Rajasthan High Court
Fully Functional E-Prison Website Essential For Justice Dispensation: Rajasthan HC Asks DG Prisons, Others To Resolve Issues With Site
"The fully functional e-Prison website is essential for dispensation of justice and it not being in a right shape, is a cause of concern to the Court," said the Jodhpur bench of Rajasthan High Court expressing its concern while hearing a criminal writ petition on the issue. A division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman in its order highlighted that several...
Cutting Someone's Nose Causes Permanent Disfigurement, Affects Self Esteem And Brings Social Stigma: Rajasthan High Court Refuses Bail
Rajasthan High Court observed that the act of cutting someone's nose is a serious crime due to its physical, emotional and social implications. It held that nose is a crucial part of human body having both functional and cultural significance because in Indian culture, cutting off a person's nose was a form a punishment or revenge.The bench of Justice Rajendra Prakash Soni was hearing a...
"Nerve Shocking": Rajasthan High Court Takes Suo Moto Cognizance Of Widow Living Roadside With Children, Orders Protection
Rajasthan High Court has taken suo motu cognizance of a “nerve shocking, heartbreaking and society rocking” news report published in a regional daily, dated September 25, 2024, about the distressing situation of a widow living in a roadside tent with 4 minor children, including two daughters.The bench of Justice Anoop Kumar Dhand observed that poor implementation of laws and schemes...
S.193(9) BNSS Bars Further Investigation After Filing Of Police Report Without Permission Of Trial Court: Rajasthan High Court
Rajasthan High Court has clarified that in light of proviso to Section 193(9) of the Bharatiya Nagrik Suraksha Sanhita (“BNSS”), where the police has already filed the report following investigation against the prime accused, no further investigation can be carried out without the permission of the trial court.Section 193 talks about report of police office on completion of investigation...
Disciplinary Authority "Coerced" By Chief Vigilance Officer: Rajasthan High Court While Reversing SBI Branch Manager's Removal From Service
While quashing an order of the SBI's disciplinary authority removing a branch manager for alleged misconduct, the Rajasthan High Court observed that the authority altered its punishment from "lowering of scale" to "removal of service" on the advice and "coercion" by the concerned Chief Vigilance Officer (CVO). The court further observed that the disciplinary authority had "kneeled down"...
FIR For Offences Committed Before July 1 2024 To Be Lodged Under IPC Even After Enforcement Of BNS: Rajasthan High Court
The Rajasthan High Court has clarified that for a crime committed before July 1, 2024—the date when three new criminal laws came into effect—if an FIR is filed on or after July 1, the provisions/offences of the Indian Penal Code (IPC) will have to be invoked, and in such cases, the offences outlined in the Bharatiya Nyaya Sanhita (BNS) will not apply. The Court,...
Mere Filing Of FIR/Chargsheet Not Enough To Reject Candidature, Each Case Must Be Examined To Determine Involvement Of Moral Turpitude: Rajasthan HC
Setting aside the rejection of the candidature of a meritorious candidate for the post of a government teacher, the Rajasthan High Court has ruled that in the event of filing of a criminal complaint against the candidate, the Government is required to scrutinize the matter considering the facts involved to reach a decision, whether the act done by the candidate involved moral turpitude that...
'Cannot Be Taken Lightly': Rajasthan HC Takes Exception To Party's Concealment Of Coordinate Bench Order, Imposes ₹5 Lakh Cost
The Rajasthan High Court imposed a cost of Rs. 5 lakhs on a petitioner for concealing an order passed by a coordinate bench of the Court in the petitioner's other writ petition with similar prayers and filing the current petition in violation of the earlier order.The bench of Justice Dinesh Mehta was hearing a petition filed by the Indira Education Institute of Nursing seeking directions to...
Rajasthan HC Expands Scope of Section 95 BNSS To Include Telecom, Service Providers For Compelling Production Of Material Relevant To Trial
The Rajasthan High Court recently allowed a murder accused's plea under Section 94 BNSS by treating it as one filed under Section 95 BNSS, thereby expanding the provision's (Section 95) scope in the peculiar facts of the case and directed the trial court to obtain the call and location details of the witnesses in the case. For context section 94, BNSS provides that any court or officer in...
Can't Expect State To Immediately Inquire Into Removal Of Municipality's Members, Without Looking At Facts: Rajasthan High Court
The Jodhpur bench of the Rajasthan High Court recently observed that when several complaints are filed against elected representatives, then State cant be expected to immediately commence inquiry to remove members of a municipal authority under the Rajasthan Municipalities Act without ascertaining the facts first. In observing so, the high court said that the "fact finding exercise" conducted...
33 Years Later, Rajasthan High Court Sentences Husband To Life Imprisonment For Wife's Murder; Sets Aside Acquittal Order
While overturning a decision acquitting a man accused of murdering his first wife, the Rajasthan High Court observed that the trial court in its 1992 order had ignored the testimonies of the eyewitnesses due to minor contradictions as well as corroborative evidence, which was a patent error in law. The division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman in its order...
Rajasthan High Court Sets Aside Bail Cancellation, Proclamation Proceedings And Action Against Surety U/S 446 CrPC In Rash Driving Case
Reiterating that trial court's discretion to cancel bail must be preceded with a notice to the accused to defend themselves, the Jodhpur bench of the Rajasthan High Court recently set aside an order cancelling a man's bail which also declared him an "absconder" in a rash driving case. A single judge bench of Justice Arun Monga set aside a magisterial court's order which had further...