Person In Physical Possession Of Bearer Cheque Is Deemed To Be Its Beneficiary Owner, Unless Proved Otherwise: Rajasthan HC Quashes Cheating FIR

The Jodhpur bench of the Rajasthan High Court has quashed an FIR against three people booked for cheating and forgery, after the complainant claimed that the former wrongfully used a blank signed cheque that was given to his money-lender as security, and passed it to someone else by filling in a fake value.A single judge bench of Justice Arun Monga ruled that "bearer cheques are...

Rajasthan HC Orders Railway To Release Family Pension To Widow Despite Omission In Nomination Form Of "Barely Literate" Husband, Imposes ₹1L Cost

Irrespective of not appearing in the nomination form for the insurance scheme, Rajasthan High Court directed Department of Railway to grant family pension to the 'illiterate' widow and daughters of a deceased employee, observing that the substantive right of a citizen could not be denied on account of procedural lapses especially where the aggrieved was an illiterate.“It is a settled...

HC Takes Suo Moto Cognizance Of Report On Proposed Cutting Of 1.19 Lakh Trees Near Kuno National Park, Reiterates Fundamental Right To Clean Environment

The division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman at the Rajasthan High Court, on October 9, 2024, took suo moto cognizance of a report published by the daily newspapers Dainik Bhasker and Rajasthan Patrika reporting a proposal of cutting down 1.19 lakh trees near the Kuno National Park for establishing a pumped storage project the Baran district.Based on...

"Caste-Based Discrimination": Rajasthan High Court Quashes FIR Against Woman For Entering Temple, Says It Isn't Trustees' Personal Property

Rajasthan High Court quashed the FIR filed against a woman from a marginalized community for the alleged offence of creating chaos at the Mahakaleshwar Mahadev Ji Siddh Dham temple by trying to forcibly cut open the lock of the temple and enter forcefully.The bench of Justice Arun Monga observed that in the background of no evidence showing criminal intent on the part of the petitioner for...

Rajasthan High Court Quarterly Digest: July - September, 2024

Citations: 2024 LiveLaw (Raj) 137 To 2024 LiveLaw (Raj) 282Orders/JudgmentsS.138 NI Act | Rajasthan High Court Permits Correction Of Date Of Presentation And Dishonour Of Cheque In Complaint PetitionTitle: Mahaveer Prasad Suman v Lalit Mohan SharmaCitation: 2024 LiveLaw (Raj) 137Rajasthan High Court allowed a petition seeking amendment in a complaint under Section 138 of the NI Act and...

Rajasthan High Court Lifts Stay On Release Of Alia Bhatt Starrer 'Jigra' Over Trademark Dispute

The Jodhpur bench of the Rajasthan High Court in an interim order on Thursday (October 10) lifted a stay imposed by a commercial court, temporarily restraining the release of Alia Bhatt's starer “Jigra”, scheduled for Friday (October 11). A division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman in its interim order said, "As an ad interim measure, the effect and...

Weekly, National Holidays Not Excluded From Length Of Work Experience: Rajasthan HC Reiterates In Lab Technician's Case Seeking Bonus Marks

Dismissing a plea against an order asking the State to consider awarding a female lab technician "bonus marks" as per her actual work experience without excluding Sundays/National Holidays, the Jodhpur bench of the Rajasthan High Court reiterated that as long as a Laboratory Technician/Assistant works in the lab, the "experience" obtained by them must be counted. In doing so, the division...

Rajasthan High Court Quashes Recovery Case Against Govt Employee Receiving 'Excess' Salary For 30 Years, Says Mistake Made By Department

The Jodhpur bench of the Rajasthan High Court quashed a recovery order issued by the state's finance department against a government employee who was receiving excess salary on account of an error on the department's part for almost 30 years.In doing so, high court observed that the employee did not mislead the department to get a higher pay and in fact the mistake was made by the...

Labour Hired For Loading Is Owner's Authorized Representative, Even In Absence Of Goods On Return Journey: Rajasthan HC Gives Redress Under MV Act

Enhancing the compensation awarded in a motor accident claim by Rs. 1 Lakh, the Rajasthan High Court affirmed the liability of the Insurance Company in a case where the deceased was hired to load and unload the goods from a vehicle but when the vehicle was returning after unloading the goods, it met with an accident.A single judge bench of Justice Nupur Bhati ruled that a labourer hired...

Due Date For Employer To Deposit Employee's Contribution To PF Not Governed By S.43B Income Tax Act: Rajasthan HC Reiterates

The Rajasthan High Court has reiterated that share of the employee in the provident fund deducted by the employer, has to be deposited as per the due date fixed by the EPF Act and ESI Act, and not as per Section 43B of the Income Tax Act, 1961. The Scheme framed under Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act) provides that employee's contribution shall...

Accused Can Refuse To Give Blood Sample After Court Orders DNA Profiling In Rape Case: Rajasthan High Court

The Rajasthan High Court has ruled that a judicial order permitting DNA profiling of an accused in a rape case does not by itself violate the constitutional protection against self-incrimination under Article 20(3), because even after passing of such an order by the court, the choice would lie with the accused to refuse giving his blood sample.Single-judge bench of Justice Arun...

[S.419(4) BNSS] Only If Complainant Is Not 'Victim' Of Crime, Leave To Appeal Against Acquittal Is Required: Rajasthan High Court

Rajasthan High Court has clarified that in cases where the complainant is a 'victim' of crime, as defined under Section 2(y) of BNSS, s/he is not required to prefer an application before the High Court seeking leave to appeal against acquittal, as is provided under Section 419(4) of BNSS.Section 419(4), BNSS, provides that in a situation where an acquittal order is passed in a case,...