Rajasthan High Court
Drug Abuse Among Youth Affects Societal Harmony, Addicts Are An Added Burden To Law-Abiding Population: Rajasthan High Court
The Rajasthan High Court rejected the bail application of an accused booked under the NDPS Act and observed that violation of Sections 42 and 43 of the NDPS Act (the “Act”) could not be considered by the Court at the stage of granting bail. These questions can only be answered at the trial stage in light of all the evidence put forth. It said:“Youth forms the basic unit of the society....
'Case Of Judicial Indiscipline': Rajasthan High Court Proposes Action Against Judicial Officer For Ignoring HC Order While Framing Charges
Considering the actions of the trial court as a case of 'disobedience and judicial indiscipline' for ignoring the directions issued by a single bench of the Rajasthan High Court, the Court directed the matter to be placed before the same coordinate bench for taking action against the presiding officer of the concerned trial court.The bench of Justice Ashok Kumar Jain was hearing a...
Rajasthan High Court Calls For 'Zero Tolerance Policy' Against Unqualified Proxy Teachers In Govt Schools, Issues Interim Directions
The Rajasthan High Court has taken serious note against the increasing issue of teacher absenteeism, and ineligible and unqualified proxy teachers in government schools of Rajasthan, wherein government employed teachers illegally appoint unemployed youths who may not even have the basis qualifications to teach, to work in their place, "playing with the future and career of the students...
Suspending Registration Of Vehicle Without Providing Opportunity For Hearing Is Void Ab Initio, Illegal: Rajasthan High Court
The Rajasthan High Court has allowed an appeal by the appellant challenging an order of the Transport Department suspending his vehicle's registration without affording any opportunity for a hearing. It was held that the order was made by the Transport Department in excess of its lawfully prescribed authority and thus was void ab initio illegal.The petition was filed by an individual...
IIM Udaipur Moves High Court Against Lok Adalat Order Directing Fee Refund To Student Who Withdrew After Cut-Off Date, Stay Granted
In a civil writ petition filed by Indian Institute of Management (IIM) Udaipur, the Rajasthan High Court has stayed an order of the Permanent Lok Adalat, Ajmer directing the institution to refund the fees of a student who had withdrawn his admission after the cut-off date stipulated for refund of fee.The respondent had taken admission in the institute, however, after getting an offer from...
Recovery Notice Issued By Mining Dept To Be Preceded With Demand Order: Rajasthan High Court
The Rajasthan High Court has set aside recovery notices issued by the Department of Mining and Geology, Government Secretariat, Jaipur, for recovering amount payable against Short Term Permit (“STP”) granted to the petitioner, without any preceding order of demand of such recovery. Bench of Justice Avneesh Jhingan observed it was trite law that recovery notices have to be preceded with...
Refusal To Undergo Medical Examination Not Enough To Negate Minor's Accusation Of Rape: Rajasthan High Court
The Rajasthan High Court has made it clear that a minor rape victim's refusal to undergo medical examination alone cannot be the basis to disbelieve the allegations levelled by her.The bench of Justice Rajendra Prakash Soni thus refused anticipatory bail to a POCSO accused on the alleged ground of false implication. It said,“On perusal of the record and upon consideration of the submissions,...
“Writ Of Quo Warranto Meant To Prevent Abuse Of Public Offices”: Rajasthan High Court Removes Ineligible Nagar Parishad Executive Officer
The Rajasthan High Court has reiterated that the very purpose of seeking a writ of quo warranto is to prevent the abuse or usurpation of public offices and to ensure that those who hold such positions do so legitimately and within the bounds of the law.The observation was made by Justice Sameer Jain while setting aside the Respondent's appointment, belonging to Executive Officer-III category,...
Depression, Old Age, Assessee's Status As Small-Scale Surveyor To Be Considered As Genuine Hardship; Rajasthan High Court Condones Delay
The Rajasthan High Court has allowed the application seeking condonation of delay under Section 119(2)(b) of the Income Tax Act in order to claim a refund for the assessment year 2009-10 to 2014-15 on the grounds of genuine hardship.The bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman has observed that the depression, old age, long pendency of the issue, and the...
When Multiple Contradictory Dying Declarations Are Recorded, One Given To Magistrate Must Be Relied Upon: Rajasthan High Court
The Rajasthan High Court has reversed and set aside a conviction order after 35 years, acquitting the surviving accused out of the total three accused who were convicted of murder and sentenced to life imprisonment by the trial court in 1989.The division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman observed that in case of multiple dying declarations which are...
Witnesses Of Extra-Judicial Confession Related To Victim, 'Tailor-Made' To Bolster Prosecution Case: Rajasthan HC Grants Bail To Kidnapping Accused
The Rajasthan High Court has granted bail to an accused booked under Section 365 for kidnapping upon finding that after the eye-witness of the prosecution turned hostile, the case relied on two other prosecution witnesses to whom the accused had allegedly confessed the commission of the offence. However, the Court found that witnesses to be tailor-made only to bolster the prosecution...
No Sufficient Cause: Rajasthan HC Declines To Condone 'Inordinate Delay' In Filing Appeal By Party Who Made Unsubstantiated Mental Illness Claims
The Rajasthan High Court has rejected an application for condonation of delay filed after 3 years due to the petitioner's alleged mental illness leading him to be unaware of the proceedings. A single bench of Justice Avneesh Jhinghan observed that the delay could not be condoned mechanically in the absence of any sufficient reason. It was found that the petitioner had failed to furnish...