Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application
3 months, 2 weeks ago

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application

Live Law  

Rajasthan High Court has ruled that the application of rules should be with a humane approach and if procedural violation does not cause prejudice, courts must lean towards doing substantial justice rather than relying upon procedural and technical violation. Procedural and technical hurdles shall not be allowed to come in the way of the court while doing substantial justice.” The bench of Justice Vinit Kumar Mathur granted relief to the petitioner who had applied for the post of a lab technician but was denied appointment despite securing more marks than the selected candidates. It was the case of the petitioner that his candidature was rejected since he failed to fill out his experience certificate as per the guidelines issued with the The Court observed that after comparing the experience certificate that was submitted by the petitioner with the prescribed proforma, it was revealed that the latter had only one additional column containing a question. “In the considered opinion of this court, non filling of the information in column No.8 cannot be a ground to refuse appointment to the petitioner on the post of Lab Technician more particularly when the certificate which is similar in nature has been produced by one Phool Singh and the same has been considered by the respondents and he has been given appointment on the post of Lab Technician.” The Court further opined that the judiciary was not respected for its power to legalize injustice on technical grounds but for being capable of removing it and was expected to do so.

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History of this topic

Rajasthan HC Disapproves Of Interim Order Increasing Seats In Medical College, Refuses To Interfere Since Admission Process Was Already Over
3 days, 10 hours ago

Rajasthan HC Disapproves Of Interim Order Increasing Seats In Medical College, Refuses To Interfere Since Admission Process Was Already Over

Live Law  

The bench however observed that even though they were of the view that the single judge should not have granted the interim order, however since the admission process in the present case was already over and students had paid fees and joined the college, the bench thereafter refused to interfere with the order. The division bench of Chief Justice Manindra …

Rajasthan HC Junks Man's Plea Seeking Dismissal Of Daughter-In-Law From Service Over FIR For Allegedly Abetting Son's Suicide, Imposes 50K Costs
4 days, 13 hours ago

Rajasthan HC Junks Man's Plea Seeking Dismissal Of Daughter-In-Law From Service Over FIR For Allegedly Abetting Son's Suicide, Imposes 50K Costs

Live Law  

Rajasthan High Court imposed a cost of Rs. 50,000 on a father-in-law for filing a “baseless” writ petition seeking removal of his daughter-in-law from the post of patwari on the grounds of a pending FIR against her filed by him alleging her of abetting his son's suicide. The Court was hearing a writ petition filed by the petitioner seeking a …

Candidate Not Responsible For State's Mistake In Issuing Experience Certificate, Cannot Be Denied Appointment: Rajasthan High Court
6 days, 12 hours ago

Candidate Not Responsible For State's Mistake In Issuing Experience Certificate, Cannot Be Denied Appointment: Rajasthan High Court

Live Law  

Rajasthan High Court observed that the State could not take advantage of its own wrong of issuing an incorrect experience certificate to the petitioner and then making her run from pillar to post, and rejecting her candidature for the post of Auxiliary Nurse & Midwives based on such mistake. The petitioner being eligible applied but did not find her name …

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed
Trending News
1 week, 2 days ago

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

Live Law  

The Supreme Court recently dismissed a Special Leave Petition challenging a Rajasthan High Court judgment that directed the appointment of a candidate in the Rajasthan Judicial Services Examination 2021. A bench of Justice Hrishikesh Roy and Justice SVN Bhatti refused to interfere with the Rajasthan High Court's decision observing, “Having considered the basis for the impugned judgment of the Division …

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed
Trending News
1 week, 2 days ago

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

Live Law  

The Supreme Court recently dismissed a Special Leave Petition challenging a Rajasthan High Court judgment that directed the appointment of a candidate in the Rajasthan Judicial Services Examination 2021. A bench of Justice Hrishikesh Roy and Justice SVN Bhatti refused to interfere with the Rajasthan High Court's decision observing, “Having considered the basis for the impugned judgment of the Division …

Rajasthan High Court Dismisses PIL Challenging Appointments Of AAGs, Law Officers; Says Executive's Domain To Decided Their Suitability
2 weeks, 5 days ago

