CFA / 183 / 2008 (DEBI AND ORS. VS RAMESHWAR LAL AND ORS.) Date of Order/Judgment: 30/01/2023 Appeal against suit decreed for declaration, cancellation of sale deed, permanent injunction.Court viewed specific documentary,oral evidence available on record, findings by Court below totally in consonance with evidence by parties, decision on issue-1 affirmed. Findings on Issue of revenue entries decided against plaintiffs as not within jurisdiction is right. Finding on adverse inference to be taken against party for non-production of documents admitted in possession affirmed. Decree affirmed
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CW / 10254 / 2019 (JAI JAGDAMBA PUBLIC SCHOOL SANSTHAN VS THE JUDGE, EMPLOYEES STATE INSURANCE COURT, PALI) Date of Order/Judgment: 21/12/2022 Petition against order by Employees State Insurance Court, Pali rejecting application for temporary injunction. On objection to maintainability Court- Impugned order does not finally adjudicate rights and liabilities of parties, cited Force Motors Ltd.(2008)118FLR526),no appeal would lie against same, so petition maintainable. On objection to deposit 50% of recovery as per S.75 (2B) of Act, School directed to deposit 50% of demanded amount with recovery stayed till final disposal. Disposed.
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CMA / 953 / 2005 (SMT. PREM KANWAR AND ORS VS BUDHAPURI AND ORS) Date of Order/Judgment: 19/12/2022 Appeal for enhancement of compensation, against order by learned Tribunal awarding compensation of Rs.3,96,768/- with 6 percent interest. This Court- Tribunal rightly assessed monthly income, ordered multiplier of 13 instead of 6, enhanced other heads as per facts and circumstances, added future prospects in lieu of judgments of Hon’ble Apex Court in National Insurance Co. Ltd. Vs. Pranay Sethi .(2017)16SCC680. Enhanced amount Rs.7,06,296/- to be paid by Insurance Company. Partly allowed.
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CRLMP / 8014 / 2022 (SANJAY SINGH KACHHWAHA VS STATE OF RAJASTHAN) Date of Order/Judgment: 12/12/2022 Petition to quash order by Special Judge, to allow application for taking CCTV footage on record as secondary evidence. Court-basic tenets of criminal jurisprudence require an accused must be given full opportunity to present defence, in accordance of law, endeavor must be to take on record all relevant evidences, is higher when an accused seeks to bring evidence in defence. Directed to allow strictly in accordance with law following Hon’ble Apex Court in Arjun Panditrao Khotkar. Partly allowed.
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CRLMP / 7455 / 2022 (RAHUL RAJPUROHIT VS STATE OF RAJASTHAN) Date of Order/Judgment: 09/12/2022 Petition against order rejecting registration of FIR but initiating inquiry u/s 200 CrPC. This Court - power u/s 156(3) CrPC discretionary, based on nature of offence, requirement of investigation by police. May be forwarded when complain discloses cognizable offence(s) and warrants investigation. Initiating proceedings u/s 200 CrPC justified, investigation not needed from records, committal of no cognizable offence indicated, indicated cutting of tree. Impugned order not infirm. Dismissed.
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CW / 2679 / 2022 (RITEESH KUMAR JYOTISHI S/O BHAGIRATH PRASAD JYOTISHI VS THE STATE OF RAJASTHAN) Date of Order/Judgment: 25/01/2023 Challenge to method of normalization adopted by Rajasthan Subordinate and Ministerial Staff Selection Board, Jaipur to equalize difficulty level of different question papers in multi-sessioned exam for post of Patwari. Court- Board applied normalization uniformly after assistance of Expert Committee, it neither dehor 2019 rules nor is arbitrary and mala fide, Art.14,16 of COI not violated in preparing final result. Not inclined to quash provisional merit list, final merit list.Petition dismissed
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SAC / 11 / 2022 (SMT. SHAIL BHARGAVA WIDOW OF LATE AMARNATH BHARGAVA, VS SMT. SHANTI DEVI (SINCE DECEASED)) Date of Order/Judgment: 09/01/2023 Special appeal against order by Single Judge in an application moved for extending time to make deposits of mesne profit in first appeal preferred by Judgement debtor. This Court - no intra-court appeal is maintainable against an interlocutory order or order of final nature passed by learned single Judge in a pending first appeal to Division Bench in terms of Rule 134 of Rules of 1952 as same stand barred by Section 100A CPC. Appeal not maintainable. Dismissed.
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CW / 521 / 2011 (SUSHILA DEVI VS STATE OF RAJ AND ANR) Date of Order/Judgment: 19/12/2022 Challenge to order declining compassionate appointment. Court citing Pinki Vs. State of Rajasthan & Ors.2012(1)WLC431 opined that it would be prudent to say Rajasthan Compassionate Appointment of Dependents of Deceased Government Rules, 1996 are beneficial piece of legislation, must interpret them harmoniously to read a ‘widowed-daughter-in-law’ as a part and parcel of ‘widowed daughter’. Directed to consider petitioner, grant her due benefits in accordance with law. Petition allowed.
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CFA / 91 / 2009 (AMAR CHAND VS SMT VIJAYA) Date of Order/Judgment: 08/12/2022 The question before this court considered as that civil suit filed for eviction filed after termination of tenancy under S.106 of Transfer of Property Act was maintainable as at that time provisions of Act of 2001 were not extended in Municipal areas of Beawar, location of rent premises, same extended by State Government through notification passed after decreeing of present suit. Decree for eviction passed against tenant sustained, first appeal dismissed.
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CW / 13821 / 2020 (SUMIT SHARMA S/O SHRI GOVIND NARAYAN SHARMA VS STATE OF RAJASTHAN) Date of Order/Judgment: 06/12/2022 Petition to direct to not consider reserved category(RC) candidates against unreserved category(URC) for post of Lecturer, if relaxation in NET/SLET/SET already granted. Court- method of appointment and basis of merit different, cannot be inferred that RC person will always remain as a RC, even if, he secures his merit on his performance in selection process and he secures higher marks equal to URC, then still he will be considered for RC. No cause of action at advertisement stage. Dismissed.
