Rajasthan High Court
'Weakens Democratic Set-Up & Affects Public At Large': Rajasthan High Court Quashes Suspension Order Of Sarpanch Passed On Flimsy Grounds
Observing that suspension of elected representatives on flimsy grounds or for settling political scores weakens the democratic setup and adversely affects the public at large, Rajasthan High Court has quashed the suspension order against the Sarpanch of Baori Kalla Gram Panchayath.“…Placing under suspension of democratically elected persons on account of political vendetta weakens the...
Rajasthan HC Waives Contractual Fees Payable To Panchayat During COVID-19, Says Pandemic Was Beyond Human Control Even Though Not Expressly Mentioned In Contract
Rajasthan High Court has recently allowed a waiver of the recovery to the tune of approximately Rs. 19 lakhs from the highest bidders of a Panchyath contract for faltering in their obligations. This dereliction of the contractual terms occurred during the period of March 2020 to June 2021, when all industrial operations were stopped due to the pandemic.The single-judge bench of Justice...
Cheques Encashed Pursuant To 'Full And Final Settlement' Without Any Protest, Rajasthan High Court Refuses Arbitration
The High Court of Rajasthan, Jaipur Bench, has held that an application seeking the appointment of an arbitrator would not be allowed if the parties had already entered into a full and final settlement, and the applicant had encashed the settlement amount without protest or objection. The Court held that in such cases, the dispute would be considered non-arbitrable. Chief Justice...
Multiple Dying Declarations Of Victim Not Consistent, Contrary To Each Other: Rajasthan HC Acquits Accused In 35 Yr-Old Rape Case
Recently, the Rajasthan High Court acquitted all the accused in a rape case from 1989 on the ground that the multiple dying declarations given by the victim were not consistent with each other. Conviction on the basis of such dying declarations that are contrary in material particulars can prove to be unsafe, the court iterated by relying on Bhadragiri Venkata Ravi v. Public Prosecutor High...
'Ensure His Privacy Isn't Hampered': Rajasthan HC Extends Rape Convict Asaram Bapu's Ayurvedic Treatment Duration
The Rajasthan High Court on Tuesday extended the duration of the Ayurvedic treatment for self-styled godman and rape convict Asaram Bapu. The court has directed the police authorities to ensure that his privacy isn't hampered and that he is exposed to proper sunlight to cope with vitamin D deficiency.A bench of Justice Dinesh Mehta and Justice Vinit Kumar Mathur passed this order on an...
Sessions Court Can Take Cognizance Against Accused Not Yet Chargesheeted Without Waiting Till Stage Of S.319 CrPC: Rajasthan HC
Rajasthan High Court has underscored that a Sessions Court can take cognizance against the accused not yet charge-sheeted by the police without waiting for the stage prescribed under Section 319 Cr.P.C.After an elaborate discussion of the relevant case laws, the single-judge bench of Justice Anoop Kumar Dhand came to the conclusion that the Additional Sessions Court, as a court of...
Rajasthan HC Directs State To Not Summarily Dispense With Services Of Asst Professors Of Previously Self-Financed Colleges, Asks Govt To Pay Their Salary Arrears
The Rajasthan High Court has recently granted interim relief to a group of Assistant Professors who were seeking absorption into state services from colleges that were previously self-financed, by directing the state not to dispense with their services summarily.The single-judge bench of Justice Arun Monga has also instructed the respondent state authorities to pay arrears of salary to...
Deliberate Defiance To Hide Truth: Rajasthan HC Raps State In NDPS Matter For Non-Production Of Crime Scene's CCTV Footage, Other Best Evidence
Rajasthan High Court has recently censured the state instrumentalities for withholding the best evidence despite the trial court order, which the court opined was equivalent to contempt of court.The single-judge bench of Justice Farjand Ali was pronouncing orders in three bail applications arising from an NDPS case. “…what was the fear for the prosecution agency to conceal the...
Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers
Expressing concern about a situation where the identity of a rape victim was disclosed during investigation and trial, Rajasthan High Court has proposed an exercise of sensitization for the police officers and judicial officers to ensure that such instances do not repeat.The single judge bench of Justice Anoop Kumar Dhand noted in the order that the mandatory requirement of Sections 24(5),...
Rajasthan HC Stays Coercive Action Against Judicial Magistrate Accused Of Asking Rape Victim To Strip, Asks Media Not To Sensationalise Issue
The Rajasthan High Court today stayed coercive action till May 27 against a Judicial Magistrate who is facing an FIR for allegedly asking a Rape survivor to strip and show her injuries, last month. The HC has also directed the electronic and print media not to "sensationalize" the issue.A bench of Justice Anil Kumar Upman passed this order (staying coercive actions against the accused-JM) on...
'Incomprehensible How UAPA Invoked': Rajasthan HC Grants Bail To 'SFJ Members' Accused Of Writing 'Khalistan Zindabad' In A Public Place
The Rajasthan High Court recently granted bail to two alleged operatives of Sikhs for Justice (SFJ) accused of writing “Khalistan Zindabad” slogan on a wall in a public place in the state's Hanumangarh area.Importantly, the Court observed that it was "not comprehensible" as to how the penal provisions of the Unlawful Activities (Prevention) Act have been invoked against the accused...
'Agonsing': Rajasthan HC Flags Release Of Only 43% Budget Allotted For Court Infrastructure Since 2014, Asks State & Centre For Plan To Release Remaining Amount
Recently, Rajasthan High Court has highlighted the necessity of creating a proper road map for the release of the remaining amount from the budgetary provisions already allocated for improving the infrastructure of court buildings.The Division Bench of Dr Justice Pushpendra Singh Bhati and Justice Rajendra Prakash Soni observed that it is 'agonising' to see that only 43 per cent of the...