Rajasthan High Court Dismisses PIL Challenging Appointments Of AAGs, Law Officers; Says Executive's Domain To Decided Their Suitability

Live Law  

The Rajasthan High Court has dismissed a PIL filed by the national President of “Lashkar-E-Hind”, challenging the appointment of Additional Advocate Generals and Law Officers by the State Government, for lacking any merits and being filed solely on the basis of vague allegations. “The suitability of a lawyer who is engaged by the Government is a matter exclusively within the …

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction
3 weeks, 2 days ago

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction

Live Law  

Rajasthan High Court has set aside the conviction of a man convicted by the Special POCSO Court on the grounds that when the appellant's counsel refused to appear, instead of appointing an Amicus Curiae at that instance, the trial court closed the evidence. It was contended by the Amicus Curiae on behalf of the appellant that on account of trial …

Litigants Can't Suffer For Advocate's Bona-Fide Mistake: Rajasthan HC Restores Appeal Dismissed For Failure To Serve Notice On Respondent
3 weeks, 2 days ago

Litigants Can't Suffer For Advocate's Bona-Fide Mistake: Rajasthan HC Restores Appeal Dismissed For Failure To Serve Notice On Respondent

Live Law  

Rajasthan High Court has ruled that sometimes bonafide mistake could be committed by the counsel for a litigant by not furnishing the requisite notices upon the opposite party, however, instead of applying a hyper-technical approach and rejecting the case, justice oriented approach should be applied. The Court was hearing writ petitions filed against the order of the Rajasthan Civil Services …

Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court
3 weeks, 2 days ago

Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court

Live Law  

Rajasthan High Court has ruled that the possibility of disciplinary inquiry taking a long time could not be a reason to invoke Section 19 of the Rajasthan Civil Services Rules, 1958 and do away with the inquiry. Hence, in order to take a quick and effective action, the disciplinary authority dismissed the petitioner from services under Rule 19 to send …

Discrepancy In Document Submission, Rajasthan High Court Directs To Accept Based On Merit Of Candidate
3 weeks, 3 days ago

Discrepancy In Document Submission, Rajasthan High Court Directs To Accept Based On Merit Of Candidate

Live Law  

A Single Judge Bench of Justice Sameer Jain of the Rajasthan High Court observed that the merit of a candidate is a cardinal factor in determining the eligibility for admission. On the other hand, the Counsel for the Respondent stated that the Petitioners were informed well in time that it was mandatory to furnish Class XI mark-sheet along with the …

Can't Make Party Suffer For Counsel's Non-Appearance Or Failure To Make Alternate Arrangement For Appearance: Rajasthan High Court
3 weeks, 5 days ago

Can't Make Party Suffer For Counsel's Non-Appearance Or Failure To Make Alternate Arrangement For Appearance: Rajasthan High Court

Live Law  

While hearing a writ petition, Rajasthan High Court upheld an order of the trial court that set aside an ex-parte decree against the respondents on the ground that the counsel of the respondents had underwent eye surgery and thus owing to his health conditions, he was not able to make an appearance before the court for the proceedings. However, we …

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed
1 month ago

Rajasthan High Court Impleads Then Jodhpur Collector, SDO, Tehsildar In Encroachment Case; Warns Of Jail Sentence If Orders Aren't Followed

Live Law  

In a contempt matter concerning encroachment of land, the Jodhpur bench of the Rajasthan High Court directed the petitioner to implead the then concerned Collector, Sub-divisional Officer and Tehsildar to seek their stand, warning them of punishment including "jail sentence" if they don't pay heed to court orders. The division bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri …

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs
1 month ago

Preposterous To Assume Judges Can't Commit Mistake While Passing Orders: Rajasthan HC Sets Aside Compulsory Retirement Of ADJ After 9 Yrs

Live Law  

Rajasthan High Court has set aside the penalty of compulsory retirement imposed upon an Additional District and Sessions Judge in 2015 for allowing the second bail application filed by a murder accused, despite having knowledge of the fact that the first bail application was rejected by the High Court and there was a pending transfer petition in front of the …

[Rajasthan Police Service Rules] Penalty Of Censure Cannot Come In Way Of Promotion Where Criteria For Is Seniority-Cum-Merit: High Court
1 month ago

