WRW / 25 / 2019 (STATE OF RAJASTHAN VS RAMGOPAL VERMA) Date of Order/Judgment: 20/09/2021 The respondents filed writs praying, benefits accruing to Government servant under RCS(Pension)Rules,1996,be extended to Non-Govt.Aided Educational Institutions-Services be counted for pensions and other retiral benefits-Held-Order under review declaring Rule 5(ix),Rules2010 unconstitutional & holding employees appointed against sanctioned/aided posts prior RCS(Contributory Pension)Rules,2005 in aided institutions and appointed/absorbed under Rule,2010 be governed by RCS,1996, is recalled
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CW / 2682 / 2021 (BHAGIRATH RAM VS STATE OF RAJASTHAN) Date of Order/Judgment: 13/09/2021 Petitioner indirectly challenging disciplinary proceedings initiated by respondents-Praying the proceedings to be kept in abeyance until criminal proceedings culminates-Held-Proceedings to be kept on hold-will be impracticable for the department to reach a finding because in a bid to prove the delinquency, the department will have to summon witnesses who are also witnesses to the trial-Petition disposed of
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SAC / 2 / 2021 (JASPREET KAUR VS NATIONAL INSURANCE CO. LTD.) Date of Order/Judgment: 07/09/2021 Intracourt appeals had been preferred against the common judgment of the SB of the same Court. The question put forth was that whether intracourt appeal would be maintainable from the judgment of same court passed in similar appeal. Held-decision of the DB of same Court affirming the maintainability of such an appeal was held to be per incuriam on the grounds that another decision of the same Court by DB on the same matter had not been referred while rendering the said maintainability. Dismissed
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CRLW / 41 / 2021 (OM PRAKASH VS STATE) Date of Order/Judgment: 06/09/2021 Petitioner,a life convict,assailing the decision of the Rajasthan Open Air Camp Committee, whereby, his application for sending him to Open Air Camp, was rejected-Held-Petitioner was on parole for 20 days, whereafter, he didn’t return in time and FIR was lodged-His application rejected by Committee, reason citing violation of Rule 3(c)&(d),Parole Rules-Rejection of application just and as per law-Petition Dismissed
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CW / 10353 / 2021 (SUBHASH CHANDRA VS STATE OF RAJASTHAN) Date of Order/Judgment: 03/09/2021 Petitioners herein are Constables/HCs/ASI in Police Department, challenged their transfers effected by order dated 05.08.2021-contending that the same is contrary to Rule 26,Rajasthan Police Subordinate Service Rules,1989-Held-Rule 26 mandates district wise seniority for Constable/HC and ASI range wise-The impugned order making inter-district transfers for Constables/HCs and inter-range transfers for ASI, contrary to Rule26-Petitions Allowed
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SAW / 682 / 2020 (JITENDRA RATHORE S/O SHRI BHAWANI SINGH RATHORE VS THE STATE OF RAJASTHAN) Date of Order/Judgment: 20/09/2021 The appellants were declared Fail in the Physical Efficiency Test (PET) conducted in the recruitment process of Sub-Inspector as per service rules. This was challenged by way of writ petitions, which were dismissed. These special appeals (writ) challenges the said dismissal. Contention raised by the appellants questioning the fairness of PET. Held-No justifiable grounds provided in order to provide one more opportunity to the appellants. Appeal Dismissed.
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CMA / 4988 / 2012 (STATE TH SECRETARY PHED AND OTHERS VS M/S GEO MILLERS AND COMPANY) Date of Order/Judgment: 08/09/2021 Work order issued to respondent for water treatment plant construction-Total value of contract fixed-Work completed-Respondents not received complete payment-High Court appointed Sole Arbitrator,who passed award in favor of Respondent-Aggrieved Appellants filed application u/s 34,A&C Act,1996 before ADJ,Ajmer-Application partly allowed-Appellants challenged award and order-Held-Award passed by Sole Arbitrator based on proper appreciation of evidence and with no illegality-Appeal Dismissed
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CW / 15829 / 2019 (NIRMALA RATHORE W/O SHRI GOPAL SINGH RETHORE D/O LATE SHRI BHANWAR SINGH VS UNION OF INDIA) Date of Order/Judgment: 18/08/2021 Petitioners’ father converted a part of land to petrol pump and the unconverted land,gifted to his daughters,used as ‘Barani’-MORTH issued notification u/s 3A(1),National Highways Act(“Act”)for acquiring whole land-CALA disallowed objections-Ministry issued Declaration u/s 3D,Act-Petitioners objecting to the incorrect Notification description of land as ‘Barani’-Held-Purpose of brief description is for identification of land and not its nature-Acquisition in national interest and legal-Dismissed
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CRLMP / 4400 / 2021 (VIMLA DEVI WIFE OF SHRI PHOOL SINGH VS STATE OF RAJASTHAN) Date of Order/Judgment: 13/08/2021 Evidence of Phool Singh in earlier proceedings of accused Jogendra-Absconded co-accused Vijay Yadav arrested after 16 years-Witness now incapable of hearing and speaking-Trial Court denied reading his earlier statement in proceedings of Vijay-Held-Conditions u/s 299 CrPC stand fulfilled-Evidence recorded in accused persons’ absence can be read on arrest, if witness dead or incapable of giving evidence-Petition Allowed.
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CW / 8607 / 2021 (HYDE-PARK FLAT OWNERS ASSOCIATION VS DIRECTOR, DIRECTORATE OF ENFORCEMENT) Date of Order/Judgment: 12/08/2021 After the order issued by RERA, Enforcement Directorate passed orders of provisional attachment u/s 5(1) PMLA-Petition challenging the attachment-Held-Petitioners have no locus standi-Powers u/s 5 PMLA rightly exercised-Petitioner not registered purchasers of property- Attachment of property by ED, not affecting their right-RERA passed orders protecting their right of enjoyment -Petitioners to take other recourse-Petition Dismissed.
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