Caught 'Red-Handed' Accepting Bribe, Dishonest Official Deserves No Sympathy: Rajasthan High Court Upholds Suspension Order Of Sarpanch

While upholding the suspension order of a Sarpanch allegedly caught accepting a bribe, Rajasthan High Court has remarked that a dishonest official deserves no sympathy or leniency.The single-judge bench of Justice Vinit Kumar Mathur noted that the facts disclosed in the F.I.R. registered by the Anti-Corruption Bureau under Section 7 of the Prevention of Corruption Act were unambiguous. No...

Law Doesn't Bar Benefit Of Probation To Convict Above 21 Yrs Age: Rajasthan HC Releases 'Attempt To Murder' Convicts On Probation In 33 Yrs Old Case

Rajasthan High Court has recently ordered the release of two persons on probation, previously convicted by the trial court for attempt to murder, after observing that emphasis must be placed on reformation and rehabilitation of offenders.The single-judge bench of Justice Ganesh Ram Meena added that there is no bar under law to extend the benefit of probation to a convict aged above 21 years....

No Inquiry Or Recovery Proceedings Can Be Initiated Against Legal Representatives Of Deceased Person: Rajasthan High Court

The Rajasthan High Court has reiterated that no recovery proceedings can be initiated against the legal representatives of a deceased person, after death, since all connections to worldly affairs are broken upon the death of a person.The single-judge bench of Justice Anoop Kumar Dhand clarified that inquiry against the deceased would abate upon such death, and no other person can be...

No Provision For Review Under Rajasthan Colonisation Act But Supplemental Provisions In Other Statutes May Be Invoked To Exercise Power: High Court

Recently, Rajasthan High Court has held that an Assistant Commissioner (Colonisation) was right in entertaining an application filed for the review of its own order, albeit under Section 151 CPC, by a comprehensive interpretation of Section 5 of the Rajasthan Colonisation Act, 1954.The single-judge bench of Justice Vinit Kumar Mathur, before rendering the decision, initially analysed Section...

Income Tax Act | Non-Disclosure Of Heavy Transaction & Its Admission By Assessee Makes Out A Case For Reassessment U/S 148: Rajasthan High Court

Rajasthan High Court has recently clarified that once the assessee admits the existence of a heavy transaction between him and another entity that is not disclosed in the ITR form, such admission makes out a case for the reopening of assessment under Section 148.The Division Bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri Laxman further noted that such...

Alternate Remedy Available, No Exceptional Circumstance Made Out: Rajasthan High Court Dismisses Habeas Corpus Plea For Minor Son's Custody

Rajasthan High Court has recently clarified that habeas corpus petitions in custody disputes of children are usually not maintainable when an alternative remedy under the statute is available and the custody dispute has been persisting for quite a long time.“…ordinarily, in relation to a claim for custody of a child, there is effective remedy provided under the Statute, in which the...

Lawyers Required To Maintain Restraint, Shouldn't Cast Aspersions On Judicial Officers When Judicial Orders Are Challenged: Rajasthan High Court

Deprecating the practice of casting aspersions on judicial officers when judicial orders are challenged, Rajasthan High Court has urged all lawyers to maintain restraint and not make allegations against a presiding officer in the pleadings.The single-judge bench of Dr Justice Nupur Bhati held that even if there is a complaint against the presiding officer before the Chief Justice, the rights...

Rajasthan HJS Evaluation Process Challenged, High Court Orders Expert Committee To Re-Evaluate Copies And Submit Report

In response to a controversy on the process of evaluation adopted in the Mains Examination for Direct Recruitment to the Cadre of District Judge, Rajasthan High Court has proposed the constitution of an expert committee comprising eminent jurists/professors for re-evaluation of the answer sheets. The Division Bench comprising Justices Pankaj Bhandari and Bhuwan Goyal deemed it fit to direct...

Mother Forced To Deliver Twins In Middle Of Road, Gross Negligence On Part Of State: Rajasthan HC Orders Compensation For Newborns' Death

Terming the incident where a mother lost her twins due to the inaction of staff posted at a Community Health Centre (CHC) as a 'death of humanity', the Rajasthan High Court has ordered State and Central Governments to jointly pay the woman Rs 4 lakhs as compensation. “…In utter violation of the fundamental right of leading a healthy life, the petitioner was compelled by the respondents...

Rajasthan High Court Upholds Compensation For Death By Stray Bull Attack, Pulls Up Bikaner Municipal Corp For "Animals Wandering In Streets"

While affirming the Permanent Lok Adalat's grant of compensation to the tune of Rs. 3 lakhs for death caused by a stray bull, Rajasthan High Court has fastened the responsibility of wandering stray animals on Bikaner Municipal Corporation.The single-judge bench of Justice Vinit Kumar Mathur held that Section 22-A of the Legal Services Authorities Act, 1987 contemplates that 'public...

REET Paper Leak Case | Prima Facie Evidence Suggests Offence Of Money Laundering: Rajasthan High Court Rejects Bail Plea Of Accused

Rajasthan High Court has denied bail to Ram Kripal Meena, primarily accused of leaking and distributing question papers of the Rajasthan Eligibility Examination for Teachers, 2021 (REET) for a payment of Rs 1.20 crores.The single judge bench of Justice Praveer Bhatnagar noted that 1.06 crores, cited by the prosecution as the 'proceeds of crime', was allegedly first received by the petitioner...

S.321 CrPC | Public Prosecutor Not State's Postman, Withdrawal Of Prosecution Can't Be Done On Mere Asking Of Executive: Rajasthan High Court

In a recent decision, Rajasthan High Court has made a string of remarks about when an application to withdraw prosecution under Section 321 CrPC can be made. The court has also delved deep into the duty of the public prosecutor to prevent abuse of the process of law in such instances. The single-judge bench of Justice Farjand Ali also observed that Section 321 CrPC provides an...