| 1 | CR / 172 / 2006 (C.T.O.,SURATGARH VS M/S EX.ENGINEER,BORDER FENCING DIV.) Date of Order/Judgment: 10/10/2024 Whether the interest on assessed tax payable from the date of first assessment order or subsequent order? HELD: When the first demand notice is not satisfied within prescribed time & original assessment order set aside, the interest should be paid u/s 58 of Rajasthan Sales Tax Act 1954 from date of first assessment order & not fresh assessment order. Petition allowed. |
| 2 | CRLA / 1116 / 2015 (GOPAL VS STATE) Date of Order/Judgment: 10/10/2024 Appellant-accused assails judgment of conviction by Add. Sessions Judge,Udaipur u/s 302, 326 & 329 IPC HELD: The crime committed without any premeditation, owing to a sudden fight in a heat of the moment and thus falls within the definition of Culpable Homicide u/s 299 IPC. The period undergone sufficient to meet the ends of justice. Appeal partly allowed. |
| 3 | EP / 2 / 2024 (JITENDRA KUMAR VS SHRI VISHVARAJ SINGH) Date of Order/Judgment: 10/10/2024 Matter came upon an application under O 7 R 11 CPC as preferred on behalf of Resp. No. 1 for dismissal of election petition. HELD: No breach of provisions of Representation of the People Act, 1951 & of guidelines dictated under Public Interest Foundation’s case. Election petition rejected on the count that it does not disclose any cause of action and the relief No. 2 as prayed cannot be granted to the petitioner. Application under O 7 R 11 allowed. |
| 4 | CRLMB / 12285 / 2024 (MAHESH KUMAR VS STATE OF RAJASTHAN) Date of Order/Judgment: 09/10/2024 Petitioner seeks restoration of liberty u/s 439 Cr.PC/483 BNSS HELD: Considering the facts that key witnesses came forward after an year and delay in providing crucial evidence makes accuracy of testimony doubtful. Complainant not informing police regarding the information received from witnesses and alleged motive stemming from an event in 2012 appears speculative. Petitioners should be released on Bail subject to furnishing a personal bond and 2 surety bonds. Bail allowed |
| 5 | CW / 17161 / 2024 (SUO MOTO VS STATE OF RAJASTHAN) Date of Order/Judgment: 09/10/2024 This Court is concerned about Raj. Patrika & Dainik Bhaskar report reflecting cutting 1.19 lakh trees to form Pumped Storage Project in Baran Distt. HELD: Rt. to a green & healthy environment is considered as a facet of Rt. to life enshrined in A.21 of the Constitution. Duty of the state to preserve, protect & revive environment. Matter be listed as PIL. Ld. DSG & AAG directed to supply copy of reply along with docs. to appoint Amicus Curiae to render assistance to the court |
| 6 | CRLMB / 10594 / 2024 (RUPA RAM VS STATE OF RAJASTHAN) Date of Order/Judgment: 08/10/2024 Petitioner seeks Bail for offences u/s 326(G), 331(3), 190, 189(2), 305, 301, 324(4), BNS 2023. HELD: Burning a dead body in the complainant's residence without performing the proper rites and using the body in such a criminal manner is highly disrespectful and an act of desecration. By looking to the nature and gravity of the accusation, the role attributed to the pet., the antecedents of the applicants, the pet. are not entitled to be released on bail. Application dismissed |
| 7 | CW / 3789 / 2024 (SMT. BHANWRI VS STATE OF RAJASTHAN) Date of Order/Judgment: 07/10/2024 Petitioner aggrieved by rejection of application for transfer of license issued to her husband for running motor driving school HELD: No provision in Central Motor Vehicles Rules 1989 & Motor Driving School Registration Scheme 2018 for transfer of License on the death of licensee & so bounded duty upon courts to grant equitable relief. Eligibility of petitioner to be decided by Resp. as per Rules of 1989. Petition disposed. |
| 8 | SAW / 184 / 2007 (NATHU LAL VS STATE AND ORS) Date of Order/Judgment: 23/09/2024 Pet. assails dismissal of petitions against notification & declaration & payment of compensation disputed. HELD: Non-compliance u/s 4&6 requiring publication in 2 newspapers results in no knowledge to affected parties about Govt. intent to acquire land. Mere preparation of cheque not sufficient for proving compensation offered. Under Land Acquisition Rehabilitation & Resettlement Act 2013,proceedings for Right to Fair Compensation be start afresh. Petition allowed |
