CRLMP / 6586 / 2021 (ANOP SINGH VS STATE OF RAJASTHAN) Date of Order/Judgment: 26/04/2022 Petition challenging case pending before Judicial Magistrate registered under section 11 and 15 of Prohibition of Child Marriage Act, 2006. Court opined that marriage is a sine qua non to constitute an offence under Act. Engagement of a child in any case does not amount to an offence under section 11 of the Act. Exercised inherent power u/s 482 regarding proceedings fundamentally void, abuse of process of Court, allowed petition.
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CW / 3472 / 2022 (HAIDER KHAN VS UNION OF INDIA) Date of Order/Judgment: 19/04/2022 Petition branded as PIL to direct Central Government to conduct census activities in specified time and declare Section 3 of Census Act, 1948 as ultra vires. Court opined petition as malafide, fanciful and unrealistic, prejudice to the public at large by noncompletion of the census operations not established, census activities are to be undertaken in accordance of Act, is a sovereign function of the CG, questioning bonafides of the executing authorities unreasonable. Petition dismissed.
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CW / 8472 / 2021 (JAL GRAHAN VIKAS SANSTHA VS STATE OF RAJASTHAN) Date of Order/Judgment: 31/03/2022 Petitions against land alloted to company by State Government for solar project. This Court opined that allotment is on Banjar land not on restricted land, does not-affect flora-fauna, natural flow of water, area beyond 50 acres could be allotted under amended Rajasthan Land Revenue (Allotment of Land for Setting Up of Power Plant based on Renewable Energy Sources) Rules, 2007. Injunction against infrastructural project is against statutory provisions. Petitions devoid of merit, dismissed.
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CRLTP / 14 / 2021 (AMIT AGARWAL VS NEETU AGARWAL) Date of Order/Judgment: 28/03/2022 Case pertains to conferment of jurisdiction upon the courts where temporary residence of party is there. Petitioners challenged jurisdiction of Bhinmal Court as respondents are temporary residing there. Citing Jagir Kaur & Ors. vs. Jaswant Singh AIR 1963 SC 1521 court opined that the term “resides” as under Section 126 Cr.P.C. would include both, a permanent as well as a temporary residence. No interference called. Petition dismissed.
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CRLR / 233 / 2022 (AKHERAJ VS STATE OF RAJASTHAN) Date of Order/Judgment: 24/03/2022 Court observed that as per 167(2)(a)(I)Cr.P.C, 90 days be computed when investigation to that particular offence began, 90 days is counted when investigation of fresh offence starts not from date of FIR, right to seek statutory bail accrues as indefeasible right only if remedy availed within prescribed window from the date of expiry of total period of detention of accused person(s) u/s 167(2)Cr.P.C., until filing of the charge-sheet. Trial courts order not interfered, petition dismissed.
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SAC / 22 / 2018 (SH. SHANKAR JHA (MANAGER) VS NAND KISHOR GUPTA S/O SH. NATHU LAL GUPTA) Date of Order/Judgment: 05/05/2022 Special Appeal against order of Learned Single Judge holding contemnors guilty,confirmation of sale and issuance of certificate as void ab initio, directed to take back possession of property. This court denied upholding transaction of sale as void relying on Apex Court’s judgment, denied taking back of possession, denied guilt of impleaded contemnors as no specific role played by them. Authority violating order not impleaded. Liberty to petitioner initiate separate proceedings.Appeal allowed.
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CFA / 680 / 2004 (MAHENDRA YADAV S/O LATE SHRI GHASIRAM YADAV VS BHAGWAN DEVI W/O LATE SHRI KRISHAN SHARAN SHARMA,) Date of Order/Judgment: 05/05/2022 Appeal against decree of eviction, recovery of rent. This court opined first appeal unwarranted, for ulterior motive,malafide, superfluous, unscrupulous litigation. Trial Courts finding on default affirmed, benefit of first default already extended, no jurisdictional error in appreciation of evidence on bonafide and reasonable necessity. Decree for eviction is just and proper, requires no interference, same affirmed. Issue of partial eviction also decided in favour of plaintiff. Dismissed.
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SAC / 13 / 2019 (RAMESHWAR PRASAD SHARMA S/O DEVI SHARAN SHARMA VS NAND KISHOR GUPTA S/O SH. NATHU LAL GUPTA) Date of Order/Judgment: 04/05/2022 Special Appeal against order of Learned Single Judge holding contemnors guilty,confirmation of sale and issuance of certificate as void ab initio, directed to take back possession of property. This court denied upholding transaction of sale as void relying on Apex Court’s judgment, denied taking back of possession, denied guilt of impleaded contemnors as no specific role played by them. Authority violating order not impleaded. Liberty to petitioner initiate separate proceedings.Appeal allowed.
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CW / 14442 / 2019 (MAHANT RAMPRAKASH DAS SWAMI VS ASSISTANT COMMISSIONER (I)) Date of Order/Judgment: 02/05/2022 Petitioner applied for name in Trust Register after late Mahant. Respondent urged his name in amended Constitution. Courts below found no declaration in petitioner favor, failed being declared as working trustee, Amended constitution provides next to be from Khalsa family. This court opined that Courts below recorded facts correctly. Power under A. 227 is to see if jurisdiction exercised in proper manner or not. Appreciation of evidence or facts under A.227 is not proper exercise. Dismissed.
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CW / 14949 / 2020 (KUMAR INDU BHUSHAN, S/O LATE GURUDAYAL SAHU VS UNION OF INDIA) Date of Order/Judgment: 27/04/2022 Petition against order of compulsory retirement (CR), seeking reinstatement with consequential benefits. Court opined that respondents not driven by extraneous, malicious, perverse, unreasonable or arbitrary considerations, decision considered entire facts, material available, service record, performance, usefulness, acted in public interest, no procedural error, principles of natural justice not required as CR is not a punishment, only to improve administration. Petition dismissed.
