No Straitjacket Formula For Condoning Delay In Written Statement In Non-Commercial Suits: Rajasthan High Court

The Rajasthan High Court has upheld a trial court's decision to condone the delay in filing a written statement in a non-commercial civil suit, observing that the timeline under Order VIII Rule 1 CPC is directory and not mandatory, and that there can be no straitjacket formula for deciding whether a delayed written statement should be accepted.The bench of Justice Sudesh Bansal held that...

Order XI CPC Discovery Can't Be Used To Collect Evidence Available In Public Domain, Law Doesn't Aid Indolent: Rajasthan High Court

The Rajasthan High Court has observed that the mechanism of discovery and production of documents under Order XI, Rules 12 and 14 of CPC, could not be invoked merely because a litigant found it convenient to obtain evidence though the opposite party, especially when such evidence was otherwise reasonably accessible to them. “The processes of court cannot be made a handmaiden of...

Rajasthan High Court Disposes PIL Seeking Appointment Of Art Teachers In Govt Schools, Notes State's Compliance With RTE Act

The Rajasthan High Court has disposed of a PIL filed in 2018, seeking directions for regular appointment of Art Teachers (Drawing and Music) in government schools, alleging that the existing teachers who were imparting Arts education to students were not graduate in Art. The division bench of Justice Inderjeet Singh and Justice Sandeep Taneja took note of the affidavit filed by the State as...

Govt Servant Who Resigned To Contest Election Can't Withdraw Resignation After Losing Poll: Rajasthan High Court

The Rajasthan High Court has held that a government employee could not be said to have remained politically neutral, as was mandated under Rule 3(1)(vii) of the CCS (Conduct) Rules, 1964 (“Rules”), if s/he contested elections as an official candidate of a political party.Rule 3(1)(vii), provides that a government servant shall, at all times, maintain political neutrality. The division...

Rajasthan High Court Constitutes Committee To Oversee Sanitation, Healthcare, Law & Order At Ramdevra Temple

The Rajasthan High Court has constituted a committee to coordinate with the Trust of the Ramdevra Temple, in Jaisalmer, to oversee the sanitation, healthcare and law & order requirement of the devotees, and create basic infrastructure facilities in this regard. The division bench of Justice Munnuri Laxman and Justice Chandra Shekhar Sharma was hearing a PIL that alleged lack of...

Dismissal Of Revenue Suit While Quashing Remand Order Deprives Plaintiff Of Remedy Of Appeal: Rajasthan High Court

While setting aside the order of Revenue Board, Rajasthan High Court held that if an appeal was filed against an order of remand, and the higher court was satisfied that the order was not just/proper, the matter could be remanded to the first appellate court for deciding afresh, but the plaintiff's revenue suit could not be rejected. The bench of Justice Anoop Kumar Dhand held that if such...

'No Person Can Practise As Advocate Without Enrolment': Rajasthan High Court Imposes ₹50,000 Costs On 'Fake Lawyer'

The Rajasthan High Court has imposed a cost of Rs. 50,000/- on a man accused under Section 319(2) BNS, for representing himself to be an advocate without enrolment with the Bar Council and making appearances before the trial court. Section 319(2) prescribed punishment for the offence of cheating by personation. The bench of Justice Ravi Chirania opined,"No person can be permitted to practise...

'Casual Approach' Frustrating Paperless Courts: Rajasthan High Court Seeks Accountability For Delayed Upload Of Documents

The Rajasthan High Court has taken serious note of the lethargic and casual approach adopted by the stakeholders involved in digitization of the case files, leading to demonstrated delays in uploading of documents on the portal of the Paperless Module, causing great inconvenience to the Court and in-turn frustration of the objective of paperless courts. The bench of Justice Anoop Kumar...

Rajasthan High Court Stays Dispossession From Govt Quarter After Noting Different Allegations In Notice & Impugned Order

The Rajasthan High Court has stayed the dispossession of a government employee from his official accommodation after finding that the allegation against him changed from unauthorised persons residing in the quarter to sub-letting of the premises in the subsequent cancellation order.The bench of Justice Anand Sharma noted a “considerable variation” between the initial notice and the...

Rajasthan High Court Directs Govt Advocate Office To Obtain FIR Factual Report Within 3-7 Days To Curb Bail Hearing Delays

The Rajasthan High Court has directed the office of Government Advocate cum Additional Advocate General (GA-cum-AAG) to call upon factual reports of FIRs, preferably within 3-7 days of filing of bail applications, based on which the bail shall be heard and decided in cases of petty offences, unless the Court considers it necessary to call for the case diaries. While underscoring the issue...

Denial Of Cohabitation, False Criminal Case By Wife Amount To Cruelty: Rajasthan High Court Dissolves 22-Year-Old Marriage

The Rajasthan High Court has held that denial of cohabitation by the wife as well as filing of a false criminal case against the husband, amount to cruelty. The division bench of Justice Inderjeet Singh and Justice Sandeep Taneja was hearing an appeal against Family Court's rejection of a divorce application filed by the appellant-husband.It was the case of the husband that the marriage...

Vehicle Seized For Illegal Mining Can't Be Released After Criminal Case Ends; Confiscation Proceedings Must Be Considered: Rajasthan High Court

The Rajasthan High Court has held that the confiscation proceedings initiated by the Mining Department and the criminal proceedings initiated for illegal mining are separate, and conclusion of criminal case does not automatically result in release of the vehicle seized therein. For context, a complaint was filed before the Magistrate under the Motor Vehicles Act, 1988 (“MV Act”), in which...