Topic
The Rajasthan High Court handles appeals and writ petitions arising from lower courts in Rajasthan, interpreting state and central laws including the BNSS, BNS, and Income Tax Act.
Rajasthan High Court quashes a transfer order for failing to specify the exact place of posting, reaffirming Rule 173 of the Rajasthan Land Revenue Rules, 1957. The ruling underscores procedural compliance in government transfers affecting land revenue officials.
Rajasthan High Court transfers custody of a 17-year-old girl to her mother after she asserts voluntary association with the respondent, affirming habeas corpus jurisdiction over minors. The ruling underscores the paramountcy of the child's welfare and expressed wishes in custody disputes.
Rajasthan High Court quashes a transfer order for lack of Block Development Officer consent under Section 89(8) and Rule 289, reaffirming mandatory procedural compliance for Panchayati Raj cadre postings. The ruling underscores the need for statutory consent before effecting transfers in the state's rural administration.
Rajasthan High Court rules that service experience gained through placement agencies must be considered for contractual hiring under the Rajasthan Contractual Hiring Civil Posts Rules, 2022, ensuring fair employment rights for contractual workers. The decision reinforces administrative compliance with service law and prevents arbitrary exclusion of valid work experience.
Rajasthan High Court held that mixing samples from multiple seized bags of contraband violates the mandatory procedure under Section 52A of the NDPS Act, rendering the conviction vulnerable. The Court suspended the sentence, emphasizing strict compliance with sampling protocols to ensure fair trial rights.
Rajasthan High Court grants bail to an accused under Section 439 CrPC after 3+ years of incarceration, holding that prolonged trial delays-with only 4 of 35 witnesses examined-override the gravity of NDPS offences. The ruling underscores that undue delay attributable to the prosecution violates the right to speedy trial, entitling the accused to bail even in serious drug cases.
Rajasthan High Court reinforces guest faculty rights under the Vidhya Sambal Scheme, mandating their continuation until regular appointments are made. The ruling ensures Rs. 800/hour honorarium and protects contractual employment rights, setting a precedent for service law compliance in educational schemes.
The Rajasthan High Court suspended the sentence of a life convict who had already served over 10 years, 10 months, and 21 days, aligning with Supreme Court directives in Sonadhar and Saudan Singh. The ruling reinforces that prolonged incarceration without appeal disposal justifies bail, even in heinous offences, unless exceptional circumstances exist.
Rajasthan High Court rules that an axe blow to the head constitutes sufficient prima facie evidence of intent to commit murder under BNS, justifying charge framing. The ruling clarifies that courts need not wait for trial to assess intent where the act itself demonstrates clear criminal purpose, impacting criminal procedure in violent offences.
Rajasthan High Court rules that imposing a 20% fine deposit as a precondition for suspending sentence under Section 138 NI Act is unjustified without recorded reasons. The decision reinforces judicial discretion in bail matters, impacting accused facing financial penalties in cheque bounce cases.
Rajasthan High Court reinforces equitable treatment for police personnel who resigned to join other state services by directing reimbursement of recovered salary with 6% interest, citing the binding Arun Choudhary precedent. The ruling underscores that the State cannot apply differential standards once the precedent has been consistently implemented, ensuring financial justice for affected employees.
Rajasthan High Court suspends sentence under POCSO Act, granting bail to appellant who claimed consensual relationship with deceased victim, pending appeal.
Rajasthan High Court quashes FIR under Sections 64(2)(m), 308(2), and 351(3) of BNS, 2023, holding that compromise between parties can justify quashing even in non-compoundable offences if no useful purpose is served.
Rajasthan High Court suspends conviction in a sexual assault case, emphasizing that hostile witnesses and absence of forensic corroboration undermine prosecution credibility. The ruling underscores that prolonged incarceration without appeal hearing warrants interim relief under Section 389 BNSS, particularly when DNA/FSL reports fail to support allegations.
Rajasthan High Court holds that child custody with a biological parent during marital discord does not amount to illegal detention under habeas corpus. The court emphasizes that custody disputes must be resolved through legal proceedings, not writ petitions, ensuring the child's welfare remains paramount.