CW / 12253 / 2019 (M/S GOTAN LIMESTONE KHANIJ UDYOG PVT. LTD. VS STATE OF RAJASTHAN) Date of Order/Judgment: 05/11/2024 Whether conversion of the petitioner’s company from a Partnership firm & transfer of its shares to UTCL validated by Raj. Minor Mineral Concession Rules, 2017 & whether the Mineral rights can be entered in the name of pet. HELD: In transfer of mineral rights by way of sale, etc., a separate transfer deed should be executed. In ostensible transfer prior consent of competent authority is a sine qua non. Mineral rights should be dealt with doctrine of public trust. Petition dismissed
2
CW / 7954 / 2024 (SMT. SUMAN LATA KAPUR VS THE STATE OF RAJASTHAN) Date of Order/Judgment: 04/11/2024 Petitioner aggrieved of the termination of her services by the resp. and seeks to quash the termination order and reinstate her in service. HELD: The post-retiral benefits such as Provident Fund, Gratuity, State Insurance etc. are the earnings of the pet. and the same cannot be taken away. Taking away or withholding such benefits, after retirement, amounts to depriving her from the right to life. The services of the pet. shall be treated as resigned instead of termination. Petition disposed
3
CRLMP / 7541 / 2024 (AMIT KUMAR DAVE VS STATE OF RAJASTHAN) Date of Order/Judgment: 24/10/2024 Petitioner seeks quashing of an order passed by the Ld. ACJM No.2, Jalore for dishonour of a cheque. HELD: Directions issued against the sureties u/s 446 CrPC has serious procedural fallacy comimitted by magistrates and cannot be sustained. Presence of an accused particularly in a matter of the kind in hand, where proceedings are semicriminal/ civil in nature, should ordinarily not be insisted upon. Original bail bonds restored. Petition disposed.
4
CRLMP / 7618 / 2024 (VEDPRAKASH VS STATE OF RAJASTHAN) Date of Order/Judgment: 24/10/2024 Petitioner seeks quashing of an order passed by the ld. ASJ, Sri Doongargarh, Churu dismissing the revision and upheld the cognizance passed by ld. JM. HELD: Matters of personal liberty ought not to taken so mechanically. Summoning the pet. without effecting service of summons does not stand justification Directing the forfeiture of the bail-bonds of the pet. do not stand the judicial scrutiny. Original bail bonds restored. Petition disposed.
5
CRLMP / 7493 / 2024 (CHALAKDAN CHARAN VS STATE OF RAJASTHAN) Date of Order/Judgment: 24/10/2024 Petitioner aggrieved of order passed by ld. ASJ, Jodhpur dismissing the revision petition and affirming the order passed by ld. JM. HELD: Matters of personal liberty ought not to be taken so mechanically. Summoning the petitioner without effecting service of summons or bailable warrants, by directly issuing arrest warrants on a protest petition does not stand to justification in this case. Orders modified i.e. arrest warrant converted to bailable warrant. Petition disposed.
1
CW / 17006 / 2024 (JAGMOHAN S/O LATE SHRI MANOHARI VS ELECTION COMMISSION OF INDIA) Date of Order/Judgment: 05/11/2024 Petitioner assailing the order passed by Returning officer rejecting the nomination form of the respondent contesting MLA election from Dausa. HELD: Petition challenging the improper acceptance/rejection of nomination would not be maintainable, as the remedy available to the petitioner is to file election petition. Art. 226 the grounds on which the nomination form of the respondent. No.3 is accepted cannot be examined. Petition dismissed in limine.
2
CW / 15646 / 2024 (INDIAN MISSION OF MEDICAL SCIENCES SOCIETY VS UNION OF INDIA) Date of Order/Judgment: 05/11/2024 Petitioner seeks guidelines for UG courses under Establishment of New Medical Institutes, New Medical Courses, increase of seats for existing courses. HELD:The pet. is bound by the doctrine of estoppel as the Dean affirmed to establish the Medical College. But streams like medical science, special bodies are established which are governed by special statues. Court would prefer to err on the side of caution & not interfere in the matters pertaining to such academic field.Petition dismissed
3
CRLAS / 2203 / 2024 (MOHH. ISRAR ALIAS KALLU S/O MOHD. MUAK VS STATE OF RAJASTHAN) Date of Order/Judgment: 24/10/2024 Appellant filed appeal under section 14A of the SC/ST Act, 1989 for offences u/s 115, 342, 343, 364, 302, 201, 120B, 37 I.P.C. and u/s 3(2)(v), 3(2)(va) SC/ST Act. HELD: Accused have umpteen number of criminal antecedents registered against him, and it prima facie appears that they are a threat to the society. For granting of bail in cases under SC/ST Act, period of incarceration cannot be the sole ground, it has to be considered on the gravity and nature of the offence. Appeal dismissed.
4
CW / 16380 / 2024 (NEERAJ SAXENA S/O SH. M.L. SAXENA VS RAJASTHAN ELECTRONICS AND INSTRUMENTS LTD.) Date of Order/Judgment: 23/10/2024 Whether the petitioner can be deprived of travelling abroad because of the pendency of departmental enquiry against him? HELD: Departmental Inquiry cannot be ground to deny permission to the pet. to travel abroad. Such action amounts to violation of Art. 21 of the Constitution. Paramount consideration should be given to the condition imposed upon the person who has been granted permission to go abroad, to ensure that they do not flea from the enquiry. Petition disposed.
5
CW / 5334 / 2011 (DINESH INANI AND ANR VS STATE OF RAJ AND ORS) Date of Order/Judgment: 22/10/2024 Petitioner seeks quashing of orders dated 08.07.2009 and 24.02.2011 imposing the penalty and dismissing the revision. HELD: During the inspection it was found that the gravel excavated from the khatedari land of the pet. was used for constructing a road to the hotel owned by the pet. The penalty order is a non-speaking order and reply of the pet. has brushed aside by stating it to be not satisfactory. The revisional authority had not dealt with the contentions. Petition allowed.
