[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...

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...