Latest news with #RajasthanHC
Time of India
17-05-2025
- Entertainment
- Time of India
Blackbuck poaching case: Rajasthan HC to hear appeals of Salman Khan, govt on July 28
The Rajasthan HC is set to hear appeals on July 28 concerning Salman Khan's blackbuck poaching case JODHPUR : Seven years after Salman Khan was convicted and sentenced to five years in jail in the blackbuck poaching case , the Rajasthan high court will hear the appeals filed by the actor as well as the state govt on July 28. While the actor had challenged his conviction and sentencing in the case, the state govt had filed an appeal against the acquittal of other accused film stars — Saif Ali Khan , Sonali Bendre, Neelam and Tabu — and a local resident, Dushyant Singh. Justice Manoj Kumar Garg on Friday ordered the clubbing of both the appeals, and directed the matter to be listed for July 28. Actor had challenged his conviction The five actors and the local resident were booked for hunting two blackbucks in the Kankani area of Jodhpur on Oct 1-2, 1998, when they were in the district for 'Hum Saath Saath Hain''s shooting. In April 2018, a trial court convicted Salman in the case and awarded a five-year prison sentence but acquitted the others. The actor challenged his conviction in the sessions court and has since been out on bail, while the state moved HC against the acquittal of the five co-accused. According to Mahipal Bishnoi, the complainants' lawyer, Salman later requested to transfer his petition to the HC, saying both cases were part of the same trial. The HC allowed the transfer, but there had been no progress in the case since then. 'So, we prayed in the court today (Friday) to list both appeals for hearing,' Bishnoi said.
The Print
04-05-2025
- General
- The Print
What Rajasthan HC said ordering free education for 11-yr-old rape survivor till age of majority
The Rajasthan HC received three letters from Balika Grah's superintendent between November 2024 and February 2025, requesting school admission for the rape survivor. The Rajasthan HC ruling on 15 April this year referred to a lower court order from last year, emphasising her comprehensive care and support, including shelter, medical assistance, and education, until she reached the age of majority, which, under the Indian Majority Act 1875, is 18. New Delhi: The Jaipur Bench of the Rajasthan High Court, on a series of requests by the Superintendent of the state government-run Balika Grah in Gandhinagar, has granted a rape survivor free enrolment in Class 3, directing officials to give her full support for her schooling. The survivor reportedly gave birth to a child while residing at the Balika Grah, with the newborn handed over to the Central Adoption Resource Authority (CARA), after which she said she wanted to continue her education to build a better future. The single bench of Justice Anoop Kumar Dhand stressed the importance of the right to education in India, highlighting its fundamental nature, which should apply to every child, and the challenges in girls' education. The judge said: 'The Constitution (Eighty-sixth Amendment) Act, 2002, inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.' 'The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which represents the consequential legislation envisaged under Article 21-A, means that every child has a right to full-time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards,' it added. The girl was admitted to Balika Grah on 19 January, 2024 under a previous 17 January, 2024 lower court order. The earlier order directed necessary care for her, along with nutritious food, medical attendance, and facilities, including education. The lower court took into account the difficult family circumstances of the petitioner, a young girl, who had no one to care for her. Recognising her vulnerable situation, it deemed it appropriate to admit her to Balika Grah. The order stated she should remain at the facility until she attained the age of majority, that is, 18. For her overall well-being and development, it also instructed the superintendent and staff to look after her, providing her with nutritious food, medical care, or any other assistance she may require. Adding to this, the Rajasthan HC order said, 'Looking to her interest in studies and her wish to undergo studies, this court deems it just and proper to grant permission to the Superintendent, Government Balika Grah, Department of Child Rights, Gandhinagar, Jaipur, to admit the girl in any government school situated nearby the vicinity of Balika Grah and bear expenses of her studies and provide her necessary books and study material to continue her studies till attaining the age of majority.' The Rajasthan HC ordered the facility to ensure that the expenses of her education and materials were covered. It asked the Balika Grah superintendent, police superintendent