[Rajasthan Police Service Rules] Penalty Of Censure Cannot Come In Way Of Promotion Where Criteria For Is Seniority-Cum-Merit: High Court

Live Law  

Rajasthan High Court has reaffirmed that a penalty of censure is not an impediment in promotion where the selection criteria to the post is not solely based on merit but also has a component of seniority in it. It was the case of the petitioner that since the penalty of stopping three annual grade increments was set aside by the …

Preferential Treatment In Selection Based On Present Place Of Posting Discriminatory, Violates Right To Equality: Rajasthan High Court
1 month, 1 week ago

Preferential Treatment In Selection Based On Present Place Of Posting Discriminatory, Violates Right To Equality: Rajasthan High Court

Live Law  

Rajasthan High Court has ruled that Rajasthan Government's decision to grant bonus marks in teacher selection exam to those opting for posting in the districts in which they were currently posted in government employment was not only against the statutory rules but also violative of Articles 14, 15 and 16 of the Constitution of India. “The offending part of Condition …

CRPC | Magistrate Need Not Pass Detailed Order At Process Issuance Stage, Application Of Mind Is Crucial: J&K High Court
1 month, 1 week ago

CRPC | Magistrate Need Not Pass Detailed Order At Process Issuance Stage, Application Of Mind Is Crucial: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has held that while a formal or reasoned order is not mandatory when a Magistrate issues a process under Sections 190/204 of the Criminal Procedure Code, it is crucial that the Magistrate's order shows an indication of thoughtful consideration of the matter. The Court observed that while there is no requirement for …

Election Tribunal's Discretion Under Rajasthan Panchayati Raj Rules To Appoint Commissioner For Recording Evidence Is Enabling: High Court
1 month, 2 weeks ago

Election Tribunal's Discretion Under Rajasthan Panchayati Raj Rules To Appoint Commissioner For Recording Evidence Is Enabling: High Court

Live Law  

The Jodhpur bench of the Rajasthan High Court ruled that Rule 85 of the Rajasthan Panchayati Raj Rules, did not prohibit the Election Tribunal from appointing a Court Commissioner for examining a witness because the discretion provided in proviso to the Rule made the provision enabling and not prohibitory. A single judge bench of Justice Kuldeep Mathur in its order …

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court
1 month, 2 weeks ago

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court

Firstpost  

The verdict, which was reserved way back in October 2023, came in a matter that dealt with the question of whether a High Court, in exercise of its powers under Section 482 CrPC, can quash a sexual harassment case based on compromise between the accused and the survivor. Supreme Court on Thursday set aside Rajasthan High Court’s decision to quash …

High Court Holds Arbitral Award To Be Patently Illegal Due To Concealment Of Material Facts, Violation Of HC Order
1 month, 3 weeks ago

High Court Holds Arbitral Award To Be Patently Illegal Due To Concealment Of Material Facts, Violation Of HC Order

Live Law  

The Rajasthan High Court has held that it was the bounden duty of the respondent to apprise the Arbitral Tribunal about the dismissal of the writ petition. Non-disclosure of the same, tantamount to grave misconduct on part of the respondent. The court observed that the use of the word 'however' does not mean that the decision that Steering Group had …

Suppressing Pending Criminal Case Ground To Deny Employment Irrespective Of Gravity Of Charges: Rajasthan High Court
3 months ago

Suppressing Pending Criminal Case Ground To Deny Employment Irrespective Of Gravity Of Charges: Rajasthan High Court

Live Law  

Rajasthan High Court denied relief to a rejected candidate for the post of a primary school teacher on the grounds of not disclosing the fact of a pending criminal case against him in the application form as well as filing a false self-declaration form to that effect. “When a person is entrusted with the pious duty of imparting education and …

Rajasthan HC Quashes Censure Order Against Govt School Teacher For Substandard Class 8 Results, Finds No Specific Allegation Against Him
3 months ago

Rajasthan HC Quashes Censure Order Against Govt School Teacher For Substandard Class 8 Results, Finds No Specific Allegation Against Him

