CW / 3479 / 2024 (RAJESH VS ABBAS ALI) Date of Order/Judgment: 07/05/2024 Petitioner assailing order of Ld.ADJ No.1,Bhilwara allowing application filed by respondent under OIR10CPC seeking her impleadment as party defendant in suit.Held; applicant is required to notify all other parties against whom applicant wishes to proceed and after examining matter,court has discretion to direct impleadment of such party and such decision has to be taken on touchstone of O1R10 which provides that a necessary party may be added.Trial court committed no error.Petition dismissed.
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SAW / 414 / 2024 (UNION OF INDIA VS SANYOGITA) Date of Order/Judgment: 07/05/2024 Appellant assailing order of Ld. Single Judge declaring decision of appellants disqualifying respondent on ground of there being by a scar of removed tattoo.Held;mere existence of tattoo by itself is not disqualification on ground of medical fitness but size and place of body where it is inscribed is relevant for deciding whether it is a case of medical unfitness or not.Disqualifying candidate on such ground is violative of Art.14and16 of Constitution of India.Appeal dismissed
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CRLA / 388 / 1995 (STATE OF RAJASTHAN VS DEVILAL @ DEVIDA AND ORS) Date of Order/Judgment: 24/04/2024 Appellant assailing acquittal order passed by Ld. Sessions Judge, Merta.Held;Appellate court may only reverse a trial courts acquittal if judgment is patently perverse, based on misreading or omitting material evidence and no reasonable views other than the guilt of accused are possible.Scope of interference in acquittal order passed by Trial Court is very limited. Impugned judgment deserves no interference.Petition dismissed
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CRLA / 1670 / 2017 (VINOD KUMAR VS STATE) Date of Order/Judgment: 05/04/2024 Appellant assailing judgment of Ld.Addl.Sessions Judge,Anoopgarh camp Gharsana,Sriganganagar convicting appellant for offence U/S302 and 449IPC.Held;prosecution has failed to satisfactorily prove requisite ingredients that are required in case of conviction based on circumstantial evidence and that appellant alone murdered the deceased.Evidence are neither able to withstand force of appellants arguments nor are they capable to clear judicial scanning with lens of legal principles.Appeal allowed
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CW / 5064 / 2024 (RUGHA RAM VS BHANWARA RAM ALIAS BHANWAR LAL) Date of Order/Judgment: 04/04/2024 Petitioner assailing order of Ld.ADJNo.7,Jod.Metro.,Jodh.rejecting applicationU/O32R15CPC for appointment of next friend of plaintiff-perfo.respdt.due to her old age and med. grounds.Held;Ld. Trial Court instead of holding an enquiry as to whether original plaintiff was in fact a person of unsound mind and is not in position to protect her interest,rather assumed that application U/O32R15CPC has been filed in order to cause delay in adjudication of suit.Remanding matter back.Petition allowed
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CRLMB / 2025 / 2024 (ANUJ POKHARNA @ MIKKI JAIN S/O LATE ROSHAN LAL VS THE STATE OF RAJASTHAN) Date of Order/Judgment: 10/05/2024 Issue is whether principles of parity in seeking bail can be applied as straight jacket formula for granting bail.Held;Simply parity cannot be sole criteria for grant of bail,if after scrutiny and examination of record,facts comes on record that correct facts and evidence were not brought into notice of Court when indulgence of bail is granted to co-accused.Hence,principle of parity as universal application or a straight jacket formula cannot be applied.Bail application rejected
2
CRLMP / 2146 / 2011 (DHARAMVEER SINGH VS STATE OF RAJASTHAN AND ANOTHER) Date of Order/Judgment: 08/05/2024 Issue is whether cognizance for offences U/S323and504IPC,taken by JMFC against petitioner,a public servant is sustainable in law, for want of prior sanction U/S197Cr.PC.Held;prosecution of petitioner is not liable to proceed further in absence of sanction U/S197Cr.PC.Arrest of Respondent No.2 was made by petitioner in disclose of his official duties and were produced in SDM court on next day.Quashing impugned orders,allowed Petition.
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CW / 2565 / 2024 (ANJAN KUMAR GOSWAMI SON OF (LATE) SHRI PRADYUMN KUMAR DEV GOSWAMI VS THAKUR JI SHRI GOVIND DEV JI MAHARAJ VIRAJMAN CITY PALACE) Date of Order/Judgment: 03/05/2024 Petitioner assailing orders of ACJ-cum-MM No.1,Jaipur Metro.-I, allowing application of respondent U/S 65 of Indian Evidence Act,1872,allowing him to lead secondary evidence.Held;Court cannot allow to adduce secondary evidence,until it is established that original documents cannot be produced with a plausible reason.Merely admission in evidence and marking Exhibits do not automatically prove said documents unless they are proved by due process of law.Petition dismissed
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EXCIA / 103 / 2018 (COMMISSIONER OF CENTRAL GOODS AND SERVICE TAX AND CENTRAL EXCISE VS M/S ZUBERI ENGINEERING COMPANY) Date of Order/Judgment: 03/05/2024 Appeal filed U/S35-G(1) of Central Excise Act,1944 against order of Customs, Excise and Service Tax Appellate Tribunal setting aside impugned demand order and remanding matter back.Held;in remand proceedings,alongwith two issue specified by tribunal other connected issue shall also be looked into by O.A.Contention of appellant is ill founded.No substantial question involved in appeal.Appeal dismissed.
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CRLMP / 2216 / 2018 (SHALIWAHAN SINGH RATHORE VS STATE OF RAJ AND ANR) Date of Order/Judgment: 03/05/2024 Petition filed for quashing of criminal proceedings for offence U/S138 N.I.Act,wherein undated cheques were given as security by petitioners and were to be presented for encashment on breach of contract.Held;petitioners resigned,then complainant issued multiple legal notice to petitioners for breach of contract.Relevant date for determining existence of a legally enforceable liability under N.I.Act would be date of presentation of cheque in question,hence,liability arises.Petition dismissed
