Rajasthan High Court Monthly Digest: September 2024

Citations: 2024 LiveLaw (Raj) 233 To 2024 LiveLaw (Raj) 282NOMINAL INDEXKusum Lata v the State of Rajasthan 2024 LiveLaw (Raj) 233Virendra Singh & Ors. v Rajasthan State Road Transport Corporation & Ors. 2024 LiveLaw (Raj) 234Babu Lal v State of Rajasthan 2024 LiveLaw (Raj) 235Poonam v State of Rajasthan & Ors. 2024 LiveLaw (Raj) 236Ganesh & Ors. v State of Rajasthan 2024...

Magistrate's Role U/S 145 CrPC To Ensure Public Peace, Not Settle Property Disputes Like Civil Court: Rajasthan High Court

The Rajasthan High Court has recently said that the role of the magistrate under Section 145 CrPC is to ensure public peace when there is a dispute over possession of property and order not to settle property disputes which are under the purview of civil courts. The court said this after noting that in the present case there were already civil proceedings ongoing between the parties before...

Intentional Insult, Intimidation Under SC/ST Act Must Be Made In Public: Rajasthan HC Sets Aside "Mechanical" Cognizance Order

While setting aside an order taking cognizance of an offence under Section 3(1)(x) SC/ST (Prevention of Atrocities) Act, the Rajasthan High Court said that the provision requires that the intentional insult or intimidation takes place in public in the presence of other people. In observing so, the high court said that in the present case, it was the complainant who had visited the...

'Complete Misuse Of Police Powers In Filing FIR': Rajasthan High Court Nixes Extortion Case By One Minor Girl Against Another

While quashing an FIR registered on the complaint of a 17-year-old girl alleging extortion by a 15-year-old girl, Jodhpur bench of the Rajasthan High Court questioned its registration without verification of basic facts, adding that the FIR indicated a complete abuse of police powers. A single-judge bench of Justice Arun Monga in its order observed:“It is rather unfathomable as to how at...

Assigning Mark/Exhibit To Document In Criminal Trial Is A Ministerial Function, Immaterial During Recording Evidence: Rajasthan High Court

Rajasthan High Court has ruled that the act of assigning an exhibit or a mark to a document was a ministerial function meant to identify the document presented before the Court, and such assignment is immaterial at the time of recording evidence.The bench of Justice Arun Monga held that even if a document was assigned an exhibit but later found not to be duly proved in accordance with law or...

Court's Discretion Under O.VII R.1A(3) CPC Must Be Exercised Carefully, Without Entering Issues To Be Addressed In Trial: Rajasthan HC

Rajasthan High Court affirmed that while exercising discretion under Order VIII Rule 1A(3), CPC, the Court cannot take into account the probative and evidentiary value of the document or even the admissibility or reliability of the same since these are considered and decided at the appropriate stage of civil proceedings.“Although, it is equally true that if the document, at the first...

Denying Arms License To Renowned Shooter Based On Family's Criminal Background Is Shocking, Violative Of Articles 14 And 21: Rajasthan HC

Rajasthan High Court expressed shock over the State Government's decision to deny an Arms license to a renowned shooter, who had won many laurels for the country, on the grounds that there was every likelihood of the petitioner ending up in criminal activities since her family was also involved in criminal offences.“In the opinion of this Court while deciding rights of a citizen...

[IPC 498A] Sister-In-Law Calling Brother's Wife To Her Home, Quarrelling Does Not Amount To Cruelty: Rajasthan HC Upholds Discharge Order

Rajasthan High Court affirmed a 22-year-old order of the Sessions Court to the effect that the act of a woman's sister-in-law calling her home and quarrelling does not amount to cruelty for dowry.The bench of Justice Arun Monga was hearing a petition against an order of the Sessions Court in which the accused was discharged from the alleged offence. Petitioner's daughter was married to...

Work Of Yoga Instructors Not Similar To AYUSH Nurses, Compounders: Rajasthan HC Denies Plea For Bonus Marks In Recruitment

The Jodhpur bench of the Rajasthan High Court has ruled that while Ayurveda and Yoga complement each other, they are not substitutes as both have their own roots and origins and distinct ways of operating towards the goal of purification of the body.A single judge bench of Justice Farjand Ali in its order said, "Ayurveda & Yoga complement each other but cannot substitute each other as...

[NDPS Act] Not Enough For Second Officer To Verbally State That SHO Authorised Search; Must Present Documentary Proof: Rajasthan HC

The Jodhpur bench of the Rajasthan High Court recently granted bail to three men in an NDPS Act case, after noting that the officer who had conducted the search and seizure did not have the documentary evidence to prove that he was legally authorised to conduct the search under the Act.In doing so, the high court, while referring to Sections 41 and 42 of the NDPS Act, said that certain...

"Family Ties Are Paramount, Courts Can't Perpetuate Discord": Rajasthan High Court While Quashing Cross FIRs Over Family Altercation

While quashing cross FIRs registered by family members against one another, Rajasthan High Court ruled that court's primary objective must be to strength family bonds and not to perpetuate discord among family members.The bench of Justice Arun Monga was hearing quashing petition in relation to cross-FIRs for criminal assault and causing hurt, filed by members of the same family owing to...

Seniority Of LDCs (Junior Assistant) In Panchayati Raj For Promotion Is Based On Merit, Not Appointment Date: Rajasthan High Court

Rajasthan High Court has ruled that while preparing the seniority list of the LDCs (Junior Assistants) appointed in the Panchayat Samities under the Rajasthan Panchayati Raj Act, 1994 (“Act”) and Rajasthan Panchayati Raj Rules, 1996 (“Rules”), merit position of the person should be considered and not the date of appointment when the person actually joined the duty.“if the date...