CRLMB / 4909 / 2022 (SIMORNA VS STATE OF RAJASTHAN) Date of Order/Judgment: 11/05/2022 Second bail application under S.439 Cr.P.C for offence punishable under S.302/120-B & 201 of the IPC and S. 4/25 of the Arms Act. Court opined that accused lady jailed since 2015 with minor daughter of 3 years, trial yet pending. Bail allowed on execution of a personal bond Rs.2, 00,000/- with two sureties of Rs.1,00,000/. Merits not gone into.
CRLMP / 6586 / 2021 (ANOP SINGH VS STATE OF RAJASTHAN) Date of Order/Judgment: 26/04/2022 Petition challenging case pending before Judicial Magistrate registered under section 11 and 15 of Prohibition of Child Marriage Act, 2006. Court opined that marriage is a sine qua non to constitute an offence under Act. Engagement of a child in any case does not amount to an offence under section 11 of the Act. Exercised inherent power u/s 482 regarding proceedings fundamentally void, abuse of process of Court, allowed petition.
CW / 3472 / 2022 (HAIDER KHAN VS UNION OF INDIA) Date of Order/Judgment: 19/04/2022 Petition branded as PIL to direct Central Government to conduct census activities in specified time and declare Section 3 of Census Act, 1948 as ultra vires. Court opined petition as malafide, fanciful and unrealistic, prejudice to the public at large by noncompletion of the census operations not established, census activities are to be undertaken in accordance of Act, is a sovereign function of the CG, questioning bonafides of the executing authorities unreasonable. Petition dismissed.
CW / 8472 / 2021 (JAL GRAHAN VIKAS SANSTHA VS STATE OF RAJASTHAN) Date of Order/Judgment: 31/03/2022 Petitions against land alloted to company by State Government for solar project. This Court opined that allotment is on Banjar land not on restricted land, does not-affect flora-fauna, natural flow of water, area beyond 50 acres could be allotted under amended Rajasthan Land Revenue (Allotment of Land for Setting Up of Power Plant based on Renewable Energy Sources) Rules, 2007. Injunction against infrastructural project is against statutory provisions. Petitions devoid of merit, dismissed.
CRLTP / 14 / 2021 (AMIT AGARWAL VS NEETU AGARWAL) Date of Order/Judgment: 28/03/2022 Case pertains to conferment of jurisdiction upon the courts where temporary residence of party is there. Petitioners challenged jurisdiction of Bhinmal Court as respondents are temporary residing there. Citing Jagir Kaur & Ors. vs. Jaswant Singh AIR 1963 SC 1521 court opined that the term “resides” as under Section 126 Cr.P.C. would include both, a permanent as well as a temporary residence. No interference called. Petition dismissed.
CW / 16922 / 2019 (MUKESH KUMAR SHARMA S/O LATE SHRI OM PRAKASH SHARMA VS THE STATE OF RAJASTHAN) Date of Order/Judgment: 06/05/2022 Petitioners appointed in compliance of this court’s DB judgment. Under R.37 of Rajasthan Subordinate Offices Ministerial Service Rules,1999 interse seniority shall follow order in list prepared u/r 28,29.DB judgment never challenged, so finality. Respondents bound to comply judgment. Appointment delayed due to respondents’ negligence, so benefits of notional fixation - seniority, promotion, pay scale etc. from date when persons appointed in same selection process entitled. Petition allowed.
CFA / 680 / 2004 (MAHENDRA YADAV S/O LATE SHRI GHASIRAM YADAV VS BHAGWAN DEVI W/O LATE SHRI KRISHAN SHARAN SHARMA,) Date of Order/Judgment: 05/05/2022 Appeal against decree of eviction, recovery of rent. This court opined first appeal unwarranted, for ulterior motive,malafide, superfluous, unscrupulous litigation. Trial Courts finding on default affirmed, benefit of first default already extended, no jurisdictional error in appreciation of evidence on bonafide and reasonable necessity. Decree for eviction is just and proper, requires no interference, same affirmed. Issue of partial eviction also decided in favour of plaintiff. Dismissed.
SAC / 22 / 2018 (SH. SHANKAR JHA (MANAGER) VS NAND KISHOR GUPTA S/O SH. NATHU LAL GUPTA) Date of Order/Judgment: 05/05/2022 Special Appeal against order of Learned Single Judge holding contemnors guilty,confirmation of sale and issuance of certificate as void ab initio, directed to take back possession of property. This court denied upholding transaction of sale as void relying on Apex Court’s judgment, denied taking back of possession, denied guilt of impleaded contemnors as no specific role played by them. Authority violating order not impleaded. Liberty to petitioner initiate separate proceedings.Appeal allowed.
SAC / 13 / 2019 (RAMESHWAR PRASAD SHARMA S/O DEVI SHARAN SHARMA VS NAND KISHOR GUPTA S/O SH. NATHU LAL GUPTA) Date of Order/Judgment: 04/05/2022 Special Appeal against order of Learned Single Judge holding contemnors guilty,confirmation of sale and issuance of certificate as void ab initio, directed to take back possession of property. This court denied upholding transaction of sale as void relying on Apex Court’s judgment, denied taking back of possession, denied guilt of impleaded contemnors as no specific role played by them. Authority violating order not impleaded. Liberty to petitioner initiate separate proceedings.Appeal allowed.
CMA / 2713 / 2012 (RANJEET SINGH THROUGH LRS VS UNION OF INDIA) Date of Order/Judgment: 04/05/2022 Appeal against Railway Claims Tribunal rejecting claim that original applicant died, so petition by legal representatives not maintainable. This Court perused R.26 of Railway Claims Tribunal (Procedure) Rules,1989 opined that right to sue survive as it crystalised when claim was filed because entitlement of injured was for compensation and an entitlement to compensation being an entitlement of money, cannot abate on account of death of injured-claimant in claim petition, Tribunal erred.Allowed.