CW / 3479 / 2024 (RAJESH VS ABBAS ALI) Date of Order/Judgment: 07/05/2024 Petitioner assailing order of Ld.ADJ No.1,Bhilwara allowing application filed by respondent under OIR10CPC seeking her impleadment as party defendant in suit.Held; applicant is required to notify all other parties against whom applicant wishes to proceed and after examining matter,court has discretion to direct impleadment of such party and such decision has to be taken on touchstone of O1R10 which provides that a necessary party may be added.Trial court committed no error.Petition dismissed.
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CRLA / 388 / 1995 (STATE OF RAJASTHAN VS DEVILAL @ DEVIDA AND ORS) Date of Order/Judgment: 24/04/2024 Appellant assailing acquittal order passed by Ld. Sessions Judge, Merta.Held;Appellate court may only reverse a trial courts acquittal if judgment is patently perverse, based on misreading or omitting material evidence and no reasonable views other than the guilt of accused are possible.Scope of interference in acquittal order passed by Trial Court is very limited. Impugned judgment deserves no interference.Petition dismissed
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CRLA / 1670 / 2017 (VINOD KUMAR VS STATE) Date of Order/Judgment: 05/04/2024 Appellant assailing judgment of Ld.Addl.Sessions Judge,Anoopgarh camp Gharsana,Sriganganagar convicting appellant for offence U/S302 and 449IPC.Held;prosecution has failed to satisfactorily prove requisite ingredients that are required in case of conviction based on circumstantial evidence and that appellant alone murdered the deceased.Evidence are neither able to withstand force of appellants arguments nor are they capable to clear judicial scanning with lens of legal principles.Appeal allowed
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CW / 5064 / 2024 (RUGHA RAM VS BHANWARA RAM ALIAS BHANWAR LAL) Date of Order/Judgment: 04/04/2024 Petitioner assailing order of Ld.ADJNo.7,Jod.Metro.,Jodh.rejecting applicationU/O32R15CPC for appointment of next friend of plaintiff-perfo.respdt.due to her old age and med. grounds.Held;Ld. Trial Court instead of holding an enquiry as to whether original plaintiff was in fact a person of unsound mind and is not in position to protect her interest,rather assumed that application U/O32R15CPC has been filed in order to cause delay in adjudication of suit.Remanding matter back.Petition allowed
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CW / 4494 / 2024 (KISHAN LAL SUTHAR VS STATE OF RAJASTHAN) Date of Order/Judgment: 27/03/2024 Petitioner assailing order by which he is transferred from Patwar Mandal Thamla Tehsil Ghasa to Patwar Mandal Boyna Tehsil Mavli against vacant position.Held;case of petitioner is squarely covered in judgment of Dal Chand Jat Vs. State of Raj.;S.B.C.W.PNo.3112/2024.It is totally in consonance with Rule 9 of Raj.Land Revenue(Land Records)Rules,1957 whereby a Collector is authorised to transfer a Patwari to fill up a vacancy.No ground for interference.Petition dismissed.
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CRLMP / 2146 / 2011 (DHARAMVEER SINGH VS STATE OF RAJASTHAN AND ANOTHER) Date of Order/Judgment: 08/05/2024 Issue is whether cognizance for offences U/S323and504IPC,taken by JMFC against petitioner,a public servant is sustainable in law, for want of prior sanction U/S197Cr.PC.Held;prosecution of petitioner is not liable to proceed further in absence of sanction U/S197Cr.PC.Arrest of Respondent No.2 was made by petitioner in disclose of his official duties and were produced in SDM court on next day.Quashing impugned orders,allowed Petition.
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CRLMP / 2216 / 2018 (SHALIWAHAN SINGH RATHORE VS STATE OF RAJ AND ANR) Date of Order/Judgment: 03/05/2024 Petition filed for quashing of criminal proceedings for offence U/S138 N.I.Act,wherein undated cheques were given as security by petitioners and were to be presented for encashment on breach of contract.Held;petitioners resigned,then complainant issued multiple legal notice to petitioners for breach of contract.Relevant date for determining existence of a legally enforceable liability under N.I.Act would be date of presentation of cheque in question,hence,liability arises.Petition dismissed
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CW / 6544 / 2024 (SHARWAN SINGH S/O JETH MAL SINGH VS STATE OF RAJASTHAN) Date of Order/Judgment: 02/05/2024 Petitioners assailing action of respondents blacklisting their vehicles and flagging them as NTBT and imposing penalty upon them for alleged overloading in their vehicles.Held;respondents are directed to grant benefit of directions issued by this Court in case of Zabir Khan v. State of Raj.,to all similarly situated aggrieved persons.When judgement is pronounced affecting rights of public at large,it should be treated as judgement in rem.Petition allowed
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SAW / 1606 / 2017 (CHAIRMAN R H B AND ANR VS RAJU AND ORS) Date of Order/Judgment: 30/04/2024 Appeal assailing order Ld.Single Judge, allowing petition and declaring acquisition having lapsed U/S24(2) of Right to Fair Compensation and Transparency in Land Acquisition,Rehabilitation and Resettlement Act,2013.Held;petitioner suppressed material facts with regard to offer of compensation and petitioners’ own application for allotment of plots. Acquisition proceedings did not lapse U/S24(2) of Act,2013, setting aside impugned order.Partly allowed appeal
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CW / 2364 / 1999 (SHIV NATH SINGH VS STATE) Date of Order/Judgment: 30/04/2024 Petitioner assailing validity of action of respondents in holding him unsuitable for promotion and Tribunal rejecting appeal of petitioner,also challenging criteria for selection for promotion as provided under Raj.Police Subordinate Service Rules,1989.Held;petitioner failed to secure minimum qualifying marks.Petitioner did not raise any grievance in beginning of process of selection which is governed by set of rules and when he failed,he decided to challenge validity of Rules.Petition dismissed