Live Law  

Granting relief to a government school teacher, the Jaipur bench of the Rajasthan High Court set aside an order of censure passed against him over the result of Class 8 Board Examination in the concerned school being below the standard set by Department of Education. Referring to decisions of the high court on the issue, a single judge bench of …

When Selection Criteria Is Mentioned On Website, Non-Mentioning In Advertisement For Post Does Not Vitiate Selection Process: Rajasthan HC
3 months, 1 week ago

When Selection Criteria Is Mentioned On Website, Non-Mentioning In Advertisement For Post Does Not Vitiate Selection Process: Rajasthan HC

Live Law  

Rajasthan High Court has ruled that not mentioning of selection criteria in the “It is also noted that the Rules of selection were not changed for the selection process as they are very much in existence prior to the date of selection on the Website of RPSC, however, non mentioning of the same in the The bench of Justice Vinit …

Rajasthan High Court Grants Custody Of 2-Yr-Old Child To Widow Who Was Accused Of Abetting Husband's Suicide By In-Laws
3 months, 2 weeks ago

Rajasthan High Court Grants Custody Of 2-Yr-Old Child To Widow Who Was Accused Of Abetting Husband's Suicide By In-Laws

Live Law  

Rajasthan High Court allowed a habeas corpus petition filed in relation to a 2-year-old by a widowed mother, accused of abetting the suicide of her husband by in-laws. The division bench of Justice Inderjeet Singh and Justice Bhuwan Goyal ruled that mother being the natural guardian and in sound financial position as opposed to the respondent-grandparents was entitled to the …

Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC
4 months, 1 week ago

Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC

Live Law  

The Rajasthan High Court granted relief to an aspirant for a government job 9 years after his candidature was rejected, despite being meritorious, on the grounds of a pending criminal case against him. The Court observed that firstly, denying government employment merely on the grounds of a pending criminal case was illegal, arbitrary and unjust because as per criminal jurisprudence, …

"Cruelty Case By Daughter-In-Law Not Related To Official Duty": Rajasthan HC Grants Retiral Benefits To Deceased Govt Employee's Heirs After 21 Yrs
4 months, 4 weeks ago

"Cruelty Case By Daughter-In-Law Not Related To Official Duty": Rajasthan HC Grants Retiral Benefits To Deceased Govt Employee's Heirs After 21 Yrs

Live Law  

The Rajasthan High Court has granted relief to the heirs of a deceased government employee whose retiral benefits were suspended by the government pursuant to the filing of a case under Section 498A, IPC against his son and all other family members including himself by his daughter in law. Consequently, without affording any opportunity of hearing to the petitioner, the …

Govt Cannot Disqualify Candidate Based Grounds Which Are Not Mentioned In Advertisement For Job Post: Rajasthan High Court
5 months, 3 weeks ago

Govt Cannot Disqualify Candidate Based Grounds Which Are Not Mentioned In Advertisement For Job Post: Rajasthan High Court

Live Law  

The Rajasthan High Court has set aside an order of the Department of Medical, Health and Family Welfare, Government of Rajasthan that rejected a candidate for a government post on the ground that the reason for disqualification was not mentioned as a disqualification criterion in the “The ground of rejection of the candidature of the petitioner seems to be wholly …

Supreme Court Approves HC Order Quashing Haryana Govt Decision To Grant Extra Marks To Certain Domiciles In Recruitment Tests
5 months, 4 weeks ago

Supreme Court Approves HC Order Quashing Haryana Govt Decision To Grant Extra Marks To Certain Domiciles In Recruitment Tests

Live Law  

The Supreme Court on Monday dismissed a petition filed by the Haryana Staff Selection Commission against a judgment of the Punjab and Haryana High Court setting aside a 2022 Notification that granted 5% additional marks to domiciles of Haryana in recruitment to certain posts based on "socio-economic" criteria. The vacation bench of Justices AS Oka and Rajesh Bindal was hearing …

Availing Civil Remedy No Basis To Quash Criminal Proceedings When Facts Prima Facie Reveal Criminal Offence: Rajasthan High Court
6 months ago

Availing Civil Remedy No Basis To Quash Criminal Proceedings When Facts Prima Facie Reveal Criminal Offence: Rajasthan High Court

