Rajasthan High Court
Rajasthan High Court Sets Aside Trial Court's Ad-Interim Order Due To Earlier Contradictory Order In Another Matter Pending Between Same Parties
A bench of Justice Madan Gopal Vyas at the Rajasthan High Court (“the Court”) quashed an order of a trial court for passing a contradictory ad-interim order over another ad-interim order passed by it in the same matter. The Court observed the following:“This Court finds that the impugned order passed by the learned trial court is wholly without application of mind. The learned trial...
Rajasthan High Court Sets Aside Transfer Orders Of 198 Panchayat Officials, Issues Guidelines For Autonomy Of Local Self-Governing Bodies
In a notable decision, the Rajasthan High Court halted the transfer orders of numerous Panchayat officials, citing serious breaches of statutory provisions under the Rajasthan Panchayati Raj Act, 1994, and its related rules.The Court has issued guidelines for the transfer of Panchayat officials of various ranks, emphasizing the importance of local bodies' autonomy and the need to...
Public Prosecutor Has No Authority To Request Trial Court To Discharge Accused Once Application U/S 321 CrPC Is Rejected: Rajasthan High Court
The Rajasthan High Court held that the Public Prosecutor is duty-bound to prosecute the accused and open the case for prosecution once the application for withdrawal of prosecution against the accused under Section 321 Cr.PC is rejected by the concerned Court.The High Court Bench of Justice Anoop Kumar Dhand was hearing Criminal Revision Petitions filed by the Accused/Petitioners and by the...
Rajasthan High Court Declines To Quash FIR Against Medical Officials Allegedly Involved In Illegal Kidney Transplantation At Jaipur's Fortis Hospital
The Rajasthan High Court has dismissed a criminal miscellaneous petition seeking to quash a First Information Report (FIR) related to an international racket involving illegal kidney transplantation at Fortis Hospital, Jaipur.Dr. Jyoti Bansal and Dr. Jitendra Goswami, both serving as medical officers at Fortis Hospital in Jaipur, were named in an FIR filed under Sections 420, 419, 471, and...
Rajasthan High Court Modifies Attempted Rape Conviction To Outraging Modesty
A single bench led by Justice Anoop Kumar Dhand of the Rajasthan High Court has granted relief to a man who was convicted of attempted rape by altering charges against him, noting that removing the girl's innerwear and undressing himself did not amount to an attempt to rape. [Suwalal Vs State of Rajasthan]Background:The complaint was filed by the grandfather of the 6-year-old girl. The...
Co-Accused Can't Claim Parity As Matter Of Right Just Because Other Accused Has Illegally Obtained Bail By Concealing Material Fact: Rajasthan HC
Finding that the accused had suppressed the material facts & evidence against her and has committed an act of misrepresentation for getting the order of bail, when the 'evidence of last seen' was there against her along with other co-accused persons, the Rajasthan High Court (Jaipur Bench) held that the accused has deliberately attempted to pollute the stream of justice and...
Art 226 Can't Be Invoked While Exercising Supervisory Jurisdiction Under Art 227 In Matter Of Dispute Between Private Parties: Rajasthan HC
Referring to the decision of Apex Court in the case of Radhey Shyam & Another Vs. Chhabi Nath & Others, (2015) 5 SCC 423, the Rajasthan High Court (Jaipur Bench) held that jurisdiction under Article 226 of the Constitution can't be invoked while exercising supervisory jurisdiction in the matter of dispute between the private parties. The Division Bench of Chief Justice...
Earth Is Priceless, No Plan(et) B: Rajasthan HC Takes Suo Moto Cognizance Of Climate Change, Tells Govt To Enact Laws To Prevent Deaths From Heatwaves
The Rajasthan High Court has taken suo moto cognizance of the incessant occurrence of heatwaves across India during the summer season, due to climate change.The bench of Justice Anoop Kumar Dhand at the Rajasthan High Court has passed various directions, as interim measures, for the Central and State Governments to deal with the emergent deadly impact of the soaring 50 degrees...
Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court
Finding that the entire series of events have nexus with each other and the action of petitioner (SHO) was done in discharge of his official duties, the Rajasthan High Court (Jodhpur Bench) held that the cognizance for offences under Sections 323 and 504 IPC, taken by the Judicial Magistrate against a public servant, posted as Station House Officer (SHO), is unsustainable in law, in absence...
Only Prima Facie Satisfaction Required U/s 124(1)(ii) Of Trademarks Act, Court Not Required To Access Sufficiency Of Evidence: Rajasthan High Court
The Rajasthan High Court bench of Justice Vinit Kumar Mathur held that the court is only required to prima facie under Section 124(1)(ii) of the Trademarks Act, 1999 to satisfy itself with respect to the pleadings taken in the written statement to the effect that the trademark of the plaintiff is invalid. It held that the court is not required to measure the sufficiency or insufficiency of...
Subjective Reasons For Order Of Compulsorily Retirement Should Be Recorded On Material Available On Employee's Service Record: Rajasthan High Court
The Rajasthan High Court bench of Justice Rekha Borana held that an order of compulsory retirement can very well be passed on the subjective satisfaction of the employer/ Government. However, it held that subjective satisfaction should have been recorded based on the material available on the employee's service record. The bench held that such orders can be interfered with if the same...
Crane Services To Transport Department Does Not Constitute Sale: Rajasthan High Court
The Rajasthan High Court, Jaipur Bench has held that crane services to the transport department does not constitute sale.The bench of Justice Sameer Jain has observed that the crane services provided by the respondent-assessee do not constitute sale as provided under Section 2(35)(iv) of the Rajasthan Value Added Tax Act, 2003 and hence, the order of the Tax Board does not call for...