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 Rajasthan High Court

Pan-India Recruitment: Rajasthan High Court Says It Has Territorial Jurisdiction As Substantive Stages Were Conducted In State

The Rajasthan High Court has held that it has the territorial jurisdiction in matters relating to a recruitment process which was initiated for positions across India, and was conducted in various stages across the country, if substantive stages were also conducted in Rajasthan. The division bench of Chief Justice Sanjay K. Agarwal and Justice Inderjeet Singh further opined that apart from...

POCSO Act | “Lethargic Attitude” Of Authorities In Serving Bail Notices Delays Hearings, Affects Liberty Of Accused: Rajasthan High Court

While hearing a bail application in a POCSO case, Rajasthan High Court observed that despite there being detailed guidelines, the manner of service regarding the intimation of bail application to the parents/guardians of the victim, continued to be improper, reflecting "lethargic attitude" of the authorities. The bench of Justice Sandeep Shah opined that due to non-sending of information to...

Sudden Shift From Grandparents May Disturb Child: Rajasthan High Court Creates Phased Visitation, Custody Arrangement For Father

Rajasthan High Court denied granting custody of a 7 year old child to his father, in the background of the fact that the boy was living with his maternal grandparents since his birth, owing to which it was observed that the sudden and abrupt shift would definitely result in mental disturbance which won't be in the child's interest. At the same time, the division bench of Justice Munnuri...

POCSO Case | S.91 CrPC Plea To Summon Documents Cant Be Rejected On Assumption About Their Evidentiary Value: Rajasthan High Court

The Rajasthan High Court has held that a plea under Section 91 CrPC for production of documents cannot be rejected by pre-judging their contents or evidentiary value, particularly where the documents have a reasonable nexus with a material issue in the trial.The bench of Justice Farjand Ali observed that while the power under Section 91 CrPC must be exercised with due circumspection, it cannot...

Motor Accident Compensation Cant Be Based Solely On Basic Salary; Employment-Related Allowances Must Be Included: Rajasthan High Court

The Rajasthan High Court has held that employment-related allowances forming part of a deceased employee's regular earnings must be taken into account while assessing his income for computation of motor accident compensation, and cannot be excluded merely because they are described as allowances.The bench of Justice Sanjeet Purohit observed that the assessment of income cannot be confined to...

Cooperation With Drug Traffickers Not Enough For NDPS Conspiracy Charge Without Specific Overt Act: Rajasthan High Court

While discharging a man from an NDPS case, the Rajasthan High Court observed that a bare assertion that he had “cooperated” with persons allegedly involved in drug trafficking, without disclosing the nature, manner or occasion of such cooperation, could not by itself attract Section 29 of the NDPS Act, which deals with abetment and criminal conspiracy.The bench of Justice Farjand Ali...

Tailor Kanhaiya Lal Murder Case: Rajasthan High Court Denies Bail To Five, Says Terror Strikes At “Psychological Sovereignty” Of Nation

The Rajasthan High Court has upheld the denial of bail to five accused in the 2022 beheading case of Udaipur tailor Kanhaiya Lal.The division bench of Chief Justice Sanjay K Agrawal and Justice Sameer Jain rejected the appeals filed against the orders of the special NIA Court, whereby the bail applications of the appellants were dismissed.It observed that the terror created by the offence was...

Taunts For Not Bearing Male Child, Threat Of Second Marriage By Themselves Dont Constitute Abetment Of Suicide: Rajasthan High Court

The Rajasthan High Court has held that taunts for not having a male child or threats of marrying another woman, do not amount to instigation or intentional aid, to constitute the prima facie material to attract the offence of abatement of suicide under Section 108, BNS. The bench of Justice Sanjeet Purohit was hearing a bail application of a husband, whose wife had committed suicide, and...

Employee Terminated After Acquittal Entitled To Back Wages Till Reinstatement: Rajasthan High Court

The Rajasthan High Court has held that when an employee is terminated after being acquitted in a criminal case, s/he would be entitled to back wages for the period between such termination and reinstatement. The division bench of Chief Justice Sanjay K Agarwal and Justice Inderjeet Singh observed that even though subsequent acquittal did not retrospectively erase legal consequences of...