Rajasthan High Court
Expert Committee's Answer Key Can Only Be Interfered With If Demonstrably Wrong, Must Be Assumed To Be Correct In Case Of Ambiguity: Rajasthan HC
Rajasthan High Court has held that interference by the Court with regard to the correctness of an answer key published by the expert committee is permissible only if it is demonstrated wrong, without any inferential process of reasoning or by a process of rationalization and only in rare or exceptional cases.Otherwise, it was stated that the Court should presume the correctness of the answers...
Rajasthan HC Declines Relief To Candidates Terminated From Govt Post After One Year Of Service Due To Modified Answer Key And Revised Merit List
Rajasthan High Court rejected a bunch of petitions filed by aggrieved individuals who were terminated from their post of livestock assistants one year after their service, because of a modified answer key and consequent change in the merit list.The bench of Justice Sameer Jain was hearing a bunch of petitions filed by individuals who were appointed as livestock assistants in 2022 after...
Enforcement Of Foreign Arbitral Award, Repeated Non-Compliance; Rajasthan High Court Sentences Director Of Company Civil Imprisonment
The Rajasthan High Court bench of Dr. Justice Nupur Bhati has ordered the director of a company to one month of civil imprisonment for failing to disclose its assets in the enforcement of a foreign arbitral award. The High Court with its prior judgment ordered the foreign award to be enforceable and executable as a decree of the court. For the enforcement and execution of...
Rajasthan High Court Half Yearly Digest: January To June, 2024
Citations: 2024 LiveLaw (Raj) 1 To 2024 LiveLaw (Raj) 136Writ Petition Against Charge-Sheet Not Maintainable Unless Issued By Authority Not Competent To Initiate Disciplinary Action: Rajasthan HCCase Title: Laxman Singh Gurjar v. Rajasthan State Road Transport Corporation & 2 Ors.Case Citation: Citation: 2024 LiveLaw (Raj) 1The Rajasthan High Court dismissed a writ petition filed by a...
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...