Right To Life Must Be Protected Regardless Of Validity Of Marriage: Rajasthan HC Grants Protection To Couple Of Non-Marriageable Age

Rajasthan High Court has ruled that the supremacy of fundamental rights seeking protection of life and liberty irrespective of the solemnization of an invalid or void marriage or even the absence of any marriage between the parties.The bench of Justice Arun Monga directed the police to grant protection to a major couple, not of marriageable age, facing threats from family and held that...

Road Accident | No Compensation For “Future Prospects” In Case Of Child's Death: Rajasthan High Court Reiterates

Rajasthan High Court has reiterated that in case of death of a child in a motor vehicles accident, the compensation cannot be awarded for such death under the head of “future prospects”.The bench of Justice Nupur Bhati relied upon Rajendra Singh & Ors. v. National Insurance Company Ltd. in which the Supreme Court had rejected the argument of increasing the compensation awarded to...

'Sudden Fight, No Premeditation': Rajasthan High Court Alters Husband's Murder Conviction For Throttling Pregnant Wife To Culpable Homicide

Rajasthan High Court has ordered the release of a man who was serving life imprisonment for last 10 years, after being convicted for murdering his pregnant wife.The division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman, while hearing the appeal of the convict, altered the charge of the convict from murder to culpable homicide and reduced his sentence from life...

S.420 IPC | Selling Property To Others Upon Suspicion Of Future Losses Cannot Save Such Assets, Can't Remain Rich "While Ruining Others": Rajasthan HC

Rajasthan High Court, while hearing an anticipatory bail application, observed that if a person speculates through someone else about incurring potential losses in future, and in consequence to that speculation disposes of his immovable property to near relative(s), then such properties cannot be saved later and the seller shall be responsible for the consequences since he cannot be allowed...

Qualification Of “Adeeb” Is Equivalent To Class 10th Qualification: Rajasthan High Court Reiterates

While reiterating that the educational qualification termed as "Adeeb" is equivalent to Secondary Examination (10th Class), the Rajasthan High Court recently directed the appointment of a woman to the post of Health Worker (Female) which had the eligibility criteria of 10th standard qualification.Referring to the decision of a coordinate bench (at Jaipur) in Jahida Salma v State of...

Accused Lying Behind Bars Due To Baseless Allegations By Co-Accused, No Iota Of Evidence: Rajasthan HC Releases Man Booked Under NDPS Act

Rajasthan High Court has ruled that simply mentioning in the charge sheet that the offence under Section 29 of the NDPS Act was made out against an individual was not sufficient to keep that person behind bars until any material was attached to the charge sheet to show the involvement or participation of the individual.Section 29 of the NDPS Act lays down punishment for abetting or conspiring...

Pre-Arb Step(s) Cannot Be Treated As Mandatory If Could Not Be Fructified: Rajasthan High Court

The bench of Justice Sudesh Bansal at the Rajasthan High Court opined that where pre-arbitration steps mentioned in the agreement could not be fructified, it could not be held that those were mandatory in nature and in the event of failure of these no arbitration could be initiated. The Court held that it was a well settled principle of law that an arbitration agreement being a commercial...

"Act-Only Insurance" Of Private Vehicle Only Covers Third-Party, Not Occupants: Rajasthan HC Sets Aside 'Recover & Pay' Order Against HDFC Ergo

Rajasthan High Court has affirmed that in the case of a private vehicle insured against the “Act only Policy”, the insurance company is not liable to compensate the occupants of the vehicle since they are not considered to be the “third parties” as required under the Motor Vehicles Act, 1988 (“Act”). The Court said:“The position of law as it stands at present is that in case of...

MV Act | Light Motor Vehicles License Sufficient For Driving Transport Vehicles Below 7500 Kgs, No Separate License Needed: Rajasthan High Court

The Rajasthan High Court has affirmed that a transport vehicle weighing less than 7500 Kgs does not need a separate driving license other than the one issued under Section 10(2) of the Motor Vehicles Act, 1988 (“the Act”) for driving a Light Motor Vehicle (“LMV”).“That there is no requirement to obtain a separate endorsement to drive transport vehicle, and if a driver is holding...

Power Of Attorney Holder Who Is Also Manager Of A Trust Is Its Trustee, Can Lead Evidence On Its Behalf: Rajasthan High Court

The Rajasthan High Court has recently observed that a power of attorney holder of a trust who is also its manager holds the capacity of a trustee and so can depose as well as lead evidence on behalf of the trust.A single judge bench of Justice Rekha Borana made the observation while hearing a plea moved by the petitioner trust–Shri Ramniwas Dham Trust, through its Power of Attorney...

Doctrine Of Proportionality In Service Matters Not Applicable When Employment Itself Is Based On Fraud: Rajasthan High Court

The Rajasthan High Court has affirmed that the doctrine of proportionality in service matters cannot be invoked in relation to an employee whose basis of attaining employment was fraudulent.It was also held that the High Court's scope of interference with a disciplinary authority's decision on the quantum of penalty in service matters is minimal.The division bench of Justice Pushpendra...

No Provision In Law Prescribing Sisters To Be Legal Representatives When Wife, Son And Daughter (First Class Heirs) Surviving: Rajasthan HC

Rajasthan High Court has ruled that sisters cannot be considered legal representatives of a deceased individual especially where the first class heirs including the wife, son and daughter of the deceased were surviving.The bench of Justice Manoj Kumar Garg was hearing a tenant eviction case wherein a revision petition was filed by defendant against an order of the trial order. The trial court...