A. Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958—Rule 16—Delay in Disciplinary Proceedings—Inordinate or unexplained delay in initiating or concluding proceedings can be a ground to quash only if it causes manifest prejudice; mere delay without prejudice is insufficient. (Paras 9, 10, 11, 23, 27, 53) B. Rule 16—Charge Sheet—Vagueness—Charge sheet must contain precise allegations; vague or generalized charges violate natural justice. If facts and nature of accusation are discernible and reply is filed, charge sheet is not necessarily vague. (Paras 14, 21, 40–42, 55) C. Drugs and Cosmetics Act, 1940—Section 33P—Binding Directions—Central Government directions to States under Section 33P are binding; State authorities cannot dilute or deviate. (Para...

A. Criminal Procedure Code, 1973—Section 125—Maintenance—Determination of quantum—Principles governing award—Maintenance under Section 125 CrPC is a measure of social justice and not a mode of punishment or unjust enrichment—Object is to prevent destitution and ensure a life of dignity to the dependent spouse—While fixing quantum, Court must strike a judicious balance between the reasonable needs of the claimant and the financial capacity, liabilities, standard of living and overall circumstances of the respondent—Quantum cannot be arbitrary or excessive but must be fair, realistic and proportionate. [Paras 14, 18, 19, 20] B. Criminal Procedure Code, 1973—Section 125—Maintenance—Relevant factors influencing quantum—Mere earning capacity or educational qualific...

Protection of Children from Sexual Offences (POCSO) Act, 2012—Sections 3, 4, 5, 29—Consent—Evidence Act, 1872—Evaluation of Child Testimony—Criminal Law—Sentencing—Compensation—Where the victim is a minor below 12 years, the question of consent is legally irrelevant; Section 29 POCSO Act creates a statutory presumption against the accused once foundational facts are established—The testimony of a child victim must be evaluated on its inherent credibility, consistency, and naturalness, and delayed disclosure explained by trauma or intimidation does not weaken the prosecution case—Sexual assault committed by a parent, particularly a father, constitutes a grave breach of trust, warranting deterrent and exemplary punishment, with leniency being misplaced—The home, intended as a...

Rajasthan Contractual Hiring to Civil Posts Rules, 2022—Rule 6—Rajasthan Medical Health and Subordinate Service Rules, 1965—Rule 10—Constitutional Validity—Minimum Age for ANM Appointment—Articles 14 and 16, Constitution of India—Rule 6 of the Rajasthan Contractual Hiring Rules, 2022, prescribing minimum age of 21 years for contractual appointment of Auxiliary Nurse Midwife/Health Worker (ANM), is ultra vires to the extent it conflicts with Rule 10 of the 1965 Rules prescribing minimum age of 18 years for regular appointment to the same post, where educational qualifications and duties are identical—Arbitrary classification based solely on mode of appointment (regular versus contractual) lacks intelligible differentia or rational nexus, violating Articles 14 and 16—Doctrine of severabi...

Rajasthan Prisoners Release on Parole Rules, 2021—Rules 8, 10, 15—Indigent Prisoner—Constitutional Mandates—Insistence on furnishing surety for release on sanctioned parole, where the prisoner’s indigence is established, constitutes constructive denial and is constitutionally impermissible under Articles 14 and 21—The discretion vested in the Parole Committee to impose conditions must be exercised positively to advance reformative objectives, not to create arbitrary hurdles—Repeated imposition of impractical surety conditions despite judicial waivers reflects institutional apathy and non-compliance with law—High Court directed uniform guidelines: personal bonds commensurate with economic capacity, mandatory waiver of surety for indigent prisoners, and systemized recording of waivers for subs...

Bhartiya Nyay Sanhita, 2023 (BNS)—Sections 318, 316, 336, 340, 61—Quashing of FIR/Criminal Proceedings—Scope of High Court Powers: Allegations of misappropriation, diversion, or siphoning of funds for film production disclose cognizable offences with dishonest intent, even if rooted in contractual arrangements; mere civil foundation does not bar criminal investigation—High Court, exercising inherent powers under Section 528 BNS (analogous to Section 482 CrPC), cannot conduct a mini-trial or assess evidence veracity at the threshold; quashing is an exception, not a rule—Preliminary enquiry and notices under Arnesh Kumar were duly conducted—Jurisdiction clauses, financial diversion history, and suppression of material facts by petitioners are relevant investigative considerations—Applications for qu...

Constitution of India, 1950—Scheduled Areas—Application of State Municipal Law—Rajasthan Municipalities Act, 2009—Article 244(1), Fifth Schedule, Article 243-ZC(1), PESA: Inclusion of a Scheduled Area within municipal limits under state legislation is not per se unconstitutional—Article 243-ZC(1) bars automatic extension of Part IX-A to Scheduled Areas but does not prohibit state municipal laws; such laws apply unless the Governor issues a notification under Paragraph 5(1) of the Fifth Schedule to exclude or modify them—Municipalisation transforms civic governance from Panchayat/PESA structures to urban local bodies, but constitutional protections for Scheduled Tribes under the Fifth Schedule remain fully operative, and advisory tribal institutions continue to safeguard land, livelihood, and cultural ri...

Negotiable Instruments Act, 1881—Sections 138, 147—Code of Criminal Procedure, 1973—Section 401—Compounding of Offence—Settlement Between Parties—Effect—Guidelines Regarding Costs—Held, offence under Section 138 of the Negotiable Instruments Act is primarily compensatory and not punitive in nature; hence, in view of the non obstante clause in Section 147, such offence is compoundable at any stage of the proceedings—Once parties amicably settle the dispute and the complainant receives full compensation, continuance of criminal prosecution becomes unnecessary—Applying the principles laid down in Damodar S. Prabhu v. Sayed Babalal H. [(2010) 2 SCC (Cri) 1328], Meters and Instruments (P) Ltd. v. Kanchan Mehta [(2018) 1 SCC 560], and Sanjabij Tari v. Kishore S. Borcar [2025 INSC 1158]...

Negotiable Instruments Act, 1881 — Sections 138 and 147 — Dishonour of cheque — Compounding of offence — Conviction and sentence set aside on basis of compromise — Petitioner convicted under Section 138 N.I. Act and sentenced to one year’s simple imprisonment with fine of ₹3,00,000 — During pendency of revision, parties executed settlement deed dated 08-10-2025 confirming full payment of cheque amount — Complainant stated no objection to compounding — Held, in view of Section 147 N.I. Act, every offence under the Act is compoundable — Court applied Damodar S. Prabhu v. Sayed Babalal H., (2010) 2 SCC (Cri) 1328 — Meters and Instruments (P) Ltd. v. Kanchan Mehta, (2018) 1 SCC 560; Vinay Devanna Nayak v. Ryot Seva Sahkari Bank Ltd., AIR 2008 SC 716; and Sanjabij Tari v....

A. Bhartiya Nagrik Suraksha Sanhita, 2023—Section 430(2)—Suspension of Sentence—Bail pending appeal—Convict serving life imprisonment with nearly 10 years served—No prospect of early hearing of appeal—Reliance on Supreme Court precedents (Sonadhar v. State of Chhattisgarh; Saudan Singh v. State of Uttar Pradesh)—Held: High Courts should grant bail to convicts who have served 10 years if appeal delay likely, barring specific denial reasons—Sentence suspended and bail granted subject to conditions. (Paras 9, 10, 11, 12, 13) B. Criminal Procedure—Suspension of Sentence—Bail conditions—Applicant required to furnish personal bond and sureties, appear annually before trial court in January, notify counsel of residence changes—Sureties to notify address changes—Tria...