| 1 | CRLAS / 286 / 2024 (PREMCHAND VS STATE OF RAJASTHAN) Date of Order/Judgment: 19/10/2024 Appellants aggrieved by Conviction order passed u/s 8/22 & 8/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 against appellant 1&2 respectively. HELD: Absence of independent witnesses, collection of samples without ensuring presence of magistrate, non-compliance of Sec. 52A NDPS & delay in sending samples to Forensic Science Laboratory renders the authenticity of sample doubtful. Appellants set free with execution of bond to appear further. Appeal allowed. |
| 2 | CRLMP / 7095 / 2024 (DINESH @ DINIYA VS STATE OF RAJASTHAN) Date of Order/Judgment: 18/10/2024 Petitioner seeks quashing of order 09.01.2024 passed by Learned Spcl. Judge, SC/ST(POA) Act Barmer. HELD: Direction of Trial Court for Forefeiture of Bail Bonds & initiation of proceedings against surety u/s 446 Cr.P.C. to be set aside as no notice was served before cancellation of Bail Bonds denying him the opportunity for explaining reasons of non-cancellation. Hence, violation of personal liberty. Petition disposed & trial to proceed in accordance with legal provisions. |
| 3 | CW / 10947 / 2024 (NITISHA CHOUDHARY VS THE STATE OF RAJASTHAN) Date of Order/Judgment: 16/10/2024 Petitioner aggrieved of ongoing selection process for Ayurveda Compounder/Nurse Junior grade. HELD: Adding on half of the vacancy after almost 8 months of commencement of process by splitting the vacancy is beyond the purview of Rule 16 and is illegal and unreasonable as the candidates who became eligible subsequently will be deprived from participating in the recruitment process. Petition allowed. |
| 4 | EP / 2 / 2024 (JITENDRA KUMAR VS SHRI VISHVARAJ SINGH) Date of Order/Judgment: 10/10/2024 Matter came upon an application under O 7 R 11 CPC as preferred on behalf of Resp. No. 1 for dismissal of election petition. HELD: No breach of provisions of Representation of the People Act, 1951 & of guidelines dictated under Public Interest Foundation’s case. Election petition rejected on the count that it does not disclose any cause of action and the relief No. 2 as prayed cannot be granted to the petitioner. Application under O 7 R 11 allowed. |
| 5 | CR / 172 / 2006 (C.T.O.,SURATGARH VS M/S EX.ENGINEER,BORDER FENCING DIV.) Date of Order/Judgment: 10/10/2024 Whether the interest on assessed tax payable from the date of first assessment order or subsequent order? HELD: When the first demand notice is not satisfied within prescribed time & original assessment order set aside, the interest should be paid u/s 58 of Rajasthan Sales Tax Act 1954 from date of first assessment order & not fresh assessment order. Petition allowed. |
| 6 | CRLA / 1116 / 2015 (GOPAL VS STATE) Date of Order/Judgment: 10/10/2024 Appellant-accused assails judgment of conviction by Add. Sessions Judge,Udaipur u/s 302, 326 & 329 IPC HELD: The crime committed without any premeditation, owing to a sudden fight in a heat of the moment and thus falls within the definition of Culpable Homicide u/s 299 IPC. The period undergone sufficient to meet the ends of justice. Appeal partly allowed. |
| 7 | CRLMB / 12285 / 2024 (MAHESH KUMAR VS STATE OF RAJASTHAN) Date of Order/Judgment: 09/10/2024 Petitioner seeks restoration of liberty u/s 439 Cr.PC/483 BNSS HELD: Considering the facts that key witnesses came forward after an year and delay in providing crucial evidence makes accuracy of testimony doubtful. Complainant not informing police regarding the information received from witnesses and alleged motive stemming from an event in 2012 appears speculative. Petitioners should be released on Bail subject to furnishing a personal bond and 2 surety bonds. Bail allowed |
