Rajasthan High Court
Rajasthan High Court Holds Arbitral Award To Be Patently Illegal Due To Concealment Of Material Facts, Violation Of HC Order
The Rajasthan High Court Bench of Justice Pankaj Bhandari and Justice Praveer Bhatnagar has held that it was the bounden duty of the respondent to apprise the Arbitral Tribunal about the dismissal of the writ petition. Non-disclosure of the same, tantamount to grave misconduct on part of the respondent. Additionally, the court observed that the use of the word 'however' does not mean...
Rajasthan High Court Refuses To Quash Cheque Bounce Case Against Man Who 'Avoided' Arrest For 12 Years
The Jaipur bench of the Rajasthan High Court rejected a man's quashing petition booked in a cheque bouncing case sought on the ground of compromise between parties, after noting that the plea was in effect a "review" of an earlier revision petition which had already been dismissed by the court last year. In doing so the high court refused to interfere with a coordinate bench's decision...
Cheque Bounce Cases Semi Criminal/Civil In Nature, Presence Of Accused In Hearing Not To Be Insisted Upon: Rajasthan High Court
The Jodhpur bench of the Rajasthan High Court has recently ruled that presence of accused particularly in cheque bouncing cases–which are semi-criminal/civil in nature, should not be ordinarily insisted upon, unless the trial court needs to either examine the accused or their statement is to be recorded.A single judge bench of Justice Arun Monga was hearing a quashing plea of a man booked...
Rajasthan High Court Drops Grievous Hurt Charge In FIR Against Temple Security Guards After Complaint By Judicial Officer's Wife
While hearing a plea for quashing an FIR against two security personnel manning the 1300-year-old Eklingji temple, booked for alleged assault in a complaint filed by the wife of a judicial officer, the Jodhpur bench of the Rajasthan High Court went on to drop the offence of grievous hurt alleged against the two men from the FIR. In doing so, the court observed that the FIR was bereft of...
HC Allows Formation Of Committee To Redress Grievances Of Protesting Doctors In Jaipur, Says Professionals Like Doctors & Lawyers Cannot Go On Strike
Rajasthan High Court has affirmed the suggestion given by the Secretary, Medical Education, on behalf of the State of Rajasthan to formulate an internal committee to address the grievances of around 7000 resident doctors (Jaipur Association of Resident Doctors- JARD) being on strike since October 19, 2024, impacting the medical services in the state.The bench of Justice Sameer Jain was hearing...
Psychological Aspect Not Enough To Put Two Lives In Danger: Rajasthan HC Dismisses Plea For Termination Of Minor Rape-Survivor's Pregnancy
Rajasthan High Court rejected a petition by the father of a minor rape victim for termination of his daughter's 26-weeks pregnancy, since the same was medically opined as dangerous for both the girl as well as the foetus.The bench of Justice Avneesh Jhingan ruled that the social, economic and psychological impacts were to be taken into consideration while taking the decision, however,...
Right To Dignity Under Article 21 Includes Being Able To Attend Once In A Lifetime Family Rituals Like Son's Wedding: Rajasthan High Court
Rajasthan High Court has ruled that Right to Life under Article 21 of the Constitution of India also includes Right to live with dignity that encompasses attending once in a lifetime family rituals like right of a father to attend son's marriage.The bench of Justice Arun Monga was hearing a petition filed on behalf of the accused who was in judicial custody for last 6 years on multiple FIRs...
Right To Travel Abroad Is A Basic Human Right, Denying Permission To Travel Due To Pending Dept Enquiry Violates Article 21: Rajasthan HC
Rajasthan High Court has affirmed that the pendency of departmental enquiry could not be a ground to deny permission to employees to travel abroad. Such rejection of permission amounted to a violation of the fundamental right to personal liberty under Article 21 of the Constitution which could not be taken away except in accordance with the procedure established by law.The bench of Justice...
Rajasthan HC Seeks Identity Of 'Intruder' Who Caused Chaos In Online Proceedings, Directs Admin To Modify VC System To Filter Participants
After an unwelcomed intruder interrupted the online open court proceedings by passing scathe and scurrilous comments, the Rajasthan High Court, asked the Registrar General and Registrar-cum-CPC to ascertain his identity and to explore possibilities of modifying the Webex Meeting System so that a person could not enter the online Court proceedings without the permission of the...
Right To Live With Dignity Includes Being Able To Fulfil Marital Vows Towards Spouse Taken During Saptapadi Ceremony: Rajasthan High Court
Rajasthan High Court has ruled that Article 21 includes the right to live with dignity as a human being which necessarily also entailed to act as a good husband in terms of marital vows taken during the saptapadi ceremony as per Hindu rituals.The bench of Justice Arun Monga was hearing a petition by the accused who was in judicial custody for last 2 years in relation to multiple FIRs for...
Rajasthan High Court Seeks BCI's Response On Plea Challenging Its Power To Extend Term Of State Bar Council Members Beyond Statutory Period
Rajasthan High Court sought reply from the Bar Council of India (“BCI”) in a petition challenging the amendment to Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rule, 2015 (“the Rules”) and thereby empowering itself to extend the term of elected members of State Bar Councils prescribed under Section 8 of the Advocates Act, 1961 (“the...
Father's Protest Petition Against Daughter-In-Law For Abetting Son's Suicide Not Ground To Deny Her Compassionate Appointment: Rajasthan HC
While rejecting petition filed by the father of a deceased government employee, the Rajasthan High Court ruled that pendency of a protest petition against a negative police report in a case of abetment to suicide filed against the wife of the deceased was not a sufficient ground to deny her compassionate appointment.The bench of Justice Mahendar Kumar Goyal was hearing two petitions. First...