Rajasthan High Court Grants Bail To Husband Noting That His Extra-Marital Affair Would 'Per Se' Not Attract Abetment Of Wife's Suicide

While granting bail to a man accused of abetting his wife's suicide, the Rajasthan High Court recently observed that solely because a husband was involved in an extra-marital relationship and there was some suspicion in the wife's mind, cannot be regarded as abetment under Section 306 IPC. After considering the facts of the case, a single judge bench of Justice Rajendra Prakash Soni said,...

Mere Failure To Repay Loan Not Cheating Or Criminal Breach Of Trust: Rajasthan High Court Reiterates

Rajasthan High Court has reiterated that no criminal case for breach of trust (Section 405, IPC) and/or cheating (Section 415, IPC) lies against someone who failed to repay loan amount, in absence of any other fact for attracting the offences.The bench of Justice Rajendra Prakash Soni was hearing a quashing petition filed by the accused charged under Sections 405 and 415, IPC, pursuant to an...

'Unjust Inclusion In Chargesheet': Rajasthan HC Quashes Corruption Case Against Development Officer's 100 Yrs Old Father, 96 Yrs Old Mother

The Rajasthan High Court recently quashed a decade old charge under the Prevention of Corruption Act against a man's 100-year-old father, 96-year-old mother and wife after noting that no significant evidence had been brought out against them by the prosecution in last 10 years, and that they were included in the charge sheet in an unjust manner. Taking note of the parents old age, single bench...

Safeguard U/S 50 NDPS Act Pertaining To Manner Of Search Crucial In Protecting Individual From Coercive Police Action: Rajasthan High Court

While granting bail to a man booked under the Narcotic Drugs and Psychotropic Substances Act for non compliance of Section 50 by the police while conducting search, the Rajasthan High Court said that the safeguard provided under the section is significant in protecting a person from coercive police action. For context, Section 50 of the Act pertains to the conditions under which search of...

Motor Accidents Claims Tribunal Can Review Its Order If Obtained Through Fraud Or Misrepresentation: Rajasthan High Court

Rajasthan High Court has ruled that even though a Motor Accidents Claims Tribunal (“the Tribunal”) does not have the power to review its own order under CPC if it is convinced that an order passed by it was obtained through fraud or misrepresentation, it is empowered to recall the order via a review of that order.A bench of Justice Rekha Borana was hearing a petition against an order of...

No Encroachment Can Be Permitted On Govt Or Forest Land On Grounds Of "Religious Feelings": Rajasthan High Court

The Rajasthan High Court dismissed writ petition filed by Shri Shantinath Digamber Jain Atishay Shetra seeking regularisation of the possession of ghair-mumkin pahad forest land, in their favour claiming that the centuries-old statues of Lord Mahaveer Swamy and Lord Parshwanath were unearthed from the land and thus as per the Jain scriptures, it was a holy place on which the statues needed to...

Failure To Name Arbitrator In Legal Notice Does Not Invalidate Arbitration Invocation: Rajasthan High Court

The Rajasthan High Court bench comprising Dr. Justice Nupur Bhati has held that the invocation of an arbitration clause, which required the Applicant to name an Arbitrator, is valid under Section 11 of the Arbitration and Conciliation Act, 1996, even without naming an arbitrator in the legal notice, as long as the existence of an arbitration agreement is prima facie established....

Reducing Grant Of Aided Institutions Affects Students' Education, Requires Adhering To Natural Justice Principles: Rajasthan High Court

The Jaipur bench of the Rajasthan High Court has said that Section 7(1) of the Rajasthan Non-Government Educational Institutions Act–which states that grant in aid cannot be claimed as a matter of right by institutions and can be halted anytime by the state–comes into play only at the initial stage when the aid gets sanctioned. Once such aid has been granted, any subsequent...

Rajasthan HC Consolidates 259 FIRs Against Sanjivani Group Chairman, Says Process Became Punishment Due To Violation Of Right To Speedy Trial

Rajasthan High Court invoked its inherent powers under Section 482, CrPC, to consolidate 259 FIRs filed against the chairperson of Sanjivani Credit Cooperative Society (“Petitioner”) into different bunches based on the geographical locations of these FIRs and observed that in light of these many cases, the Petitioner was being shunted from one place to another without having any...

Rajasthan High Court Monthly Digest: August 2024

Citations: 2024 LiveLaw (Raj) 184 To 2024 LiveLaw (Raj) 232NOMINAL INDEXM/S Ak Jilshan v State of Rajasthan & Ors. 2024 LiveLaw (Raj) 184Manju Garg v State of Rajasthan 2023 LiveLaw (Raj) 185Gopal Mehra & Ors. v State of Rajasthan & Ors 2024 LiveLaw (Raj) 186Shakti Gurjar v State of Rajasthan 2024 LiveLaw (Raj) 187M/S Sant International Jewellers v the State of Rajasthan &...

Denying 10-Yrs Passport Validity To Undertrial Lacks Statutory Backing, Undermines Presumption Of Innocence: Rajasthan High Court

Rajasthan High Court has ruled that reducing the validity period of passport from prescribed 10 years to only 1 year for an under-trial person without cogent reasons amounts to arbitrary restriction on the principle of presumption of innocence enshrined under Article 21 and was violative of principles of justice, equity and fairness.The bench of Justice Arun Monga was hearing a petition filed...

Distributing Marks Of Deleted Questions Equally Among Remaining Questions Instead Of Awarding Bonus Marks Is Not Discriminatory: Rajasthan HC

Rajasthan High Court has reiterated that distributing the marks of deleted questions proportionately in the remaining questions of the same subject does not discriminate between candidates since it could not be preempted which question shall be deleted and the disputed questions had been deleted for all aspirants.The bench of Justice Vinit Kumar Mathur was hearing a petition filed by aspirants...