Minor Son Brought To India By Mother In 2018 Is US Citizen, Illegal Migrant In India: Rajasthan HC Allows Father's Habeas Corpus Plea

The Jaipur bench of the Rajasthan High Court allowed a habeas corpus plea filed by the father of a minor child was born and earlier residing in the US, was brought to India by his mother in 2018 and had not returned even after expiration of his visa, ruling that the child shall be considered an illegal migrant in India. A division bench of Justice Pankaj Bhandari and Justice Shubha Mehta...

Temporary Service During COVID-19 Pandemic No Grounds To Ask For Bonus Marks Or Reservation For Post Of Nurse: Rajasthan High Court

Rajasthan High Court rejected petition by a disabled candidate for the post of Female Nurse suffering from 61% polio in both her legs, on the grounds that the guidelines specifying the disabilities eligible for reservation of the post reflected only single-leg disability and held that merely because she temporarily served on the post during Covid, she could not be conferred with any...

Refusing Mutation Due To Pending Property Suit Despite Rejection Of Temporary Injunction Against Bonafide Purchaser 'Arbitrary': Rajasthan HC

Rajasthan High Court has expressed shock on the order of Municipal Commissioner of Udaipur, rejecting a bonafide purchaser's application for entering his name in Revenue Records on the grounds that a dispute was pending in the trial court regarding the property, despite the fact that the trial court had already rejected plaintiff's application of temporary injunction in that case.The bench...

Department Failed To Prove Non-Existence Of Firms: Rajasthan High Court Grants Bail To Assessee Charged For Issuing Fake Invoices

The Rajasthan High Court granted bail to the assessee charged for issuing fake invoices to the firms on the ground that the department failed to prove that these firms are not in existence and their GST registration have been cancelled. The Bench of Justice Ganesh Ram Meena observed that “……there is nothing on record that who claimed how much input tax credit on the...

Rajasthan HC Initiates Suo Motu Case Over Lack Of Hygienic Public Washrooms, Says Women Compelled To Defer Urination, Restrict Water Intake

Rajasthan High Court has taken suo-moto cognizance of the lack of sanitary and hygienic public washrooms for women, making them prone to several health issues.“The facilities as are available to women walking on the street are almost negligible and in no way proportionate to the existing facilities vis-a-vis the women population. Not only are the basic infrastructure/facilities lacking,...

Rajasthan High Court Reprieve To Anganwadi Worker Not Granted Appointment Letter Since 2016 Due To Lapse By Gram Panchayat

Rajasthan High Court provided relief to a successful candidate for the post of Anganwari worker, who although was declared as meritorious in the selection list in 2016, owing to inaction on part of the Gram Panchayat, did not receive any appointment letter till date.The bench of Justice Arun Monga held that the petitioner could not be made to face adverse consequences for inaction or...

Urdu Language Not Widely Known, 'Nikahnama' Should Also Contain Hindi/ English To Make It Comprehensible: Rajasthan High Court

In relation to Muslim marriages, Rajasthan High Court ruled that a sacred relationship like marriage had to be recognized by a document which was unambiguous, vividly clear, explicit and transparent, and should not be issued in a language like Urdu which was not widely known to a society, especially to public servants and officers of the Court.The bench of Justice Farjand Ali held that it...

Collecting Voice Samples Against Wish Of Accused Not Violative Of Right To Privacy, Right Against Self-Incrimination: Rajasthan High Court

Rajasthan High Court has ruled that Article 20(3) of the Constitution of India only states that accused could not be compelled to be a witness against himself and not that the accused could not be compelled to be a witness at all. Consequently, asking the accused to furnish his/her voice samples did not amount to self-incrimination when the incrimination was contingent on comparing that...

Rajasthan High Court Dismisses PIL Challenging Appointments Of AAGs, Law Officers; Says Executive's Domain To Decided Their Suitability

The Rajasthan High Court has dismissed a PIL filed by the national President of “Lashkar-E-Hind”, challenging the appointment of Additional Advocate Generals (“AAGs”) and Law Officers (“LOs”) by the State Government, for lacking any merits and being filed solely on the basis of vague allegations.“The suitability of a lawyer who is engaged by the Government is a matter...

Percentage Of Disability Less Than The Benchmark Level Would Not Render Meritorious Disabled Candidate Unfit For Job: Rajasthan High Court

The Jodhpur bench of the Rajasthan High Court imposed cost of Rs. 50,000 on Oil and Natural Gas Corporation Limited (ONGC) for rejecting the candidature of a person with disability, who was otherwise declared meritorious in the selection process, certifying him as medically unfit for suffering 30% visual impairment.In doing so the court observed that candidate's rejection merely because...

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction

Rajasthan High Court has set aside the conviction of a man (appellant) convicted by the Special POCSO Court on the grounds that when the appellant's counsel refused to appear, instead of appointing an Amicus Curiae at that instance, the trial court closed the evidence.The division bench of Justice Pankaj Bhandari and Justice Shubha Mehta observed that if a counsel refused to appear for...

Litigants Can't Suffer For Advocate's Bona-Fide Mistake: Rajasthan HC Restores Appeal Dismissed For Failure To Serve Notice On Respondent

Rajasthan High Court has ruled that sometimes bonafide mistake could be committed by the counsel for a litigant by not furnishing the requisite notices upon the opposite party, however, instead of applying a hyper-technical approach and rejecting the case, justice oriented approach should be applied.The bench of Justice Dinesh Mehta opined that it was held in multiples cases by the Supreme...