Rajasthan High Court
Rajasthan High Court Quashes Order Closing Party's Evidence Citing Delay In Witness Testimony, Says 'Justice Hurried Is Buried'
The Rajasthan High Court set aside a trial court order which after allowing summoning of a witness had closed a party's evidence when the witness was not produced even after multiple opportunities, observing that "justice hurried is justice buried".Justice Arun Monga held that without proper evidence, adjudication might result in erroneous findings. Hence, the high court gave one more...
Possibility Of Accused Benefitting From Victims' Fear In Going To Police Can't Be Ignored: Rajasthan High Court Declines To Quash Rape FIRs
The Rajasthan High Court declined to quash two FIRs–one lodged in February 2024 and the other in March 2024–registered against a man accused of engaging in sexual relations with two women under the false promise of marriage.In doing so the court said that in the present case, the possibility of the accused taking benefit of the situation or fear instilled in women on reporting of...
Rajasthan High Court Upholds Mandate On Possession Of 'Crafts Instructor Certificate' For Appointment As Junior Trainer
The Rajasthan High Court dismissed the writ petitions filed challenging the constitutional validity of an amendment to the Rajasthan Technical Training Subordinate Service Rules mandating possession of relevant National Craft Instructor Certificates (NCIC)/Crafts Instructor Training Scheme (CITS) Certificate for the post of Junior Instructors.The division bench of Justice Inderjeet Singh...
'Highly Vulnerable Youth, Fall Into Poverty Cycle': Rajasthan High Court In PIL Over Difficulties Faced By CCLs After Leaving Shelter Homes
Taking note of letter received from the children residing at Balika Grah, Alwar, regarding severe challenges being faced by them owing to non-receipt of grant in aid due to inaction by the State, Rajasthan High Court registered a suo-moto PIL opining that transitioning from institutional care to independent living was a vulnerable phase for every kid who had spent his/her childhood in...
Arbitrator Can't Grant Relief Contrary To Terms Of Contract: Rajasthan High Court Sets Aside Award Of Compensation For Delay
The Rajasthan High Court bench comprising Justice Avneesh Jhingan and Justice Bhuwan Goyal have held that an arbitral award which grants reliefs beyond the express terms of the contract, including compensation for losses and interest where no such entitlement exists under the agreement, is patently illegal and liable to be set aside under Section 37 of the Arbitration and...
'For Larger Public Good': Rajasthan High Court Rejects PIL Against Setting Up Of Sewage Treatment Plant Near Village Court
The Rajasthan High Court dismissed a PIL filed by practicing advocates of Gram Nyayalaya, Jodhpur against the proposed construction of Sewage Treatment Plant (STP) near the village court, ruling that it was not for the High Court to decide under Article 226 which site would be more suitable for setting up the STP.A division bench of Justice Shree Chandrashekhar and Justice Sandeep Shah,...
Forcing Teacher To Impart Subject They Are Not Qualified In Violates Students' Right To Education Under Article 21A: Rajasthan High Court
Rajasthan High Court set aside the transfer of a Grade III Teacher (Social Studies) whose subject was changed to English, stating that if she is forced to impart education on a subject she is not qualified in, she may have to face adverse civil consequences like departmental proceedings.The division bench of Justice Shree Chandrashekhar and Justice Saneep Shah further held that the...
Rajasthan High Court Directs State To Decide Kota Meat Shop Owners' Plea For License Renewal, Stays Coercive Action For 4 Weeks
The Rajasthan High Court on Friday (May 30) directed the State authorities not to take any coercive action for four weeks against meat shop owners in Kota whose shops had been directed to be seized and closed by the municipal authorities. While disposing of the plea moved by certain meat shop owners of the city, the Court further directed the Respondent-authorities to decide their...
POCSO Act | “Child Specific” Procedural Safeguards Can't Be Extended To Victim Who Attains Majority During Trial: Rajasthan High Court
Rajasthan High Court has ruled that procedural safeguards under Section 33(2) and 37 of the POCSO Act are contingent on the age of the victim, and have to be confined to the statutory definition of “child”. Therefore, once a victim attains the age of majority during trial pendency, these procedural safeguards cease to apply.“While the POCSO Act is indeed a benevolent legislation,...
Board Of Revenue's Administrative Power Not Akin To High Court's Supervisory Powers Under Article 227 Constitution: High Court
Rajasthan High Court has ruled that the power of the Revenue Board provided under Section 221 of the Rajasthan Tenancy Act, 1955 (“the Act”) is only administrative in nature and not akin to the supervisory power of the High Court under Article 227 of the Constitution. Hence, in exercise of such administrative power, no decree or judicial order could be set aside.Section 221 of the Act...
Supreme Court Collegium Proposes Elevation Of 3 Advocates As Rajasthan High Court Judges
The Supreme Court Collegium, in its meeting held today, recommended the elevation of three advocates as the Judges of the Rajasthan High Court.They are :(i) Shri Bipin Gupta,(ii) Shri Sanjeet Purohit, and(iii) Shri Ravi Chirania....