Right To Dignity Under Article 21 Includes Being Able To Attend Once In A Lifetime Family Rituals Like Son's Wedding: Rajasthan High Court

Rajasthan High Court has ruled that Right to Life under Article 21 of the Constitution of India also includes Right to live with dignity that encompasses attending once in a lifetime family rituals like right of a father to attend son's marriage.The bench of Justice Arun Monga was hearing a petition filed on behalf of the accused who was in judicial custody for last 6 years on multiple FIRs...

Right To Travel Abroad Is A Basic Human Right, Denying Permission To Travel Due To Pending Dept Enquiry Violates Article 21: Rajasthan HC

Rajasthan High Court has affirmed that the pendency of departmental enquiry could not be a ground to deny permission to employees to travel abroad. Such rejection of permission amounted to a violation of the fundamental right to personal liberty under Article 21 of the Constitution which could not be taken away except in accordance with the procedure established by law.The bench of Justice...

Rajasthan HC Seeks Identity Of 'Intruder' Who Caused Chaos In Online Proceedings, Directs Admin To Modify VC System To Filter Participants

After an unwelcomed intruder interrupted the online open court proceedings by passing scathe and scurrilous comments, the Rajasthan High Court, asked the Registrar General and Registrar-cum-CPC to ascertain his identity and to explore possibilities of modifying the Webex Meeting System so that a person could not enter the online Court proceedings without the permission of the...

Right To Live With Dignity Includes Being Able To Fulfil Marital Vows Towards Spouse Taken During Saptapadi Ceremony: Rajasthan High Court

Rajasthan High Court has ruled that Article 21 includes the right to live with dignity as a human being which necessarily also entailed to act as a good husband in terms of marital vows taken during the saptapadi ceremony as per Hindu rituals.The bench of Justice Arun Monga was hearing a petition by the accused who was in judicial custody for last 2 years in relation to multiple FIRs for...

Rajasthan High Court Seeks BCI's Response On Plea Challenging Its Power To Extend Term Of State Bar Council Members Beyond Statutory Period

Rajasthan High Court sought reply from the Bar Council of India (“BCI”) in a petition challenging the amendment to Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rule, 2015 (“the Rules”) and thereby empowering itself to extend the term of elected members of State Bar Councils prescribed under Section 8 of the Advocates Act, 1961 (“the...

Father's Protest Petition Against Daughter-In-Law For Abetting Son's Suicide Not Ground To Deny Her Compassionate Appointment: Rajasthan HC

While rejecting petition filed by the father of a deceased government employee, the Rajasthan High Court ruled that pendency of a protest petition against a negative police report in a case of abetment to suicide filed against the wife of the deceased was not a sufficient ground to deny her compassionate appointment.The bench of Justice Mahendar Kumar Goyal was hearing two petitions. First...

Environment Protection Inseparable Part Of Right To Life Under Article 21: Rajasthan HC Initiates Suo Moto PIL On Encroachment Of Water Bodies

The Rajasthan High Court has taken suo motu cognizance of the rampant encroachments and illegal constructions on the riverbeds and many other water bodies terming it as direct violation of the Water (Prevention and Control of Pollution) Act 1974, and inaction on part of the government administration.Justice Anoop Kumar Dhand highlighted that conservation and protection of environment is...

Prior To 2015 Amendment Act, Non-Disclosure Of Information Per Se Not A Ground To Incur Disqualification U/S 12 Of Arbitration Act: Rajasthan High Court

The Rajasthan High Court Bench of Justices Pushpendra Singh Bhati and Munnuri Laxman held that under section 12 of the Arbitration Act after the amendment act of 2015, there is a specific reference of ineligibility in the circumstances referred under the Seventh Schedule. This means per se there is an ineligibility if there exists any circumstance, which is specifically referred to in the...

Withholding Retiral Benefits Due To Pending Criminal Case Unrelated To Employee's Official Duties Violates Right To Life: Rajasthan HC

Rajasthan High Court ruled that withholding retirement benefits of an employee only on the ground of pendency of criminal proceedings which had nothing to do with the official duties was unjustified and violative of right to life because these were the sources by which the employee arrange for their necessities post retirement.“The pension, gratuity and other retiral benefits are the...

Adverse Police Report Cannot Be A Ground For Refusing Parole: Rajasthan High Court

Rajasthan High Court has ruled that if the parole applicant did not suffer from any ineligibility for his/her release under Rule 16 of the Rajasthan Prisoners Release on Parole Rules, 2021 (the Rules), an adverse police report could not be a ground in itself for refusing the parole.The division bench of Justice Pushpendra Singh Bhati and Justice Manoj Kumar Garg observed that parole was a...

State Adding Seats Few Months After Onset Of Recruitment Process But Not Revising Eligibility Cut-Off Date Against 'Equal Opportunity': Rajasthan HC

In a matter concerning recruitment of compounders/ nurses in the AYUSH department, the Rajasthan High Court said that splitting the additional vacancies arising after commencement of the process, into "two fractions" in the guise of the relevant service rules, is illegal and violates the candidates fundamental rights. The high court further said that Rule 16 of Rajasthan Ayurvedic,...

Minor Survivor's Testimony Not Shaken Despite Lengthy Cross Examination: Rajasthan High Court Upholds 33 Yrs Old Attempt To Rape Conviction

The Jaipur bench of the Rajasthan High Court recently upheld a 33-year-old trial court order convicting a man for attempting to rape a minor girl, while noting that the girl's version of the incident had not been "shaken" even though she was subjected to lengthy cross-examination by the defence. In doing so the high court underscored that the girl's statement has to be seen in the light of...