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,...

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...