Live Law  

The Rajasthan High Court has reiterated that availing a civil remedy does not by itself become grounds to quash a criminal complaint filed concerning facts which not only make out a civil wrong but a criminal offence as well. The Court said: “Merely on account of the fact that complainant had a civil remedy as also has availed that remedy, …

Candidates Can't Be Permitted To Amend Application Form Once Correction Window Expires: Rajasthan High Court Reiterates
6 months, 1 week ago

Candidates Can't Be Permitted To Amend Application Form Once Correction Window Expires: Rajasthan High Court Reiterates

Live Law  

“Candidature of a candidate can only be considered on the basis of the entries made by a candidate in his/her online/offline application form, including the correction/amendment made in such application form within the period allowed by the recruiting agency," the Rajasthan High Court said. Justice Ganesh Ram Meena reiterated that a candidate cannot be permitted to make correction/amendment in the …

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers
8 months, 1 week ago

Name Of Minor Rape Victim Disclosed In Investigation & Trial: Rajasthan High Court Directs Sensitisation Program For Police, Judicial Officers

Live Law  

Expressing concern about a situation where the identity of a rape victim was disclosed during investigation and trial, Rajasthan High Court has proposed an exercise of sensitization for the police officers and judicial officers to ensure that such instances do not repeat. “In this background, the court feels that an exercise of sensitization of the police officers and judicial officers …

Rajasthan HC Stays Coercive Action Against Judicial Magistrate Accused Of Asking Rape Victim To Strip, Asks Media Not To Sensationalise Issue
8 months, 2 weeks ago

Rajasthan HC Stays Coercive Action Against Judicial Magistrate Accused Of Asking Rape Victim To Strip, Asks Media Not To Sensationalise Issue

Live Law  

The Rajasthan High Court today stayed coercive action till May 27 against a Judicial Magistrate who is facing an FIR for allegedly asking a Rape survivor to strip and show her injuries, last month. Appearing for the petitioner-association, Advocate Deepak Chauhan also drew the attention of the High Court towards the articles published in newspapers related to the alleged incident …

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court
9 months, 1 week ago

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court

Live Law  

The Supreme Court reiterated that the High Court by exercising their inherent power must quash the prosecution based on the criminal complaint arising out of a civil transaction. ".although the inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal …

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda
9 months, 1 week ago

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda

Live Law  

The Punjab and Haryana High Court has set aside the summoning order in a cheating case which was lodged 22 years after the alleged incident, observing that prosecution cannot be allowed to take undue benefit of the available legal remedies merely to further its own malicious agenda.A complaint was filed by a son in 2012 against a manager of his …

Can Candidates Change Category Amid Ongoing Recruitment Process If Visited By Widowhood Or Handicap: Rajasthan HC Refers Question To Larger Bench
9 months, 2 weeks ago

Can Candidates Change Category Amid Ongoing Recruitment Process If Visited By Widowhood Or Handicap: Rajasthan HC Refers Question To Larger Bench

Live Law  

The Rajasthan High Court has referred to a larger bench the question regarding legal viability of a candidate changing her category to a special category in the middle of a recruitment process, upon being visited by a misfortune caused by the 'act of god' post the submission of the application form. A Division Bench of Dr Justice Pushpendra Singh Bhati …

Application for public posts: SC junks plea against Rajasthan rules for candidates with more than 2 kids
9 months, 3 weeks ago

Application for public posts: SC junks plea against Rajasthan rules for candidates with more than 2 kids

Hindustan Times  

The Supreme Court has dismissed a plea against the Rajasthan government’s 2001 regulations, which prevent a candidate from applying for a public position if he or she has more than two children. The bench pointed out that the 2003 decision held that the classification, which disqualified candidates for having more than two living children, was non-discriminatory and intra-vires the Constitution, …

Punjab & Haryana High Court Disapproves Of State Authorities Often Raising "Frivolous Objections" To Pleas For Appointment Of Arbitrator
9 months, 3 weeks ago

Punjab & Haryana High Court Disapproves Of State Authorities Often Raising "Frivolous Objections" To Pleas For Appointment Of Arbitrator

