Rajasthan High Court
[Arbitration Act] Court Should Not Issue Broad Injunctions Under Section 9 If Dispute Involves Monetary Claim: Rajasthan High Court
The Rajasthan High Court bench of Justice Dinesh Mehta and Justice Rajendra Prakash Soni has held that while passing interim order or taking interim measure under Section 9 of the Arbitration and Conciliation Act, 1996, the court is required to have a prima-facie grasp of the dispute and claim of the parties. The bench held that the court should look at the nature of the controversy...
CrPC Doesn't Permit Keeping Rape Complaint Pending For Pre-Investigation: High Court Slams Rajasthan Police, Asks DGP To Intervene
The Rajasthan High Court has frowned upon the conduct of the Investigation Officer in a rape case for keeping the complaint pending for about a week, under the pretext of conducting a "pre-investigation", before filing the FIR. A bench of Justice Anoop Kumar Dhand said there is no such provision in the CrPC or principal in criminal jurisprudence to keep any report of offence of rape or...
Non-Compliance Of S.52A NDPS Act Prima Facie Vitiates Search & Seizure: Rajasthan HC Grants Bail To Man Allegedly Found With Half Kg Heroin
The Rajasthan High Court has reiterated that Section 52A of the Narcotic Drugs and Psychotropic Substances Act is mandatory in nature and failure to comply with the provision undermines the prosecution case and vitiates the entire search and seizure proceedings.A bench of Justice Rajendra Prakash Soni thus granted bail to a man allegedly found in possession of 510 gms heroin.Court said the...
S.138 NI Act | Relevant Date For Determining 'Legally Enforceable Debt' Is Date Of Presentation/ Maturity Of Cheque: Rajasthan High Court
The Rajasthan High Court has held that the relevant date for ascertaining existence of a "legally enforceable debt or liability" under the Negotiable Instruments Act is the date of presentation/maturity of the cheque.A bench of Justice Anil Kumar Upman said the drawer of a cheque cannot shirk their liability to pay the cheque amount by taking plea that there was no legally enforceable debt...
Removing Girl's Innerwear, Undressing Oneself Not 'Attempt To Rape' But Indecent Assault: Rajasthan High Court
The Rajasthan High Court has held that the act of removing a girl's innerwear and undressing oneself with nothing more will not attract the offence of 'attempt to commit rape' under Section 376 read with Section 511 of IPC but it will attract the offence of Assault to outrage modesty of a woman punishable under Section 354 IPC.In holding so, a bench of Justice Anoop Kumar Dhand emphasized on...
Testimony Of Injured Witness Can Be Relied Upon Unless There Are Major Contradictions: Rajasthan High Court
The Rajasthan High Court has reiterated that the testimony of an injured witness cannot be discarded merely because of minor discrepancies since he is not likely to spare the actual assailant in order to falsely implicate someone else.The bench of Justice Sudesh Bansal thus observed that the testimony of an injured witness is accorded a special status in law and it cannot be rejected unless...
Rajasthan High Court Declines Compassionate Appointment To Son Adopted After Crossing 15 Yrs Age Threshold Under Hindu Adoption & Maintenance Act
The Rajasthan High Court recently dismissed the plea for compassionate appointment moved by the adopted son of a government servant, citing non-compliance of the provisions for adoption under the Hindu Adoption and Maintenance Act, 1956.Petitioner was adopted at the age of 18 years. Section 10(iv) HAMA prescribes that a person who has completed the age of fifteen years cannot be given in...
Rajasthan High Court Refuses To Quash FIR Against Two Doctors Booked In Connection With Alleged Illegal Kidney Transplant Racket
The Rajasthan High Court has refused to quash an FIR lodged against two doctors of the Fortis Hospital at Jaipur who are accused in connection with an international racket that came to be busted in respect of alleged illegal transplantation of human organ (kidney).A bench of Justice Sudesh Bansal said it is not that there is iota of evidence against them. It observed,"As per the...
Scope Of Interference With Acquittal Order Very Limited, Can Be Reversed Only If It Demonstrates Perversity, Error Of Law: Rajasthan High Court
The Rajasthan High Court has made it clear that the scope of interference with an acquittal order passed by the Trial Court in criminal proceedings is very limited.“...if the impugned judgment of the learned Trial Court demonstrates a legally plausible view, mere possibility of a contrary view shall not justify the reversal of acquittal…” observed a division bench of Justice...
After 30 Yrs Since Appeal, Rajasthan High Court Reduces Sentence In Kidnapping Case To 5 Days Citing Delay In Proceedings
The Rajasthan High Court has reduced the sentence in a Kidnapping case of 1992, citing 30 years delay in deciding the convict's appeal.A bench of Justice Manoj Kumar Garg said the appellant-convict had "suffered mental agony and trauma of protracted trial" and thus reduced the sentence of 2 years rigorous imprisonment to the period already undergone, i.e. 5 days.A case was registered against...
[Rajasthan Municipalities Act, 2009] No Bar On Directly Approaching Civil Court Without Availing Remedy Under The Act: Rajasthan High Court
A bench of Justice Birendra Kumar at the Rajasthan High Court (“the Court”) dismissed a revision petition filed against an order of a trial court wherein the trial court refused to reject the plaint under Order VII Rule 11 of CPC.The petition was filed on the ground of existence of an alternative remedy under the Rajasthan Municipalities Act, 2009 (“the Act”) but the Court decided...
Rajasthan High Court Rejects Plea Challenging Age Criteria For Civil Judge Recruitment
The Rajasthan High Court has dismissed a petition challenging the Civil Judge recruitment process so far as the upper age limit to appear in the exam is concerned.The challenge was thrown by an aspirant who had crossed the threshold age. It was his argument that the prescription was contrary to the Rajasthan Judicial Services Rules, 2010, whose object was to enable those candidates, who...