Scope Of Interference With Acquittal Order Very Limited, Can Be Reversed Only If It Demonstrates Perversity, Error Of Law: Rajasthan High Court

The Rajasthan High Court has made it clear that the scope of interference with an acquittal order passed by the Trial Court in criminal proceedings is very limited.“...if the impugned judgment of the learned Trial Court demonstrates a legally plausible view, mere possibility of a contrary view shall not justify the reversal of acquittal…” observed a division bench of Justice...

After 30 Yrs Since Appeal, Rajasthan High Court Reduces Sentence In Kidnapping Case To 5 Days Citing Delay In Proceedings

The Rajasthan High Court has reduced the sentence in a Kidnapping case of 1992, citing 30 years delay in deciding the convict's appeal.A bench of Justice Manoj Kumar Garg said the appellant-convict had "suffered mental agony and trauma of protracted trial" and thus reduced the sentence of 2 years rigorous imprisonment to the period already undergone, i.e. 5 days.A case was registered against...

[Rajasthan Municipalities Act, 2009] No Bar On Directly Approaching Civil Court Without Availing Remedy Under The Act: Rajasthan High Court

A bench of Justice Birendra Kumar at the Rajasthan High Court (“the Court”) dismissed a revision petition filed against an order of a trial court wherein the trial court refused to reject the plaint under Order VII Rule 11 of CPC.The petition was filed on the ground of existence of an alternative remedy under the Rajasthan Municipalities Act, 2009 (“the Act”) but the Court decided...

Rajasthan High Court Rejects Plea Challenging Age Criteria For Civil Judge Recruitment

The Rajasthan High Court has dismissed a petition challenging the Civil Judge recruitment process so far as the upper age limit to appear in the exam is concerned.The challenge was thrown by an aspirant who had crossed the threshold age. It was his argument that the prescription was contrary to the Rajasthan Judicial Services Rules, 2010, whose object was to enable those candidates, who...

Rajasthan High Court Sets Aside Trial Court's Ad-Interim Order Due To Earlier Contradictory Order In Another Matter Pending Between Same Parties

A bench of Justice Madan Gopal Vyas at the Rajasthan High Court (“the Court”) quashed an order of a trial court for passing a contradictory ad-interim order over another ad-interim order passed by it in the same matter. The Court observed the following:“This Court finds that the impugned order passed by the learned trial court is wholly without application of mind. The learned trial...

Rajasthan High Court Sets Aside Transfer Orders Of 198 Panchayat Officials, Issues Guidelines For Autonomy Of Local Self-Governing Bodies

In a notable decision, the Rajasthan High Court halted the transfer orders of numerous Panchayat officials, citing serious breaches of statutory provisions under the Rajasthan Panchayati Raj Act, 1994, and its related rules.The Court has issued guidelines for the transfer of Panchayat officials of various ranks, emphasizing the importance of local bodies' autonomy and the need to...

Public Prosecutor Has No Authority To Request Trial Court To Discharge Accused Once Application U/S 321 CrPC Is Rejected: Rajasthan High Court

The Rajasthan High Court held that the Public Prosecutor is duty-bound to prosecute the accused and open the case for prosecution once the application for withdrawal of prosecution against the accused under Section 321 Cr.PC is rejected by the concerned Court.The High Court Bench of Justice Anoop Kumar Dhand was hearing Criminal Revision Petitions filed by the Accused/Petitioners and by the...

Rajasthan High Court Declines To Quash FIR Against Medical Officials Allegedly Involved In Illegal Kidney Transplantation At Jaipur's Fortis Hospital

The Rajasthan High Court has dismissed a criminal miscellaneous petition seeking to quash a First Information Report (FIR) related to an international racket involving illegal kidney transplantation at Fortis Hospital, Jaipur.Dr. Jyoti Bansal and Dr. Jitendra Goswami, both serving as medical officers at Fortis Hospital in Jaipur, were named in an FIR filed under Sections 420, 419, 471, and...

Rajasthan High Court Modifies Attempted Rape Conviction To Outraging Modesty

A single bench led by Justice Anoop Kumar Dhand of the Rajasthan High Court has granted relief to a man who was convicted of attempted rape by altering charges against him, noting that removing the girl's innerwear and undressing himself did not amount to an attempt to rape. [Suwalal Vs State of Rajasthan]Background:The complaint was filed by the grandfather of the 6-year-old girl. The...

Co-Accused Can't Claim Parity As Matter Of Right Just Because Other Accused Has Illegally Obtained Bail By Concealing Material Fact: Rajasthan HC

Finding that the accused had suppressed the material facts & evidence against her and has committed an act of misrepresentation for getting the order of bail, when the 'evidence of last seen' was there against her along with other co-accused persons, the Rajasthan High Court (Jaipur Bench) held that the accused has deliberately attempted to pollute the stream of justice and...

Art 226 Can't Be Invoked While Exercising Supervisory Jurisdiction Under Art 227 In Matter Of Dispute Between Private Parties: Rajasthan HC

Referring to the decision of Apex Court in the case of Radhey Shyam & Another Vs. Chhabi Nath & Others, (2015) 5 SCC 423, the Rajasthan High Court (Jaipur Bench) held that jurisdiction under Article 226 of the Constitution can't be invoked while exercising supervisory jurisdiction in the matter of dispute between the private parties. The Division Bench of Chief Justice...

Earth Is Priceless, No Plan(et) B: Rajasthan HC Takes Suo Moto Cognizance Of Climate Change, Tells Govt To Enact Laws To Prevent Deaths From Heatwaves

The Rajasthan High Court has taken suo moto cognizance of the incessant occurrence of heatwaves across India during the summer season, due to climate change.The bench of Justice Anoop Kumar Dhand at the Rajasthan High Court has passed various directions, as interim measures, for the Central and State Governments to deal with the emergent deadly impact of the soaring 50 degrees...