Adults Willingly Engaging In Sexual Relations Outside Marital Setting Constitutes No Offence: Rajasthan High Court

The Rajasthan High Court recently observed that if two adults willingly engage in sexual relations outside of marriage, no statutory offence gets constituted.A bench of Justice Birendra Kumar opined thus while emphasizing that unless someone marries during the lifetime of his/her spouse, only marriage-like relationships such as living-in-relationship would not come within the mischief of...

'VC Facility Being Provided To All Litigants': Rajasthan HC Disposes PIL Plea Seeking Live Streaming Of Court Proceedings

The Rajasthan High Court (Jaipur Bench) recently disposed of a Public Interest Litigation (PIL) plea filed before it seeking live streaming of the court proceedings.A bench of Chief Justice Manindra Mohan Shrivastava and Justice Bhuwan Goyal noted that since the Court was already providing a video conferencing facility to all the litigants, the PIL plea deserved no action."Taking...

S.14 SARFAESI Act Confers Ministerial Powers On Magistrate, Not Required To Adjudicate Disputes Qua Secured Asset: Rajasthan High Court

Rajasthan High Court has recently held that the powers of a CMM/DM under Section 14 of the SARFAESI Act are ministerial and do not allow adjudication of a dispute regarding the secured asset that subsists between the borrower, secured creditor or any third party.The single-judge bench of Justice Anoop Kumar Dhand underscored that the 'satisfaction of the magistrate' as contemplated in Section...

Pollution Control Board Recruitment: Rajasthan High Court Asks State Why State Public Service Commission Not Appointed As Exam Agency

Rajasthan High Court has recently asked the State Pollution Control Board to answer why it chose IBPS instead of RPSC as the examination agency for filling vacancies in the posts of Legal Officer, Junior Scientific Officer and Junior Environmental Engineer.The single-judge bench of Justice Sameer Jain also asked the Pollution Control Board to explain in its affidavit why the appointment...

Issuance Of Summons Is Not Initiation Of Proceedings Referable To Under Section 6(2)(B) Of CGST Act: Rajasthan High Court

The Rajasthan High Court, Jaipur Bench, has held that issuance of summons is not initiation of proceedings referable to under Section 6(2)(b) of the CGST Act.The bench of Justice Pankaj Bhandari and Justice Shubha Mehta has observed that the scope of Section 6(2)(b) and Section 70 of the CGST Act is different and distinct, as the former deals with any proceedings on subject matter, whereas...

Challenge Of Compensation Under National Highways Act, 1956 Fall Under Arbitration And Conciliation Act, 1996: Rajasthan High Court

The Rajasthan High Court single bench of Justice Rekha Borana held that determination of compensation under National Highways Act, 1956 can be challenged before the arbitrator appointment by the Central Government. The bench held that challenges to such determination fall under the Arbitration and Conciliation Act, 1996. Brief Facts: The Appellant approached the Rajasthan...

Rajasthan High Court Suspects Forgery In Vakalatnama Of Joint Petition, Directs Judicial Registrar To Check Veracity Of Petitioners' Signatures

Suspecting that a single vakalatnama consisting of the signatures of 101 petitioners in a joint petition is forged, the Rajasthan High Court has directed the Registrar (Judicial) to investigate whether the petitioners themselves have affixed their signatures.The single-judge bench of Justice Dinesh Mehta directed that the petitioners' counsel should inform all petitioners to be present before...

'It's His Fundamental Right': Rajasthan High Court Allows Asaram Bapu To Avail Ayurvedic Treatment In Police Custody

The Rajasthan High Court on Thursday allowed self-styled godman Asaram Bapu to get ayurvedic treatment at 'Arogayadham Center' at Jodhpur in police custody.A bench of Justice Dinesh Mehta and Justice Vinit Kumar Mathur passed this order on a plea moved by Asaram while stating that the right to get appropriate treatment is his fundamental right and the same needs to be protected."We,...

[Rajasthan Excise Act] Bar U/S 69 On Release Of Seized Vehicle Applies To Vehicle Carrying Contraband, Not To Escorting Vehicle: High Court

Rajasthan High Court has iterated that the embargo under Section 69 of the Rajasthan Excise Act, 1950 on the powers of a criminal court won't be applicable when the seized vehicle was merely an escort for the vehicle that was originally carrying the contraband. The single judge bench of Justice Sudesh Bansal also clarified that the bar under Section 69(6) preventing the release of seized...

Can Officer Below ASI Rank Probe Cognizable Offences? Rajasthan High Court Refers Matter To Larger Bench

While disagreeing with the decision rendered by a co-ordinate bench earlier, a single judge bench of Rajasthan High Court has referred to a larger bench the issue of whether a police officer below ASI rank could investigate a cognisable offence or not.The single judge bench of Justice Anil Kumar Upman opined that Section 157 Cr.P.C. read with Rule 6.1 of the Rajasthan Police Rules, 1961...

Not Unsympathetic To Vendors Plight But Price Can't Be State's Infra: Rajasthan HC Slams Govt For Not Preventing Encroachment Upon Public Ways

Taking note of the excessive encroachments upon public ways and streets in the state disrupting the traffic, Rajasthan High Court has criticised the state machinery for turning a blind eye towards this pressing issue and took suo moto cognisance of the matter.The single judge bench of Justice Sameer Jain opined that encroachment by hawkers and vendors is equivalent to a 'public...

Rajasthan High Court Censures State For Not Acting Against Encroachers, Encourages Deployment Of Scientific Tools To Protect Forest Blocks

Citing the example of sustainable development in Bhutan as an apt model, Rajasthan High Court has directed the State to rely on scientific tools and methods to prevent forest encroachment and preserve natural resources.“…this Court directs the respondents to evolve and adopt the scientific temper for dealing with the problems, which are arising continuously all over the State, akin to...