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...

Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court

Rajasthan High Court has ruled that the possibility of disciplinary inquiry taking a long time could not be a reason to invoke Section 19(ii) of the Rajasthan Civil Services (Classification, Control and Appeals) Rules, 1958 and do away with the inquiry. The Court also observed that the apprehension of the employee influencing or tampering with the evidence reflected Department's lack...

Inquiry Proves Genuineness Of Certificates, Rajasthan High Court Cancels Termination Of Services Of Safai Karamcharis

A Single Judge Bench of Justice Sudesh Bansal while allowing a batch of Petitions observed that the Safaikaramcharis whose appointment was cancelled due to the allegations of having produced false certificates before the authorities should be allowed to continue in service, counting their service from the date of appointment with all consequential benefits. The Bench held that since the...

Discrepancy In Document Submission, Rajasthan High Court Directs To Accept Based On Merit Of Candidate

A Single Judge Bench of Justice Sameer Jain of the Rajasthan High Court observed that the merit of a candidate is a cardinal factor in determining the eligibility for admission. The Court held that the inability of a candidate to furnish documents due to reasons beyond the control of the candidate must be looked into by the authorities and the factors and circumstances leading to...

Reservation Demand For Wards Of Gallantry Awardee Military Personnel, Rajasthan High Court Rejects Claim

A Single Judge Bench of Justice Sameer Jain of the Rajasthan High Court dismissed a petition challenging the policy by under which the wards of Gallantry Award recipients were not included in the categories of reservation contrary to the policy in place in the year 2021. The Court held that it could not extend its powers of judicial review as the policy makers had applied their mind...

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC

Rajasthan High Court has ruled that Section 233 of the Bhartiya Nagarik Suraksha Sanhita 2023 leaves no doubt that even if complaint proceedings are already undergoing in relation to particular allegations and facts, and the police officials receive a report/compliant on the same set of facts, they are not barred from registering an FIR on those facts.The bench of Justice Arun Monga added...

Adverse Police Verification Report Doesn't Per Se Disentitle Citizen From Legal Right To Have A Passport: Rajasthan High Court

Rajasthan High Court has held that adverse police verification report per se could not dis-entitle a citizen from his legal right to have a passport. The bench of Justice Anoop Kumar Dhand held that the decision of issuing a passport or travel documents has to be taken by the Passport Authority alone and they cannot refuse such issuance without application of mind, solely because of an...

LOC's Initial Validity Can't Exceed 4 Weeks, Originating Agency Must Give Reasons For Seeking Extension: Rajasthan HC Issues Guidelines

While laying down guidelines which are to be followed by concerned authorities/agencies for causing the issuance/continuance of a Look Out Circular (LOC), the Rajasthan High Court said that an order passed by the originating agency issuing an LOC must "specifically state" that it is valid only for four weeks. Extension of the LOC is permitted only if the originating agency...

Provisional Attachment Ceases After One Year: Rajasthan High Court Allows Assessee To Operate Bank Account

The Rajasthan High Court stated that the provisional attachment under Section 83 of the CGST Act ceases after one year and cannot be attached again without giving fresh reasons. The Division Bench, consisting of Chief Justice Manindra Mohan Shrivastava and Justice Ashutosh Kumar, was dealing with a case in which the assessee challenged the department's attachment of their bank account...

Person Holding Relevant Evidence To Dispute Not 'Necessary Party' Unless Compelled By Law: Rajasthan High Court Reiterates

Rajasthan High Court has reiterated that merely because a person was holding some relevant evidence to present on the questions involved in a dispute, that in itself would not make that person a necessary party to be impleaded in the suit.The bench of Justice Nupur Bhati further relied upon the principle of dominus litis, to reject defendant's challenge against order of trial court that...

State Must Conclude Land Acquisition Within 'Reasonable Time' After Barring Construction U/S 27 Rajasthan Housing Board Act: High Court

Rajasthan High Court has ruled that notification under Section 27 of the Rajasthan Housing Board Act, 1970 barring construction on a proposed scheme area affects the right to enjoyment of property of landowners and thus, it cannot be allowed to block the property for an indefinite period. The division bench of Justice Manindra Mohan Shrivastava and Justice Munnuri Laxman held that after...

Rampant For Political Rivals To Drag Opponents In Case To Ruin Political Career: Rajasthan HC Asks SP To Monitor Probe In FIR Against Sarpanch

In a plea for quashing an FIR filed against a Sarpanch, the Jodhpur bench of the Rajasthan High Court directed the Superintendent of Police (SP) to personally monitor the investigation observing that in an era where it was rampant for political rivals to drag their opponents in a case to damage their political career it was appropriate to direct the police to conduct an impartial probe. The...