Live Law  

The Punjab and Haryana High Court recently expressed dismay over State instrumentalities for strongly contesting applications for appointment of Arbitrator, often by raising frivolous objections.While overruling the objections raised by Punjab Heritage and Tourism Promotion Board in a plea for appointment of arbitrator, Justice Suvir Sehgal said,". The Punjab and Haryana High Court recently expressed dismay over State instrumentalities for …

Should High Court Consult State Govt To Lay Down Criteria For Selection Of District Judges? Supreme Court Asks Haryana Govt
10 months, 1 week ago

Should High Court Consult State Govt To Lay Down Criteria For Selection Of District Judges? Supreme Court Asks Haryana Govt

Live Law  

The Supreme Court on Monday asked if a High Court is required to consult the State Government for laying down the criteria for the selection of District Judges. To which the SG replied, “.nothing remains if the criteria is to be fixed without consultation ….appointment and promotion means anything that forms part of that process because the appointing authority is …

District Judges Selection | Supreme Court Faults Jharkhand HC For Changing Criteria Midway, Directs To Appoint 7 Candidates
10 months, 1 week ago

District Judges Selection | Supreme Court Faults Jharkhand HC For Changing Criteria Midway, Directs To Appoint 7 Candidates

Live Law  

Recently, the Supreme Court observed that after the performance of individual candidates is assessed, then it would be impermissible for the High Court to alter the selection criteria for the appointment of District Judiciary Judges.The Bench Comprising Justices Aniruddha Bose and Sanjay Kumar directed the High Court of Jharkhand to consider the appointment of seven persons qualified to. Recently, the …

Rajasthan High Court Quashes POCSO Case On Being Informed Of Victim's Marriage With Accused
10 months, 2 weeks ago

Rajasthan High Court Quashes POCSO Case On Being Informed Of Victim's Marriage With Accused

Live Law  

Recently, Rajasthan High Court decided to rescind criminal proceedings against a POCSO accused, after being informed that the victim/survivor is living a happily married life with the former. Before quashing the rape case ongoing before Jaipur Metropolitan I Special Judge, the single judge bench of Justice Mahendar Kumar Goyal observed that the survivor herself has stated before the court about …

No Absolute Bar On Appointment In Armed Forces When Acquittal In Moral Turpidute Case Was Due To Benefit Of Doubt: Punjab & Haryana High Court
11 months, 1 week ago

No Absolute Bar On Appointment In Armed Forces When Acquittal In Moral Turpidute Case Was Due To Benefit Of Doubt: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana has made it clear that acquittal on the ground of "benefit of doubt" in moral turpitude, cases is not an absolute bar for appointment in the Armed Forces.The petitioner was appointed as constable in the Indo=Tibetan Border Police Force on compassionate grounds, however, his appointment letter was cancelled because he disclosed that he was implicated in …

After Acceptance Of Compassionate Appointment On A Particular Post A Person Is Precluded From Claiming A Higher Post: MP High Court
11 months, 2 weeks ago

After Acceptance Of Compassionate Appointment On A Particular Post A Person Is Precluded From Claiming A Higher Post: MP High Court

Live Law  

The Madhya Pradesh High Court has observed that once an individual accepts a compassionate appointment, he/she is precluded from seeking or claiming a higher position.Referring to the Supreme Court's Judgment in the case of Rajasthan vs. Umrao Singh, a bench of Justice Vivek Agarwal observed that once a compassionate appointment was given and accepted, the right to. The Madhya Pradesh …

Rahul Gandhi Returns to Lok Sabha: A Deeper Look at SC Verdict, Its Implications
1 year, 4 months ago

Rahul Gandhi Returns to Lok Sabha: A Deeper Look at SC Verdict, Its Implications

The Quint  

Except for the admonition to the petitioner by this Court in a contempt proceeding, no other reason has been granted by the learned trial judge while imposing the maximum sentence of two years. It is to be noted that it is only on account of the maximum sentence of two years imposed by the learned trial judge that the provisions …

Submit Details About Curriculum & Management Of Madrasas: Rajasthan High Court To State
1 year, 5 months ago

