Rajasthan HC Protects Private Land Owners From JDA's Demolition Drive Amid Court Vacation, Cites "7 Sub-Rights" Under Article 300-A

Rajasthan High Court has granted protection to the private land owners by preventing the Jaipur Development Authority (“JDA”) from demolishing their properties as a part of an encroachment removal drive till the time their matter is considered by a regular bench after vacation.Vacation bench of Justice Ashok Kumar Jain was hearing a petition in relation to an order passed by a division...

Lok Adalats Don't Have Adjudicatory Powers: Rajasthan High Court Sets Aside Award Permitting Withdrawal Of Criminal Prosecution

Rajasthan High Court has reiterated that Lok Adalats do not have adjudicatory powers and hence order of a Lok Adalat allowing withdrawal of a criminal prosecution cannot be sustined.The bench of Justice Anil Kumar Upman was hearing petition seeking quashing of an order of the National Lok Adalat that allowed the assistant public prosecutor to withdraw the criminal prosecution in a criminal...

S.138 NI Act | Rajasthan High Court Permits Correction Of Date Of Presentation And Dishonour Of Cheque In Complaint Petition

Rajasthan High Court has allowed a petition seeking amendment in a complaint under Section 138 of the NI Act and affidavit annexed to correct the typographical errors in relation to the dates of presentation and dishonour of cheque.The Court relied upon the Supreme Court case of S.R. Sukumar v Sunaad Raghuram, in which it was held that even if there is no specific provision in CrPC to amend...

No Explanation For Delay Of 4-5 Yrs In Filing FIR: Rajasthan High Court Grants Bail To Rape Accused

Rajasthan High Court (“the Court”) has granted bail to an accused booked under the Indian Penal Code (IPC) and SC/ST (Prevention of Atrocity) Amendment Act 2015 (“Act”) in an alleged case of rape, on the ground that no plausible explanation was provided by the prosecutrix for delaying the filing of FIR by 4-5 years.The bench of Justice Kuldeep Mathur was hearing an appeal filed by...

NEET UG 2024 | Rajasthan HC Issues Notice To NTA, UOI On Candidate's Plea For Compensatory Marks Due To OMR Sheet Delay

The Rajasthan High Court today issued a notice to the National Testing Agency (NTA) and the Union of India (UOI) in response to a plea from a NEET UG 2024 candidate who moved the Court seeking compensatory marks over the loss of time due to a delay in allotment of the OMR sheet during the examination.In her petition, 19-year-old Tanuja Yadav states that the respondent/Testing agency failed...

Breach Of Rules Framed U/S 41 Rajasthan Forest Act Regarding Transit Of Forest Produce Is Non-Cognizable Offence: High Court Quashes FIR

Rajasthan High Court has reiterated that no FIR can be registered in relation to breach of Rules framed by the State government under Section 41 of the Rajasthan Forest Act, 1953 to regulate transit of forest produce.Section 42 of the Act prescribes punishment of upto six months imprisonment for breach of Rules. A bench of Justice Anil Kumar Upman relied on Mousam Khan v. State of Raj. &...

Cheque Dishonour | Former Directors Cannot Be Made Liable For Cheques Issued By Company After Their Resignations Were Accepted: Rajasthan HC

The Rajasthan High Court (“the Court”) has reiterated that after resignation, directions cannot be made liable for dishonour of cheques that were issued by the company pursuant to the resignation. It further stated that to prove that the accused was responsible for the day-to-day affairs of the company, as required under Section 141 of the NI Act, repetition of the wordings used in...

Setting Cut-Off Dates For Recruitment Is Strictly Within Domain Of Employer, Cannot Be Relaxed To Accommodate Anyone: Rajasthan High Court

The Rajasthan High Court (“the Court”) has reiterated that fixing a cut-off date for recruitment processes falls purely in the domain of the employer and such a cut-off date was uniform for all the applicants and could not be relaxed for certain participants. The Court said:“It is a settled position of the law that the setting and beholding of a cut-off date falls purely within the...

Police Acted Partially To Shield Real Culprits: Rajasthan High Court Grants Bail To NDPS Accused, Directs Further Investigation By Senior Officer

The Rajasthan High Court has granted bail to an accused under the NDPS Act upon noting that the investigation carried out by the investigating officer (IO) was biased in nature. The Court further directed for additional investigation to be carried out by another officer.“Fair trial and investigation are part of constitutional rights guaranteed under Articles 20 and 21 of the Constitution...

Rajasthan Civil Services (Pension) Rules 1996 | Family Of Govt Employee Who Died While On Duty Due To Heart Attack Entitled To Ex-Gratia Amount: High Court

The Rajasthan High Court (“the Court”) has reiterated that if a government servant dies while being on duty on account of heart failure, he is entitled to an ex-gratia amount under Rule 75 of the Rajasthan Civil Services (Pension) Rules, 1996 (“the Rules”). Rule 75 of the Rules provides for situations in which the family of a government servant who dies while on duty is entitled to...

Rajasthan Electricity (Duty) Act | Appellate Authority Can Pass Orders Incidental To Matter Before It Including Interim Orders Unless Prohibited: High Court

The Rajasthan High Court (“the Court”) has clarified that while deciding a matter, the appellate authority under the Rajasthan Electricity (Duty) Act 1962 (“the Act”) has the power to pass orders that are incidental to the matter including any interim orders. The Court said:“In our considered opinion, the view taken by the Appellate Authority is completely erroneous and unsustainable...

[NDPS Rules] Seizure Officers Must Collect Contraband Samples Separately From Each Bag: Rajasthan HC Grants Bail To Accused Booked For Possessing Over 1 Kg Heroin

The Rajasthan High Court (“the Court”) granted bail to an applicant who was booked under the NDPS Act for allegedly carrying over 1 Kg of heroin. The bench of Justice Anil Kumar Upman found that the samples of the contraband were not collected in accordance with the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 (“the Rules”).The...