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 / 6359 / 2024 (ARBAZ VS STATE OF RAJASTHAN) Date of Order/Judgment: 19/09/2024 Petitioner is challenging the impugned order which dismisses his application made u/s 94 & 348 of BNSS seeking CCTV footage, Call Location & Tower Location. HELD: The respondent must be given the proper opportunity to secure all his evidences, otherwise leading to failure of justice. If the CCTV footage is not protected, the evidence sought to be relied upon by the accused, may get deleted from data record by sheer passage of time. Petition allowed.
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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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CRLMP / 5385 / 2024 (MUKESH KUMAR KHEDAR VS STATE OF RAJASTHAN) Date of Order/Judgment: 17/09/2024 Petitioner impugned the order dismissing application u/s 207, 208 Cr.P.C. requesting access to evidence collected during investigation. HELD: Denying the petitioner’s access to crucial evidence violates his fundamental right under article 21 which deals with Right to a Fair Trial. For the prevention of miscarriage of justice, the trial court should ensure to provide relevant documents and evidences to the accused. Petition allowed.
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ITA / 98 / 2024 (PRINCIPAL COMMISSIONER OF INCOME TAX VS AMAN EXPORTS INTERNATIONAL) Date of Order/Judgment: 26/09/2024 Pet. aggrieved by the order of ITAT Jaipur regarding issue of genuineness of loan transaction. HELD: The loan recvd. by resp. is proved based on the supporting evidences including cheque, paid interest, TDS deductions & affidavits. Merely receiving information from the ‘AO’ u/s 148 of Income Tax Act 1961, that lender company was indulged in accomodating entries was insufficient to disallow loan as legitimate transaction. The effect of tax amount being less than 2 crores, Appeal dismissed.
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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 / 12288 / 2022 (ANIL KUMAR PUROHIT S/O LATE SH. RADHA KISHAN PUROHIT VS ASHOK KUMAR PUROHIT S/O LATE SH. RADHA KISHAN PUROHIT) Date of Order/Judgment: 19/09/2024 Petitioner aggrieved by order of ADJ No. 4 Jaipur dismissing application U/O8R1(3) CPC HELD: Object of O8 R1 CPC is to prevent belated production of docs. Court has discretionary powers considering facts & circumstances of each case. Authenticity of Documents can’t be considered at this stage but can be considered after giving opportunity to both parties to adduce evidence. Petition allowed.
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CW / 25719 / 2018 (STATE OF RAJASTHAN VS DINESH CHAND S/O MOTILAL) Date of Order/Judgment: 18/09/2024 Plantiffs praying for measurement of land, assignment of new Khasra and Milan Kshetraphal to be made. HELD: Board noted contentions of the petitioner that the appellate authority passed an adverse order at the back of the petitioner but never dealt with it. No opportunity of hearing and impleadment of necessary party was done. Order of Appellate authority & Revenue Board set aside. First appellate authority directed to start the case afresh. Writ Petition allowed.
