Rajasthan High Court
Rajasthan HC Denies Relief To Govt Job Aspirants Excluded From Selection Process For Improperly Filling OMR Sheet
The Rajasthan High Court has denied relief to candidates of a public examination, who incorrectly filled their OMR sheets after failing to follow instructions, leading to the rejection of their sheets from the evaluation process. The Court said:“It is of utmost importance that in order to preserve the sanctity of the selection process for filling up posts under public employmentthe...
Trial Court Rejecting Application For FSL Report Of Weapon In Attempt To Murder Case Leads To Miscarriage Of Justice: Rajasthan High Court
The Rajasthan High Court set aside the order of an Additional Sessions Judge that had disallowed the application filed by the complainant seeking an FSL report of the alleged weapon and the blood-stained clothes in a case of attempt to murder.The court held that denying the FSL report which would assist the trial court in correctly concluding the role of the accused was a miscarriage of...
Rajasthan HC Orders Action Against Medical Officer Who Erroneously Classified Victim's Injuries As Life-Threatening In Attempt To Murder Case
A bench of Justice Rajendra Prakash Mishra at the Rajasthan High Court has frowned upon an allegedly erroneous report prepared by a medical officer in an attempt to murder case and directed the Secretary, Medical and Health Department to take appropriate action against the officer.The Court was hearing a bail application filed by the accused who was booked for attempt to murder. After...
Seizure Memo Loses Credibility If Prepared At Police Station And Not Place Of Recovery: Rajasthan High Court
Rajasthan High Court recently granted bail to an accused booked for attempt to murder and under the NDPS Act, observing that the credibility of the seizure memo loses its significance if it was not prepared at the same place from where the recovery was made but was taken by the police to the police station to prepare the same.The bench of Justice Farjand Ali was hearing a bail application...
Contract Terminated By An Awardee Following Due Process Cannot Be Subsequently Novated By Awardee Itself: Rajasthan High Court
The Rajasthan High Court has ruled that a contract terminated by an awardee following due process cannot be novated by the awardee itself. The Court also held that an administrative order cannot set at nought a duly considered decision or adjudicated order which had bearing on the civil or business rights of contracting parties.A bench of Justice Dinesh Mehta held that "the grant and...
"Discrimination Based On Physical Attribute": Rajasthan High Court Grants Relief To Woman Denied Geologist Post Citing 1cm Short Height
In a significant ruling by the Rajasthan High Court, the bench of Justice Farjnad Ali granted relief to a woman fighting to get the post of the geologist that she had secured based on merit but was denied by the government since she was considered 1 cm shorter than the minimum limit prescribed in some guidelines.The Court held that when the service rules for the post did not prescribe...
Rajasthan High Court Grants Bail To Man Booked For Sending 'Dummy Candidate' To Take Govt Examination On His Behalf
The Rajasthan High Court granted bail to an accused booked for sending a dummy in an examination for the post of teacher based on the revelation that the candidate was not apprehended in the examination hall, and rather that the case was lodged one year after the examination was held.The bench of Justice Farjand Ali was hearing the bail application filed by the accused. It was alleged that...
"Cruelty Case By Daughter-In-Law Not Related To Official Duty": Rajasthan HC Grants Retiral Benefits To Deceased Govt Employee's Heirs After 21 Yrs
The Rajasthan High Court has granted relief to the heirs of a deceased government employee whose retiral benefits were suspended by the government pursuant to the filing of a case under Section 498A, IPC against his son and all other family members including himself by his daughter in law.The Court held that retiral benefits awarded at the time of superannuation cannot be subject to...
Advance Ruling Application Not Restricted Only To Supplier: Rajasthan High Court Quashes AAR's Order Rejecting Application
The Rajasthan High Court, Jaipur Bench, has quashed the AAR's order rejecting the application for the advance ruling as not maintainable on the grounds that the applicant was not the supplier.The bench of Justice Avneesh Jhingan and Justice Ashutosh Kumar has observed that the appeal against the advance ruling is provided under Section 100 of the CGST Act. The concerned officer,...
S.24 CPC | Successful Transfer Petition Before District Court Cannot Be Challenged By Filing Another Transfer Petition In HC: Rajasthan HC
Rajasthan High Court has ruled that a successful transfer petition under Section 24, CPC, before a district court cannot be challenged before the high court by filing another transfer petition under Section 24, CPC. The Court opined that Section 24 provides for concurrent jurisdiction of the district court and the high court, hence, an unsuccessful party before a district court may...
Right To Speedy Trial Cannot Be Taken Away Citing Heinousness Of Crime: Rajasthan High Court Releases Murder Accused After 3 Years
Rajasthan High Court recently granted bail to an accused charged for murder on the grounds of protracted trial. The court observed that right to have a speedy trial was guaranteed by the Constitution of India and it could not be taken away from the accused for the reason of seriousness or heinousness of the crime. It is imperative for the prosecution to adduce evidence at the...
Rajasthan High Court Directs Action Against Investigating Officer For Inserting Inaccurate, 'Imaginary' Facts In Dowry Death Case
Rajasthan High Court identified serious shortcomings and inaccuracy in the investigation and charge sheet filed by an IO in a case of dowry death, and directed DG Police and Superintendent of Police to take necessary action. The Court observed that it was imperative for the IO to maintain high level of accuracy and candidness in the investigation of an offence as grave as dowry...