CW / 12391 / 2022 (RAJNEESH LABANA VS STATE OF RAJASTHAN) Date of Order/Judgment: 17/11/2022 Petition seeking direction to consider names of petitioners for promotion in DPC for post of Senior Patwari for 2021-22 as senior, meritorious with consequential benefits. Court- as per directions by this Court petitioners accorded appointment and assigned seniority as per merit in terms of Recruitment 2015. Promotion is comprehended within ‘seniority’. Giving of seniority but depriving of promotion based on seniority negates very purpose of according seniority. Petitioners entitled. Allowed.
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CW / 12557 / 2018 (KIRTI KACHHAWAHA VS STATE OF RAJASTHAN) Date of Order/Judgment: 16/11/2022 Petition seeking direction for grant of Higher Super Time Pay Scale Post in Rajasthan Accounts Services. Court-Respondents from earlier conduct for promotion have treated petitioner as duly appointed from 1992,unjustified if treated differently for Higher Super Time Scale.Eligibility from amended Notification that person of service to have completed 25 years of service.Words Actual Experience or Actual Working in service wrongly attracted. Not considering petitioner is wrong, arbitrary. Allowed.
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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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COP / 12 / 1987 (R.O.C. VS M/S. SHIELD SHOE CO.) Date of Order/Judgment: 24/11/2022 Official Liquidator requested to direct shareholder’s LRs’ to furnish separate POA as per Rajasthan Stamp Act, original share certificates, succession certificate. This Court - Interpretation of Rule 280 of Companies (Court) Rules,1959 will defeat object for which power given to settle claim, claimant not be deprived due payment, insistence of succession certificate may not be made in every case. Prayer by liquidator denied, asked to consider accepting indemnity bond, survivorship certificate.
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CMA / 4629 / 2017 (SANTOSH KUMAR VS HARKHAS AAM AND ANR) Date of Order/Judgment: 17/11/2022 Appeal against denial of grant of succession certificate of property left by uncle of appellant. Claim based on Will. Court below refused stating that attesting witnesses on Will not examined, hence, not probated, thus refused. This Court- Mere fact that witnesses identified signature of testator, that testator signed in his presence, would not fulfill requirement of law. Appellant failed to prove execution in accordance of law. No relief on strength of Will. Impugned order upheld. 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.
