Rajasthan High Court
S. 24 JJ Act | Right To Be Forgotten By Destruction Of Juvenile Delinquency Records Is Absolute Right, State Forbidden From Seeking Such Records: Rajasthan HC
Rajasthan High Court has held that the 'right to be forgotten' by the destruction of juvenile delinquency records is an absolute right if the juvenile has been extended the benefits of Section 24 of the Juvenile Justice (Care & Protection of Children) Act, 2015.The single-judge bench of Dr. Justice Pushpendra Singh Bhati, while delivering the judgment in a plea against cancellation of...
Pattas Obtained By Fraud Or Concealment Do Not Confer Any Right, Limitation Not A Bar For Cancellation Of Such Land Assignments: Rajasthan High Court
Rajasthan High Court has recently iterated that if a patta has been obtained by fraud or concealment, there lies no bar of limitation to cancel such allotment.The single-judge bench of Justice Anoop Kumar Dhand held that the allotment made in favour of the petitioner's father has not conferred any right or title since the authorities found out that such allotment was illegal on account...
Electricity Dept Played Pivotal Role In Fight Against Covid: Rajasthan High Court Grants 70 Lakhs Ex-Gratia Payment To Deceased Employee's Wife
This week, Rajasthan High Court has directed Jodhpur Vidyut Vitran Nigam (JdVVNL) Ltd to disburse the ex-gratia amount of Rs 70 Lakhs to the dependent an executive engineer who succumbed to Covid-19 while working on duty.The single-judge bench of Dr. Justice Pushpendra Singh Bhati observed in the judgment that the petitioner-wife's husband, who was an executive engineer, played an...
Petitioner Underwent Sterilisation Based On Promises Of 'Jyoti Yojna', State's Breach Of Promise Violates Principles Of Legitimate Expectation: Rajasthan HC
Rajasthan High Court has directed the State through a writ of mandamus to provide the benefits of the 'Jyoti Yojna' Scheme to every woman who has voluntarily undergone a sterilisation operation after giving birth to one or two children.The single-judge bench of Justice Anoop Kumar Dhand held that the scheme introduced in 2011 was originally intended to empower the females that fall within...
Widowed Daughter-In Law Also Part Of Family, Can Seek Compassionate Appointment Under 1996 Rules: Rajasthan High Court
In a pertinent decision, Rajasthan High Court has held that a 'widowed-daughter-law' comes within the meaning of 'widowed daughter' mentioned as a 'Dependent' in Rule 2(c) of Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996.The Division Bench comprising Dr. Justice Pushpendra Singh Bhati and Justice Rajendra Prakash Soni was of the opinion...
[Army Act & Rules] Even If Charges Are Not Confirmed During Court-Martial Proceedings, Erring Officials Can Be Independently Proceeded Against: Rajasthan HC
Rajasthan High Court has recently held that if findings on a certain charge are not affirmed by the Confirming Authority after General Court-Martial (GCM) proceedings, the Chief of Army Staff and other officers are vested with the power to proceed independently against the erring personnel for termination of services.“…This Court also observes that only the finding and sentence on...
Subsequent Purchaser/Donee May Be Impleaded As Parties In Suit For Specific Performance To Avoid Multiplicity Of Litigation: Rajasthan HC
Noting that the subsequent purchaser may be allowed to participate in a suit for specific performance of a contract, the Rajasthan High Court has allowed impleading the donor and donee in a gift deed, with regards to the same suit property, executed after the agreement for sale and filing of the suit.A single-judge bench of Justice Anoop Kumar Dhand held that the trial court should have...
State 'First-Responder' To Citizens' Grievances, Ought To Pass Speaking Orders In Employee's Representations: Rajasthan High Court
Rajasthan High Court recently reminded the State about its role in cutting down unwanted litigation before the already over-burdened courts. The High Court also called upon the state instrumentalities to pass speaking orders, after due consideration of representations preferred by aggrieved employees. “…by assiduously addressing the grievance put forth by the aggrieved employees and...
Rajasthan HC Denies Parole To Asaram Bapu Convicted In Rape Case; Cites Bar On Release Under 2021 Parole Rules, Possible Law & Order Situation
Recently, Rajasthan High Court refused to grant 20 days parole to self-styled godman Asaram Bapu, who is currently serving a life sentence in Central Jail, Jodhpur after two rape convictions in Rajasthan and Gujarat respectively.The District Parole Advisory Committee, Jodhpur (DPAC) had rejected his application for the first grant of parole on 22.08.2023. Before that, another application...
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...