| 9 | CRLMP / 3205 / 2024 (SAPNA VS STATE OF RAJASTHAN) Date of Order/Judgment: 19/09/2024 Petitioner seeks quashing of FIR under section 420, 406, 465, 466, 467, 468, 471 and 120-B of IPC & alleges Complainant-wife of forgery of marriage certificate. HELD: The marriage date has been rectified by order of Permanent Lok Adalat, Nagaur & no unlawful gain specifically derived by Petitioners from such forgery. No alleged offences proved as no essential elements identified. FIR found to be abuse of process of law for the settlement of personal grudges. Petition allowed |
| 10 | CW / 12985 / 2024 (M/S SHUBHAM ENTERPRISE VS THE STATE OF RAJASTHAN) Date of Order/Judgment: 23/08/2024 A request is made on behalf of counsel of petitioner for adjournment. Held: Respondent state submitted, if petition allowed, petitioner would be entitled for work order qua 40% of work & complete supply has been stayed by interim order (13.08.2024). Interim order is modified to the extent that respondent shall be at liberty to issue work order qua 60% of work in question with immediate effect & private respondent state shall be at liberty to execute the same. |
| 11 | CW / 16340 / 2022 (TARUNA SUTHAR VS UNION OF INDIA) Date of Order/Judgment: 21/08/2024 Petitioner assails the notice u/s 148 of Income Tax Act issued for reopening of assessment & challenged the tax Dept. for using an inflated property value set by the stamp duty office to assess her income, instead of actual sale price. HELD: Reopening of assessment & assessment orders passed without jurisdiction & authority of law in defiance to the order passed by the CIT (A) & the Income Tax Appellate Tribunal, which orders are binding on the assessing officer.Petitions allowed |
| 12 | CRLMP / 4999 / 2024 (BHAVESH KUMAR VS SWEETY) Date of Order/Judgment: 01/08/2024 Petitioner impugnes the maintenance order of Rs.7000 under section 125 Cr.P.C. passed by Family Court No.1, Jodhpur. HELD: No procedural irregularity found on the part of Family Court as it is based on sound & valid reasoning. Wife residing separately; thus, it is both moral & legal obligation upon the husband to provide her with maintenance irrespective of all claims & counter-claims of the parties regarding each other being unemployed. Petition dismissed. |
| 13 | CRLMP / 2320 / 2024 (AVINASH KUMAR PANDAY VS STATE OF RAJASTHAN) Date of Order/Judgment: 26/07/2024 Grievance against order passed by JM, Aspur dismissing application filed u/s 65 of Evidence Act for adducing secondary evidence in pending proceedings u/s 138 NI Act.Held: S.65 & 66 to be read harmoniously & benefit u/s 65 cannot be given in isolation as these sections go hand in hand. Unless party who is in possession of primary evidence is given a prior notice of producing same, secondary evidence cannot be adduced as per S.66 of IEA which is mandatory in nature. Petition dismissed |
| 14 | CRLMP / 4223 / 2024 (RAJU VS STATE OF RAJASTHAN) Date of Order/Judgment: 10/07/2024 Pet. seeking quashing of notice u/s 97-98 CrPC issued by SDO & pending proceedings arising therefrom. Held: Initiation of proceedings u/s 97 & 98 is a legally valid process to ascertain wrongful confinement. Claim that husband cannot detain his wife & children may not always hold true, when there is evidence of coercion, threat or abuse. Petition could be an attempt to escape accountability for their role in breakdown of relationship & alleged mistreatment. Petition disposed |
| 15 | CW / 17500 / 2023 (SWETA BISHNOI VS STATE OF RAJASTHAN) Date of Order/Judgment: 28/05/2024 Petitioner aggrieved by the order of Respondent No.4, seeks provisional appointment for the post of Teacher Grade-III (Level-II) (English) subject to pending Special Leave Petition. HELD: Multiple times the question has arose under several litigations. As per the SLPs are still pending before the apex court, in the interregnum, this court not inclined to issue any interim directions for provisional appointments. Writ Petition disposed |
| 16 | CW / 16961 / 2023 (JASPREET KAUR VS STATE OF RAJASTHAN) Date of Order/Judgment: 28/05/2024 Petitioner seeking directions to the respondents for her appointment at the post of Upper Primary School Teacher considering her eligibility. HELD: The grounds of ineligibility of the petitioner held valid as she had English as her compulsory subject instead of Hindi and also, she does not qualify under the sports category as winning a medal in games conducted by School Games Federation of India is mandatory to secure the benefit of outstanding sportsperson category. Petition dismissed. |
