Rajasthan High Court
Rajasthan High Court Quashes POCSO Case On Being Informed Of Victim's Marriage With Accused
Recently, Rajasthan High Court decided to rescind criminal proceedings against a POCSO accused, after being informed that the victim/survivor is living a happily married life with the former.Before quashing the rape case ongoing before Jaipur Metropolitan I Special Judge (POCSO), the single judge bench of Justice Mahendar Kumar Goyal observed that the survivor herself has stated before the...
Civil Services Appellate Tribunal Cannot Entertain Appeal Arising Out Of Service Matter Of Contractual Employee Of Rajasthan Financial Corp: High Court
A division bench of the Rajasthan High Court at Jaipur has set aside an order passed by a single judge bench which dismissed the writ petition filed by a contractual employee of the Rajasthan Financial Corporation challenging his transfer order upon observing that he has an alternative remedy to challenge the impugned transfer order before the Rajasthan Civil Services Appellate Tribunal....
NMC Act | MARB Lacks Competency To Retrospectively Cancel Admissions Granted By Medical Institutions: Rajasthan High Court
In a recent decision, Rajasthan High Court has rebuked the Medical Assessment and Rating Board (MARB) for cancelling the admissions made to four medical colleges retrospectively, thereby jeopardizing the careers of the students involved.The single-judge bench of Justice Arun Monga discussed Section 26(1) (f) and 26 (2) to hold that MARB lacks the jurisdiction to direct retrospective...
'Frivolous': Rajasthan High Court Imposes 25K Cost On Plea Against Appointment Of Dy. Chief Ministers
In a PIL filed by a lawyer against the swearing-in of Diya Kumari and Prem Chand Bairwa as the Deputy Chief Ministers, Rajasthan High Court has imposed a cost of Rs 25,000/- on the petitioner, citing the frivolous nature of the relief sought.The Division Bench of Acting Chief Justice Manindra Mohan Shrivastava and Justice Shubha Mehta termed the case filed by Om Prakash Solanki as a...
Lok Adalat Has No Jurisdiction To Adjudicate Disputes Related To Installation Of Mobile Tower: Rajasthan HC Grants Relief To Reliance Jio
The Rajasthan High Court at Jaipur on Thursday set aside an order passed by the Permanent Lok Adalat, Jaipur which issued a direction to the authorities to seize the mobile tower, installed at a site and dismantle the same within 15 days, on the ground that the Permanent Lok Adalat has no jurisdiction to adjudicate such matters as the same is not covered by the definition of 'public...
Duty Of Courts To Correct Decree Obtained By Concealment Of Material Facts, Leave To Appeal May Be Filed At Any Stage: Rajasthan High Court
The Rajasthan High Court has reiterated that no litigant can obtain a favourable decree from a court based on incorrect or false facts. Since fraud unravels everything, the concerned court must correct the mistake in facts if brought to its notice, it added.The single judge bench of Justice Anoop Kumar Dhand also held that if the respondents claim to be the grandchildren of one of the...
'Hostile Discrimination': Rajasthan HC Quashes Municipal Chairperson's Suspension Order Upon Noting Similar Charges Against SDO & EO Were Dropped
The Rajasthan High Court has recently quashed a suspension order against Rajgarh's Municipal Chairman, which was still in force despite revoking suspensions of the Sub Divisional Officer and Executive Officer against whom similar chargesheets were issued pursuant to an encroachment removal drive in contravention of regulations under the Municipalities Act.The single judge bench of Justice...
'Fully Developed Foetus Has Right To Life': Rajasthan High Court Denies Minor Rape Survivor's Plea To Terminate 31-Weeks Pregnancy
Stating that a fully developed foetus has the right to life guaranteed under Article 21, Rajasthan High Court recently declined a plea for the medical termination of an 11-year-old rape survivor's advanced pregnancy.The single-judge bench of Justice Anoop Kumar Dhand also clarified that a foetus that is fully developed has the right to enter this world and live a healthy life without...
Pran Pratishtha Mahotsava | Real Celebration Would Be If Society Respects & Follows Lord Ram's Ideals: Rajasthan HC In Suo Moto PIL Over Road Blockage
The Rajasthan High Court at Jodhpur on Monday registered a suo moto PIL concerning the blockage of the road and installation of barricades on the advent of “Pran Pratishtha Mahotsava.”The single judge bench of Justice Dinesh Mehta directed the District Collector and Commissioner of Police to ensure that in the future the roads, particularly the roads leading towards the High Court, are...
Landlord Best Person To Decide Property For 'Bonafide Use', Tenant Can't Resist Eviction Stating Other Properties More Suitable: Rajasthan HC
The Rajasthan High Court recently upheld an order of the Appellate Rent Tribunal, Jodhpur which allowed an eviction appeal filed by a widow (landlord) against her tenant on the ground that mere existence of other properties which are levied by the landlord would not enure to benefit of tenant in the absence of any supporting material to effect that they are reasonably suitable for the tenant...
S.138 NI Act | Primary Concern Is Recovery Of Money, Conviction Of Accused Serves Little Purpose: Rajasthan High Court
Rajasthan High Court has recently iterated that the punishment on the drawer for a dishonoured cheque is secondary as far as Section 138 of the Negotiable Instruments Act is concerned. The court added that the primary concern would be the recovery of money since the conviction of an accused serves no significant purpose.The single-judge bench of Justice Anil Kumar Upman, while quashing the...
Rajasthan High Court Provides Police Protection To Woman Who Was Detained By Father, Upholds Her Right To Stay With Transgender Partner
In a habeas corpus plea filed by a transgender man, the Rajasthan High Court has upheld the right of a cis-gender woman to live with her partner of choice. Upon production of the woman before the Court, she stated that her father had been illegally detaining her in his house and torturing her.The Division Bench of Justices Pankaj Bhandari and Bhuwan Goyal, after interacting with the...