Alternate Remedy Available, No Exceptional Circumstance Made Out: Rajasthan High Court Dismisses Habeas Corpus Plea For Minor Son's Custody

Rajasthan High Court has recently clarified that habeas corpus petitions in custody disputes of children are usually not maintainable when an alternative remedy under the statute is available and the custody dispute has been persisting for quite a long time.“…ordinarily, in relation to a claim for custody of a child, there is effective remedy provided under the Statute, in which the...

Lawyers Required To Maintain Restraint, Shouldn't Cast Aspersions On Judicial Officers When Judicial Orders Are Challenged: Rajasthan High Court

Deprecating the practice of casting aspersions on judicial officers when judicial orders are challenged, Rajasthan High Court has urged all lawyers to maintain restraint and not make allegations against a presiding officer in the pleadings.The single-judge bench of Dr Justice Nupur Bhati held that even if there is a complaint against the presiding officer before the Chief Justice, the rights...

Rajasthan HJS Evaluation Process Challenged, High Court Orders Expert Committee To Re-Evaluate Copies And Submit Report

In response to a controversy on the process of evaluation adopted in the Mains Examination for Direct Recruitment to the Cadre of District Judge, Rajasthan High Court has proposed the constitution of an expert committee comprising eminent jurists/professors for re-evaluation of the answer sheets. The Division Bench comprising Justices Pankaj Bhandari and Bhuwan Goyal deemed it fit to direct...

Mother Forced To Deliver Twins In Middle Of Road, Gross Negligence On Part Of State: Rajasthan HC Orders Compensation For Newborns' Death

Terming the incident where a mother lost her twins due to the inaction of staff posted at a Community Health Centre (CHC) as a 'death of humanity', the Rajasthan High Court has ordered State and Central Governments to jointly pay the woman Rs 4 lakhs as compensation. “…In utter violation of the fundamental right of leading a healthy life, the petitioner was compelled by the respondents...

Rajasthan High Court Upholds Compensation For Death By Stray Bull Attack, Pulls Up Bikaner Municipal Corp For "Animals Wandering In Streets"

While affirming the Permanent Lok Adalat's grant of compensation to the tune of Rs. 3 lakhs for death caused by a stray bull, Rajasthan High Court has fastened the responsibility of wandering stray animals on Bikaner Municipal Corporation.The single-judge bench of Justice Vinit Kumar Mathur held that Section 22-A of the Legal Services Authorities Act, 1987 contemplates that 'public...

REET Paper Leak Case | Prima Facie Evidence Suggests Offence Of Money Laundering: Rajasthan High Court Rejects Bail Plea Of Accused

Rajasthan High Court has denied bail to Ram Kripal Meena, primarily accused of leaking and distributing question papers of the Rajasthan Eligibility Examination for Teachers, 2021 (REET) for a payment of Rs 1.20 crores.The single judge bench of Justice Praveer Bhatnagar noted that 1.06 crores, cited by the prosecution as the 'proceeds of crime', was allegedly first received by the petitioner...

S.321 CrPC | Public Prosecutor Not State's Postman, Withdrawal Of Prosecution Can't Be Done On Mere Asking Of Executive: Rajasthan High Court

In a recent decision, Rajasthan High Court has made a string of remarks about when an application to withdraw prosecution under Section 321 CrPC can be made. The court has also delved deep into the duty of the public prosecutor to prevent abuse of the process of law in such instances. The single-judge bench of Justice Farjand Ali also observed that Section 321 CrPC provides an...

'Lethargic Approach' By State In Paying Back Wages To Reinstated Employee Despite Finality Of Lis: Rajasthan HC Asks Chief Secretary To Appear

Rapping the state's 'lethargic and callous approach' in effectuating the compliance of an award passed by the labour court in 2020, Rajasthan High Court has ordered the Chief Secretary to mark his appearance before the court tomorrow.Though the 'lis' attained finality in 2022 by the dismissal of the special leave petition preferred by the respondent state, no concrete steps were taken to...

Case Pendency: Rajasthan HC Constitutes Committee To Prepare Draft SOP For Listing Uncontested Matters In 'Orders' Category Before Registrar

Rajasthan High Court has constituted a five-member committee headed by Advocate General to put forth their recommendations for solving the burden created by unnecessary listing of uncontested cases in the 'Orders' category before the court.The single-judge bench of Justice Sameer Jain was considering a civil writ petition posted for R/N on 12.12.2024. However, the matter was taken up in...

'Deemed Universities' Restrained From Offering Distance Programs Through Off-Campus Private Franchises Under UGC Regulations: Rajasthan HC

Justice Arun Monga also flagged the alarming trend of commercialisation of education which was taking place in the aforesaid manner.

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...