State Cannot Deny Change Of Land Records In Favour Of Allottee Who Deposited Full Amount Merely Because Govt Official Embezzled Money: Rajasthan HC

Rajasthan High Court allowed the petition filed by an individual who was allotted a land by the State in 2018 for which he had deposited full amount. However, since that amount was embezzled by the concerned State officer of the department, the name of the petitioner was still not entered into the revenue records in relation to that land.The bench of Justice Vinit Kumar Mathur opined that...

Rajasthan High Court Issues Guidelines On Suspension Of Govt Employees Where Disciplinary Proceedings Are Contemplated, Pending

The Rajasthan High Court issued guidelines to be followed by competent authorities/State's head of departments in cases where delinquent employees were suspended either in contemplation of or pending departmental proceedings under Rule 13 of the Rajasthan Civil Services (Classification, Control, and Appeal) Rules.Justice Arun Monga directed the State to ensure that all the competent...

Rajasthan High Court Appoints Panel To Probe Illegal Activities Of Khap Panchayats, Social Evils Like Honour Killing, Exorcism, Etc

Noting multiple “social evils” particularly in the western part of Rajasthan which is stated to include social boycotts, alleged illegal activities by Khap Panchayats, caste discrimination, honour killings, taboo against love marriages, exorcisms etc., the high court constituted a 5-member commission to conduct a ground study of various villages.Justice Farjand Ali opined that the issue...

Rajasthan High Court Monthly Digest: February 2025

NOMINAL INDEX [Citations: 2025 LiveLaw (Raj) 44 To 2024 LiveLaw (Raj) 80]Manju Sharma v State of Rajasthan & Ors. 2025 LiveLaw (Raj) 44X v State of Rajasthan 2025 LiveLaw (Raj) 45Nathu Lal v State of Rajasthan & Ors. 2025 LiveLaw (Raj) 46Ram Chander v the State of Rajasthan 2025 LiveLaw (Raj) 47Rakesh Sen v Smt. Ajab Bano 2025 LiveLaw (Raj) 48Au Small Finance Bank Ltd v Atmaram...

Imminent Threat To Public Peace Must Be Shown For Taking Action U/S 145 CrPC, Can't Be A Vague Assertion: Rajasthan High Court Reiterates

The Rajasthan High Court has reaffirmed that before initiating proceeding under Section 145 CrPC pertaining to procedure for dispute over land which may breach peace, circumstances suggesting imminent danger of breach of peace or alike situations to presume such instant threat has to be shown with cogent and reliable material.For context, Section 145 CrPC lays down the procedure to be...

MV Act | Compensation Awarded As 'Consortium' Is Also Payable To Siblings Of Deceased Apart From Parents: Rajasthan High Court Reiterates

The Rajasthan High Court affirmed that in case of death of an individual in an accident, the compensation awarded under the Motor Vehicles Act 1988 towards the head Consortium is not limited to the deceased's parents but also payable to their siblings.The court thus observed that while no amount of money can compensate parents and siblings of the deceased however it is the court's duty to...

Composite Enquiry Against Mulitple Delinquent Employees Possible Only If They Have Common Disciplinary Authority: Rajasthan HC

Rajasthan High Court affirmed that in cases where there was more than one delinquent employee with similar or common charges, composite disciplinary proceedings could take place against them only if the competent and disciplinary authorities of all such delinquent employees were the same. In case such authorities were different for all employees, the jurisdiction of one could not be snatched...

Allowing Quashing Of Non-Compoundable Offences Like Kidnapping, Theft Based On Compromise Will Set 'Dangerous Precedent': Rajasthan HC

While refusing to quash an FIR registered for non-compoundable offences of kidnapping, theft after the parties had entered into an amicable settlement, the Rajasthan High Court underscored that permitting quashing of such cases based on compromise would undermine the very purpose of criminal law and embolden offenders.In doing so the court underscored that compounding of such offences would set...

S.45 Indian Evidence Act | Court Can Refuse Expert Opinion For Comparing Signatures If No Doubt Exists Regarding Genuineness: Rajasthan HC

The Rajasthan High Court has affirmed that normally a court shall seek expert opinion under Section 45 of the Indian Evidence Act when it has to compare admitted and disputed signatures. However it can refuse such expert opinion only if there are "no doubts regarding the genuineness" of the signatures after comparison.Justice Anoop Kumar Dhand referred to Section 45 which provides that the...

Circular To Recommend Candidate 45 Days Before Expiry Of Waiting List Not Meant To Curtail 6-Month Validity Period Of Wait List: Rajasthan HC

The Rajasthan High Court has ruled that the 45-day time period under Clause 11 of the Department of Personnel Circular dated April 5, 2021 (“Clause 11”), was not meant to curtail the validity of the waiting list to less than 6 months even when the recommendations from the waiting list were not made within the stipulated timeline.Clause 11 of the DoP Circular dated April 5, 2021, laid down...

Rajasthan HC Suggests Constitution Of Expert Panel To Examine Retired Govt Employees Grievance On Restoration Of Full Pension Under Rules

The Rajasthan High Court has suggested to the State to set up an expert committee to examine grievances raised by retired government employees claiming that the 14-year period after which full pension is to be restored under the Rajasthan Civil Services (Commutation of Pension) Rules was leading to financial loss and needs reworking.The petitioners claimed that full pension is restored after...

Candidate With 90% Hearing Impairment Erroneously Not Considered Under PwD Category: Rajasthan HC Directs Appointment On Humanitarian Grounds

The Rajasthan High Court has directed the State to grant appointment to the petitioner, who had 90% hearing impairment and had applied for the post of Safai Karamchari in 2018 but due to some software error was not considered for the draw of lots under the PwD category, resulting in his non-appointment.Justice Arun Monga opined that the petitioner's appointment might appear unfair since he...