Rajasthan HC Upholds 33-Year-Old Conviction For Culpable Homicide Not Murder But Orders Release Of Convicts Citing Their "Long Ordeal"

While upholding a 33-year-old order convicting four men for culpable homicide not amounting to murder, the Jaipur bench of the Rajasthan High Court reduced their seven year sentence to period already undergone in prison observing that they had to pass through a long ordeal both mentally and financially. A single judge bench of Justice Anoop Kumar Dhand in its September 19 judgment said,...

[Land Revenue Act] Recovery Was Initiated Without Any Order Recalling Subsidy For Being Wrongly Granted: Rajasthan HC Sets Aside Proceedings

Rajasthan High Court set aside a recovery notice issued by the State Government under the Land Revenue Act to the petitioner for recovering the amount of wrongly issued subsidy observing that the recovery proceedings were initiated directly without there being any order passed for recalling the subsidy, solely based on the objection raised by the auditors towards granting of the subsidy.The...

Can ST Women Without Dissolution Decree Be Considered Under ST (Divorcee) Category For Public Employment: Rajasthan HC Refers To Larger Bench

Faced with a situation of two conflicting decisions by two division benches, the single bench of Justice Anoop Kumar Dhand at the Rajasthan High Court has referred the question of whether a Scheduled Tribe woman can be considered for appointment for a government post under the divorcee category without having decree of dissolution from the competent court before the last date of submission of...

Sanctioning Authority Must Record Findings Based On Attending Circumstances To Prove Employee's Misconduct: Rajasthan High Court

Rajasthan High Court has ruled that to exercise the powers under Rule 170 of the Rajasthan Services Rules, 1950, (“the Rules”) the punishing authority cannot merely rely upon the findings of the enquiry officer but is obliged to record a finding clearly mentioning the circumstances that led to his/her satisfaction that the act of the accused constituted grave misconduct or...

Suppressing Pending Criminal Case Ground To Deny Employment Irrespective Of Gravity Of Charges: Rajasthan High Court

Rajasthan High Court denied relief to a rejected candidate for the post of a primary school teacher (“petitioner”) on the grounds of not disclosing the fact of a pending criminal case against him in the application form as well as filing a false self-declaration form to that effect.The bench of Justice Vinit Kumar Mathur held that the seriousness of the offence for which the petitioner...

Rajasthan HC Quashes Censure Order Against Govt School Teacher For Substandard Class 8 Results, Finds No Specific Allegation Against Him

Granting relief to a government school teacher, the Jaipur bench of the Rajasthan High Court set aside an order of censure passed against him over the result of Class 8 Board Examination in the concerned school being below the standard set by Department of Education.For context, an Order of Censure is a formal act by the government to communicate that a public servant has been guilty of...

Trial Courts Not Mentioning Date Of Arrest Of Accused In Bail Order A "Significant Oversight": Rajasthan High Court

Rajasthan High Court has criticized a "commonly observed" practice of Trial Courts in not mentioning the date of arrest of the accused while deciding the fate of their bail applications.In the case at hand, bench of Justice Rajendra Prakash Soni was dealing with an order rejecting bail of the petitioners in an NDPS case, opining it as being passed in a causal manner for not mentioning the date...

Deadly Weapons Not Necessary To Commit Murder: Rajasthan HC Rejects Bail Of Accused Who Fatally Injured Deceased Using 'Safety Shoes'

Rajasthan High Court has ruled that it is not always necessary for the accused to use a deadly weapon or to attack upon the vital body parts like the head, to commit murder, While dismissing the bail application for a murder accused, it was observed that even safety shoes, when used as a weapon, can significantly increase the potential for inflicting serious or fatal injuries.The bench of...

Rajasthan High Court Declines Anticipatory Bail Plea Of Teacher Accused Of Forging Records, Says He Was 'Trusted To Act Honestly'

Rajasthan High Court dismissed the anticipatory bail application of a government teacher (“petitioner”) who was accused of creating fake documents and observed that irrespective of the fact that the documents did not fetch any direct advantage to the petitioner or seemed harmful, the act in itself was considered as an offence since the intent to deceive was enough to establish the...

Rajasthan High Court Grants Bail To Husband Noting That His Extra-Marital Affair Would 'Per Se' Not Attract Abetment Of Wife's Suicide

While granting bail to a man accused of abetting his wife's suicide, the Rajasthan High Court recently observed that solely because a husband was involved in an extra-marital relationship and there was some suspicion in the wife's mind, cannot be regarded as abetment under Section 306 IPC. After considering the facts of the case, a single judge bench of Justice Rajendra Prakash Soni said,...

Mere Failure To Repay Loan Not Cheating Or Criminal Breach Of Trust: Rajasthan High Court Reiterates

Rajasthan High Court has reiterated that no criminal case for breach of trust (Section 405, IPC) and/or cheating (Section 415, IPC) lies against someone who failed to repay loan amount, in absence of any other fact for attracting the offences.The bench of Justice Rajendra Prakash Soni was hearing a quashing petition filed by the accused charged under Sections 405 and 415, IPC, pursuant to an...

'Unjust Inclusion In Chargesheet': Rajasthan HC Quashes Corruption Case Against Development Officer's 100 Yrs Old Father, 96 Yrs Old Mother

The Rajasthan High Court recently quashed a decade old charge under the Prevention of Corruption Act against a man's 100-year-old father, 96-year-old mother and wife after noting that no significant evidence had been brought out against them by the prosecution in last 10 years, and that they were included in the charge sheet in an unjust manner. Taking note of the parents old age, single bench...