Rajasthan High Court Seeks Bar's Views On Maintainability Of Revision Pleas Without Surrender After Conviction

The Rajasthan High Court has invited members of the Bar to submit their views on whether revision petition and plea for suspension of sentence moved by a convict, following dismissal of his appeal, is maintainable without surrendering first.Justice Anoop Kumar Dhand framed the following question, in a criminal revision petition filed before it:“Whether the criminal revision petition and...

Rajasthan High Court Imposes Cost On State For Re-Litigating Settled Issue Despite 2013 Order

Rajasthan High Court imposed a cost of Rs. 10,000 on the State to be given to the respondents, for repeatedly challenging an issue already settled in 2013, instead of giving effect to the decision of the court.The division bench of Justice Avneesh Jhingan and Justice Baljinder Singh Sandhu was hearing an intra court appeal filed against an order of the single judge passed in 2023 relying upon...

Habeas Corpus Plea Cannot Routinely Be Filed On Being Dissatisfied With Probe In Missing Persons Cases: Rajasthan High Court

While dismissing a habeas corpus writ petition, Rajasthan High Court held that the writ jurisdiction in the case of a missing person could not be invoked as a matter of routine to know the status of investigation or being dissatisfied with the manner of such investigation.The division bench of Justice Avneesh Jhingan and Justice Baljinder Singh Sandhu opined that the scope of Habeas Corpus...

Rajasthan Govt Defends In High Court Classification Of Transgender Persons As OBCs, Says Reservation Policy Falls In Executive Domain

Rajasthan government's Department of Social Justice and Empowerment has defended before the High Court its circular classifying transgender persons as Other Backward Classes (“OBCs”), instead of providing horizontal reservation to them.The government in its response to a plea challenging the January 12, 2023 circular has said that the domain of policy making, includes the reservation...

Rajasthan High Court Slams State For 'Plight' Of Home Guards; Ends Rotational System, Mandates Minimum Monthly Engagement With Benefits

In a landmark ruling, Rajasthan High Court granted relief to the home guard personnel of the State of Rajasthan, in their long drawn battle against the rotational system of engagement that restricted their maximum deployment period to 6-8 months, and no employment benefits.The bench of Justice Farjand Ali observed that being a welfare State, it should work towards the betterment of the...

'Dreams' Need Not Suffer For Procedure: Rajasthan High Court Slams ₹5 Lakh Forfeiture Of NEET Candidate Over A Day's Delay In Depositing Fee

Granting relief to a successful NEET candidate whose candidature was considered ineligible as he was late by 1 day in depositing fee, Rajasthan High Court slammed the forfeiture of Rs 5 Lakh security deposit by the Counselling Board terming it "unjust enrichment". The bench of Justice Sameer Jain opined that merely due to procedural irregularities or delays which could be condoned, the dreams...

[Arbitration Act] Limitation For Filing S.11 Application To Be Calculated From Date Of S.21 Notice, Not From Date Of Dispute: Rajasthan HC

The Rajasthan High Court, Jaipur Bench, has held that the limitation for filing a Section 11 application under the A&C Act would be calculated from the date of serving the Section 21 notice to the other side and not from the date when the cause of action had arisen. The bench of Justice Anoop Kumar Dhand was hearing a Section 11 application praying for the appointment of...

Rajasthan High Court Shocked At Death Penalty In Case With 'No Trace Of Evidence'; Acquits Man Accused Of Killing Siblings, Raping Sister

While answering the death reference in negative, Rajasthan High Court acquitted a man convicted for murder of two siblings and raping the sister.In doing so, a division bench of Justice Vinit Kumar Mathur and Justice Anuroop Singhi expressed its "astonishment" over trial court's decision of awarding death penalty to the appellant in a case wherein they struggled to find any trace of...

'No Parent Would Fatally Harm Their Child': Rajasthan High Court Converts Father's Murder Conviction To Culpable Homicide, Reduces Life Term

Rajasthan High Court converted a father's murder conviction for fatally hitting his son's neck with a sharp edged tool, to culpable homicide not amounting to murder and reduced sentence from life imprisonment to 7 years.The division bench of Justice Vinit Kumar Mathur and Justice Anuroop Singhi took into consideration the testimonies of prosecution witnesses including appellant's wife...

State Responsible To Set Up Trauma Centre, Art Institution For Pilgrims Welfare; Nathdwara Temple Board Can Only Help: Rajasthan High Court

Rajashtan High Court modified its order dated October 3, 2017, to the extent of shifting the responsibility of developing a Trauma Centre and National Level Institution to promote Indian Art, at Nathdwara, Rajasthan, from the Nathdwara Temple Board to State Government/functionaries, clarifying that the Board shall provide all assistance for the purpose.The matter related to a writ petition...

[Arbitration Act] S.11 Application Is Maintainable Even Without Notice U/S 21 If Other Party Is Aware Of Dispute: Rajasthan High Court

The Rajasthan High Court Jaipur Bench has held that a Section 11 petition under the A&C Act without issuing the notice invoking arbitration (“NIA”) u/s 21 of the A&C Act would be maintainable if the Respondents were aware of the dispute being referred to arbitration. The bench noted that the Respondents were well-versed in the dispute raised by the Petitioner. They could...

'Double Jeopardy': Rajasthan High Court Quashes Second Chargesheet Against Retd Govt Employee On Same Facts Despite Closure Of Earlier Case

Rajasthan High Court set aside a charge sheet issued against a retired employee for same charges in relation to which disciplinary proceedings were already dropped against him in 1991, followed by his acquittal from the Court of Special Judge, Prevention of Corruption Act, 1988 (“the Act”) in 2000.The bench of Justice Anoop Kumar Dhand held that in absence of any specific power to...