CRLAD / 185 / 2018 (MADHURAM VS STATE OF RAJASTHAN) Date of Order/Judgment: 11/01/2022 The appeals were preferred under S. 374(2) Cr.P.C. assailing the order by the trial court convicting the appellants. After perusal of the record, it was held that ingredients required to constitute an unlawful assembly were totally lacking and the conviction of 2 of the appellants under S. 302 IPC was totally justified. Hence conviction by the trial court had been modified in the said terms. Appeals partly allowed.
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CW / 14040 / 2021 (DR. KARANJEET KAUR VS STATE OF RAJASTHAN) Date of Order/Judgment: 04/01/2022 The petitioners challenged the selection process adopted by Rajasthan Public Services Commission (RPSC), which was in conflict with UGC Regulations, 2018. It was held that there was no clarity under the Regulations as to shortlisting of candidates after scores are assigned. Petitions dismissed.
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CW / 16367 / 2021 (SCHOOL DEVELOPMENT MANAG. COMMITTEE VS STATE OF RAJASTHAN) Date of Order/Judgment: 04/01/2022 The writ petition raised questions pertaining to rights of the children by challenging the policy decision of the State Government to change the medium of instructions to English in a school. It was held that changing mode of instruction would not be constitutive as a violation of fundamental rights but at the same time right of the students to receive instructions in mother-tongue are protected under Art. 19 of the Constitution. The conversion would be violative of Art. 19 & 14. Allowed.
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CSA / 119 / 2021 (SHANKERLAL NADANI VS SOHANLAL JAIN) Date of Order/Judgment: 16/12/2021 The present second appeal challenged the findings of the decree passed for eviction and dismissal of first appeal on the count that eviction decree passed by the civil court was without jurisdiction. It was held, when the Supreme Court had already stayed the effect and operation of a judgment passed by the division bench of Rajasthan High Court, then the same was not required to be followed. Second Appeal Dismissed.
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CW / 11063 / 2019 (COL. MANOHAR SINGH RATHORE VS STATE OF RAJASTHAN) Date of Order/Judgment: 14/12/2021 The instant writ petition seeks to quash the order issued by the District Collector, whereby sanction had been given to uproot Prosopis Juliflora trees. The petitioner sought relief on the grounds that these specific trees prevent changing course of the Jawai river. The order of the Collector was affirmed on the reasoning that the said species of trees affect the ecology and directed that respondents should plant different species of bushes/trees while ensuring course of river to be as is.
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CW / 13178 / 2021 (KUNAL SHARMA S/O SHRI MAN MOHAN SHARMA VS UNION OF INDIA) Date of Order/Judgment: 11/01/2022 The instant writ petition brings to fore the issue that the petitioner no. 1 had not been admitted as ward of insured person and hence was not extended benefit of the same. It was held that respondent-Corporation had acted arbitrarily in issuing the order and petitioner no. 1 would be granted status as ward of insured person. The writ petition allowed while also granting benefit of the ESI quota to the petitioner.
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CMA / 1679 / 2019 (UNITED INDIA INSURANCE COMPANY LTD VS SMT SONIYA W/O LATE VINIT MOYAL) Date of Order/Judgment: 07/01/2022 The two appeals had been filed by claimant and the insurance company seeking to set aside the award of pay-and-recover from the insurance company. It was held that even in breach of policy by the policy holder, the amount of compensation would be disbursed by the insurance company and same can be recovered later from the policy-holder. Both appeals dismissed.
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CMA / 1566 / 2021 (MEETA AGARWAL D/O SHR MEENALAL AGARWAL W/O SHRI MANOJKUMAR AGARWAL, VS HATHROIGARI GRAH NIRMAN SEHKARI SAMITI) Date of Order/Judgment: 04/01/2022 The present appeal assails Subordinate Court order, which accepted the application for filing the plaint before the competent court under Order 7 Rule 10 CPC. It was held that order passed challenging the pecuniary jurisdiction at final disposal would be against S. 21 CPC. Appeal allowed.
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CRLBC / 127 / 2021 (MOHAR SINGH S/O LATE SHRI JAWANARAM VS VINOD @ SUNIL ALIAS SUNNY ALIAS MOTA S/O SHRI DHARMPAL SINGH) Date of Order/Judgment: 15/12/2021 While considering the bail cancellation application under 439(2) CrPC, it was held that non-inclusion of criminal antecedents in case diary by investigating officer is not a concealment by the accused and cannot be a ground for cancellation of bail granted by the trial court. Application dismissed.
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CW / 13688 / 2021 (UNION BANK OF INDIA VS RAJASTHAN REAL ESTATE REGULATORY AUTHORITY) Date of Order/Judgment: 14/12/2021 Multiple petitions have been combined for the common consideration i.e. questioning the validity of Rule 9 of the Real Estate Regulating Authority, 2017 (RERA). While answering the central question of the petitions, the Rule 9 of the RERA was not held to be ultra-vires of the parent Act. Appropriate directions were also issued for the same. All petitions and pending applications (if any) disposed off.