| 17 | CW / 14777 / 2023 (NILOFAR BANU VS RAJASTHAN STAFF SELECTION BOARD) Date of Order/Judgment: 27/05/2024 Petitioner seeks direction to the respondents to consider her candidature in EWS women widow category for the post of Teacher Grade-III, Level-I. HELD: Inadvertence of the petitioner cannot be a ground to consider her eligibility for the said post even after giving ample of opportunities to rectify her online form. The category cannot be changed from OBC to EWS after the declaration of result. Writ Petition dismissed. |
| 18 | WRES / 154 / 2024 (KAILASH VS THE STATE OF RAJASTHAN) Date of Order/Judgment: 23/05/2024 Petitioner seeks direction to the respondents to consider and declare their candidacies as successful for the post of Basic Computer Instructor. HELD: Due to COVID-19 pandemic pet. could not appear in their final B.Tech exams. And they did not have the qualifying degree by the cut-off date prescribed for applying for the post of Computer Operator. Moreover, all advertised posts have now been filled by candidates who had the requisite degree by the cut-off date. Petition dismissed |
| 19 | CW / 11278 / 2019 (BHANWAR LAL VS SARDAR PATEL UNIVERSITY OF POLICE) Date of Order/Judgment: 22/05/2024 Petitioner seeks direction to the respondent to reinstate his services on the post of Driver and to decide his representation dated 13.03.2019. HELD: The petitioner’s services were hired on contractual basis through placement contractor/agency. Therefore, it is safe to assume that the petitioner did not enjoy the benefit of being governed by any statutory rules akin to regular employees of the university and his services were liable to be dispensed with summarily. Petition Disposed |
| 20 | CW / 6476 / 2018 (GEETA SHARMA VS STATE OF RAJASTHAN AND ORS.) Date of Order/Judgment: 20/05/2024 Petitioner seeks direction to the respondent to consider her candidature for appointment on the post of Teacher Gr. III, Level II in the subject of Social Studies in the category of divorcee. HELD: The Respondents have followed the due process of law while recruiting the divorcee candidate who applied before the last date of submission whereas the petitioner getting a decree of divorce after the last day of submission is not applicable for eligibility. Petition dismissed |
| 21 | CMS / 6034 / 2024 (MANJU VS STATE OF RAJASTHAN) Date of Order/Judgment: 15/04/2024 Petitioner aggrieved of order passed by Village Panchayat seeks direction to appoint her for post of Anganwadi Sahayika Distt. Jodhpur. HELD: On the basis of merit & fulfilling requisite condition of being a Bonafide resident of revenue village, Pet. is eligible as she is S. No. 2 instead of Resp. 7 after her resignation. Fresh applications invited without proper scrutinizing Petitioner’s docs by Resp.-State authorities. Hence, directed to appoint Pet. within 30 days. Petition allowed. |
| 22 | CW / 5328 / 2024 (POONAM MATORIYA VS THE STATE OF RAJASTHAN) Date of Order/Judgment: 03/04/2024 Petitioner challenged the answers of certain questions of the written examination, being unsuccessful in the result declared by the Rajasthan Public Service Commission. HELD: Challenge to the opinion of the examiners merely on the ground that a particular candidate has not been successful is not sustainable. The answers as per the answer key have been across board applied qua the candidates who participated in the selection process. Petition dismissed. |
| 23 | CW / 4985 / 2023 (KAVITA BISHNOI VS STATE OF RAJASTHAN) Date of Order/Judgment: 19/03/2024 Petitioner assailing the order dated 30.01.2023 where the punishment order was partly allowed by the Appellate Authority. HELD: Petition seems to have been filed merely on an apprehension that the impugned order, which the petitioner was censured may come in the way of her future progression. Censure is merely a warning. No grounds to interfere as the petitioner has suffered no prejudice or adverse consequences in view of her being rewarded with subsequent promotion. Petition dismissed. |
| 1 | CW / 15763 / 2024 (JITENDRA SINGH S/O SHRI SURENDRA PAL SINGH VS STATE OF RAJASTHAN) Date of Order/Judgment: 10/10/2024 Petitioner aggrieved by the decision of Municipal Board to set up a hospital on specific land in Deoli, alleging that it benefits the Board’s Chairman whose wife’s land is nearby even when more suitable locations are available. HELD: Deciding the location of Hospital is a policy matter. Mere fact that land of Resp. No. 4’s wife is adjacent to the land in question cannot be a ground to allege malafides. Wife of Resp. No.4 not impleaded as a party. Petition dismissed. |
