Rajasthan High Court
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...
Rajasthan High Court Grants Bail To Rape Accused After Prosecutrix Claims She Concocted Case To 'Get Rid Of Husband'
The Rajasthan High Court has granted bail to an accused charged for rape under IPC as well as POCSO Act, primarily looking at a representation made by the prosecutrix to the Superintendent of Police that revealed that the rape case was merely a façade created by her to malign her own image so that her husband abandons her.After recording of statement under Section 161 CrPC, a representation...
Dishonour Of Cheque Against Valid Loan Sufficient To Prosecute U/S 138 NI Act, Drawee Need Not Have Money Lending License: Rajasthan HC
The Rajasthan High Court has made it clear that in a case of cheque dishonor, it is to be seen is if the cheque was issued in relation to a valid loan and was dishonored without payment, even after giving notice.The bench of Justice Arun Monga said whether the complainant, that is drawee of the cheque, had a license to lend on interest is not relevant in the case of cheque dishonor.It thus...
Rajasthan HC Directs Reinstatement Of Constable 24 Yrs After Dismissal, Rules Different Punishment To Co-Delinquents Violates Article 14
Rajasthan High Court has directed reinstatement of a constable who was dismissed from service 24 years ago, ruling that imposing harsher punishment on a co-delinquent as compared to the other accused, when the charges against both the persons are same, violates right to equality under Article 14 of the Constitution.The bench of Justice Ganesh Ram Meena was hearing a petition filed...
Suit Against Passing Off Maintainable Even If Plaintiff And Defendant Have Identical Registered Trademarks: Rajasthan High Court
The Rajasthan High Court has held that a suit for passing off does not get affected by the two proprietors having similar registered trademarks and hence, it cannot be dismissed on account of Section 28(3) of the Trademarks Act, 1999.Section 28(3) of the Act provides that when two or more persons are registered proprietors of identical trademarks, none of the registered proprietors can file...
Power, Influence Must Never Eclipse Supremacy Of Law: Rajasthan High Court Cancels Bail Of Former MLA For Threatening Witnesses
The Rajasthan High Court has cancelled the bail of former MLA Girraj Singh Malinga (“respondent”) in the assault case filed against him by the assistant engineer at JVVNL, Harshadhipati (“complainant”) in 2022. The Court found him to be misusing the liberty to showcase his strength of power by organizing a rally soon after getting released on bail and intimidating or threatening...
Rajasthan HC Grants Relief To Constable Dismissed From Service 28 Years Back Over Age Dispute, Directs Govt To Extend All Retiral Benefits
Rajasthan High Court has granted relief to a constable dismissed from service 28 years ago on the grounds of forging documents in relation to his age at the time of his appointment.As per the competent authority, Petitioner could not have been below 25 years of age at the time of appointment (as required under applicable Rules) since he was married having three children. Thus he was...
Impleading Tenant In Proceedings For Issuance Of Letter Of Administration Under Indian Succession Act Not Allowed: Rajasthan High Court
Rajasthan High Court has held that a tenant cannot be impleaded under Order 1 Rule X of CPC in relation to proceedings of Section 278 of the Indian Succession Act, 1925 (“the Act”). Section 278 of the Act essentially deals with the issuance of a letter of administration in relation to a property in case the owner dies without a legal will.A bench of Justice Dinesh Mehta was hearing a...
Lok Adalat Cannot Dismisses Case Over Non-Appearance Of Parties: Rajasthan High Court
The Rajasthan High Court has ruled that Lok Adalat does not have the power to "dismiss" a case owing to default in appearance by parties. The Court highlighted Section 20(5) of the Legal Services Authorities Act, 1987 as per which where Lok Adalat is not able to make an award due to no compromise or settlement being reached between the parties, the record of the case needs to be returned by...