CRLA / 240 / 1990 (PREM SINGH VS STATE) Date of Order/Judgment: 11/11/2022 Criminal Appeal against judgment of appellant being guilty of offence u/s 304 part II, sentence of 5 years. This Court - protective umbrella of section 103 IPC was not available to appellant. Trial Court rightly held that disproportionate use of force cannot be said to be a justifiable exercise of right of private defence as was not under immediate apprehension of death by any stretch of imagination. Trial Court order upheld. No indulgence required. Appeal disposed
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SAW / 72 / 2022 (THE SECRETARY VS SANGEETA VARHAT) Date of Order/Judgment: 10/11/2022 Whether an applicant with customary divorce entitled to apply in category of Divorcee Female without divorce decree by competent civil court granted before cut-off date. Court -Custom cannot supersede terms-conditions of recruitment process, cannot supplement process with candidate of various caste, religion, faith,communities. Terms framed to adhere to Art.14, 16 of COI. Exemption from presenting divorce decree cannot be sought. SAW 829/2017 held per incuriam. Orders set aside. Allowed.
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SAW / 396 / 2020 (DOLI MANDIR SHRI MAHADEV JI VS STATE OF RAJASTHAN) Date of Order/Judgment: 04/11/2022 Appeal against order holding statutory remedy of appeal available against order by District Collector, order by DC challenged being without jurisdiction. This Court - notice never issued to temple, proceedings before DC without Jurisdiction, breach of principles of natural justice, violates S.89(3) of Land Revenue Act. Availability of statutory remedy do not hamper right to challenge legality of impugned order u/A.226 of COI. Order by learned Single Judge reversed. Order by DC quashed. Allowed.
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CRLMP / 7276 / 2022 (SHYAM SUNDER SONI VS STATE OF RAJASTHAN) Date of Order/Judgment: 03/11/2022 Petition to quash pending proceedings wherein application as to cheque drawn bearing different expression in figures and words quashed by Trial Court. This Court – As per s.18 of NI Act, if difference between words and figures then one in words to be considered. S.138 of N.I. Act is required to be read purposively, to be interpreted to avoid mischief, to advance cause of justice. Neither notice vitiated on hyper-technicality nor inadvertent disparity fatal to proceedings. Petition Dismissed.
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SAW / 602 / 2022 (BHEEYA RAM JAJRA VS STATE OF RAJASTHAN) Date of Order/Judgment: 02/11/2022 This Court- Law laid down that employer to consider Govt. orders/instructions/rules applicable to employee at time of decision. Govt. instructions clearly prohibit entry into Govt. service of an individual involved in an offence of moral turpitude. Petitioner facing trial under NDPS Act for serious offence against society and involves grave moral turpitude. Action of respondents in denying appointment is in accordance with law. No interference warranted. Dismissed.
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CMA / 512 / 2020 (YUSUF HUSSAIN @ GUDDU S/O TAFAZZUL HUSSAIN ZAIDI VS SMT. SABRA BEGUM W/O TAFAZZUL HUSSAIN ZAIDI) Date of Order/Judgment: 14/11/2022 Appeal against refusal to set aside an ex parte preliminary decree and ex parte final decrees. This Court observed that appellant’s reason of absence due to long treatment of ailing son supported by evidence and admission of respondents should have been accepted by court below. For substantial justice preliminary decree, final decree set aside. Appeal allowed with cost.
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CTA / 75 / 2022 (MEETA AGARWAL D/O SHRI MEENALAL AGARWAL W/O SHRI MANOJ KUMAR AGARWAL, VS HATHROIGARI GRAH NIRMAN SEHKARI SAMITI,) Date of Order/Judgment: 13/10/2022 Transfer application u/s 24 of CPC for transfer of Civil Suit Pending before ADJ Jaipur Metropolitan II, Jaipur to equivalent court in Jaipur. This Court - Application can be entertained after considering facts and circumstances of particular case. Fairness and impartiality on part of Presiding Officer is integral part of justice. Allegation against officer not convincing nor substantiated with Evidence. Transfer application not malicious, in interest of parties and Presiding Officer, allowed.
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WRW / 116 / 2022 (SMT MUNNI DEVI W/O LATE KISHAN SINGH VS THE RENT APPELLATE TRIBUNAL) Date of Order/Judgment: 12/10/2022 Review filed against Judgment of this Court where appearing counsel consented to dispose matter by granting six months’ time to vacate premise. This Court viewed that allegation against lawyer cannot be entertained, they works in best interest of litigant. No motive can be attached to lawyer that he has acted against interest of his client. Apex Court ruling that power to compromise a suit is inherently vested with Advocates in India relied. Review Dismissed.
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CMA / 1192 / 1997 (UNION OF INDIA AND ORS VS AGRAWAL AND AGRAWAL) Date of Order/Judgment: 12/10/2022 Appeal against Railway Claims Tribunal, Jaipur awarding compensation of Rs.9,45,630.55 along with interest at 12percent/annum to respondent. This Court -Tribunal at Jaipur had jurisdiction, had considered documentary evidence, considered provisions to be followed for protection of consignment from damage, effect of non-following procedure, Section 99 of Railway Claims Tribunal Act,1987.Appellant failed to give notice of arrival of consignment, so defence unjustified. Award not faulted. Disposed.
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CMA / 2128 / 2002 (SMT ANANDI VS RAMJI LAL) Date of Order/Judgment: 10/10/2022 Appeal against order allowing application filed u/s 372 of Indian Succession Act, 1925 and issuing of Succession Certificate of an immovable agricultural land of deceased to respondent. This Court opined that application for certificate may be made in regard to debts due to deceased creditor. No Succession Certificate of any Immovable property can be issued under s. 372, provisions are silent. Court below exceeded its jurisdiction. Order quashed, set aside.
