Persons With Disabilities Should Not Be Deprived From Public Employment Despite Being Eligible & Meritorious On Hyper-Technical Grounds: Rajasthan HC

Rajasthan High Court has ruled that the intention behind enacting the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (“1995 Act”), and the Rights of Persons with Disabilities Act, 2016 (“2016 Act”) was to ensure full participation of people with disabilities (“PWDs”) in public employment and all-round efforts were needed...

Leniency Towards Habitual Offenders Diminishes Effect Of Legal Sanctions: Rajasthan HC Rejects Bail Of Journalist Booked For Blackmail, Extortion

Rajasthan High Court has denied bail to a habitual offender, who was alleged to have misused his name as a journalist by threatening innocent people with reputational harm and business disruption to illegally extort money from them by blackmailing.The bench of Justice Rajendra Prakash Soni observed that in such cases victims often did not come forward to file an FIR since they fear...

Compromise In Rape Cases Involving Minors Has No Legal Value, State Has Duty To Prosecute Accused With Full Rigour: Rajasthan High Court

Rajasthan High Court has held that in a case of rape involving a minor girl, a compromise arrived at by the accused with the victim girl and her parents has no legal value and cannot be given effect since such compromises are often laced with coercion, undue influence or even financial incentives.“Such compromises often reflect coercion or undue influence rather than a genuine...

Rajasthan High Court Grants Custody Of 2-Yr-Old Child To Widow Who Was Accused Of Abetting Husband's Suicide By In-Laws

Rajasthan High Court allowed a habeas corpus petition filed in relation to a 2-year-old by a widowed mother, accused of abetting the suicide of her husband by in-laws.The division bench of Justice Inderjeet Singh and Justice Bhuwan Goyal ruled that mother being the natural guardian and in sound financial position as opposed to the respondent-grandparents was entitled to the child's custody....

Lok Adalat Promotes Social Harmony, Its Award Can't Be Challenged On Technical Grounds Unless Fraud Or Mischief Established: Rajasthan HC

Rajasthan High Court has ruled that the validity of awards passed by National Lok Adalat cannot be challenged only on technical count, unless it is established on record that any fraud or mischief was involved.“It is clear that the award passed by the Lok Adalat shall be final and the same cannot be assailed in a routine manner, before the Writ Court unless allegation of fraud are there...

Separating 7-Yr-Old From Mother & Handing Over To Father Settled In Dubai Not In Child's Best Interest Irrespective Of Father's Finances: Rajasthan HC

The Rajasthan High Court has ruled that the far better financial condition of a father cannot be the decisive factor in affirming that the child's welfare would be best assured if the minor's custody was handed over to the father.The division bench of Chief Justice Manindra Mohan Shrivastava and Justice Shubha Mehta was hearing a habeas corpus petition filed by a father who was alleging...

Mere Transcripts Not Proof Of Voice In Tape-Records: Rajasthan High Court Reiterates

The Rajasthan High Court has reiterated that mere transcript of a tape record is not proof that the voice so recorded is of the accused.The bench of Justice Birendra Kumar referred to the Apex Court decision in Ziyauddin Burhanuddin Bukhari v Brijmohan Ramdass Mehra & Ors. where it was held that the tape records of speeches fall under the category of “Documents” under the Indian...

Rajasthan HC Requests Counsel To Bear Delivery Expenses Of Pregnant Minor Rape Victim Upon State Govt's Denial To Provide Funds

In a case involving a minor victim of rape, a bench of Justice Dinesh Mehta at the Rajasthan High Court requested the advocate appearing for the pregnant minor to bear all expenses relating to her delivery while hearing a petition filed by the minor's father seeking a direction to the State to bear expenses upon their denial to do so.The Court in turn requested Adv. Shreyansh Mardia to bear...

Criminal Justice System Extends Beyond Punishment, Focused On Reformation: Rajasthan HC Orders Release Of Poor Convicts On Probation Without Deposit

Rajasthan High Court has highlighted the importance of reformative justice and observed that apart from punishing and deterring against crime, principles and objectives of criminal law are also focused on reformation of offenders, rooted in the concept of probation.“Modern criminal Justice system often aims to balance punishment with rehabilitation, emphasizing the potential for positive...

Rajasthan High Court Issues Notice On Plea Challenging Appointment Of Padmesh Mishra As AAG For State In SC

The Rajasthan High Court has recently issued notice to the government of Rajasthan on a petition filed by an advocate, challenging the appointment of Padmesh Mishra as Additional Advocate General (“AAG”) for the state of Rajasthan at the Supreme Court.A bench of Justice Anil Kumar Upman heard the plea.Padmesh Mishra is the son of Justice PK Mishra, Judge of the Supreme Court.The...

NGO Approved By State Functionaries And Receiving Subsidy Under Govt Policy Cannot Be Considered “State”: Rajasthan High Court

Rajasthan High Court has held that an NGO that was approved by the functionaries of the State and was given subsidy under a government scheme cannot be considered “State”. The division bench of Justice Pankaj Bhandari and Justice Praveer Bhatnagar was hearing a petition filed by an employee of the NGO against her termination order.It was the case of the petitioner, that she was appointed...

No Absolute Estoppel From Raising Dispute Even If 'No-Claim' Or 'Discharge Certificate' Was Signed: Rajasthan High Court

Rajasthan High Court has reaffirmed that there cannot be an absolute rule of estoppel wherein one is not allowed to raise a dispute even after he/she had signed a no claim or discharge certificate, and each case should be looked into on its own facts and circumstances.The bench of Justice Sudesh Bansal was hearing an application for the appointment of an arbitrator filed against Rajasthan...