Rajasthan High Court
Rajasthan High Court Quashes FIR Lodged In Bengaluru Citing Settlement Between Parties
The Rajasthan High Court recently quashed a FIR lodged beyond its territorial jurisdiction- in Karnataka's Bengaluru, citing settlement between the married couple.Counsel appearing for the parties had relied upon Navinchandra N. Majithia Vs. State of Maharashtra & Ors. (2000) to argue that even if one of the impugned FIRs is registered out of the territorial jurisdiction of the Court,...
Submitting False Injury Report Highly Despicable, Dereliction Of Duty: Rajasthan HC Affirms Compulsory Retirement Of Medical Officer
Rajasthan High Court refused to grant relief to the medical officer who had committed dereliction of duty by submitting a factually wrong injury report in a case. Frowning upon the conduct as highly despicable, the Court observed that for such conduct, compulsory retirement was not a disproportionate punishment warranting any interference of the Court. It was held:“It is apparent that...
Confession U/S 27 Evidence Act Not Reliable Until There Is Discovery To Corroborate Its Veracity: Rajasthan High Court
Rajasthan High Court ruled that any information gathered under Section 27 of the Indian Evidence Act, 1872 (“the Act”), is required to be corroborated and supported by recovering or discovering something in pursuance to that information which distinctly relates to the commission of the crime to verify the confession made by the accused to the police officer. Section 27 of the...
Availability Of Civil Remedy No Grounds To Disallow Continuation Of Criminal Proceedings, Both Remedies Are Co-Extensive: Rajasthan HC
The Rajasthan High Court has ruled that the availability of a civil remedy does not preclude setting of criminal proceedings in motion. It was held that the two remedies are not mutually exclusive but co-extensive having different content and consequences. It held:“It is an anathema to suppose that when a civil remedy is available, a criminal prosecution is completely barred. The two types...
NDPS Act | Preparing Seizure Memo At Place Other Than Scene Of Recovery Makes Seizure Defective, Creates Reasonable Doubt: Rajasthan High Court
Rajasthan High Court has ruled that a seizure memo needs to be prepared by the seizure officer at the spot of recovery of contraband material under the NDPS as prescribed under the Standing Instruction issued by the Narcotics Control Bureau failing which the seizure becomes defective, raising reasonable doubt in relation to the manner of seizure. The bench of Justice Rajendra Prakash...
Rajasthan High Court Sets Aside Administrative Order Dismissing Plea Of Stenographer Challenging Adverse Remarks In Annual Assessment
The Rajasthan High Court set aside an administrative order dismissing a representation by an aggrieved stenographer, promoted to the post of private secretary cum judgment writer, against adverse remarks received in annual assessment. The petitioner had received certain adverse remarks in the Annual Performance Assessment Report (“APAR”) against which he had submitted a...
Rajasthan High Court Grants Bail To NDPS Accused Who Allegedly Open Fired On Police To Evade Arrest
Rajasthan High Court has granted bail to an accused booked under Narcotic Drugs and Psychotropic Substances Act (NDPS) Act who allegedly open fired at the policemen at the time of arrest.It is alleged that during raid when commandos began to surround the accused, gunfire was exchanged, resulting in the death of the co-accused and injuries to the applicant. The police alleged recovery of...
Trial/Investigation For FIR Lodged Before Enforcement Of New Criminal Laws To Be Governed By CrPC, Not BNSS: Rajasthan High Court
Rajasthan High Court has ruled that where an FIR was registered under Section 154 of CrPC prior to July 1, 2023, it would amount to a pending enquiry/investigation within Section 531(2)(a) of Bharatiya Nagarik Suraksha Sanhita, 2023, (“BNSS”). Hence, the entire subsequent investigation procedure and even the trial procedure in relation to that FIR shall be governed by CrPC and...
Hindu Deity Cannot Hold Land As 'Jagir' If Land Was Cultivated By Or Through Tenant: Rajasthan High Court
The Rajasthan High Court has affirmed that pursuant to the Rajasthan Land Reforms & Resumption of Jagir Act, 1952 (“the Act”), Hindu Idols (deity) could hold lands as Jagir only when such land was cultivated by the Shebait/Pujari for such deity either themselves or through hired labour or servant engaged by them so as to be protected from resumption/acquisition under the Act. If the...
Illegal, Arbitrary And Unconstitutional: Rajasthan High Court Grants Relief To Constable Dismissed From Service Without Inquiry
Rajasthan High Court has set aside an order of the superintendent of police passed under Section 19(ii) of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (“the Rules”) for being wholly illegal, arbitrary and unconstitutional.Rule 19(ii) of the Rules provides that where the disciplinary authority is satisfied that it is not reasonably practicable to follow...
Rajasthan High Court Refuses Bail To Alleged Drug Peddler To Attend Sister's Marriage
The Rajasthan High Court recently denied interim bail to an accused under the Narcotics Drugs and Psychotropic Substances (NDPS) Act, who sought to be released for 40 days to attend his sister's wedding.The interim bail application was filed contending that petitioner's presence at home was necessary for the sister's wedding and that there was no likelihood of him fleeing away.Public...
S.31 State Financial Corporation Act Only Provides Procedure For Enforcement Of Claims Against Debtor, Surety; No Decree Can Be Passed: Rajasthan HC
Rajasthan High Court has held that no independent execution petition is maintainable regarding a successful application under Section 31 of the State Financial Corporations Act 1951 (“the Act”) since the application under Section 31 cannot be termed as plaint in a suit in which a money decree could be passed by the court.Section 31 of the Act provides for special provisions for enforcement...