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Showing posts with label rajasthan high court. Show all posts
Showing posts with label rajasthan high court. Show all posts
Saturday, 4 October 2025

Rajasthan HC: Deceased's Ability To Pay Heavy EMIs Relevant Factor When Determining His Income In Motor Accident Compensation Claim

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Having regard to the totality of circumstances, this Court is of the considered and unambiguous opinion that the deceased’s monthly income m...
Thursday, 25 September 2025

Rajasthan HC: Section 65B Certificate Valid Only from Original Recording Device Owner

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The Rajasthan High Court recently delivered an important ruling regarding the issuance of certificates under Section 65B of the Indian Evide...
Wednesday, 2 July 2025

Rajasthan HC: S.193(9) of BNSS Bars Further Investigation After Filing Of Police Report Without Permission Of Trial Court

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 Before parting, I may also hasten to add here that, in any case, where a report under section 193(3) of the Bharatiya Nagarik Suraksha Sanh...

Rajasthan HC: High Court Affirms Accused’s Right to Seek Call and Location Details of Prosecution Witnesses During Prosecution Evidence

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 The petitioner herein is under-trial being accused serious offence under Section 302 of IPC. If he is held guilty, the consequence thereof ...
Sunday, 19 January 2025

Rajasthan HC: The govt can not deny medical reimbursement of its employee if he has taken treatment in Unrecognized Private Hospital in emergent situation

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 Illustratively, reference may be had to the judgment rendered by a Coordinate Bench of this Court in Kanhaiya Lal Dave Versus State of Raja...
Sunday, 29 December 2024

Rajasthan HC: [S.152 BNS] Sedition Law Is A Shield For National Security, Not A Sword Against Political Dissent

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12.4. To sum up, laws restricting speech must be narrowly tailored.  There must be a direct and imminent connection between the speech and t...
Saturday, 28 September 2024

Rajasthan HC: Complainant in Case Under S 138 of NI Act is victim as per s 2(y) of BNSS, he can file appeal against acquittal before Sessions Court

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This application for grant of leave to file appeal has been  filed by complainant-Vikram Manshani against the judgment dated  12.02.2024 pas...
Monday, 17 June 2024

How to decide quantum to compensation for death of unborn child in motor accident?

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This Court is in respectful agreement with the judgments of Andhra Pradesh High Court in the case of Oriental Insurance Co. Ltd. (supra) and...

Under which circumstances it can be said that Insurance Company has failed to prove that insurance policy produced by claimant in motor accident claim petition is fake?

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 It is evident from the facts and undisputed that the accident occurred on 09.06.2012, as a result of which Jepu Khan succumbed to injuries ...
Saturday, 8 June 2024

Under which circumstances the revisional court should not discharge accused?

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Thus, this Court is of the firm opinion that if a strong suspicion exists in the mind of the court at the stage concerned, then the same is ...
Wednesday, 22 May 2024

Death of a dog in vehicular accident – whether claim petition for the death of a dog is maintainable?­

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From a perusal of the aforesaid two provisions, it is established that the word person has been used and a claim petition can be filed on ac...
Tuesday, 1 August 2023

What are basic principles the court should follow while deciding an application seeking permission to file replication or rejoinder?

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The principles deducible from the above discussions may be summarised thus - a) The plaintiff cannot be allowed to introduce new pleas by wa...
Tuesday, 23 May 2023

Whether an order rejecting an application for condonation of delay and dismissal of an appeal as time barred is a decree?

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 In view of above discussions,  it is clear that order rejecting an application for condonation of delay is not a decree. Consequently, dism...
Sunday, 27 March 2022

Precaution to be taken by Juvenile justice board while dealing with preliminary assessment of Juvenile

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31. In view of the above discussion made hereinabove, we conclude as below: (i) that the entire investigation is vitiated for the reason tha...
Saturday, 19 February 2022

Can the court quash FIR if there is a delay of twelve years in the investigation of the case considering the right to speedy trial of the accused?

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 It is pertinent to note that the FIR was lodged in the year 2009 and has remained pending for investigation for now more than 12 years. In ...
Tuesday, 12 October 2021

How to appreciate evidence of bone ossification test and margin of error principle?

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  It is an admitted position that the Medical Board did not examine the prosecutrix personally for ascertaining her age and Board has based ...
Sunday, 29 August 2021

On what terms Appellate court can grant stay to eviction decree?

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As held by this Court in  Atma Ram Properties (P) Ltd. v. Federal Motors (P) Ltd . , once a decree for eviction has been passed, in the even...
Sunday, 11 April 2021

Whether court can direct the party to serve a bailable warrant to the witness personally?

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 It has next been contended by Mr. Lodra that the trial court had committed material irregularity in directing the plaintiff to get the warr...
Sunday, 24 January 2021

Whether the court can direct concurrent running of default sentences in cheque dishonour case?

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Having considered the facts and circumstances of the present case, offence involved, sentences awarded, period of detention of the petitione...
Wednesday, 13 January 2021

In the Digital Era Employees Working In Different States can Be Treated as working in One Work Place under Sexual Harassment law.

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In the present digital world, work place for employees working in the Bank and who have earlier worked in the same Branch and later on shift...