Rajasthan High Court
Personal Liberty: Rajasthan HC Converts NBW Into Bailable, Says Arrest Order Can't Be Passed Mechanically For Mere Production In Court
Rajasthan High Court recently modified a trial court order issuing non-bailable warrants against an individual accused in a dowry complaint on their failure to appear before the court, irrespective of the fact that a negative final report was filed by the investigation officer in the case.The bench of Justice Arun Monga observed that personal liberty of a citizen could not be taken so lightly...
Drug Smuggling | 'NCB & State Police Embroiled In Conflict To Attribute Criminal Liability To Each Other': Rajasthan HC Transfers Case To CBI
The Rajasthan High Court took up a peculiar case concerning drug smuggling wherein the Narcotics Control Bureau (“NCB”) and the Rajasthan State Police were accusing each other's officials of being involved with an accused in the case and had filed counter cases against one another. Due to the complexity of the matter, Justice Arun Monga directed the investigation to be transferred to...
Rajasthan High Court Appreciates Child's Gesture Towards Bench Mediating His Custody Conflict, Calls It 'Symbol Of Strength Of Mediation Law'
The Rajasthan High Court while hearing the custody case of a 6-year-old was gifted flowers and a hand-crafted pen stand by the child as a symbol of appreciation for the mediation sessions held with him. While acknowledging the gesture of the boy, a division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman said:“This Court acknowledges and appreciates the creativity...
Non-Compliance With CrPC, NDPS Act Cannot Be Argued At Stage Of Bail In International Drug Smuggling Cases: Rajasthan High Court
The Rajasthan High Court has denied bail to an individual booked under the Narcotic Drugs & Psychotropic Substances Act (NDPS) for allegedly being involved in an attempt to smuggle drugs from Pakistan. The Court held that non-compliance with provisions under the NDPS Act or CrPC cannot be argued at the stage of bail in a case of international smuggling of contraband."On perusal of record,...
Mines & Minerals Act | Vehicle Can Be Released On Furnishing Bond Of Amount Equal To Present Value If Confiscation Proceedings Aren't Initiated: Rajasthan HC
The Rajasthan High Court laid down rules for the release of vehicles that have been seized under the Mines and Minerals (Development and Regulation) Act, 1957 (“MMDR Act”). The Court held that if confiscation proceedings get initiated under the Act, then the vehicle(s) in question can be released only on payment of the penalty amount and the compounding fees. However, if no such...
Affiliation Cancelled After Completion Of Course: Rajasthan HC Directs Nursing Council To Register Students Whose College's Affiliation Was Rejected
Rajasthan High Court has granted relief to the graduates of Tirupati College of Nursing (“College”) who were denied registration by the Rajasthan Nursing Council (“RNC”) on account of the affiliation of their college, the Tirupati College of Nursing being canceled by the RNC for want of requisite NOC from the State Government.The Court directed that the students had taken admission in...
Arbitral Tribunal First To Adjudge Non-Arbitrability Of Dispute And Ground Of Res-Judicata, Courts Can Have Second Look After Award: Rajasthan HC
The bench of Justice Nupur Bhati at the Rajasthan High Court accepted an application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator and observed that the issue of non-arbitrability of a dispute under an arbitration agreement falls under the domain of the arbitral tribunal in the first instance and the courts have the power to...
Granting Bonus Marks In Recruitment Of Certain Govt Posts Pure Policy Decision, Not Discriminatory If Not Granted For All Posts: Rajasthan HC
Rajasthan High Court has dismissed a petition filed with the prayer to direct the Government to grant 30% bonus marks for appointment on the post of Medical Officer (Dental), since such bonus marking was done by the Government for various other posts.The Court held that prescribing eligibility conditions including bonus marking was purely a policy decision falling within the domain of the...
Negligent Conduct, Caused 19-Yr Delay: Rajasthan High Court Dismisses Plea Against Ex-Parte Decree In Recovery Suit Due To Non-Appearance
Noting the "negligent conduct" of a man in delaying the trial of a recovery suit by almost 19 years, the Rajasthan High Court recently dismissed his plea for setting aside an ex-parte decree which was passed due to his non-appearance in the suit. A single judge bench of Justice Nupur Bhati observed, "Thus, upon perusal of the record, and the findings of the learned Trial Court, it is clear...
Person Aggrieved By Unfair Investigation Of FIR May Approach Superior Police Officer U/S 36 CrPC: Rajasthan High Court Refuses Interference
The Rajasthan High Court has held that in case unfair or improper investigation of an FIR, the aggrieved person can seek recourse by approaching a superior police officer as per Section 36 CrPC. Single bench of Justice Arun Monga rejected a petition filed directly before it, alleging slow and unfair probe. It held,"The investigation is still at a very nascent stage, and the petition appears...
Service Rules Prevail Over Conditions In Recruitment Advertisement: Rajasthan HC Sets Aside Termination Of Sanitation Workers By Municipal Authority
The Rajasthan High Court recently granted relief to various sanitation workers whose services were terminated as their experience letter was not certified by the competent authority mentioned in the advertisement/notification for the post. A single judge bench of Justice Vinit Kumar Mathur in its August 2 order held that since such a requirement was not prescribed by the Rajasthan...
Appeal To Be Decided On Merits Irrespective Of Some Laches Or Delay On Part Of Assessee: Rajasthan High Court
The Rajasthan High Court has held that a right to appeal as provided under the statute must be decided on merits irrespective of some laches or delay on the part of the assessee.The bench of Justice Shree Chandrashekhar and Justice Kuldeep Mathur has observed that the statutory provisions of limitation under Section 107 of the CGST Act would bind the statutory authority, which cannot condone...