Rajasthan High Court
Recovery Notice Issued By Mining Dept To Be Preceded With Demand Order: Rajasthan High Court
The Rajasthan High Court has set aside recovery notices issued by the Department of Mining and Geology, Government Secretariat, Jaipur, for recovering amount payable against Short Term Permit (“STP”) granted to the petitioner, without any preceding order of demand of such recovery. Bench of Justice Avneesh Jhingan observed it was trite law that recovery notices have to be preceded with...
Refusal To Undergo Medical Examination Not Enough To Negate Minor's Accusation Of Rape: Rajasthan High Court
The Rajasthan High Court has made it clear that a minor rape victim's refusal to undergo medical examination alone cannot be the basis to disbelieve the allegations levelled by her.The bench of Justice Rajendra Prakash Soni thus refused anticipatory bail to a POCSO accused on the alleged ground of false implication. It said,“On perusal of the record and upon consideration of the submissions,...
“Writ Of Quo Warranto Meant To Prevent Abuse Of Public Offices”: Rajasthan High Court Removes Ineligible Nagar Parishad Executive Officer
The Rajasthan High Court has reiterated that the very purpose of seeking a writ of quo warranto is to prevent the abuse or usurpation of public offices and to ensure that those who hold such positions do so legitimately and within the bounds of the law.The observation was made by Justice Sameer Jain while setting aside the Respondent's appointment, belonging to Executive Officer-III category,...
Depression, Old Age, Assessee's Status As Small-Scale Surveyor To Be Considered As Genuine Hardship; Rajasthan High Court Condones Delay
The Rajasthan High Court has allowed the application seeking condonation of delay under Section 119(2)(b) of the Income Tax Act in order to claim a refund for the assessment year 2009-10 to 2014-15 on the grounds of genuine hardship.The bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman has observed that the depression, old age, long pendency of the issue, and the...
When Multiple Contradictory Dying Declarations Are Recorded, One Given To Magistrate Must Be Relied Upon: Rajasthan High Court
The Rajasthan High Court has reversed and set aside a conviction order after 35 years, acquitting the surviving accused out of the total three accused who were convicted of murder and sentenced to life imprisonment by the trial court in 1989.The division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman observed that in case of multiple dying declarations which are...
Witnesses Of Extra-Judicial Confession Related To Victim, 'Tailor-Made' To Bolster Prosecution Case: Rajasthan HC Grants Bail To Kidnapping Accused
The Rajasthan High Court has granted bail to an accused booked under Section 365 for kidnapping upon finding that after the eye-witness of the prosecution turned hostile, the case relied on two other prosecution witnesses to whom the accused had allegedly confessed the commission of the offence. However, the Court found that witnesses to be tailor-made only to bolster the prosecution...
No Sufficient Cause: Rajasthan HC Declines To Condone 'Inordinate Delay' In Filing Appeal By Party Who Made Unsubstantiated Mental Illness Claims
The Rajasthan High Court has rejected an application for condonation of delay filed after 3 years due to the petitioner's alleged mental illness leading him to be unaware of the proceedings. A single bench of Justice Avneesh Jhinghan observed that the delay could not be condoned mechanically in the absence of any sufficient reason. It was found that the petitioner had failed to furnish...
Rajasthan HC Denies Relief To Govt Job Aspirants Excluded From Selection Process For Improperly Filling OMR Sheet
The Rajasthan High Court has denied relief to candidates of a public examination, who incorrectly filled their OMR sheets after failing to follow instructions, leading to the rejection of their sheets from the evaluation process. The Court said:“It is of utmost importance that in order to preserve the sanctity of the selection process for filling up posts under public employmentthe...
Trial Court Rejecting Application For FSL Report Of Weapon In Attempt To Murder Case Leads To Miscarriage Of Justice: Rajasthan High Court
The Rajasthan High Court set aside the order of an Additional Sessions Judge that had disallowed the application filed by the complainant seeking an FSL report of the alleged weapon and the blood-stained clothes in a case of attempt to murder.The court held that denying the FSL report which would assist the trial court in correctly concluding the role of the accused was a miscarriage of...
Rajasthan HC Orders Action Against Medical Officer Who Erroneously Classified Victim's Injuries As Life-Threatening In Attempt To Murder Case
A bench of Justice Rajendra Prakash Mishra at the Rajasthan High Court has frowned upon an allegedly erroneous report prepared by a medical officer in an attempt to murder case and directed the Secretary, Medical and Health Department to take appropriate action against the officer.The Court was hearing a bail application filed by the accused who was booked for attempt to murder. After...
Seizure Memo Loses Credibility If Prepared At Police Station And Not Place Of Recovery: Rajasthan High Court
Rajasthan High Court recently granted bail to an accused booked for attempt to murder and under the NDPS Act, observing that the credibility of the seizure memo loses its significance if it was not prepared at the same place from where the recovery was made but was taken by the police to the police station to prepare the same.The bench of Justice Farjand Ali was hearing a bail application...
Contract Terminated By An Awardee Following Due Process Cannot Be Subsequently Novated By Awardee Itself: Rajasthan High Court
The Rajasthan High Court has ruled that a contract terminated by an awardee following due process cannot be novated by the awardee itself. The Court also held that an administrative order cannot set at nought a duly considered decision or adjudicated order which had bearing on the civil or business rights of contracting parties.A bench of Justice Dinesh Mehta held that "the grant and...