WMAP / 296 / 2024 (YAGYAJEET SINGH CHAUHAN VS STATE OF RAJASTHAN) Date of Order/Judgment: 24/09/2024 Pet. a renowned National Shooter aggrieved by the order of refusal of Arms license by the Resp. stating that it was danger to public welfare and peace as her family having criminal history. HELD: Observations of Resp. impinges upon Fundamental Rights guaranteed under Art. 14 & 19(1)(g) of Constitution. Rules 36 & 37 of the Arms Rules 2016 provide for grant of arms license to outstanding sports person after fulfilling conditions. The Resp. are directed to grant the license within 10 days
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CRLMB / 11692 / 2024 (KAMAL KISHORE VS STATE OF RAJASTHAN) Date of Order/Judgment: 20/09/2024 Petitioner seeking Bail as falsely charged under sec. 8/21, 8/15, 8/25 of NDPS Act, 1985. HELD: Recovered contrabands below commercial quantity; therefore, finding under section 37 NDPS Act is not Sine qua non for granting bail. Bail rejection order passed in a casual manner as date of incident/arrest not mentioned. Due to multiplicity of such cases, Registrar directed to place copy of the order before Chief Justice for issuing circular in this regard.
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CRLMP / 776 / 2018 (MADANLAL PAREEK VS STATE AND ANR) Date of Order/Judgment: 18/09/2024 Petitioner seeks quashing of FIR under section 406 and 420 of IPC. HELD: Advancement of money as loan is not a clear case of entrustment & hence, no criminal breach of trust. Inability to return loan amount without any fraudulent or dishonest intention at the beginning of transaction is not cheating. No offence u/s 406, 420 IPC made out. FIR quashed. Petition allowed.
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CW / 13561 / 2024 (SURENDRA CHOUDHARY VS RAJASTHAN STAFF SELECTION BOARD) Date of Order/Judgment: 11/09/2024 Petitioner seeks quashing of result of the ‘Junior Accountant and Tehsil Revenue Accountant’ published by Rajasthan Staff Selection Board, and requests that the marks of deleted questions shall not be considered. HELD: Deletion of questions from a particular subject & distribution of their marks proportionately in the remaining questions of same subject does not make any discrimination between the candidates. Petition dismissed.
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CW / 13356 / 2024 (JORAWAR SINGH RATHORE VS STATE OF RAJASTHAN) Date of Order/Judgment: 03/09/2024 The petitioner challenges the notification whereby an administrator is appointed qua the newly constituted gram panchayat. Held: The appointment of an administrator for Gram Panchayat Narsinghpura was beyond jurisdiction since the complete Gram Panchayat had never been dissolved & new one was reconstituted. Thus, the provisions of Sec. 95 and 101 (a) & (c) of the Rajasthan Panchayati Raj Act, 1994, did not apply. Notification quashed. Petition allowed.
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CW / 13968 / 2024 (M/S LAXMIPRAKASH GARMENTS PVT. LTD VS BAJRANG SINGH RATHORE S/O BHANWAR SINGH RATHORE) Date of Order/Judgment: 21/09/2024 Petitioner assailing impugned order which allowed the impleadment of parties under Order 1 Rule 10.
HELD: Respondent company after selling estate to Pet. approached NCLT to be declared insolvent. If declared insolvent & dispute decided in favour of workman, issue of compliance of award would arise though to be decided by labour Court. No error in impugned order. Petition dismissed.
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CW / 1458 / 2022 (RAVI JOSHI S/O LATE SHRI OM PRAKASH JOSHI VS MAHARISHI DAYANAND SARASWATI UNIVERSITY) Date of Order/Judgment: 19/09/2024 Petitioner suspended on the grounds that he was under judicial custody for more than 48 hours & requests to set aside the impugned order of suspension. HELD: The prolonged suspension for 3 years not justified as no chargesheet submitted, and is thus, contradictory to the Rule of Law and violates Article 21. No suspension order is extendable beyond 3 months subject to chargesheet not served. Petition allowed.
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CW / 508 / 2011 (KANTHI KUMAR AGARWAL VS UNION OF INDIA ANDORS) Date of Order/Judgment: 17/09/2024 Petitioner is aggrieved by the order passed for dismissal of grant of mining lease. HELD: Petitioner seeked extension of time for removal of deficiencies which dictates that the notice was duly served contradictory to the claim of pet. Notice to provide opportunity of hearing was also sent thus, proper opportunity for removal of deficiencies were given. Hence, rejection by Revisional Authority is rightly done. Writ Petition dismissed.
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CMA / 500 / 2021 (DUNGARAM PAREWA S/O LATE SH. CHHITARMAL. VS JAGDISH PRASAD RAIGER S/O SHRI GHASARAM,) Date of Order/Judgment: 12/09/2024 Appeal against award of MACT No. 2 jaipur, later withdrawn. Hon’ble court suo moto took cognizance of the age gap between the deceased & her son. Held:- Undisputed documents related to age of the deceased / claimant should be submitted timely. If not submitted timely, then may be called under Order 11, Rule 12 & Rule 14 CPC, Also Court may get them verified through the police station and file FIR on adverse report.
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SAW / 659 / 2015 (BRAJ MOHAN SINGH BARETH VS STATE AND ANR) Date of Order/Judgment: 11/09/2024 Appellant impugned the order withholding his 100% pension due to departmental inquiry. HELD: Under Rule 170 RSR 1951, to withhold pension fully or in part, the grave misconduct has to be proved during the service period, but nothing recorded by Enquiry officer/Competent Authority. Appellant being 90 yrs of age & deprived of pension for last 24 yrs is entitled to 50% of pension which he would have earned & full pension from the date of this order. Petition partly allowed.