| 8 | CW / 17161 / 2024 (SUO MOTO VS STATE OF RAJASTHAN) Date of Order/Judgment: 09/10/2024 This Court is concerned about Raj. Patrika & Dainik Bhaskar report reflecting cutting 1.19 lakh trees to form Pumped Storage Project in Baran Distt. HELD: Rt. to a green & healthy environment is considered as a facet of Rt. to life enshrined in A.21 of the Constitution. Duty of the state to preserve, protect & revive environment. Matter be listed as PIL. Ld. DSG & AAG directed to supply copy of reply along with docs. to appoint Amicus Curiae to render assistance to the court |
| 9 | CW / 3789 / 2024 (SMT. BHANWRI VS STATE OF RAJASTHAN) Date of Order/Judgment: 07/10/2024 Petitioner aggrieved by rejection of application for transfer of license issued to her husband for running motor driving school HELD: No provision in Central Motor Vehicles Rules 1989 & Motor Driving School Registration Scheme 2018 for transfer of License on the death of licensee & so bounded duty upon courts to grant equitable relief. Eligibility of petitioner to be decided by Resp. as per Rules of 1989. Petition disposed. |
| 10 | CRLW / 1131 / 2024 (DHAGALI VS STATE OF RAJASTHAN) Date of Order/Judgment: 20/09/2024 Petitioner assails appellate order passed by Sessions Judge Jodhpur whereby accused acquitted u/s 447 & 427 but sentenced u/s 323/34 IPC & desires additional charges u/s 354IPC. HELD: Eye witness Rama Ram considered to be interested witness as his daily wages are paid by the complainant, hence his testimony not considered. Additional charges could have been requested at the Trial or appellate stage via application but not relevant as of now. Petition dismissed. |
| 11 | CRLMP / 3205 / 2024 (SAPNA VS STATE OF RAJASTHAN) Date of Order/Judgment: 19/09/2024 Petitioner seeks quashing of FIR under section 420, 406, 465, 466, 467, 468, 471 and 120-B of IPC & alleges Complainant-wife of forgery of marriage certificate. HELD: The marriage date has been rectified by order of Permanent Lok Adalat, Nagaur & no unlawful gain specifically derived by Petitioners from such forgery. No alleged offences proved as no essential elements identified. FIR found to be abuse of process of law for the settlement of personal grudges. Petition allowed |
| 12 | CRLMP / 6040 / 2024 (NIRMALA PUROHIT VS STATE OF RAJASTHAN) Date of Order/Judgment: 18/09/2024 Petitioner seeks quashing FIR at Police Station Mathania, Jodhpur u/s 61(2)(a), 62, 318(4), 338, 336(3), 336(4), 340(2), 341(2), 339, 342(1), 342(2) & 351(3) of BNS 2023 for misrepresentation in Aadhar as an Indian National. HELD: No misrepresentation or impersonation as alleged against Petitioner proved u/s 318(4) & 336(3) of BNS. Malafide intention of complainant identified giving a criminal angle to a civil dispute which is an abuse of process of law. Petition allowed. |
| 13 | CRLMP / 7708 / 2023 (HIMANI VISHNOI VS STATE OF RAJASTHAN) Date of Order/Judgment: 17/09/2024 Petitioner seeks quashing of charge sheet filed u/s 420, 467, 468 & 471 IPC. HELD: No criminal intent proved & failure of bank to conduct proper due-diligence, verify authenticity of the mortgaged property documents before sanctioning loan. Unreasonable delay of 3 years in lodging FIR and furthermore grant of ‘No Dues Certificate’ proves no alleged offences against the Petitioner. Petition allowed. |
| 14 | CW / 16340 / 2022 (TARUNA SUTHAR VS UNION OF INDIA) Date of Order/Judgment: 21/08/2024 Petitioner assails the notice u/s 148 of Income Tax Act issued for reopening of assessment & challenged the tax Dept. for using an inflated property value set by the stamp duty office to assess her income, instead of actual sale price. HELD: Reopening of assessment & assessment orders passed without jurisdiction & authority of law in defiance to the order passed by the CIT (A) & the Income Tax Appellate Tribunal, which orders are binding on the assessing officer.Petitions allowed |
| 15 | CRLMP / 4999 / 2024 (BHAVESH KUMAR VS SWEETY) Date of Order/Judgment: 01/08/2024 Petitioner impugnes the maintenance order of Rs.7000 under section 125 Cr.P.C. passed by Family Court No.1, Jodhpur. HELD: No procedural irregularity found on the part of Family Court as it is based on sound & valid reasoning. Wife residing separately; thus, it is both moral & legal obligation upon the husband to provide her with maintenance irrespective of all claims & counter-claims of the parties regarding each other being unemployed. Petition dismissed. |
