Rajasthan High Court
Rajasthan High Court Modifies Attempted Rape Conviction To Outraging Modesty
A single bench led by Justice Anoop Kumar Dhand of the Rajasthan High Court has granted relief to a man who was convicted of attempted rape by altering charges against him, noting that removing the girl's innerwear and undressing himself did not amount to an attempt to rape. [Suwalal Vs State of Rajasthan]Background:The complaint was filed by the grandfather of the 6-year-old girl. The...
Co-Accused Can't Claim Parity As Matter Of Right Just Because Other Accused Has Illegally Obtained Bail By Concealing Material Fact: Rajasthan HC
Finding that the accused had suppressed the material facts & evidence against her and has committed an act of misrepresentation for getting the order of bail, when the 'evidence of last seen' was there against her along with other co-accused persons, the Rajasthan High Court (Jaipur Bench) held that the accused has deliberately attempted to pollute the stream of justice and...
Art 226 Can't Be Invoked While Exercising Supervisory Jurisdiction Under Art 227 In Matter Of Dispute Between Private Parties: Rajasthan HC
Referring to the decision of Apex Court in the case of Radhey Shyam & Another Vs. Chhabi Nath & Others, (2015) 5 SCC 423, the Rajasthan High Court (Jaipur Bench) held that jurisdiction under Article 226 of the Constitution can't be invoked while exercising supervisory jurisdiction in the matter of dispute between the private parties. The Division Bench of Chief Justice...
Earth Is Priceless, No Plan(et) B: Rajasthan HC Takes Suo Moto Cognizance Of Climate Change, Tells Govt To Enact Laws To Prevent Deaths From Heatwaves
The Rajasthan High Court has taken suo moto cognizance of the incessant occurrence of heatwaves across India during the summer season, due to climate change.The bench of Justice Anoop Kumar Dhand at the Rajasthan High Court has passed various directions, as interim measures, for the Central and State Governments to deal with the emergent deadly impact of the soaring 50 degrees...
Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court
Finding that the entire series of events have nexus with each other and the action of petitioner (SHO) was done in discharge of his official duties, the Rajasthan High Court (Jodhpur Bench) held that the cognizance for offences under Sections 323 and 504 IPC, taken by the Judicial Magistrate against a public servant, posted as Station House Officer (SHO), is unsustainable in law, in absence...
Only Prima Facie Satisfaction Required U/s 124(1)(ii) Of Trademarks Act, Court Not Required To Access Sufficiency Of Evidence: Rajasthan High Court
The Rajasthan High Court bench of Justice Vinit Kumar Mathur held that the court is only required to prima facie under Section 124(1)(ii) of the Trademarks Act, 1999 to satisfy itself with respect to the pleadings taken in the written statement to the effect that the trademark of the plaintiff is invalid. It held that the court is not required to measure the sufficiency or insufficiency of...
Subjective Reasons For Order Of Compulsorily Retirement Should Be Recorded On Material Available On Employee's Service Record: Rajasthan High Court
The Rajasthan High Court bench of Justice Rekha Borana held that an order of compulsory retirement can very well be passed on the subjective satisfaction of the employer/ Government. However, it held that subjective satisfaction should have been recorded based on the material available on the employee's service record. The bench held that such orders can be interfered with if the same...
Crane Services To Transport Department Does Not Constitute Sale: Rajasthan High Court
The Rajasthan High Court, Jaipur Bench has held that crane services to the transport department does not constitute sale.The bench of Justice Sameer Jain has observed that the crane services provided by the respondent-assessee do not constitute sale as provided under Section 2(35)(iv) of the Rajasthan Value Added Tax Act, 2003 and hence, the order of the Tax Board does not call for...
Advocates Owe Duty To Court, Must Advise Clients Against Dishonest Practises Even If It Doesn't Align With Client's Desired Outcome: Rajasthan High Court
The Rajasthan High Court recently observed that an advocate should not blindly follow the instructions of clients if they are unethical, illegal, or contrary to the principles of justice.The said observation was made by the single judge bench of Justice Anil Kumar Upman while hearing a miscellaneous petition under Section 482 of CrPC seeking quashing of an FIR for offences under Sections...
Rajasthan High Court Dismisses Petition Challenging GST Demand On Exhibition Services
The Jaipur Bench of the Rajasthan High Court has dismissed the petition challenging the GST demand on exhibition services.The bench of Justice Pankaj Bhandari and Justice Shubha Mehta did not find any reason to entertain the writ petition as the services received outside India are already taxable at the hands of the receiver of services, who is a registered person in taxable territory,...
'People Can't Take Law In Their Hands': Rajasthan High Court Denies Bail To Three Accused Of Lynching Rape Accused
Rajasthan High Court has denied bail to three persons accused of lynching a man booked earlier for raping the minor daughter of one among them. While denying the bail, the court emphasized that the FIR lodged by the police against the deceased Rohit for rape cannot be used as a shield by the appellants/accused for the purpose of bail in lynching.The single-judge bench of Justice Anil Kumar...
Overstaying Temporary Parole Period Not Bar For Grant Of Permanent Parole Under Rule 14(C) Of Prisoners Rules: Rajasthan High Court
Rajasthan High Court has recently held that overstaying the temporary parole period cannot be imposed as a bar on availing permanent parole under Rule 14(c) of Rajasthan Prisoners (Release On Parole) Rules, 1958.The Division Bench of Justices Inderjeet Singh and Ashutosh Kumar observed that overstaying the parole period cannot be equated with the restrictions contained in Rule 14(c) of the...