police (rural), Jaipur district administration, and child protection officer to submit documentary proof of her school admission and annual reports in the first week of July. They should also visit the child regularly to ensure her studies continue without hurdles, the Rajasthan HC said. The ruling reinforced the commitment to ensuring educational access and support for vulnerable children in state care, aligning with constitutional mandates and the broader goal of empowering girls through education. Addressing the gender gap in education, the court said, 'Despite the benefits of girl education, many challenges remain in India. Girls often are expected to prioritise household chores and marriage over education, and many families cannot afford to send their daughters to school.' The judge said that girls are still 'lagging behind boys in enrollment, completion rates, and literacy'. The Indian government and non-governmental bodies, however, are aiming to increase access to education for girls, with some progress over the recent years. 'However, there is still a long way to go to ensure that every girl in India can receive a quality education and realise her full potential,' the Rajasthan HC said. (Edited by Madhurita Goswami) Also Read: SC asks govt to respond to divorced man's plea against Surrogacy Act. How law regulates access in India
New Indian Express
27-04-2025
- Business
- New Indian Express
High Courts can't quash FIR when larger economic offences are manifest: Supreme Court
NEW DELHI: In a significant ruling, the Supreme Court has ordered that the High Courts can't quash the FIR when larger economic offences are manifest, even if there is a civil transaction history between parties. "Financial frauds need deeper scrutiny and cannot be brushed off as civil disputes. Dummy firms, suspected conspiracy etc. warranted probe," said, a two-judge Bench of the apex court, led by Justice Bela M Trivedi and Justice Prasanna B Varale, in an order recently. The bench of the top court passed the judgement on hearing a case involving Dinesh Sharma against a company. Lawyer and Advocate on Record (AOR), Krishnamohan Menon, appearing for the appellant, Sharma, said this ruling, lays down the principle that-financial disputes involving manifest fraudulent intent or larger Economic Offense should not be dismissed as mere civil matters without proper investigation, even if there is civil/commercial transaction history between the parties. Setting aside the Rajasthan HC order, which quashed the FIR, against the company -- Emgee Cables and Communication Ltd -- the top court said, the peculiar facts and circumstances of the present case warrants thorough investigation as there was a huge amount involved. "It is true that there is a growing tendency of parties to rope in their counterparts to harass and extract monetary transaction. It is the duty of the Court to consider the facts of each case, in its proper perspective and then to arrive at the conclusion as to whether the case warrants investigation or the proceedings are required to be quashed. The peculiar facts and circumstances of the present case warrant a thorough investigation as there was a huge amount involved," said the SC in its order. The judgment underscores the importance of judicial scrutiny in cases where financial misconduct is alleged, ensuring that criminal liability is not evaded under the guise of contractual disputes. The Apex Court, while doing so, has drawn an exception to the general principle that FIRs (First Information Reports) can be quashed when the Civil/Commercial transaction history between the parties indicates that the dispute is of a civil nature. The SC has held that if Economic Offences in the form of creation of shell companies to siphon money and materials is clear from connected FIR (S), the Enforcement Directorate Orders or otherwise from the records, the intention to cheat is manifest and the High Court cannot quash an FIR filed alleging under Section 420 (Cheating) of the Indian Penal and (IPC) and other sections of the law. Reversing the Order of the Rajasthan HC which had quashed the Subject FIR filed by the Appellant-supplier (Dinesh Sharma) against the accused Respondent-buyers, the top court said, "Financial frauds demand a higher degree of judicial scrutiny, given their far-reaching consequences on the economy, investors, and financial institutions. Thus, when an accused is engaged in conduct akin to financial fraud, courts must be cautious and weigh all material circumstances before exercising their power under Section 482 CrPC to quash proceedings." Restoring the criminal proceedings, against the company -- Emgee Cables and Communication Ltd -- the top court said, the HC cannot ignore material produced before it and proceed only on the premise of civil/commercial transaction history between the parties.
