Rajasthan High Court
Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court
Finding that the entire series of events have nexus with each other and the action of petitioner (SHO) was done in discharge of his official duties, the Rajasthan High Court (Jodhpur Bench) held that the cognizance for offences under Sections 323 and 504 IPC, taken by the Judicial Magistrate against a public servant, posted as Station House Officer (SHO), is unsustainable in law, in absence...
Only Prima Facie Satisfaction Required U/s 124(1)(ii) Of Trademarks Act, Court Not Required To Access Sufficiency Of Evidence: Rajasthan High Court
The Rajasthan High Court bench of Justice Vinit Kumar Mathur held that the court is only required to prima facie under Section 124(1)(ii) of the Trademarks Act, 1999 to satisfy itself with respect to the pleadings taken in the written statement to the effect that the trademark of the plaintiff is invalid. It held that the court is not required to measure the sufficiency or insufficiency of...
Subjective Reasons For Order Of Compulsorily Retirement Should Be Recorded On Material Available On Employee's Service Record: Rajasthan High Court
The Rajasthan High Court bench of Justice Rekha Borana held that an order of compulsory retirement can very well be passed on the subjective satisfaction of the employer/ Government. However, it held that subjective satisfaction should have been recorded based on the material available on the employee's service record. The bench held that such orders can be interfered with if the same...
Crane Services To Transport Department Does Not Constitute Sale: Rajasthan High Court
The Rajasthan High Court, Jaipur Bench has held that crane services to the transport department does not constitute sale.The bench of Justice Sameer Jain has observed that the crane services provided by the respondent-assessee do not constitute sale as provided under Section 2(35)(iv) of the Rajasthan Value Added Tax Act, 2003 and hence, the order of the Tax Board does not call for...
Advocates Owe Duty To Court, Must Advise Clients Against Dishonest Practises Even If It Doesn't Align With Client's Desired Outcome: Rajasthan High Court
The Rajasthan High Court recently observed that an advocate should not blindly follow the instructions of clients if they are unethical, illegal, or contrary to the principles of justice.The said observation was made by the single judge bench of Justice Anil Kumar Upman while hearing a miscellaneous petition under Section 482 of CrPC seeking quashing of an FIR for offences under Sections...
Rajasthan High Court Dismisses Petition Challenging GST Demand On Exhibition Services
The Jaipur Bench of the Rajasthan High Court has dismissed the petition challenging the GST demand on exhibition services.The bench of Justice Pankaj Bhandari and Justice Shubha Mehta did not find any reason to entertain the writ petition as the services received outside India are already taxable at the hands of the receiver of services, who is a registered person in taxable territory,...
'People Can't Take Law In Their Hands': Rajasthan High Court Denies Bail To Three Accused Of Lynching Rape Accused
Rajasthan High Court has denied bail to three persons accused of lynching a man booked earlier for raping the minor daughter of one among them. While denying the bail, the court emphasized that the FIR lodged by the police against the deceased Rohit for rape cannot be used as a shield by the appellants/accused for the purpose of bail in lynching.The single-judge bench of Justice Anil Kumar...
Overstaying Temporary Parole Period Not Bar For Grant Of Permanent Parole Under Rule 14(C) Of Prisoners Rules: Rajasthan High Court
Rajasthan High Court has recently held that overstaying the temporary parole period cannot be imposed as a bar on availing permanent parole under Rule 14(c) of Rajasthan Prisoners (Release On Parole) Rules, 1958.The Division Bench of Justices Inderjeet Singh and Ashutosh Kumar observed that overstaying the parole period cannot be equated with the restrictions contained in Rule 14(c) of the...
Magistrate's Power U/S 256 CrPC To Be Used Sparingly, Not For 'Statistical Purposes Of Removing Docket From Rack': Rajasthan High Court
Rajasthan High Court has recently discussed in detail the powers of a Magistrate under Section 256 Cr.P.C, which should be used judiciously and based on a definite conclusion that the complainant no longer wants to prosecute the accused. The court added that such power shouldn't be used 'whimsically' and 'mechanically' for statistical purposes like 'removing a docket from the rack'....
Magistrate & Sessions Courts Taking Part Cognizance Against Same Accused For Different Offences Not Permissible: Rajasthan High Court
Rajasthan High Court has held that cognizance can't be taken twice by separate courts for different offenses against the same accused.The single-judge bench of Justice Anoop Kumar Dhand noted that the act of Additional Sessions Judge who took fresh cognizance against the petitioner Nos.1 to 3 under Sections 307 and 148 of I.P.C, in addition to the offenses falling under Sections 323, 341,...
MP High Court Directs Police To Consider Congress Leader's Complaint Against Minister Kailash Vijayvargiya For Posting Alleged Fake Communal Video
Madhya Pradesh High Court has recently directed the Station House Officer of Tilaknagar Police Station to take appropriate action in the complaint made by Congress Spokesperson Aminul Khan Suri against BJP Minister Kailash Vijayvargiya. The complaint pertains to Vijayvargiya allegedly sharing a false video on X (formerly known as Twitter) to incite the communal riots that erupted in...
State's Duty To Protect Temple's Rights; Compensation For Land Acquisition To Be Deposited With Devasthan Dept, Not Trustee: Rajasthan High Court
Rajasthan High Court has recently clarified that compensation in lieu of the acquisition of Temple's land should be deposited in the account of the Commissioner, Devasthan Department. Since the state has the duty to protect and safeguard the rights of the temple and the Commissioner is deemed to be a Treasurer of the charitable endowments, the Devasthan Department is entitled to...