CFA / 215 / 2023 (SUNIL VS OSTWAL PHOSCHEM (INDIA) LTD) Date of Order/Judgment: 06/01/2025 Appeal preferred against order passed by the ADJ No.3, Bhilwara, allowing the application under Order 7 Rule 11, CPC. HELD: The main relief as prayed for in the suit in question is for declaration of Khatedari rights and the relief for cancellation of sale deed is an ancillary relief. The finding as recorded by learned Trial Court is totally in consonance with law and does not deserve any interference. The order impugned does not deserve any interference. Appeal dismissed.
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WCP / 732 / 2017 (M/S.ALOK CHITRA MANDIR, CHURU VS HEMANT JAIN) Date of Order/Judgment: 06/01/2025 Contempt Petition preferred alleging disobedience of the judgment passed by this court allowing the writ petition. HELD: Despite the recorded findings, the Dep. Comm. proceeded on to affirm the same order which is contemptuous. Purpose of contempt juris. is to uphold dignity of the Courts of law. However, the disobedience might be because of lack of understanding, taking a liberal view, and deems it appropriate to grant a chance to the resp. to rectify the order.
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CW / 16307 / 2024 (SHAMBOO SINGH VS THE STATE OF RAJASTHAN) Date of Order/Judgment: 12/12/2024 Petitioner assailing the order issued by Distt. Education Officer placing the petitioner under suspension. HELD: Petitioner’s unruly behaviour cannot be tolerated in the name of freedom of expression. Petitioner’s engagement in political activities and his behaviour definitely falls within the scope of misconduct. The petitioner cannot use freedom to garner his fiefdom. To keep the society in order, self-restraint is necessary while respecting self-esteem of others. Petition dismissed
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SAW / 1057 / 2024 (UNION OF INDIA VS JIET MEDICAL COLLEGE AND HOSPITAL) Date of Order/Judgment: 11/12/2024 Appellant appealed against the order passed by the ld. Single Judge allowing the increase of the seats in medical college. HELD:Interim order ought not to have been granted, not inclined to set aside the interim order, since students have paid their fee, admitted, joined & competed about a month of study, but direct the parties to complete their pleadings within 10 days & request the ld Judge to hear the petition within 1 month from the date of completion of pleadings. Appeal disposed
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CRLA / 720 / 2002 (STATE VS RAMDIN AND ANR) Date of Order/Judgment: 05/12/2024 Appellant preferred appeal u/s 378 CrPC laying a challenge to the judgment of acquittal. HELD: Ld. Trial Court had misread the material evidence on record and has adopted a hyper-technical approach in interpreting the testimonies of the witnesses and the docs. The respondents have failed to provide any explanation for the circumstances under which the incident took place. Acquittal of accused - respondents u/s 498-A, 304-B, & 201 IPC is not sustainable. Appeal allowed.
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CW / 19781 / 2024 (SUO MOTU - IN THE MATTER OF MASSIVE FIRE BROKE OUT VS UNION OF INDIA) Date of Order/Judgment: 21/12/2024 Court took suo moto cognizance on massive fire break out at Jaipur-Ajmer Highway due to collision of truck & LPG Tanker. HELD: These accidents result in huge loss of human kind and economy. Steps on the part of the Govt. are not sufficient; appropriate amount of compensation to be paid to deceased & all victims. Delay in completion of roads construction works cause huge difficulties. Issue notice to the resp. as to why the mentioned directions be not issued to them.
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CW / 5744 / 2024 (ANISHA CHANDA D/O KAILASH CHANDRA MEENA VS STATE OF RAJASTHAN) Date of Order/Judgment: 20/12/2024 Petitioners aggrieved of not receiving the question booklet nor any model answer key was published by the respondents in an online exam. HELD: Issuance of model answer key, inviting of objections, constitution of experts committee was not followed in the recruitment process which violated the fundamental rights of the Petitioners. Petitioners are not barred by the principles of acquiescence, estoppel. Probation trainees shall not be bound to refund any amount. Petition disposed.
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CW / 15391 / 2024 (VIJAY KUMAR SHARMA S/O SHRI PRABHUDAYAL VS UNION OF INDIA) Date of Order/Judgment: 19/12/2024 Petitioners assailed constitutional validity of Rule 81 of the Central Motor Vehicle Rules, 1989 levying additional fee of Rs. 50 for each day of delay after expiry of fitness certificate. HELD: Not within the domain of Central Govt. or State Govt. to levy a new fine other than those provided under Chapter XIII of the Act of 1988. Serial No. 11A of Rule 81 of Central Motor Vehicles Rules, 1989 is ultra vires. S. 64(o) r.w. S. 211 of the MV Act 1988 and declared inoperative in law. Pet. allowed
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CRLMP / 8225 / 2024 (HEERA LAL S/O KISHNARAM, VS STATE OF RAJASTHAN) Date of Order/Judgment: 10/12/2024 Whether order of framing of charge is interlocutory or final in nature? & which court should be approached High Court or Court of Session? Held: Orders framing charges or refusing discharge are neither interlocutory nor final in nature and are not affected by the bar of S. 397(2) CrPC. And, when the 2 forums are available, then it is a matter of propriety for the party to first approach the lower forum (Sessions court), except in rare and special circumstances. Petition dismissed.
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CRLW / 706 / 2023 (GANGARAM S/O SHRI GULYA MALI VS STATE OF RAJASTHAN) Date of Order/Judgment: 06/12/2024 Whether a prisoner convicted & sentenced for the offence under POCSO Act/S. 376 IPC can be shifted from Jail to Open Air Camp? HELD: There is no exact decision on the legal issue involved rather there are conflicting opinions. Where 2 conflicting views taken by the different Division Benches & Single Benches, this Court has no other option but to refer the matter to a larger bench. Matter be placed before Hon’ble the Chief Justice to answer the aforesaid question, referred by this Court
