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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CW / 4494 / 2024 (KISHAN LAL SUTHAR VS STATE OF RAJASTHAN) Date of Order/Judgment: 27/03/2024 Petitioner assailing order by which he is transferred from Patwar Mandal Thamla Tehsil Ghasa to Patwar Mandal Boyna Tehsil Mavli against vacant position.Held;case of petitioner is squarely covered in judgment of Dal Chand Jat Vs. State of Raj.;S.B.C.W.PNo.3112/2024.It is totally in consonance with Rule 9 of Raj.Land Revenue(Land Records)Rules,1957 whereby a Collector is authorised to transfer a Patwari to fill up a vacancy.No ground for interference.Petition dismissed.
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CW / 4842 / 2007 (SOJI RAM MEENA VS STATE AND ANR.) Date of Order/Judgment: 20/03/2024 Petition inter alia seeking direction to respondents to give joining petitioner on post of Junior Instructor (Vidhyutkar).Held;In absence of relevant selection record,claim of petitioner that he is more meritorious than last selected candidate in category in which he had applied,cannot be entertained.Last selected candidate in the relevant category has been working on the post in question for all these years and at this stage, equity is heavily loaded in his favour.Petition dismissed
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CW / 15751 / 2023 (GAYAD RAM VS RAJASTHAN PUBLIC SERVICE COMMISSION, AJMER) Date of Order/Judgment: 20/03/2024 Petitioner assailing order rejecting candidature of petitioner for post of Senior Teacher(Social Science) in Ex-serviceman category.Held;candidature of petitioner was rejected way back in year 2021 and no plausible explanation forthcoming on part of petitioner as to why he has approached this Court so belatedly.Unreasonable delay naturally results in crystallization of rights in the other party,thus severely prejudices them by belated interference of Court.Petition dismissed
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CW / 6544 / 2024 (SHARWAN SINGH S/O JETH MAL SINGH VS STATE OF RAJASTHAN) Date of Order/Judgment: 02/05/2024 Petitioners assailing action of respondents blacklisting their vehicles and flagging them as NTBT and imposing penalty upon them for alleged overloading in their vehicles.Held;respondents are directed to grant benefit of directions issued by this Court in case of Zabir Khan v. State of Raj.,to all similarly situated aggrieved persons.When judgement is pronounced affecting rights of public at large,it should be treated as judgement in rem.Petition allowed
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CW / 760 / 2010 (RAJ BAHADUR SINGH CHAUHAN VS COLLECTOR STAMPS AJMER) Date of Order/Judgment: 23/04/2024 Petition filed seeking quashing of ex-parte order passed by Collector (Stamps), Ajmer.Held; a pre-printed performa with the blanks was used and impugned order was passed by filling the blanks with hand and demand created.Well settled law is that quasi-judicial authority has not only to record reason but these are to be communicated to the effected parties.Impugned order is set aside and matter is remanded back to respondent to decide matter as expeditiously as possible. Petition allowed
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CW / 6622 / 2014 (SYAM LAL PANWAR ANANDI DEVI VS THE CHIEF COMMISSIONER OF INCOME TAX) Date of Order/Judgment: 23/04/2024 Petition is filed seeking quashing of orders rejecting application filed U/S10(23C) of Income Tax Act,1961 and rectification application respectively. Held; petitioner could not avail opportunity of hearing due to sickness and death of father of authorized representative of Trust dealing with the matter.Impugned orders are set-aside and matter is remitted back to the official concerned to decide the application of petitioner filed U/S10(23C) of IT Act,1961 in accordance with law.Petition allowed
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CRLAS / 1798 / 2022 (MOHIT KUMAR S/O SHRI KRISHAN KUMAR VS STATE OF RAJASTHAN) Date of Order/Judgment: 02/04/2024 Stay application filed for staying judgment of Sp.Ju.SC/STCases,Ajmer convicting applnt.U/S3/25Arms Act.Held;facts that applnt.has already been acquitted from all charges except charge under Arms Act and judgment is not assailed by state/complainant,hence,acquittal of applnt.for charges except S.3/25 Arms Act has attained finality.During pendency of Cr. appeal,applnt.has been selected on ECG Techn.post and his conviction will come in his way of getting appointment.Hence,stay application allowed
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CRLAS / 869 / 2023 (MOOLCHAND S/O JAGDISH NARAYAN VS BHAIRULAL S/O RAMSAHAY) Date of Order/Judgment: 28/03/2024 Issue is whether complainant can be left remediless,if he/she has filed premature complaint U/S 138 of NI Act,1881.Held; the very object of laying down of law in S.138(C) of NI Act was to curtail practice of filing pre-mature complaints.Appellant cannot be left remediless just because he has filed premature complaint before expiry of statutory period of 15days and should not be made to suffer due to that legal impediment.Petition allowed