| 2 | CW / 16462 / 2023 (SMT. KANTI BAI D/O SHRI MOTI W/O SHRI KHANA JI VS BAJRANG LAL S/O SHANKAR LAL) Date of Order/Judgment: 10/10/2024 Petitioner seeks quashing of orders of Revenue Board, Ajmer, Revenue Appellate Authority & Sub Divisional Officer regarding dismissal of appeal. HELD: Suit filed by the Respondents was decreed as the pleadings were admitted by the petitioners. No pleading in Writ Petition that the Written Statement was gorged or was filed under coercion or undue influence. Petition dismissed. |
| 3 | CW / 3686 / 2024 (KAMLESH, S/O KISHAN LAL VS RAM SAHAI, S/O SUKHA RAM) Date of Order/Judgment: 10/10/2024 Petitioner assails order passed by Revenue Board dismissing revision petition & order of Sub-Divisional Officer of vacating the interim order. HELD: As per S. 84A Raj. Land Revenue Act 1956, no revision shall lie against an interim order passed in any proceedings under the Act. Conclusion arrived at by the board is correct. Interim order was vacated on hearing both the parties. Writ Petition dismissed. |
| 4 | CW / 12462 / 2024 (VIJAY KUMAR SWAMI S/O LATE SHRI SHIV PRASAD SWAMI VS SMT. GINNI DEVI W/O LATE SHRI RAMCHANDRA SHARMA) Date of Order/Judgment: 10/10/2024 Petitioner-Respondent seeks quashing of appellate judgment passed by Divisional Commissioner Jaipur setting aside conversion of entire land. HELD: Conversion of the entire land into Khasra No.16 without sufficient evidences & ignorance of pending civil litigations regarding the title of the land in question. Revenue Record was not persued for determining the parties affected by the conversion of land in question. Petition dismissed. |
| 5 | CW / 13781 / 2024 (MEENAWALA GRAH NIRMAN SAHAKARI SAMITI LTD. VS REKHA PINGOLIYA WIFE OF SHRI ARJUN LAL PINGOLIYA) Date of Order/Judgment: 09/10/2024 Petitioner (society) aggrieved by the order 06-06-2024 passed by Rajasthan State Cooperative Tribunal, Jaipur against the cancellation of plot allotment made to Resp. No 3. HELD:Land allotted to Resp. No 3 was embarked as a facility area in revised schedule map but no document except a notice in newspaper to show that schedule map was revised. Why Respondent’s piece of land was included in facility area was not evident from award. Matter rightly remanded for fresh decision. Petition dismissed |
| 6 | CW / 21565 / 2018 (SMT SOMOTI WIFE OF SHRI KESHAV DEV SHARMA VS STATE OF RAJASTHAN THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF MINES AND GEOLOGY) Date of Order/Judgment: 08/10/2024 Petitioner aggrieved by orders dated 08.02.2013, 21.08.2015 & 01.01.2018 imposing penalty of Rs. 31,50,840 & dismissing appeals respectively. HELD: The penalty order is a non-speaking order. It is trite law that a quasi-judicial authority has to pass a reasoned order. Proper opportunity of hearing must be given & matter to be decided afresh. Petition allowed. |
| 7 | CW / 17646 / 2023 (DEVENDRA VERMA S/O LATE SH. NARESH VERMA, GRANDSON OF LATE SH. RAJESH VERMA VS STATE OF RAJASTHAN) Date of Order/Judgment: 07/10/2024 Petitioner impugnes orders cancelling lease deed, dismissal of appeal & revision petition. HELD: Petitioner pleaded that he and his grandfather were not aware about notice being served regarding cancellation of lease deed as the power of attorney was in name of other person but mere ignorance of fact cannot be a ground for extending limitation. Appellant filed the appeal after 17 years, which is contrary to Rule 63 of Rajasthan Mining and Mineral Concession Rule, 2017. Petition dismissed. |
| 8 | CRLMP / 5351 / 2023 (VIJAY KUMAR SINGHAL SON OF SHRI RAMSWAROOP SINGHAL, VS STATE OF RAJASTHAN) Date of Order/Judgment: 07/10/2024 Petitioner seeks quashing of prosecution sanction issued by Dept. Of Personnel, Govt. Secretariat. HELD: When online application process was prevailing, there was no need to file it offline. No proof of bribe demanded & accepted by Petitioner & Complainant being a friend of Ranjeet Gurjar who has rivalry with the Pet. constitutes forceful giving of illegal gratification in the Pet. pocket. Hence, no provisions of S. 7 of Prevention of Corruption act 1988 attracted. Petition allowed |
