Rajasthan High Court Weekly Round-Up: May 18 to May 24, 2026

NOMINAL INDEX [Citations 185 - 201]Laxmilal v Parwati; 2026 LiveLaw (Raj) 185KB v SK; 2026 LiveLaw (Raj) 187Apoorva Agrawat v State of RajasthanPrashant Kaushik & Ors. v State of Rajasthan & Anr.; 2026 LiveLaw (Raj) 189Devesh Sharma v State of Rajasthan & Anr.; 2026 LiveLaw (Raj) 190Hari Ram v Chunni Devi; 2026 LiveLaw (Raj) 191Lal Singh Chouhan v State of Rajasthan & Ors.;...

Compassionate Appointment For Kin Of Permanently Disabled Employees Applicable Even If Accident Predated Rules: Rajasthan High Court

The Rajasthan High Court has held that date of accident has no relevance while considering application for compassionate appointment under Rajasthan Compassionate Appointment of Dependents of Permanent Total Disabled Government Servants Rules, 2023, if on the date of enforcement of the Rules, the condition of permanent total disability existed. The bench of Justice Anand Sharma observed that...

Rajasthan High Court Upholds Constitutional Validity Of Pension For Ex-MLAs, Dismisses PIL Challenging 1956 Law

The Rajasthan High Court has rejected a petition challenging the constitutional validity of the Rajasthan Legislative Assembly (Officers and Members Salary, Emoluments, and Pension) Act, 1956 (“Act”), insofar as it provides pensionary benefits to former Members of the Legislative Assembly (“MLAs”).The division bench of Justice Pushpendra Singh Bhati and Justice Vinit Kumar Mathur...

Order VI Rule17 CPC | Mere Delay In Seeking Amendment Of Pleadings Not Ground To Reject It: Rajasthan High Court

The Rajasthan High Court has held that mere delay in making an amendment application under Order 6 Rule 17 CPC is not enough by itself to refuse such an amendment, since the delay could be compensated in terms of money.Order 6 Rule 17 CPC authorizes the court to permit a party to alter or amend their pleadings at any stage of the proceedings. The bench of Justice Maneesh Sharma highlighted...

Public Purpose Like Road, Crematorium Cannot Be Achieved At Cost Of Destroying Natural Water Channels: Rajasthan High Court

The Rajasthan High Court has held that the use of a 'Gair Mumkin Nala' (natural drainage and water flow channel) cannot be altered for any non-conforming purposes, like construction of road or a crematorium, merely on the ground that the utilisation was for a public purpose. While directing the State to remove any road, crematorium structure, or encroachments from the concerned land, the...

Foreign Nationals Have Right To Speedy Trial: Rajasthan High Court Grants Bail To Bangladeshi Approvers In 'Illegal Kidney Transplant' Case

The Rajasthan High Court has granted bail to Bangladeshi citizens, accused in the case of illegal kidney transplantation and human trafficking, noting that the foreign nationals were approvers on whose statements the principal accused persons were arrested and they too are entitled to fundamental right of speedy trial under Article 21. The court further said that the foreign nationals cannot...

Saving Belongings From Fire Caused By Snapped Live Wire Not Negligence: Rajasthan High Court Enhances Compensation In Electrocution Death Case

The Rajasthan High Court has held that a man electrocuted while trying to save his belongings from a fire caused by a snapped live electric wire could not be blamed for negligence, observing that such conduct was a “natural human response in an emergent situation.” Enhancing compensation from ₹1.25 lakh to ₹3 lakh in the fatal electrocution case, Justice Farjand Ali said the law does...

Rajasthan High Court Takes Suo Motu Cognisance Of Acute Water Crisis In Jodhpur; Issues Interim Directions

The Rajasthan High Court has taken suo-moto cognizance of the acute water crisis in Jodhpur, including the neglected condition of ancient water bodies and traditional water harvesting systems; ineffective implementation of statutory provisions relating to rainwater harvesting and groundwater recharge, and alarming status of reservoirs, dams and urban water conservation. The division bench of...

High Court Can't Act As 'Third Court Of Facts' In Second Appeals Under Section 100 CPC: Rajasthan High Court

The Rajasthan High Court has held that while exercising jurisdiction under Section 100 CPC, the High Court is not expected to function as a 'third court of facts' for undertaking fresh factual inquiry or reassessing evidence, merely because another view was possible from the record. The bench of Justice Farjand Ali observed that the findings of fact by the courts below carried a presumption...

Disputed Cruelty Allegations Pending In Criminal Case Can't Form Basis For DV Act Compensation: Rajasthan High Court Quashes ₹2 Lakh Award

The Rajasthan High Court has held that when allegations of cruelty or harassment are matters of separate criminal proceedings, which are sub-judice, the court exercising jurisdiction under the Protection of Women from Domestic Violent Act, 2005 (“DV Act”), ought not to grant compensation founded upon such disputed allegations. While setting aside such compensation, the bench of...

Maintenance Meant To Prevent Starvation, Not Impose 'Crushing Financial Burden' On Husband: Rajasthan High Court

The Rajasthan High Court has held that directing payment of maintenance from the date of application, after inordinate delay in conclusion of proceedings, in certain cases can result in an excessively onerous financial burden on the husband, especially upon a salaried person or someone having limited means. While underscoring the true objective of maintenance as prevention of...

Adoption Deed Alone Not Enough; Valid Hindu Adoption Requires Proof Of 'Giving And Taking' Ceremony: Rajasthan High Court

The Rajasthan High Court has held that adoption cannot be recognized in the eye of law merely based on the strength of an executed document. It opined that the ceremony of actual giving and taking of the child concerned is a mandatory feature under the Hindu Adoptions and Maintenance Act, 1956 and the same is not a mere formality.The bench of Justice Farjand Ali was hearing challenge against...