of accused particularly in cheque bouncing cases–which are semi-criminal/civil in nature, should not be ordinarily insisted upon, unless the trial court needs to either examine the accused or their statement is to be recorded.A single judge bench of Justice Arun Monga was hearing a quashing plea of a man booked...