Submit Details About Curriculum & Management Of Madrasas: Rajasthan High Court To State

Live Law  

The Rajasthan High Court has directed the State to file an affidavit disclosing the details with regard to the curriculum and the mode of selection and appointment of staff in the Madrasas. The bench of Chief Justice Augustine George Masih and Justice Vinit Kumar Mathur said, “Let an Affidavit be filed by the State, specifically giving therein the details of …

Rajasthan High Court Pulls Up Senior Advocate For Seeking ‘Instant’ Hearing For Interim Relief In Plea Seeking Quashing Of FIR
1 year, 5 months ago

Rajasthan High Court Pulls Up Senior Advocate For Seeking ‘Instant’ Hearing For Interim Relief In Plea Seeking Quashing Of FIR

Live Law  

The Rajasthan High Court at Jaipur pulled up a Senior Advocate for "putting undue pressure" on the court to hear the prayer for stay of investigation in an FIR under Sections 410, 181, 198, 199, 200 of IPC against his client. Justice Birendra Kumar said said court has maintained "utmost restraint" in not initiating contempt proceedings against the senior counsel …

State Cannot 'Pick & Choose' In Selection Process, Must Provide Non-Discriminatory Reasons For Appointment: Jammu & Kashmir High Court
1 year, 6 months ago

State Cannot 'Pick & Choose' In Selection Process, Must Provide Non-Discriminatory Reasons For Appointment: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has observed that when exceptionally qualified candidates are not offered appointments, the State must provide valid and non-discriminatory reasons for its decision. Considering the arguments, Justice Wani answered a crucial questions about the rights of candidates participating in a selection process and whether an employer, especially a "State entity", can selectively make …

Rajasthan High Court Sets Aside RSEB's Decision To Exclude Male Candidates From Compassionate Appointment On LDC Post
1 year, 6 months ago

Rajasthan High Court Sets Aside RSEB's Decision To Exclude Male Candidates From Compassionate Appointment On LDC Post

Live Law  

The Rajasthan High Court quashed an order dated October 17, 1996 issued by Rajasthan State Electricity Board which provided for the appointment of only female candidates as Lower Division Clerk under a compassionate scheme. The single judge bench of Justice Anoop Kumar Dhand observed that exclusion of Male candidates for getting compassionate appointment on the post of LDC is based …

Civil Judges' Appointment | Supreme Court Takes Divergent View On Granting Relief To Candidates Who Submitted Category Certificates After Cut-Off Date
1 year, 6 months ago

Civil Judges' Appointment | Supreme Court Takes Divergent View On Granting Relief To Candidates Who Submitted Category Certificates After Cut-Off Date

Live Law  

The Supreme Court, recently, delivered split judgment in a matter pertaining to Rajasthan High Court denying appointment of applicants to the post of Civil Judge on the ground that they had submitted the category certificate beyond the cut-off date. However, Justice Trivedi concluded that the appellants who are the defaulters could not be given preferential treatment by accepting the certificates …

Rajasthan High Court Upholds Benefit Of Probation To Two Convicts, Says Complainant Has No Right To Seek Enhancement Of Sentence
1 year, 8 months ago

Rajasthan High Court Upholds Benefit Of Probation To Two Convicts, Says Complainant Has No Right To Seek Enhancement Of Sentence

Live Law  

The Rajasthan High Court on Tuesday upheld the judgement of a trial court which extended the benefit of probation to two convicts who were convicted under Section 323, Section 325 and Section 504 of IPC, in alternative to their imprisonment. The singe judge bench of Justice Farjand Ali observed: “I have gone through the judgment passed by learned trial Judge …

[Judges' Appointment] No Reason To Assume That Collegium Isn't Mindful Of Its Duty: Uttarakhand High Court
2 years, 2 months ago

[Judges' Appointment] No Reason To Assume That Collegium Isn't Mindful Of Its Duty: Uttarakhand High Court

Live Law  

Dealing with a Public Interest Litigation plea pertaining to the appointment of judges in the HC as per the sanctioned strength, the Uttarakhand High Court recently observed that it is the Job of the HC Collegium to make the recommendations and that there is no reason to assume that the collegium is not mindful of its duty, or that it …

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