| 16 | CW / 16961 / 2023 (JASPREET KAUR VS STATE OF RAJASTHAN) Date of Order/Judgment: 28/05/2024 Petitioner seeking directions to the respondents for her appointment at the post of Upper Primary School Teacher considering her eligibility. HELD: The grounds of ineligibility of the petitioner held valid as she had English as her compulsory subject instead of Hindi and also, she does not qualify under the sports category as winning a medal in games conducted by School Games Federation of India is mandatory to secure the benefit of outstanding sportsperson category. Petition dismissed. |
| 1 | CRLA / 5 / 1992 (SHIV PRAKASH, S/O SHRI JAGAN NATH VS STATE OF) Date of Order/Judgment: 19/10/2024 Appellants aggrieved by judgment dated 18.12.1991 qua which he was convicted u/s 376 IPC r/w 511 IPC. HELD: All elements of attempt to rape constituted and if the penetration attempt would have been successful even partially, it would fall within the definition of “Rape” u/s 375 IPC. Deliberated actions of the appellants identified as he calls the minor-victim in room and pushed his genitals into hers. Appeal dismissed, order of conviction upheld. |
| 2 | CW / 675 / 2023 (STATE OF RAJASTHAN VS RADHAKISHAN) Date of Order/Judgment: 16/10/2024 Petitioner seeks quashing order dated 26.08.2020 passed by Revenue Board Ajmer regarding dismissal of appeal claiming transfer between allottees & Committee violates Secion 42(b) of Act of 1955. HELD: No evidence as to transfer of Khatedari Rights by allottees[SC/ST] in favour of Committee(Respondent 3) which was initially erroneously done in the year 1963, then corrected in 1965 recording that earlier entry was wrongly made has not been challenged for 50 years now. Petition dismissed. |
| 3 | CW / 3686 / 2024 (KAMLESH, S/O KISHAN LAL VS RAM SAHAI, S/O SUKHA RAM) Date of Order/Judgment: 10/10/2024 Petitioner assails order passed by Revenue Board dismissing revision petition & order of Sub-Divisional Officer of vacating the interim order. HELD: As per S. 84A Raj. Land Revenue Act 1956, no revision shall lie against an interim order passed in any proceedings under the Act. Conclusion arrived at by the board is correct. Interim order was vacated on hearing both the parties. Writ Petition dismissed. |
| 4 | CW / 12462 / 2024 (VIJAY KUMAR SWAMI S/O LATE SHRI SHIV PRASAD SWAMI VS SMT. GINNI DEVI W/O LATE SHRI RAMCHANDRA SHARMA) Date of Order/Judgment: 10/10/2024 Petitioner-Respondent seeks quashing of appellate judgment passed by Divisional Commissioner Jaipur setting aside conversion of entire land. HELD: Conversion of the entire land into Khasra No.16 without sufficient evidences & ignorance of pending civil litigations regarding the title of the land in question. Revenue Record was not persued for determining the parties affected by the conversion of land in question. Petition dismissed. |
| 5 | CW / 16462 / 2023 (SMT. KANTI BAI D/O SHRI MOTI W/O SHRI KHANA JI VS BAJRANG LAL S/O SHANKAR LAL) Date of Order/Judgment: 10/10/2024 Petitioner seeks quashing of orders of Revenue Board, Ajmer, Revenue Appellate Authority & Sub Divisional Officer regarding dismissal of appeal. HELD: Suit filed by the Respondents was decreed as the pleadings were admitted by the petitioners. No pleading in Writ Petition that the Written Statement was gorged or was filed under coercion or undue influence. Petition dismissed. |
| 6 | CW / 15763 / 2024 (JITENDRA SINGH S/O SHRI SURENDRA PAL SINGH VS STATE OF RAJASTHAN) Date of Order/Judgment: 10/10/2024 Petitioner aggrieved by the decision of Municipal Board to set up a hospital on specific land in Deoli, alleging that it benefits the Board’s Chairman whose wife’s land is nearby even when more suitable locations are available. HELD: Deciding the location of Hospital is a policy matter. Mere fact that land of Resp. No. 4’s wife is adjacent to the land in question cannot be a ground to allege malafides. Wife of Resp. No.4 not impleaded as a party. Petition dismissed. |
