Right To Travel Abroad: Rajasthan High Court Permits Foreign Visit Of PMLA Accused Subject To ₹25 Lakh Bank Guarantee

The Rajasthan High Court has allowed a man, arrested in a PMLA case, to travel to Dubai and Singapore for business meetings— reiterating that the expression 'personal liberty' under Article 21 of the Constitution includes the right to go abroad.Justice Anoop Kumar Dhand referred to the Supreme Court's decision in Smt. Maneka Gandhi v Union of India (1978) where it was held that...

Pregnant Minor's Willingness To Retain Pregnancy Prevails Over Her Mother's Plea To Terminate It: Rajasthan High Court

The Rajasthan High Court dismissed a petition filed by a mother seeking termination of pregnancy of her minor daughter (17 years, 5 months old) in light of the daughter's unwillingness to abort the pregnancy, upholding the right of a pregnant minor victim to retain her pregnancy.Highlighting that the minor victim had sufficient level of understanding about the consequences of her actions,...

Unwarranted Freezing Of Bank Accounts A Growing Concern Implicating Financial Hardships On Businesses And Individuals: Rajasthan HC

Rajasthan High Court highlighted the growing concern of Indian businesses and corporate entities owing to unwarranted freezing of bank accounts by the investigating authorities in a mechanical manner implicating significant financial hardships on the concerned parties.The bench of Justice Manoj Kumar Garg opined that such actions were frequently predicated merely on allegations or suspicion...

'Mere Error In Judgement Is Not Criminal Negligence': Rajasthan High Court Acquits Constable Under Whose Watch Two Undertrials Escaped

While acquitting a police constable charged under Section 223 (IPC) following absconsion of two under-trial prisons from his guard, Rajasthan High Court held that when a police officer was tasked with dual and simultaneous duties like guarding as well as attending wireless operations, expectations of flawless supervision must be weighed against practical limitations of manpower...

Rajasthan High Court Emphasises Reformative Aspect Of Criminal Justice, Grants Temporary Bail To NDPS Accused To Care For Pregnant Wife

While denying regular bail to an NDPS accused, Rajasthan High Court granted a temporary bail of 60 days to take care of his wife who was pregnant, due to deliver a baby in a few days, and had no one else to take care of her and provide medical assistance.The bench of Justice Farjand Ali opined that even though such ground in itself was not sufficient to warrant regular bail, temporary bail...

When Can An Order Passed U/S 47 CPC Be Treated As A Decree? Rajasthan High Court Explains

The Rajasthan High Court has observed that orders passed by courts under Section 47 of the CPC read with Order XXI Rules 58, 97, and 99 of the CPC, would be treated as decrees and are appealable under Section 96 CPC. Section 47 CPC relates to questions to be determined by the Court executing decree. Order XXI Rule 58 relates to the adjudication of claims or objections tothe attachment...

Rajasthan High Court Rejects Bail Application Of Man Accused Of Creating Dummy Firms To Evade ₹704 Crore In GST Payments

Rajasthan High Court denied bail to Ankit Bansal, accused in a Rs. 704 Crore GST evasion scam, on account of his concealment of past criminal antecedents, attempt to abscond from custody using his influence and power, and the magnitude of the siphoned amount.The bench of Justice Anand Sharma rejected the argument of parity on account of the co-accused Mr. Rajesh Goyal being released on...

Rajasthan Minor Minerals Rules | Rajasthan High Court Upholds Constitutional Validity Of Penalty Imposed For Extension Of LOI Under Rule 16(2)

Upholding the constitutional validity of the Proviso 3 to Rule 16(2) (“the Provision”) of the Rajasthan Minor Mineral Concession Rules, 2017 (“2017 Rules”) Rajasthan High Court ruled that once the rule was held to be constitutionally and statutorily valid, any action by the State in furtherance thereof could not be faulted merely on grounds of hardship or inconvenience.The...

S.170 BNSS Confers 'Limited Preventive Jurisdiction' On Executive Magistrate, Can't Continue Incarceration Punitively: Rajasthan High Court

The Rajasthan High Court recently noted that Section 170 of the BNSS conferred “limited preventive jurisdiction” to the Executive Magistrate and that such preventive action was not a tool for punitive action or a substitute for criminal procedure. Section 170 of BNSS empowers a police officer to arrest a person without a warrant if they have knowledge of a potential commission...

Rajasthan High Court Upholds 25% Domicile Reservation In National Law University Jodhpur

The Rajasthan High Court upheld the constitutional validity of 25% domicile-based reservation at National Law University, Jodhpur (“NLUJ”), ruling that such reservation did not violate Article 14 since the classification was reasonable, non-arbitrary and maintained a rational nexus with the object of advancing regional educational development.The division bench of Dr. Justice Pushpendra...

Rajasthan High Court Refuses To Interfere With Bulldozer Action On Encroachments Over Catchment Area Of Ummed Sagar Dam

Dismissing a bunch of petitions filed by the alleged encroachers of the catchment area of the Ummed Sagar Dam against State's action of dispossession, the bench of Justice Sunil Beniwal at the Rajasthan High Court held that no possession over land forming part of water body could be regularized.The petitioners were residing on Khasra No. 5 at Chopsani Jagir for past 15 to 20 years. Pursuant to...

Rajasthan High Court Monthly Digest: May 2025

Citations: 2025 LiveLaw (Raj) 161 To 2024 194 LiveLaw (Raj) 194NOMINAL INDEXAmit v Shri Ganesh Raj Bansal & Ors., 2025 LiveLaw (Raj) 161Shubham Rewad & Ors. v State of Rajasthan & Anr. 2025 LiveLaw (Raj) 162Victim v State of Rajasthan & Ors. 2025 LiveLaw (Raj) 163Giriraj Prasad Sharma v State of Rajasthan, and other connected matters 2025 LiveLaw (Raj) 164Vinod Shaily & Anr....