Availing Civil Remedy No Basis To Quash Criminal Proceedings When Facts Prima Facie Reveal Criminal Offence: Rajasthan High Court

The Rajasthan High Court (“the Court”) has reiterated that availing a civil remedy does not by itself become grounds to quash a criminal complaint filed concerning facts which not only make out a civil wrong but a criminal offence as well. The Court said:“Merely on account of the fact that complainant had a civil remedy as also has availed that remedy, the initiation of criminal...

Nature & Gravity Of Offence Taken Into Account While Considering Anticipatory Bail: Rajasthan High Court Denies Relief For Forging Pattas

Rajasthan High Court has denied anticipatory bail to the person charged under five different FIRs for forging “pattas” that were never actually issued by the Ajmer Development Authority and taking lakhs of rupees from complainants to distribute these fabricated pattas and documents.A bench of Justice Anoop Kumar Dhand said, “While considering an application for grant of anticipatory...

Commissioner Under Disabilities Act Cannot Stay Retirement Of Any Employee: Rajasthan High Court Reiterates

A bench of Justice Sameer Jain at the Rajasthan High Court has reiterated that the Commissioner under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 does not have the jurisdiction to pass an interim direction, putting a stay on the retirement of an employee.The Court was hearing a petition filed by the Rajasthan Public...

Repeated Representations Can't Be Made Basis To Approach Court When There Is No Subsisting Right: Rajasthan High Court

Rajasthan High Court has affirmed that if a subsisting right has come to an end on account of delay and laches, repeated representations could not be a basis to approach the court for seeking a direction to decide those representations, in absence of any subsisting right.As per the facts recorded by the Court, an auction for a property was held in 1972. The appellant was the winning bidder...

Long List Of Criminal Appeals Pending Hearing: Rajasthan HC Suspends Sentence Of Life Convict Who Served 10 Yrs, Cites Delay In Deciding Appeal

The Rajasthan High Court has suspended the sentence of an individual sentenced to life imprisonment for the offence of murder and released him on bail, pending his appeal in the case. The individual had filed an application under Section 389, CrPC, arguing that he had been in custody for more than 10 years and there was no likelihood of the appeal being taken up in the near future.Section...

Irregularity In Paying Travelling Allowance Does Not Impact Legality Of Employee's Transfer Order: Rajasthan High Court

A division bench led by Justice Pushpendra Singh Bhati of the Rajasthan High Court has held that the determination of the admissibility of travelling allowance shall not be construed as a non-curable defect in the transfer order of an employee.The Court was hearing an appeal filed by a government employee (appellant) who was transferred to another place without being paid the...

Candidates Can't Be Permitted To Amend Application Form Once Correction Window Expires: Rajasthan High Court Reiterates

“Candidature of a candidate can only be considered on the basis of the entries made by a candidate in his/her online/offline application form, including the correction/amendment made in such application form within the period allowed by the recruiting agency," the Rajasthan High Court said.Justice Ganesh Ram Meena reiterated that a candidate cannot be permitted to make correction/amendment...

No Absolute Protection For Govt Employees To Continue Service At Desired Location, Administrative Exigency Precedes Familial Convenience: Rajasthan High Court

The Rajasthan High Court (“the Court”) has reiterated that the scope of judicial review against transfer orders of government employees is minuscule. The Court observed that transfer being part and parcel of a transferable government job, government employees do not have fundamental protection to continue serving at a location of their liking.The bench of Justice Sameer Jain observed that...

S.451 CrPC | Seized Property Can't Be Allowed To Become Junk, Court Should Expeditiously Issue Custody Orders: Rajasthan High Court

The Rajasthan High Court has reiterated that power under Section 451 CrPC for custody and disposal of seized property produced before any criminal court during pendency of a trial, needs to be exercised expeditiously.A bench of Justice Anil Kumar Upman was hearing a petition challenging an order that had declined petitioner's prayer of releasing his car that was seized in relation to an...

Delaying Decision In Service Appeal For 7 Yrs Without Any Reason Amounts To Denial Of Justice: Rajasthan High Court

Rajasthan High Court has frowned upon the 7 years delay in deciding a service appeal by the appellate authority under the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958.“I am of the view that withholding a service appeal, without any reason, for as long as seven years, amounts to denial of justice on the ground of sheer delay,” said the bench of Justice...

Notice Of Pre-Election Disqualification Issued To Councillor Prior To Introduction Of S.39(e) Rajasthan Municipalities Act Not Valid: Rajasthan HC

Rajasthan High Court has ruled that Section 39(e) of the Rajasthan Municipalities Act 2009 which was inserted by way of an amendment dated April 13, 2024 to empower the State government to remove a member of a Municipality on grounds of pre-election disqualification, does not have a retrospective application.“The amendment was done on 13.04.2023 and there is nothing on record which shows...

Unreasoned Orders By Judicial/ Quasi-Judicial Authorities Violate Natural Justice: Rajasthan High Court Quashes Commercial Tax Assessment Order

The Rajasthan High Court has set aside an assessment order passed by the Commissioner, Commercial Taxes Department, Jaipur (“CCT”) under the Rajasthan Value Added Tax Act, 2003. The Court observed that the assessment order was unreasoned and was passed without any application of mind, violating the principles of natural justice.The assessee had filed his returns for the assessment...