| 9 | CW / 3706 / 2004 (DILEEP SINGH YADAV VS STATE OF RAJ AND ORS) Date of Order/Judgment: 07/10/2024 Petitioner seeks seniority from 18.09.1982. HELD: Inordinate delay of more than 22 years in approaching the Court for redressal of any grievance and to claim seniority w.e.f. 18-09-1982, without any satisfactory explanation will disturb the long settled seniority of other appointed persons who have now been promoted as well. Thus, cannot be altered after more than 42 years now as those who sleep over their rights cannot be rescued by the Court. Petition dismissed due to laches. |
| 10 | CW / 15042 / 2020 (UNION OF INDIA VS S.K. BHARGAVA S/O LATE SHRIRAM BHARGAVA) Date of Order/Judgment: 25/09/2024 Petitioner aggrieved of order passed by Central Administrative Tribunal, Jaipur relating to waiver of Provident fund benefits by the employer. HELD: Dept. accepting the order passed by Resp. gives finality to the order, as they have not appealed against it even after having remedy u/s 7-I of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.Delay in filing the writ petition after 3 years & 8 months and all other factors renders Tribunal order justified. Petition dismissed |
| 11 | CMA / 3554 / 2023 (SMT. PREM W/O SHRI HARDAYAL D/O SHRI PUSA RAM JI, VS HARDAYAL S/O SHRI MAHADEV,) Date of Order/Judgment: 22/08/2024 Appeal filed against judgment passed by Family Court dissolving marriage. Held: Parties were living separately without reasonable cause for a period exceeding 2 years, hence desertion was proved. Ground of cruelty & adultery not challenged. Appellant consented for DNA testing; sample was taken in presence of Presiding Officer & 2 independent witnesses. Contention of DNA report being doubtful lacks merit as order of DNA sampling & DNA report not challenged. Appeal dismissed. |
| 12 | SAW / 253 / 2024 (M/S AK JILSHAN CONT VS STATE OF RAJASTHAN) Date of Order/Judgment: 25/07/2024 Appellant assailing the order passed by learned Single Judge dismissing the writ petition filed against the order of suspension of vehicle registration. HELD: Opportunity of hearing was not afforded to the appellant. No proof of service of notice on the appellant is submitted. There is violation of Principles of natural justice incorporated in statutory scheme itself. The action of respondents is void ab initio. Appeal allowed. |
| 13 | CW / 18921 / 2015 (BABU LAL ANDORS VS RAM SINGH ANDANR) Date of Order/Judgment: 18/04/2024 Petitioner aggrieved of judgment passed in favour of resp. No.1 and dismissal of appeals. HELD: The pleadings relied upon are to the extent that sisters on being treated well in family functions assured not to make a claim on the property. The derivation of pet. that there is admission by the resp. with regard to right of inheritance of sisters is farfetched. There was no admission, that inspite of non applicability of Succession Act, sisters had share in ancestral property. Petition dismissed |
| 14 | SAW / 250 / 2024 (RAJENDRA GUPTA S/O CHANDMAL GUPTA VS STATE OF RAJASTHAN) Date of Order/Judgment: 09/04/2024 Appellant aggrieved of the order passed by ld. Single Judge committing patent illegality in dismissing petition on the ground of delay and laches. HELD: Present case is a classic example of delay and laches. By efflux of time, since 1972 till 2024, a right, if any subsisting in favour of the appellant, came to an end. Repeated representations cannot be made a basis to approach the Court for seeking a direction to decide the representations when there is no subsisting right. Appeal dismissed |
| 15 | CRLA / 445 / 1991 (MAN SINGH S/O SAMANTARAM VS STATE OF) Date of Order/Judgment: 09/04/2024 Petitioners appealed against sentence of conviction passed by Sessions Judge, Bharatpur u/s 306 & 376 IPC. HELD: Prosecution failed to prove the allegations. There must be a proximate link between the offence committed and the suicide by the victim. A clear mens rea is required u/s 306 IPC and therefore, no abetment has taken place in the present case. Order of conviction set aside. Appeal Allowed. |
| 16 | CRLA / 543 / 1991 (THE INCOME TAX OFFICER VS RAJENDRA PRASAD VAISH, S/O SHRI BANSHIDHAR VAISH) Date of Order/Judgment: 02/04/2024 Appellant impugnes order passed by Special Magistrate (Economic Offences), District Jaipur against acquittal of Respondent – accused u/s 276 CC of the Income Tax Act, 1961. HELD: For the offence nder section 276 CC IT Act. Mens rea of the accused for nonpayment / attempt to evade tax has to be proved. In an appeal against acquittal, if two views are plausible, then the view favouring the innocence of the accused must be considered. Appeal dismissed. |
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