CRLMB / 8766 / 2024 (NIRMA VS STATE OF RAJASTHAN) Date of Order/Judgment: 26/07/2024 Petitioner charged u/s 419, 420, 120-B of IPC & u/s 3,4,5,6 of Rajasthan Public Examination (Prevention of Unfair Means in Recruitment) Act, 2022 filed application u/s 439 CrPC for releasing her on bail. Held: Petitioner is not involved in any other case & has available to her substantial grounds so as to question the prosecution case. No useful purpose would be served by keeping petitioner in detention for indefinite period. Bail application allowed.
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CRLA / 492 / 1989 (JEET SINGH AND ORS. VS STATE) Date of Order/Judgment: 25/07/2024 Criminal appeal u/s 374 Crpc has been filed with prayer of setting aside conviction u/s 302/34 & 447 of IPC passed by sessions judge? HELD: two different stories with different accused's name were narrated in both DD. If inconsistencies are found in DD, then DD recorded before the magistrate is to be relied upon. Contradictions found in the statements of sole eye witness. There are relaible & cogent evidence on record that conviction deserves to be reversed. Appeal allowed.
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CRLMB / 8666 / 2024 (VEER BAHADUR SINGH VS STATE OF RAJASTHAN) Date of Order/Judgment: 25/07/2024 Applicant locked in FIR u/s 302, 201 & 120-B of IPC filed application u/s 439 CrPC (sec. 483 of BNSS, 2023) for restoration of liberty. Held: Murder committed to take revenge from complainant. Pet. was root cause of incident. In serious offence, filling of chargesheet does not provide a ground for bail to the petitioner. The nature of gravity of accusation, role attributed to petitioner & case set up against him, not found entitled to be released on bail. Bail application dismissed.
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CRLMB / 8653 / 2024 (DINESH KUMAR VS STATE OF RAJASTHAN) Date of Order/Judgment: 24/07/2024 Anticipatory bail application filed by petitioner apprehending arrest in connection with FIR registered u/s 363, 376(2)(I)(N), 450 of IPC & u/s 3/4 of POCSO Act. Held: Victim has specifically alleged offence of rape against the petitioner. If victim refused to undergo medical exam, her statement cannot be negated & it cannot be said that petitioner has been falsely implicated. Allegations levelled against the petitioner are of grave nature. Bail application rejected.
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SAW / 438 / 2024 (ABHISHEK AGRAWAL VS BHARAT PETROLEUM CORPORATION LIMITED (BPCL)) Date of Order/Judgment: 16/07/2024 Petition filed aggrieved by order passed in S.B. Civil Writ Petition concerning invalidity of the lease deed as registered after the cut-off date as per guidelines. Held: Manual for selection of LPG Distributors, ownership is defined to have ownership title over property or lease deed (with min. 15 years validity) registered on or before last date of submission of application. It is beyond the jurisdiction of writ court to issue direction to BPCL not to adhere to guidelines. Appeal dismissed
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CW / 12314 / 2008 (M/S SANT INTERNATION JEWELLERS VS STATE OF RAJ AND ORS) Date of Order/Judgment: 01/08/2024 Petition filed seeking quashing of order rejecting the application of petitioner for allotment of plot in Special Economic Zone. Held: Reserve price wrongly fixed, all applications rejected with a decision to re-advertise. Not a case of discrimination or irrationality. Petitioner would be at liberty to participate when allotment for plots is advertised. The right of the highest bidder is always provisional & the authorities are not bound to accept the highest bidder. Petition dismissed.
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CW / 11363 / 2024 (MANJU GARG W/O SHRI VISHNU GARG VS STATE OF RAJASTHAN) Date of Order/Judgment: 31/07/2024 Petition filed against the impugned order suspending the petitioner, & a chargesheet issued to her u/r 16 of Raj. Civil Services (Classification, Control & appeal) Rules, 1958. Held: Chargesheet cannot be interfered with in a routine manner. Petition dismissed. A general mandamus issued to the authorities to look into the matter & take immediate steps to resolve the situation of proxy teaching in govt. schools. Direction issued to authorities for framing a Zero Tolerance Policy.
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CW / 6215 / 2018 (DAMODAR LAL GUPTA VS STATE OF RAJ AND ORS) Date of Order/Judgment: 23/07/2024 Petition filed seeking quashing of orders issued by Mining Engineer/ Assistant Mining Engineer for recovering amount payable against Short Term Permit. Held: No order of demand existed after the decision by the revisional authority. After the remand, no order was passed but the notices for recovery were issued. It is a trite law that recovery notices are to be preceded with an order creating demand. Impugned orders set aside. Petition allowed.
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CW / 12729 / 2020 (PRACHIN CHOUDHARY SON OF SHRI BHUPENDRA SINGH CHOUDHARY VS STATE OF RAJASTHAN) Date of Order/Judgment: 23/07/2024 Petition filed aggrieved by the order of dismissal of appeal as time barred. Held: Petitioner made a statement that he as mentally upset & not aware of the proceedings, but no evidence was produced. Delay cannot be condoned in absence of sufficient cause. Inordinate delay of more than 3 years with no acceptable explanation. Court adopts stricter approach where delay is inordinate. Petition dismissed.
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CW / 11861 / 2024 (PAYAL SONI D/O SH. CHITRANJAN SONI VS RAJASTHAN HIGH COURT) Date of Order/Judgment: 23/07/2024 Whether defaults committed in filling OMR sheets a valid ground for exclusion of candidate from the process of selection? Held: Violation of instructions disrupt the process of selection. No laid down system in selection process to allow candidate to remove such mistakes. Instructions are mandatory & to be strictly complied. Mistakes committed by the candidate cannot be allowed to be corrected & the only course open is exclusion from the process of selection. Petition dismissed.