Can't Expect State To Immediately Inquire Into Removal Of Municipality's Members, Without Looking At Facts: Rajasthan High Court

The Jodhpur bench of the Rajasthan High Court recently observed that when several complaints are filed against elected representatives, then State cant be expected to immediately commence inquiry to remove members of a municipal authority under the Rajasthan Municipalities Act without ascertaining the facts first. In observing so, the high court said that the "fact finding exercise" conducted...

33 Years Later, Rajasthan High Court Sentences Husband To Life Imprisonment For Wife's Murder; Sets Aside Acquittal Order

While overturning a decision acquitting a man accused of murdering his first wife, the Rajasthan High Court observed that the trial court in its 1992 order had ignored the testimonies of the eyewitnesses due to minor contradictions as well as corroborative evidence, which was a patent error in law. The division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman in its order...

Rajasthan High Court Sets Aside Bail Cancellation, Proclamation Proceedings And Action Against Surety U/S 446 CrPC In Rash Driving Case

Reiterating that trial court's discretion to cancel bail must be preceded with a notice to the accused to defend themselves, the Jodhpur bench of the Rajasthan High Court recently set aside an order cancelling a man's bail which also declared him an "absconder" in a rash driving case. A single judge bench of Justice Arun Monga set aside a magisterial court's order which had further...

Rajasthan HC Upholds 33-Year-Old Conviction For Culpable Homicide Not Murder But Orders Release Of Convicts Citing Their "Long Ordeal"

While upholding a 33-year-old order convicting four men for culpable homicide not amounting to murder, the Jaipur bench of the Rajasthan High Court reduced their seven year sentence to period already undergone in prison observing that they had to pass through a long ordeal both mentally and financially. A single judge bench of Justice Anoop Kumar Dhand in its September 19 judgment said,...

[Land Revenue Act] Recovery Was Initiated Without Any Order Recalling Subsidy For Being Wrongly Granted: Rajasthan HC Sets Aside Proceedings

Rajasthan High Court set aside a recovery notice issued by the State Government under the Land Revenue Act to the petitioner for recovering the amount of wrongly issued subsidy observing that the recovery proceedings were initiated directly without there being any order passed for recalling the subsidy, solely based on the objection raised by the auditors towards granting of the subsidy.The...

Can ST Women Without Dissolution Decree Be Considered Under ST (Divorcee) Category For Public Employment: Rajasthan HC Refers To Larger Bench

Faced with a situation of two conflicting decisions by two division benches, the single bench of Justice Anoop Kumar Dhand at the Rajasthan High Court has referred the question of whether a Scheduled Tribe woman can be considered for appointment for a government post under the divorcee category without having decree of dissolution from the competent court before the last date of submission of...

Sanctioning Authority Must Record Findings Based On Attending Circumstances To Prove Employee's Misconduct: Rajasthan High Court

Rajasthan High Court has ruled that to exercise the powers under Rule 170 of the Rajasthan Services Rules, 1950, (“the Rules”) the punishing authority cannot merely rely upon the findings of the enquiry officer but is obliged to record a finding clearly mentioning the circumstances that led to his/her satisfaction that the act of the accused constituted grave misconduct or...

Suppressing Pending Criminal Case Ground To Deny Employment Irrespective Of Gravity Of Charges: Rajasthan High Court

Rajasthan High Court denied relief to a rejected candidate for the post of a primary school teacher (“petitioner”) on the grounds of not disclosing the fact of a pending criminal case against him in the application form as well as filing a false self-declaration form to that effect.The bench of Justice Vinit Kumar Mathur held that the seriousness of the offence for which the petitioner...

Rajasthan HC Quashes Censure Order Against Govt School Teacher For Substandard Class 8 Results, Finds No Specific Allegation Against Him

Granting relief to a government school teacher, the Jaipur bench of the Rajasthan High Court set aside an order of censure passed against him over the result of Class 8 Board Examination in the concerned school being below the standard set by Department of Education.For context, an Order of Censure is a formal act by the government to communicate that a public servant has been guilty of...

Trial Courts Not Mentioning Date Of Arrest Of Accused In Bail Order A "Significant Oversight": Rajasthan High Court

Rajasthan High Court has criticized a "commonly observed" practice of Trial Courts in not mentioning the date of arrest of the accused while deciding the fate of their bail applications.In the case at hand, bench of Justice Rajendra Prakash Soni was dealing with an order rejecting bail of the petitioners in an NDPS case, opining it as being passed in a causal manner for not mentioning the date...

Deadly Weapons Not Necessary To Commit Murder: Rajasthan HC Rejects Bail Of Accused Who Fatally Injured Deceased Using 'Safety Shoes'

Rajasthan High Court has ruled that it is not always necessary for the accused to use a deadly weapon or to attack upon the vital body parts like the head, to commit murder, While dismissing the bail application for a murder accused, it was observed that even safety shoes, when used as a weapon, can significantly increase the potential for inflicting serious or fatal injuries.The bench of...

Rajasthan High Court Declines Anticipatory Bail Plea Of Teacher Accused Of Forging Records, Says He Was 'Trusted To Act Honestly'

Rajasthan High Court dismissed the anticipatory bail application of a government teacher (“petitioner”) who was accused of creating fake documents and observed that irrespective of the fact that the documents did not fetch any direct advantage to the petitioner or seemed harmful, the act in itself was considered as an offence since the intent to deceive was enough to establish the...