[NDPS Act] Not Enough For Second Officer To Verbally State That SHO Authorised Search; Must Present Documentary Proof: Rajasthan HC

The Jodhpur bench of the Rajasthan High Court recently granted bail to three men in an NDPS Act case, after noting that the officer who had conducted the search and seizure did not have the documentary evidence to prove that he was legally authorised to conduct the search under the Act.In doing so, the high court, while referring to Sections 41 and 42 of the NDPS Act, said that certain...

"Family Ties Are Paramount, Courts Can't Perpetuate Discord": Rajasthan High Court While Quashing Cross FIRs Over Family Altercation

While quashing cross FIRs registered by family members against one another, Rajasthan High Court ruled that court's primary objective must be to strength family bonds and not to perpetuate discord among family members.The bench of Justice Arun Monga was hearing quashing petition in relation to cross-FIRs for criminal assault and causing hurt, filed by members of the same family owing to...

Seniority Of LDCs (Junior Assistant) In Panchayati Raj For Promotion Is Based On Merit, Not Appointment Date: Rajasthan High Court

Rajasthan High Court has ruled that while preparing the seniority list of the LDCs (Junior Assistants) appointed in the Panchayat Samities under the Rajasthan Panchayati Raj Act, 1994 (“Act”) and Rajasthan Panchayati Raj Rules, 1996 (“Rules”), merit position of the person should be considered and not the date of appointment when the person actually joined the duty.“if the date...

Fully Functional E-Prison Website Essential For Justice Dispensation: Rajasthan HC Asks DG Prisons, Others To Resolve Issues With Site

"The fully functional e-Prison website is essential for dispensation of justice and it not being in a right shape, is a cause of concern to the Court," said the Jodhpur bench of Rajasthan High Court expressing its concern while hearing a criminal writ petition on the issue. A division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman in its order highlighted that several...

Cutting Someone's Nose Causes Permanent Disfigurement, Affects Self Esteem And Brings Social Stigma: Rajasthan High Court Refuses Bail

Rajasthan High Court observed that the act of cutting someone's nose is a serious crime due to its physical, emotional and social implications. It held that nose is a crucial part of human body having both functional and cultural significance because in Indian culture, cutting off a person's nose was a form a punishment or revenge.The bench of Justice Rajendra Prakash Soni was hearing a...

"Nerve Shocking": Rajasthan High Court Takes Suo Moto Cognizance Of Widow Living Roadside With Children, Orders Protection

Rajasthan High Court has taken suo motu cognizance of a “nerve shocking, heartbreaking and society rocking” news report published in a regional daily, dated September 25, 2024, about the distressing situation of a widow living in a roadside tent with 4 minor children, including two daughters.The bench of Justice Anoop Kumar Dhand observed that poor implementation of laws and schemes...

S.193(9) BNSS Bars Further Investigation After Filing Of Police Report Without Permission Of Trial Court: Rajasthan High Court

Rajasthan High Court has clarified that in light of proviso to Section 193(9) of the Bharatiya Nagrik Suraksha Sanhita (“BNSS”), where the police has already filed the report following investigation against the prime accused, no further investigation can be carried out without the permission of the trial court.Section 193 talks about report of police office on completion of investigation...

Disciplinary Authority "Coerced" By Chief Vigilance Officer: Rajasthan High Court While Reversing SBI Branch Manager's Removal From Service

While quashing an order of the SBI's disciplinary authority removing a branch manager for alleged misconduct, the Rajasthan High Court observed that the authority altered its punishment from "lowering of scale" to "removal of service" on the advice and "coercion" by the concerned Chief Vigilance Officer (CVO). The court further observed that the disciplinary authority had "kneeled down"...

FIR For Offences Committed Before July 1 2024 To Be Lodged Under IPC Even After Enforcement Of BNS: Rajasthan High Court

The Rajasthan High Court has clarified that for a crime committed before July 1, 2024—the date when three new criminal laws came into effect—if an FIR is filed on or after July 1, the provisions/offences of the Indian Penal Code (IPC) will have to be invoked, and in such cases, the offences outlined in the Bharatiya Nyaya Sanhita (BNS) will not apply. The Court,...

Mere Filing Of FIR/Chargsheet Not Enough To Reject Candidature, Each Case Must Be Examined To Determine Involvement Of Moral Turpitude: Rajasthan HC

Setting aside the rejection of the candidature of a meritorious candidate for the post of a government teacher, the Rajasthan High Court has ruled that in the event of filing of a criminal complaint against the candidate, the Government is required to scrutinize the matter considering the facts involved to reach a decision, whether the act done by the candidate involved moral turpitude that...

'Cannot Be Taken Lightly': Rajasthan HC Takes Exception To Party's Concealment Of Coordinate Bench Order, Imposes ₹5 Lakh Cost

The Rajasthan High Court imposed a cost of Rs. 5 lakhs on a petitioner for concealing an order passed by a coordinate bench of the Court in the petitioner's other writ petition with similar prayers and filing the current petition in violation of the earlier order.The bench of Justice Dinesh Mehta was hearing a petition filed by the Indira Education Institute of Nursing seeking directions to...

Rajasthan HC Expands Scope of Section 95 BNSS To Include Telecom, Service Providers For Compelling Production Of Material Relevant To Trial

The Rajasthan High Court recently allowed a murder accused's plea under Section 94 BNSS by treating it as one filed under Section 95 BNSS, thereby expanding the provision's (Section 95) scope in the peculiar facts of the case and directed the trial court to obtain the call and location details of the witnesses in the case. For context section 94, BNSS provides that any court or officer in...