CW / 13123 / 2024 (SUBRATA SAHA VS THE STATE OF RAJASTHAN) Date of Order/Judgment: 25/11/2024 Petitioner assailing the order passed by the resp. no.2 – Joint Secretary, Gen. Admin. (Group-V) Department compulsorily retiring the petitioner by invoking rule 53(1) of the Rajasthan Civil Services (Pension) Rules, 1996. HELD: Respondent’s approach was highhanded, partisan and arbitrary. 3 months’ notice & opportunity of hearing as per Rule 53(2) was not given. The competent Committee has not objectively considered the record and has passed the order vindictively. Petition allowed
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ITA / 68 / 2009 (M/S ARUN COTTON COMPANY VS A.C.I.T.CIRCLE,SRIGANGANAGAR) Date of Order/Judgment: 11/11/2024 Appellant filed appeal assailing the order passed by ICAT affirming the order of CIT(A), Bikaner. Partnership firm of the appellant was dissolved which was intimated to Assessing officer. ITR & Audit Report were also sent to concerned authority, still penalty was imposed. HELD: Once the returns and audit report with all other required documents, are filed within the permissible time period before one of the authorities then he cannot be said to not having a reasonable cause. Appeal Allowed.
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COAP / 2 / 2008 (OFFICIAL LIQUIDATOR OF M/S PITTIE VS N.N.PAI AND ORS.) Date of Order/Judgment: 06/11/2024 Whether an Ex-Director of the company, having resigned is liable to be proceeded against or they are liable to be exempted? HELD: Financial year for 1997-98 commenced from 01.04.1997 and the applicant resigned on 31.03.1997. Therefore, the financial irregularities and the allegations with regard to illegal waiver of the debts was attributable to those Directors, who were acting on behalf of the company and handling day to day affairs. The report of the CA has been misread. Application allowed.
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CW / 12253 / 2019 (M/S GOTAN LIMESTONE KHANIJ UDYOG PVT. LTD. VS STATE OF RAJASTHAN) Date of Order/Judgment: 05/11/2024 Whether conversion of the petitioner’s company from a Partnership firm & transfer of its shares to UTCL validated by Raj. Minor Mineral Concession Rules, 2017 & whether the Mineral rights can be entered in the name of pet. HELD: In transfer of mineral rights by way of sale, etc., a separate transfer deed should be executed. In ostensible transfer prior consent of competent authority is a sine qua non. Mineral rights should be dealt with doctrine of public trust. Petition dismissed
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CW / 7954 / 2024 (SMT. SUMAN LATA KAPUR VS THE STATE OF RAJASTHAN) Date of Order/Judgment: 04/11/2024 Petitioner aggrieved of the termination of her services by the resp. and seeks to quash the termination order and reinstate her in service. HELD: The post-retiral benefits such as Provident Fund, Gratuity, State Insurance etc. are the earnings of the pet. and the same cannot be taken away. Taking away or withholding such benefits, after retirement, amounts to depriving her from the right to life. The services of the pet. shall be treated as resigned instead of termination. Petition disposed
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CW / 17069 / 2024 (KANCHAN KUMAWAT DAUGHTER OF SHRI KRISHAN GOPAL KUMAWAT VS UNION OF INDIA) Date of Order/Judgment: 14/11/2024 Petitioner aggrieved of getting ousted merely on account of non-submission of Class 11 marksheet with Biology as one of the subjects in NEET counselling. HELD: The merit scored by the petitioners should be the exclusive criteria for allotment of seats/colleges. The fundamental rights of the meritorious petitioners ought not to be frustrated due to technical formalities. The petitions fall under the ambit of the rarest of the rare cases, where judicial intervention is warranted. Petitions allowed
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CW / 7617 / 2019 (BRIJESH KUMAR SINGH S/O RAM PRAVESH SINGH VS STATE OF RAJASTHAN) Date of Order/Judgment: 13/11/2024 Petitioner assailing the validity of orders declining the grant of pistol license. HELD: This cannot be a ground to claim licence for 2nd weapon that the 1st weapon is big in size and Pistol is small in size. Right to own a firearm is not a fundamental right. Licence to hold an arm is to be granted where there is a necessity and not in whims and fancies. Petitioner has failed to make out a special case that his life is under serious threat. Petition dismissed.
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CCP / 386 / 2024 (PRABHULAL MEHRA S/O SHRI RAMNARAIN VS MR. RAVINDRA GOSWAMI) Date of Order/Judgment: 12/11/2024 Petitioner files contempt petition and seeks willful disobedience of orders of this Court passed in D.B. Habeas Corpus Petition No.48/2022. HELD: The petitioner failed in the Habeas Corpus petition to even prima facie establish relationship with the corpus. Even at this stage, there is nothing pleaded or contended that any step was ever taken by the petitioner to look after or for the welfare of the corpus during her life time. Petition dismissed.
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CW / 14474 / 2024 (MOHAN LAL SHARMA S/O PRABHU DAYAL SHARMA VS THE STATE OF RAJASTHAN) Date of Order/Judgment: 11/11/2024 Petitioner assailing the condition No.9 of the advertisement for selection and appointment on the post of Teachers in all Govt. English Medium Schools. HELD: This condition is not backed by any Rules framed in exercise of the powers conferred under the proviso to Art. 309. Granting of 10 add. bonus marks to a particular group, if they opt their present place/district of posting, is violative of Art. 14, 15 & 16 & also amounts to impermissible discrimination. Petition allowed.
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CW / 17308 / 2024 (SUO MOTU- IN THE MATTER OF RIGHT TO HEALTH AND WELL BEING OF EVERYONE VS UNION OF INDIA) Date of Order/Judgment: 11/11/2024 Court took suo moto cognizance on 2 news reports reflecting the real picture of gross negligence on the part of various hospital administration. It is the need of hour that the Government should focus to improve its health care system and establish good number of hospital and Public Health Centres with adequate facilities. Report to be summoned from the Secretary, Ministry of Medical Heath, Central & State Government about the steps taken for improving present health care system.
