Rajasthan High Court Allows Couple To Cure Defects In Application For 'Inter-Caste Marriage Help Scheme' With Almost 7 Yrs Delay

The bench of Justice Anoop Kumar Dhand at the Rajasthan High Court granted relief to an inter-caste married couple whose claim under the Dr. Savita Ben Ambedkar Inter-Caste Marriage Help Scheme (“the Scheme”) was rejected for not curing the defect in the application within a period of one month.The Scheme was started by the Government of Rajasthan to promote marriages between Hindu...

Rajasthan HC Junks Man's Plea Seeking Dismissal Of Daughter-In-Law From Service Over FIR For Allegedly Abetting Son's Suicide, Imposes 50K Costs

Rajasthan High Court imposed a cost of Rs. 50,000 on a father-in-law for filing a “baseless” writ petition seeking removal of his daughter-in-law from the post of patwari on the grounds of a pending FIR against her filed by him alleging her of abetting his son's suicide. The bench of Justice Anoop Kumar Dhand ruled that it was a settled position of law that process of law should not...

Govt Teacher Burning Education Minister's Effigy Is Guilty Of Official Misconduct, Cannot Be Tolerated Under Freedom Of Expression: Rajasthan HC

While terming it one of the most glaring cases of insubordination, the Rajasthan High Court rejected a petition filed against the suspension of a Government teacher for hurling slogans and using unparliamentary language against the Education Minister, burning his effigies and also raising hoarding belittling him, ruling that such unruly behaviour could not be tolerated in the name of freedom...

Rajasthan HC Directs Civic Body To Decide Pending Construction Applications Under Revised Zonal Master Plan 2030 For Mt Abu Within 4 Weeks

In light of the revised Zonal Master Plan 2030 for Mount Abu being published by a notification dated December 11, 2024, the Rajasthan High Court directed resubmission of pending applications for constructions in Mount Abu under the revised Master Plan within a week and asked the Municipal Board, Mount Abu, to decide such applications within 4 weeks thereafter.“In view of the discussions...

Candidate Turns 100% Blind After Submitting Application: Rajasthan HC Permits Him To Change Category, Avail PwD Quota; Calls It 'Act Of God'

Rajasthan High Court allowed writ petition filed by a candidate for the post of a teacher for changing his category from “unreserved” to “physically handicapped” when his blindness transformed from 40% to 100% in between submission of application and publication of result.Opining it to be an instance of Vis Major (Act of God), the bench of Justice Anoop Kumar Dhand ruled that...

Candidate Not Responsible For State's Mistake In Issuing Experience Certificate, Cannot Be Denied Appointment: Rajasthan High Court

Rajasthan High Court observed that the State could not take advantage of its own wrong of issuing an incorrect experience certificate to the petitioner and then making her run from pillar to post, and rejecting her candidature for the post of Auxiliary Nurse & Midwives based on such mistake.The bench of Justice Arun Monga was hearing a petition filed by a candidate for the post of...

Fully Developed Foetus Has Right To Enter This World, Live A Healthy Life: Rajasthan High Court Declines Termination Of 30 Weeks Pregnancy

While rejecting the application for termination of 30 weeks pregnancy by an alleged rape victim, the Rajasthan High Court reiterated that a fully developed foetus also has the right to life under Article 21 of the Constitution.“The medical report indicates that fetus is gaining weight and fat and is closure to its natural birth. Vital organs, like brain and lungs are almost fully...

16-Yrs Delay In Completing AIIMS Jodhpur Trauma Centre: Rajasthan HC Pulls Up State, Expresses Inclination To Impose ₹50 Crore Cost

The Jodhpur bench of the Rajasthan High Court pulled up the State Government for persistent delays in completion of “critical infrastructure projects” at AIIMS Jodhpur including a trauma centre and expressed its inclination to impose a cost of Rs. 50 crore as well as initiate action for criminal negligence against erring officials.The court however went on to grant one last opportunity to...

Rajasthan High Court Monthly Digest: November 2024

Citations: 2024 LiveLaw (Raj) 328 To 2024 LiveLaw (Raj) 377NOMINAL INDEXJakir Khan v State of Rajasthan & Anr. 2024 LiveLaw (Raj) 328Hemlata Choudhary v the State of Rajasthan & Anr. 2024 LiveLaw (Raj) 329Smt. Suman Lata Kapur v the State of Rajasthan & Ors. 2024 LiveLaw (Raj) 330Anju Parihar v Looni Devi 2024 LiveLaw (Raj) 331Umesh Kumar & Anr. v Lila Bai & Anr. 2024...

When Deceased Govt Employee Married Second Wife Without Divorcing First Wife, Only The Latter Will Get Family Pension: Rajasthan High Court

Rajasthan High Court has accepted the petition by the first wife of a deceased government employee for family pension on the grounds that no valid divorce took place between them since “social divorce” was not recognized by our legal system. In this light, since the marriage with the second wife was not valid as per the Hindu Marriage Act, 1955 (“the Act”), she could not be seen...

S.175 BNSS | Magistrate Can't Order Registration Of FIR Like 'Rubber Stamp' Especially In Complaints Arising From Family Disputes: Rajasthan HC

Rajasthan High Court quashed an FIR filed by the police on directions from the CJM based on a complaint under Section 175(3), BNSS, calling it a “rubber-stamp decision making” and observing complete judicial oversight on part of the CJM. It was opined that no judicial mind was applied for making an independent determination regarding prima facie existence of the case against...

Can Rape, POCSO Act Convicts Be Shifted From Jails To Open Air Camps? Rajasthan High Court Refers Issue To Larger Bench

Taking note of the conflicting views, Rajasthan High Court has referred the issue of Whether a prisoner, convicted for the offence under Section 376 IPC/POCSO Act, undergoing the sentence of imprisonment in Jail, can be shifted to Open Air Camp, to a Larger bench.“There is no exact decision on the legal issue involved in this petition, rather there are conflicting opinions and views...