CRLMP / 4670 / 2021 (NARCOTICS CONTROL BUREAU VS BHANWAR LAL) Date of Order/Judgment: 18/07/2022 Petition by NCB against order by Special Judge whereby seized vehicle released. This Court ruled that when inconsistency between Cr.P.C. and NDPS Act is there, s.51 of NDPS Act shall operate, Cr.P.C. take a back seat. Power is there with NCB u/s 52A of NDPS Act. Order of release of vehicle quashed. Vehicle directed to be released to Narcotics Control Bureau to be disposed of strictly in accordance with s. 52A of NDPS Act. Petition allowed.
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CRLW / 189 / 2022 (RAJENDRA @ GORU VS STATE OF RAJASTHAN) Date of Order/Judgment: 13/07/2022 Petitioner challenged the order passed by Open Air Committee rejecting application for being sent to open air camp. Court viewed no illegality in decision. Authority justified as even after considering the word ‘ordinarily’ in a liberal sense, the nature of gravity of offence for those convicted and sentenced under the POCSO Act and like offences has to take note off. Petition Dismissed.
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SAW / 684 / 2022 (STATE OF RAJASTHAN VS MS. SAJJANA) Date of Order/Judgment: 12/07/2022 Intra Court Appeal against order of learned Single Judge where in respondents petition admitted and appellant directed to appoint her for the post. This Court viewed the grounds to be frivolous, delay unexplained. FIR lodged against respondent was in relation to inter-family dispute, negative final report submitted before learned JM, FIR did not result in adverse action against respondent. Plea of being unaware of FIR by respondents substantiated. Appeal dismissed.
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CRLW / 229 / 2022 (HANUMAN SINGH VS STATE OF RAJASTHAN) Date of Order/Judgment: 07/07/2022 Petition challenging order wherein case diary returned with liberty of further investigation. This Court pointed law being settled on Court’s power to order further investigation until framing of charge. Opined that it is discretion of Magistrate to permit on subjective satisfaction on material available. Reasons for same could be express or implied. Non recording reason permissible as Court clearly perused file and application moved. No error in impugned order. Petition failed.
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CRLW / 230 / 2022 (HANUMAN SINGH VS STATE OF RAJASTHAN) Date of Order/Judgment: 07/07/2022 Petition challenging order wherein case diary returned with liberty of further investigation. This Court pointed law being settled on Court’s power to order further investigation until framing of charge. Opined that it is discretion of Magistrate to permit on subjective satisfaction on material available. Reasons for same could be express or implied. Non recording reason permissible as Court clearly perused file and application moved. No error in impugned order. Petition failed.
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CSA / 433 / 2018 (ANIL KUMAR S/O RAJARAM SHARMA VS SHAILENDRA KUMAR AGRAWAL S/O RAJENDRA KUMAR @RAJENDRA PRASAD) Date of Order/Judgment: 15/07/2022 Second appeal preferred against concurrent finding of both courts below which dismissed the appellant-plaintiff’s suit for specific performance. This Court opined that plaintiff miserably failed to prove his readiness and willingness, not approached court with clean hands. None of the question of law, falls within purview of substantial question of law. In absence of involvement of any substantial question of law, the second appeal cannot be entertained. Appeal dismissed.
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CSA / 170 / 1990 (SHANTI LAL AGARWAL VS THE MUNICIPAL BOARD) Date of Order/Judgment: 08/07/2022 Matter being remanded by Hon’ble Supreme Court for fresh disposal on point whether substantial question of law arised for consideration. This Court answered in negative that it is not the case where on basis of drawing an adverse inference plaintiff is entitled for decree for possession, incumbent for plaintiff to prove his ownership and title, in which he failed. Question of drawing adverse inference against respondent neither arise nor extends any help to plaintiff. Second appeal dismissed.
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CW / 9086 / 2019 (BHANWARLAL S/O SH. SHRINARAYAN VS M/S LAND MARK EXECUTIVE PVT. LTD.) Date of Order/Judgment: 06/07/2022 Petition challenging orders urging that Revenue Lok Adalat passed order in absence of parties, Tehsildar prepared report without issuing notice. This court on maintainability opined that there exist right to raise all grievances challenging order of Lok Adalat through writ, requirement of law not complied, no opportunity to raise objections about partition. Revenue Appellant Authority and Board of Revenue erred in upholding decree of Lower Court. Preliminary decree upheld. Petition allowed.
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CW / 7853 / 2022 (ABDUL MAJEED SON OF SHRI ALI MOHAMMED VS INCOME TAX OFFICER) Date of Order/Judgment: 29/06/2022 Petition challenging order by respondent. Notice issued under s.148 of Income Tax Act, 1961 after forming opinion of tax being escaped. This Court opined that decision in enquiry as under s.148A of Act needs to be based on material available on record. Interpretation of material available on record mean a ‘tangible material’ not ‘likelihood of availability of material’. Respondent failed to establish that tax has been escaped. Order and notice quashed. Petition allowed.
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CRLMB / 3255 / 2022 (BHIM SAINI @ BHIMRAJ SAINI S/O TRILOK CHAND SAINI VS STATE OF RAJASTHAN) Date of Order/Judgment: 10/06/2022 While deciding bail application, this Court opined that issue of bail shall be considered in light of its own peculiar facts, circumstance attached, that too judiciously and carefully after considering overall circumstances of case. Rejected application and exercised extraordinary jurisdiction, directed SP, Bundi to appoint a competent office for further investigation under 173(8) CrPC, to file a supplementary charge sheet before Trial Court. Application dismissed.
