Rajasthan High Court
Long List Of Criminal Appeals Pending Hearing: Rajasthan HC Suspends Sentence Of Life Convict Who Served 10 Yrs, Cites Delay In Deciding Appeal
The Rajasthan High Court has suspended the sentence of an individual sentenced to life imprisonment for the offence of murder and released him on bail, pending his appeal in the case. The individual had filed an application under Section 389, CrPC, arguing that he had been in custody for more than 10 years and there was no likelihood of the appeal being taken up in the near future.Section...
Irregularity In Paying Travelling Allowance Does Not Impact Legality Of Employee's Transfer Order: Rajasthan High Court
A division bench led by Justice Pushpendra Singh Bhati of the Rajasthan High Court has held that the determination of the admissibility of travelling allowance shall not be construed as a non-curable defect in the transfer order of an employee.The Court was hearing an appeal filed by a government employee (appellant) who was transferred to another place without being paid the...
Candidates Can't Be Permitted To Amend Application Form Once Correction Window Expires: Rajasthan High Court Reiterates
“Candidature of a candidate can only be considered on the basis of the entries made by a candidate in his/her online/offline application form, including the correction/amendment made in such application form within the period allowed by the recruiting agency," the Rajasthan High Court said.Justice Ganesh Ram Meena reiterated that a candidate cannot be permitted to make correction/amendment...
No Absolute Protection For Govt Employees To Continue Service At Desired Location, Administrative Exigency Precedes Familial Convenience: Rajasthan High Court
The Rajasthan High Court (“the Court”) has reiterated that the scope of judicial review against transfer orders of government employees is minuscule. The Court observed that transfer being part and parcel of a transferable government job, government employees do not have fundamental protection to continue serving at a location of their liking.The bench of Justice Sameer Jain observed that...
S.451 CrPC | Seized Property Can't Be Allowed To Become Junk, Court Should Expeditiously Issue Custody Orders: Rajasthan High Court
The Rajasthan High Court has reiterated that power under Section 451 CrPC for custody and disposal of seized property produced before any criminal court during pendency of a trial, needs to be exercised expeditiously.A bench of Justice Anil Kumar Upman was hearing a petition challenging an order that had declined petitioner's prayer of releasing his car that was seized in relation to an...
Delaying Decision In Service Appeal For 7 Yrs Without Any Reason Amounts To Denial Of Justice: Rajasthan High Court
Rajasthan High Court has frowned upon the 7 years delay in deciding a service appeal by the appellate authority under the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958.“I am of the view that withholding a service appeal, without any reason, for as long as seven years, amounts to denial of justice on the ground of sheer delay,” said the bench of Justice...
Notice Of Pre-Election Disqualification Issued To Councillor Prior To Introduction Of S.39(e) Rajasthan Municipalities Act Not Valid: Rajasthan HC
Rajasthan High Court has ruled that Section 39(e) of the Rajasthan Municipalities Act 2009 which was inserted by way of an amendment dated April 13, 2024 to empower the State government to remove a member of a Municipality on grounds of pre-election disqualification, does not have a retrospective application.“The amendment was done on 13.04.2023 and there is nothing on record which shows...
Unreasoned Orders By Judicial/ Quasi-Judicial Authorities Violate Natural Justice: Rajasthan High Court Quashes Commercial Tax Assessment Order
The Rajasthan High Court has set aside an assessment order passed by the Commissioner, Commercial Taxes Department, Jaipur (“CCT”) under the Rajasthan Value Added Tax Act, 2003. The Court observed that the assessment order was unreasoned and was passed without any application of mind, violating the principles of natural justice.The assessee had filed his returns for the assessment...
Justice Not Saleable, Failure To Extend Benefits Of Judgment In Rem To Similarly Situated Persons Violates Constitutional Rights: Rajasthan HC
"Justice is not a saleable commodity. All aggrieved persons should not be compelled by the State Authorities to approach the Court of law and get similar orders which have been passed in favour of the similarly situated persons who approached the Court earlier," the Rajasthan High Court observed recently.The remarks were made while disposing off a bunch of writ petitions...
Arbitration Requires Dispute Arising From Agreement, Unrelated Disputes Ineligible for Arbitration: Rajasthan High Court
The Rajasthan High Court bench of Justice Rekha Borana held that arbitration hinges on the presence of a dispute arising from the agreement between the involved parties. The bench held that any dispute unrelated to the terms of the agreement between the parties cannot be subject to the arbitration clause and therefore cannot be referred to arbitration under the...
Limited Jurisdiction In Appeals U/S 30 Workmen Compensation Act, Can't Re-Appreciate Evidence Or Venture Fact Finding: Rajasthan High Court
The Rajasthan High Court has reiterated that an appeal under Section 30 of the Workmen's Compensation Act confines jurisdiction of the High Court to only substantial questions of law wherein the court cannot re-appreciate the evidence for fact finding or answering factual questions. A bench of Justice Narendra Singh Dhaddha opined that Workmen Compensation Commissioner was the last authority...
S.427 CrPC | Sentence In Default Of Payment Of Fine Cannot Be Allowed To Run Concurrently With Substantive Sentences: Rajasthan High Court
The Rajasthan High Court has clarified that default sentences do not attract the benefit of running concurrently with other substantive sentences that an individual is subjected for any offence.While hearing a petition in relation to Section 427 CrPC, a bench of Justice Anil Kumar Upman stated that concurrent running of substantive sentences along with the sentences awarded for default of...