CW / 1325 / 2020 (REKHA MEENA VS STATE OF RAJASTHAN) Date of Order/Judgment: 27/02/2020 Rule 13 of the Rajasthan Medical and Health Subordinate Service Rules,1965-Rules 35 and 36 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules,2011-Rejection of petitioner candidature, consequent to physical challenge-denial of fair opportunity in public employment-appointment to remain subject to production of certificate of fitness or upon objective satisfaction that the incumbent is capable of performing the functions/duties as required.
CW / 1693 / 2020 (VIRENDER SINGH VS STATE OF RAJASTHAN) Date of Order/Judgment: 26/02/2020 Article 324 of Constitution and Section 101 of Panchayati Raj Act, 1994 read with Rule 4 of 1994 Rules; Order by Government in redrawing the lottery and reservation for elections to Panchayati Raj Institutions. Action of Election Commission in deferring polls not arbitrary. Effect to reservation carried out in consonance with the provisions of Section 16 of Act of 1994, and Rule 7 of 1994 Rules. Nomination being accepted by Returning Officer not sufficient to claim oneself as elected unopposed.
SAW / 53 / 2020 (GOPALRAM VS THE STATE OF RAJASTHAN) Date of Order/Judgment: 28/01/2020 Rule 9 (ia) and 412 of the Rajasthan Land Revenue (Land Records) Rules, 1957- Rule 412 of the 1957 Rules-District Collector responsible for all administrative matters pertaining to Patwaris and Rule 9 (ia) empowers him to transfer a Patwari anywhere within the District. The proviso to Rule 9 (ia) in no manner could be construed to restrict the power conferred upon the District Collector under the main provision of Rule 9 (ia).
CMA / 151 / 2020 (STATE OF RAJASTHAN VS M/S HARI OM BUILDERS) Date of Order/Judgment: 24/01/2020 Order VII, Rule 2A CPC- No consequence provided in amended Code for non-compliance of Order VII, Rule 2A CPC- Also, Section 3 of Interest Act, 1978 deals with power of Court to award interest.
CW / 14964 / 2019 (KIRAN KUMARI VS STATE OF RAJASTHAN) Date of Order/Judgment: 15/01/2020 Rule 8 of Rajasthan Panchayati Raj (Transferred Activities) Rules, 2011- These Rules have been framed under Article 309 of the Constitution and they have statutory force. Any order or circular, may it be passed by the Chief Secretary, cannot alter, obliterate or override the provisions contained in the 2011 Rules.
CW / 21332 / 2019 (RAJARAM GURJAR SON OF SHRI BHAYRAM GURJAR VS STATE OF RAJASTHAN) Date of Order/Judgment: 14/02/2020 Section 39(6) of the Rajasthan Municipalities Act, 2009- Challenge to order of suspension- The power of suspension can be invoked by State Government if the “proceedings have been commenced” for removal of a member, as provided under subsection (1) of Section 39 of the Act, 2009. Provision under sub-section (6) of Section 39 of the Act, 2009 nowhere contemplates that any show cause notice is required to be given or an explanation is required to be called from the member of municipality.
CRLMP / 6765 / 2019 (SOLAR4MAX.COM VS OXIDE POWER PRODUCT PVT.LTD) Date of Order/Judgment: 31/01/2020 Section 143A and 148 of Negotiable Instruments Act- Section 143A & 148 provides for grant of interim compensation. However, it does not entail any consequences and the provisions do not state that non-compliance would have a particular result. In facts of each case, the period of depositing the amount can always be extended as the purpose in making the amendment is essentially to grant relief to the aggrieved party by immediate compensation of payment of 20% of the total value of the cheque.
CRLMP / 5944 / 2019 (YOGENDRA DURLABHJI S/O LATE SHRI K.S. DURLABHJI VS STATE OF RAJASTHAN) Date of Order/Judgment: 29/01/2020 Cognizance of offences under Section 18(c) and 27 (b) (ii) of the Drugs and Cosmetics Act, 1940- The vicarious liability of a person arises only when he is at the relevant time incharge for the conduct of the said business. The overall responsibility of a hospital would not entail the liability of all actions-any other person may be responsible for obtaining license as made out under Section 34(1) of the Act of 1940.
CRLR / 273 / 2019 (SHYAM SUNDER SINGHVI S/O SHRI KASTOOR CHAND SINGHVI VS UNION OF INDIA THROUGH UMA NAND VIJAY, ASSISTANT DIRECTOR) Date of Order/Judgment: 24/01/2020 Sections 3 and 4 of Prevention of Money Laundering Act, 2002; Sections 397 and 401 Cr.P.C. Under PMLA, 2002, a person accused may not have committed the scheduled offence and such person can be prosecuted for the offence of money laundering even if such person is not guilty of the scheduled offences-High Court should not interfere with the order passed by the courts below while exercising powers under Sections 397 and 401 Cr.P.C unless it finds that the order impugned is perverse on face of it.
CRLMP / 2332 / 2012 (NAND RAM VS STATE OF RAJASTHAN AND ORS.) Date of Order/Judgment: 09/01/2020 Section 401(2) Cr.P.C- Charges framed under Sections 7/16 of the Prevention of Adulteration Act 1954. Under Section 401(2) Cr.P.C. a right of hearing is to be provided to the accused or other person if an order is passed to their prejudice. In the instant matter no such opportunity of hearing was granted, therefore, held that provisions of Section 401(2) Cr.P.C. had not been followed.