CRLMP / 1502 / 2022 (HETRAM VS STATE OF RAJASTHAN) Date of Order/Judgment: 01/09/2022 Court - liability of uninsured vehicle be borne by driver,owner, it will have charge over vehicle. Considered R.10.2A of Rajasthan Motor Vehicle Rules,1990, opined that courts while deciding application for release of uninsured vehicles in accidents are required to consider amount awarded/claim petition for arriving just figure for which owner should furnish security. Trial Court ought to have asked security of Rs.15 lacs. In absence of cross appeal quantum Rs 8 lac unaltered. Petition dismissed
CRLA / 561 / 2017 (SHRIDEV SINGH AND ANR. VS STATE) Date of Order/Judgment: 31/08/2022 Appeal against order u/s 319 CrPC, cognizance taken u/s 436,450 IPC, 3(2)(4),3(2)(5) SCST Act 1989. Whether Court ought to considered evidence at a higher standard than required at stage of framing of charge/taking cognizance? This Court-Special Court saw all facts, circumstances, assessed evidences beyond that of framing of charge. Petitioners named in F.I.R., in statements by prosecution witnesses, order allowing arraying of petitioners as accused in case pending before it is right. Dismissed.
CW / 14865 / 2016 (NARENDRA SINGH YADAV VS STATE AND ORS) Date of Order/Judgment: 25/08/2022 Petition to direct respondent to permit participation in counselling, promotion as Senior Teacher, quash candidates list. Participation denied stating English studied as compulsory subject and not optional. This Court on facts found English taught to petitioner be treated as optional, law laid down in DBSAW-598/2018, SBCW-13707/2018 that candidate having opted for English as a compulsory subject in graduation course satisfied object of Rules 1971 relied. Respondent action unsustainable. Allowed.
SAW / 100 / 2022 (RAHUL JAIN VS BARODA RAJASTHAN KSHETRIYA GRAMIN BANK) Date of Order/Judgment: 18/08/2022 Special appeal against learned Single Judge dismissing petition filed seeking direction to fill 126 vacancies of Officer Scale-II (GBO) by allotting candidates on merit, preference to Baroda Rajasthan Kshetriya Gramin. This Court viewed that role of recruiting agency- IBPS is limited to extent of conducting examinations, declining to allot candidates against advertised vacancies of BRKGB on ground of provisional allotment already made cannot be justified. Directed to allot post. Appeal Allowed.
CRLMP / 2947 / 2018 (SUNIL BHATI VS STATE OF RAJASTHAN) Date of Order/Judgment: 18/08/2022 Petition to set aside impugned order, prayer to allow himself for Narco Analysis Test. This Court opined that s.233 CrPC is an indefeasible right of accused to present evidence to support his defence. Denying a statutorily opportunity to render defence evidence at appropriate stage would be detrimental and violation of statutory right. Upheld opportunity to accused under s.315 CrPC also. Right being used at appropriate stage, so test be allowed. Impugned order quashed, petition allowed.
CRLMP / 4740 / 2022 (PROF. (DR.) AMARIKA SINGH S/O SHRI LATE RAM DENI SINGH, VS STATE OF RAJASTHAN) Date of Order/Judgment: 09/09/2022 Petition for quashing FIR registered u/s 166,167,420,467,468,471,120B IPC. Court found that petitioner/public servant with others prepared report knowingly to be incorrect, thus intention evident that it was likely to cause injury to any person. Offence u/s 167 IPC made out, investigation not be scuttled at threshold. Government moved matter ahead relying on report, thus S.415 (b) IPC act of inducement likely to cause damage to reputation of State also prima facie disclosed in FIR. Dismissed.
CRLMP / 4366 / 2022 (SURENDRA SINGH RATHORE S/O SHRI INDRA SINGH RATHORE, VS STATE OF RAJASTHAN) Date of Order/Judgment: 09/09/2022 Petition to quash second FIR as one already registered u/s 7,7A of PC Act 2018,120-B of IPC relating to same allegations of same transaction. Court - Joint trial of alleged offence in second FIR permissible with offence in first FIR, it will be abuse of process of law as in both allegation of conspiracy for same offence is there, cited Amit Bhai case (2013)6SCC348. Second FIR is without prior approval, so, cannot be investigated, thus, II FIR quashed qua petitioner. Petition allowed.
SAW / 927 / 2020 (THE STATE OF RAJASTHAN VS ANIL KUMAR S/O SHRI HARI RAM) Date of Order/Judgment: 07/09/2022 Appeal against order by learned Single Judge directing regularization of services of part time Safaikarmi. This Court - order set aside as respondent not working against any sanctioned/vacant post of Class IV Employee, no post exist on which he could be regularized. Court directed to ensure payment of minimum wages, liberty to approach Labour Court that he is no longer a part time employee and works as regular Class IV Employees and entitled to minimum pay of class IV. Appeal disposed.
CRLMP / 2589 / 2022 (ARCHANA MITTAL W/O SH. HARISH KUMAR MITTAL, VS ANAND RATHI GLOBAL FINANCE LTD.) Date of Order/Judgment: 31/08/2022 Complaint,cognizance order, summons,warrant of arrest challenegd. This Court-Second presentation of cheque for realization of same amount during pendency of case u/s 138 of NIAct of first cheque for same due amount not permissible. Second complaint against same drawer maintainable before same court where earlier one pending, so, Jaipur Court without jurisdiction, No mandatory inquiry conducted u/s 202 CrPC, order of cognizance, issuance of summons vitiated. Complaint dismissed. Petition allowed.
STR / 69 / 2019 (ASSISTANT COMMISSIONER, ANTI EVASION VS DR. VIRENDRA LASER FECOSURGERY CENTRE) Date of Order/Judgment: 25/08/2022 Court applied Aspect Doctrine/Predominant Test citing BSNL v. UOI (2006) 145 STC 91 ruled that lenses, stents, implants, sale of medicines to indoor patients, room-rent, food-supply while carrying medical treatment services constitutes medical treatment/health service and not supply of good, it is predominantly service and incidental sales/services are bundled into. Revenue has no competence to levy sale tax, Order deleting tax, interest, penalty by Tax Board upheld. Revision Dismissed.