| 7 | CW / 13781 / 2024 (MEENAWALA GRAH NIRMAN SAHAKARI SAMITI LTD. VS REKHA PINGOLIYA WIFE OF SHRI ARJUN LAL PINGOLIYA) Date of Order/Judgment: 09/10/2024 Petitioner (society) aggrieved by the order 06-06-2024 passed by Rajasthan State Cooperative Tribunal, Jaipur against the cancellation of plot allotment made to Resp. No 3. HELD:Land allotted to Resp. No 3 was embarked as a facility area in revised schedule map but no document except a notice in newspaper to show that schedule map was revised. Why Respondent’s piece of land was included in facility area was not evident from award. Matter rightly remanded for fresh decision. Petition dismissed |
| 8 | CW / 21565 / 2018 (SMT SOMOTI WIFE OF SHRI KESHAV DEV SHARMA VS STATE OF RAJASTHAN THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF MINES AND GEOLOGY) Date of Order/Judgment: 08/10/2024 Petitioner aggrieved by orders dated 08.02.2013, 21.08.2015 & 01.01.2018 imposing penalty of Rs. 31,50,840 & dismissing appeals respectively. HELD: The penalty order is a non-speaking order. It is trite law that a quasi-judicial authority has to pass a reasoned order. Proper opportunity of hearing must be given & matter to be decided afresh. Petition allowed. |
| 9 | CRLMP / 5351 / 2023 (VIJAY KUMAR SINGHAL SON OF SHRI RAMSWAROOP SINGHAL, VS STATE OF RAJASTHAN) Date of Order/Judgment: 07/10/2024 Petitioner seeks quashing of prosecution sanction issued by Dept. Of Personnel, Govt. Secretariat. HELD: When online application process was prevailing, there was no need to file it offline. No proof of bribe demanded & accepted by Petitioner & Complainant being a friend of Ranjeet Gurjar who has rivalry with the Pet. constitutes forceful giving of illegal gratification in the Pet. pocket. Hence, no provisions of S. 7 of Prevention of Corruption act 1988 attracted. Petition allowed |
| 10 | CW / 17646 / 2023 (DEVENDRA VERMA S/O LATE SH. NARESH VERMA, GRANDSON OF LATE SH. RAJESH VERMA VS STATE OF RAJASTHAN) Date of Order/Judgment: 07/10/2024 Petitioner impugnes orders cancelling lease deed, dismissal of appeal & revision petition. HELD: Petitioner pleaded that he and his grandfather were not aware about notice being served regarding cancellation of lease deed as the power of attorney was in name of other person but mere ignorance of fact cannot be a ground for extending limitation. Appellant filed the appeal after 17 years, which is contrary to Rule 63 of Rajasthan Mining and Mineral Concession Rule, 2017. Petition dismissed. |
| 11 | CW / 15042 / 2020 (UNION OF INDIA VS S.K. BHARGAVA S/O LATE SHRIRAM BHARGAVA) Date of Order/Judgment: 25/09/2024 Petitioner aggrieved of order passed by Central Administrative Tribunal, Jaipur relating to waiver of Provident fund benefits by the employer. HELD: Dept. accepting the order passed by Resp. gives finality to the order, as they have not appealed against it even after having remedy u/s 7-I of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.Delay in filing the writ petition after 3 years & 8 months and all other factors renders Tribunal order justified. Petition dismissed |
| 12 | CRLA / 445 / 1991 (MAN SINGH S/O SAMANTARAM VS STATE OF) Date of Order/Judgment: 09/04/2024 Petitioners appealed against sentence of conviction passed by Sessions Judge, Bharatpur u/s 306 & 376 IPC. HELD: Prosecution failed to prove the allegations. There must be a proximate link between the offence committed and the suicide by the victim. A clear mens rea is required u/s 306 IPC and therefore, no abetment has taken place in the present case. Order of conviction set aside. Appeal Allowed. |
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