Rajasthan High Court
Non-Borrowers Can Approach DRT If Affected By SARFAESI Action, Writ Not Maintainable: Rajasthan High Court
While rejecting the writ petition filed by a flat purchaser which was declared a secured asset, the Rajasthan High Court held that even if a person was not a borrower or a guarantor, s/he was entitled to approach Debts Recovery Tribunal (DRT) if their rights were affected by the notice issued under the SARFAESI Act, and they were “aggrieved person”.The bench of Justice Sunil Beniwal...
Advocate Forced To Litigate For Fees, Paid After 15-Year Delay By State
A woman advocate practicing for almost 32 years at the Rajasthan High Court, received her professional fees for acting as advocate for the National Rural Health Mission (“NRHM”) in 84 petitions, only after 15 years, upon filing a legal case against the State. The petitioner was engaged by NRHM in 2010 as its advocate for appearing in a bunch of 84 petitions which were decided by the Court...
Court Must Examine Process Server Before Proceeding Ex-Parte On Alleged Refusal Of Summons: Rajasthan High Court
The Rajasthan High Court has held that accepting report of service of summons is a solemn act and not merely a formality. It is court's duty to examine the process serving officer if the report was not an affidavit. And even if the report was on affidavit, it is court's discretion to examine the officer to ascertain the correctness of the report. The bench of Justice Anoop Kumar Dhand...
POCSO Act Ignores 'Adolescent Autonomy': Rajasthan High Court Suggests Govt To Exempt Consensual Relationships Of Young Adults
The Rajasthan High Court has urged the Centre to comprehensively review the statutory framework under the POCSO Act, in light of the existing gap between the protective intent of the Act and the sociological reality of adolescent autonomy.The bench of Justice Anil Kumar Upman suggested to consider introduction of a clause granting exemption in cases where the supposed perpetrator and victim...
Dual Claims Under MV Act and Workman's Compensation Act Impermissible: Rajasthan High Court Orders Refund To Insurer
The Rajasthan High Court has asserted that claimants cannot be allowed to claim compensation both under the Motor Vehicles Act, 1988 (“MV Act”) and the Workmen's Compensation Act, 1923 (“WC Act”), for the same accident, and opined that once the compensation was received under one Act, filing subsequent claim under another Act was abuse of the process of law.The bench of Justice...
Past Minor Penalties Can't Trump Consistent 'Outstanding' Service Record: Rajasthan High Court Quashes Compulsory Retirement
The Rajasthan High Court has set aside the order of compulsory retirement of a police inspector based on “ineffectiveness”, opining it to be arbitrary and based on selective reliance on minor penalties while ignoring his consistent outstanding service record that reflected “good” and “very good” performance.The bench of Justice Farjand Ali held that the State failed to follow...
Rajasthan High Court Calls For Nationwide Public Awareness Campaign Against Digital Scams, Flags Misuse Of Social Media Data
While expressing pain over the rise in digital scams costing people their hard-earned money, Rajasthan High Court said that it is right time to launch a public campaign through print, electronic, social media, television and radio, to reach the general public and create awareness about remaining careful while doing any online transactions. The bench of Justice Anoop Kumar Dhand further took...
High Income Of Husband Doesn't Automatically Mean High Maintenance For Wife: Rajasthan High Court
The Rajasthan High Court has rejected a petition filed by a wife seeking enhancement of maintenance from Rs. 8000 per month, on the ground that the husband was earning more than Rs. 1.5 Lakhs per month, opining that maintenance could not be claimed on a straight-jacket formula that a fixed proportion of husband's income had to be awarded. "The law does not envisage that because the husband...
Minor Discrepancies, Hostile Witnesses Can't Derail Conviction: Rajasthan HC Upholds S.324 IPC Conviction, Reduces Sentence After 33 Years
While hearing appeals against conviction orders for the offence of voluntarily causing hurt (section 324, IPC) Rajasthan High Court held that minor discrepancies in the cross-examination owing to natural lapse of memory did not falsify the prosecution case.The bench of Justice Arun Monga further opined that hostility of witnesses, which was common in criminal trials, was a clear indication...
'No One Above Law': Rajasthan High Court Issues Show-Cause Notice To Deputy Collector For Defying Judicial Orders
The Rajasthan High Court has taken serious note of a Deputy District Collector and Magistrate's repeated non-compliance of its orders requiring expeditious adjudication of an application filed by a 70 year old widow under the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 (“the Act”).While underscoring the object of the Act to provide financial security to...
Railways Responsible For Goods Till Proper Delivery: Rajasthan High Court Upholds ₹10 Lakh Compensation For Damaged Consignment
The Rajasthan High Court has upheld the compensation of nearly Rs. 10 lakhs imposed on the Western Railway towards damaged consignment of fertilisers, opining that even after being unloaded at the destination, the consignment remained under the control and supervision of the Railways.While highlighting utmost carelessness and negligence on part of the Railways, the bench of Justice Anoop...
Poverty Can't Defeat Liberty: Rajasthan High Court Recalls ₹1 Lakh Deposit Condition, Orders Release Of NDPS Convict
The Rajasthan High Court has recalled the monetary condition imposed on the release of the applicant, an NDPS convict, owing to which he was not able to get out of jail, despite being released from prison on bail after around 8 years, and directed the trial court to release him. The bench of Justice Anoop Kumar Dhand held that poverty and penalty should not hinder the right to life and...