Successful Candidate's Juvenile Record Not Ground To Deny Service As Police Constable: Rajasthan High Court

The Rajasthan High Court recently held that the employer is prohibited by law from referring to or taking in consideration the judgment of conviction so as to deprive a successful candidate, who was a child in conflict with law at some point of time, from being employed in Government service.The division bench of Justice Sandeep Mehta and Justice Yogendra Kumar Purohit was hearing an intra...

Rajasthan High Court Upholds Maintenance Order, Says Husband Levelled Adultery Allegation But At Same Time Sought Restitution Of Conjugal Rights

The Rajasthan High Court recently upheld a maintenance order passed under section 125 CrPC which was challenged on the ground that the wife was allegedly living in adultery.The Single Judge bench of Justice Ashok Kumar Jain observed:“the evidence adduced by the present petitioner is not sufficient enough to draw a conclusion that respondent No.1 (wife) was living in adultery. The fact...

Punishment Solely Based On Documentary Evidence Not Proved By Examining Witnesses: Rajasthan High Court Upholds Cook's Reinstatement

The Rajasthan High Court at Jaipur recently upheld the order of the Central Administrative Tribuna, Jaipur (CAT) which set aside the termination of a cook of Jawahar Navodaya Vidyalaya (JNV) for allegedly producing fake experience certificate on the ground that he was not afforded any opportunity to rebut the evidence produced to prove the certificates to be fake.The division bench of...

Driver With LMV Licence Can Drive Transport Vehicle Weighing Less Than 7500KG: Rajasthan High Court Relies On 'Mukund Dewangan' Decision

The Rajasthan High Court has reiterated that a person holding license to drive Light Motor Vehicle (LMV) is permitted to drive ‘Transport Vehicle’ in terms of the ratio laid down by the Supreme Court in Mukund Dewangan v. Oriental Insurance Company Limited.In Mukun Dewangan (supra) a 3-Judge bench of the Top Court held that transport vehicles, the gross vehicle weight of which does not...

Rajasthan High Court Quashes Dr Dev Swaroop's Appointment As Vice-Chancellor Of Dr Bhim Rao Ambedkar Law University

The Rajasthan High Court on Friday set aside the appointment of Dr Dev Swaroop as Vice-Chancellor of Dr. Bhimrao Ambedkar Law University, Jaipur on the ground that he has no background of academic qualifications and work experience in the field of legal education.While quashing the appointment order of February 2022, the division bench of Chief Justice (Acting) Manindra Mohan Shrivastava...

Compensation For Death Payable If Nexus With Injuries Sustained In Motor Accident Established: Rajasthan High Court

The Rajasthan High Court recently modified the award of a Motor Accident Claims Tribunal which refused compensation for death of a 58-yr-old Jaipur resident on the ground that there was no nexus between the injuries sustained by him during the motor accident and his subsequent death.A single judge bench of Justice Birendra Kumar held:“There is no material on record to substantiate that prior...

Clerk Accused Of Taking ₹150 Bribe Acquitted By Rajasthan High Court After 38 Years

The Rajasthan High Court recently acquitted a clerk of District Transport Office (D.T.O.), Sikar who was convicted by the trial court in a bribery case of Rs. 150/- in the year 1985 and sentenced to undergo three months simple imprisonment.Single judge bench of Justice Narendra Singh Dhaddha held:“As per the story of prosecution, Rs.150/- were given by Sultanaram to the appellant...

Extension Of Research VISA Was Obtained By Concealing Facts, Liable To Be Deported Forthwith: Rajasthan High Court Dismisses Yemeni National’s Appeal

The Rajasthan High Court on Friday dismissed the appeal of a Yemeni national who had got his research VISA extended by claiming that he had obtained admission for PhD at Vivekanand Global University, Jaipur.The division bench of the Chief Justice Pankaj Mithal and Justice Manindra Mohan Shrivastava, while upholding the order of the single judge, said the facts of the case speak for itself...

Rajasthan High Court Directs State To Ensure Married Couple's Safety

The Rajasthan High Court at Jaipur bench on Friday directed the State to ensure protection of life and liberty of a married couple. The couple, who are major, registered their marriage recently. They approached the court for protection of life and liberty, stating that their relatives are not approving and recognising their marriage. Justice Birendra...

Can’t Demand Degree Of AICTE-Approved Institute From A Candidate Who Graduated In Requisite Subject From Statutory University: Rajasthan High Court

The Rajasthan High Court, Jaipur Bench, has said that a candidate, who possesses the requisite qualifications for holding the post of Assistant Loco Pilot, cannot be denied empanelment merely for the reason that the degree possessed by him is not from an institute approved by the All India Council for Technical Education (AICTE).The division bench of Chief Justice Pankaj Mithal and Justice...

Material Referred In “Reasons To Believe” Not Supplied To Assessee, Reassessment vitiated: Rajasthan High Court

The Rajasthan High Court has held that the material referred to in the "reasons to believe" was not supplied to the assessee, and the entire proceedings for the reopening of the assessment and leading to the consequential assessment stand vitiated in law.The division bench, led by Chief Justice Pankaj Mittal and Justice Rekha Borana, ruled that a statement recorded under Section 132 (4) of...

Law & Order A State Subject, NIA Can't Proceed Prior To Registration Of Crime By State Police: Habeas Corpus Plea In Rajasthan HC, Notice Issued

The Rajasthan High Court at the Jaipur bench has recently issued notice to NIA in a Habeas Corpus petition which challenged the FIR registered by the agency on the ground that it has no statutory power to "register" any criminal incident involving the schedule offences within a State.The plea states that Centre has no power to pass any order under section 6(3) of NIA Act as law and order is...