1. Abha Jain v. State of Rajasthan, 25-09-2018
Code of Criminal Procedure, 1973 - Section 482 - Prayer of the petitioner to furnish true and correct transcription of compact disc (CD) has been declined - only the documents relied by the prosecution at the time of framing of charge can be taken into consideration and the material provided by the accused cannot be considered as the accused can produce and prove the same at the time of leading defence evidence. Consequently, prayer of the petitioner that the petitioner should be permitted to provide true transcription of CD is rejected with liberty to the petitioner to prove the same by leading defence evidence. However, it cannot be denied that the CD is part of challan filed by the prosecution and hence, there is merit in the submission made by the learned senior counsel for the petitioner that at the time of consideration of charges CD can be played in the court and contents thereof can be noted by the court at the time of formulation of charges. Therefore, the present petition is disposed of by directing the trial court to play the Compact Disc (CD) in presence of counsel for the parties, at the time of consideration of charges.
2. Anil Singh v. State of Rajasthan, 07-09-2018
Code of Criminal Procedure, 1973 - Section 82 - Proclamation for person absconding - publication of the proclamation at a conspicuous place - not in consonance with the procedure - the same is set aside.
3. Avinash Sharma v. State, 19-09-2018
Legal Maxim - The maxim of fraus et jus nunquam cohabitant (fraud and justice never dwell together) has not lost its temper and it continues to dwell in spirit and body of service law jurisprudence.
4. Devendra Kumar Saraswat v. Rajasthan State Mines & Mineral Ltd., 19-09-2018
Constitution of India - Article 14 - State Mines and Minerals Limited (Recruitment & Promotion of Executives) Rules, 1991 (Rajasthan) - Rule 6 - the upper age limit of the departmental candidates is 45 years and for open market candidates and for employees of the Government/Semi- Government/Public Sector Organizations, it is 35 years - this is the reasonable classification, which has intelligible differentia and nexus with the object sought to be achieved.
5. Jankilal v. State of Rajasthan, 25-09-2018
Code of Criminal Procedure, 1973 - Section 482 - Protection of Children from Sexual Offences Act, 2012 - Age of the Prosecutrix - Trail court declined the prayer of the petitioner to summon prosecutrix, mother, father and Head Master of the School - At the time of recording of testimony of Head Master, counsel for the accused was not present and therefore, accused had not extended any cross-examination regarding the age of the prosecutrix - Since prosecutrix, mother and father of the prosecutrix have not supported the prosecution and were declared hostile, no question was asked regarding age of the prosecutrix - Held, Journey of the court is to arrive at truth. Therefore, it cannot be ruled out that to find correct age of the prosecutrix was also duty of the court. Hence, taking fair play and balance of equities, present petition is allowed.
6. Jilsad @ Dilsad v. Shaukat, 04-09-2018
Motor Accident Claims - In cases where the individuals have entered into a compromise either before the MACT or any Lok Adalat, a different yardstick is required to be adopted in relation to depositing of compensation amount in fixed deposits.
7. Jinesh Lalit Jain v. State of Rajasthan, 19-09-2018
Code of Criminal Procedure, 1973 - Ss. 299 & 482 - Penal Code, 1860 - Ss. 406, 420 & 120B - Quashing of FIR - Once charge-sheet has been filed and case is fixed before the trial court for consideration of charges, it will be judicial impropriety to eclipse the jurisdiction of the trial court at this juncture in a petition filed under Section 482 Cr.P.C.
8. Kailash Chandela v. State of Rajasthan, 11-09-2018
Penal Code, 1860 - Ss. 420, 406, 467, 468, 471, 193 & 120B - Negotiable Instruments, 1881 - S. 138 - Criminal P.C. 1973 - S. 438 - Anticipatory Bail - cheated the complainant to the tune of Rupees one crore and ten lacs - delay of four years in lodging the FIR - it would be just and expedient to order the release of the petitioner on anticipatory bail.
9. Kamlesh Kumar Meena v. State of Rajasthan, 19-09-2018
Writ of Mandamus - Leakage of question paper of the REET-2017 Level-II examination.
10. Kanji Gurjar v. State of Rajasthan, 07-09-2018
Mines and Minerals (Development & Regulation) Act, 1957 - Sections 4 & 21 - Vehicle should not be permitted to remain parked in the police station as same shall gather rust and shall not remain useful.
11. Madhur Mohan Sabu v. State of Rajasthan, 10-09-2018
Code of Criminal Procedure, 1973 - S. 482 - Penal Code, 1860 - Ss. 327, 386 & 309 - Quashing of Proceedings - Son is being prosecuted at the instance of father - court cannot loose sight of the adage that every sinner has a future and every saint has a past - trial court shall afford an opportunity to reform.
12. Madhusudan v. State of Rajasthan, 24-09-2018
Code of Criminal Procedure, 1973 - Section 482 - Hour of the compromise is the finest hour between the parties and the Court while exercising its inherent jurisdiction under Section 482 Cr.P.C. can quash the proceedings, even qua non-compoundable offences.
13. Prakash v. State of Rajasthan, 25-09-2018
Code of Criminal Procedure, 1973 - Sections 311 and 482 - Recalling the Witnesses - Cross Examination of Material Witnesses - Non availability of the counsel - to ensure fair play and balance of equities, one opportunity can be granted.
14. Raghuveer Singh v. Gajraj Singh, 25-09-2018
Code of Criminal Procedure, 1973 - Section 482 - Negotiable Instrument Act, 1881 - Section 138 - Complainant has been appearing on each and every date, but on one pretext or the other, cross-examination was not carried. The accused simply wanted to delay the proceedings - Issuance of notice upon the respondents is dispensed with as issuance of notice will further delay the proceedings and the petitioner will succeed in its game plan to delay the proceedings - taking into account the fair play and balance of equities, the petitioner is granted one opportunity to cross examine complainant-respondent subject to payment of cost of Rs.30,000/-.
15. Rahul Panwar v. Canara Bank, 11-09-2018
Constitution of India - Art. 227 - Civil P.C. 1908 - O. 7 R. 11 - Return of the Plaint - Cause of Action - Bank filed a money suit for recovery of the loan amount and due interest - No view on the argument advanced without factual foundation can be taken by this court to the defendant's benefit and for scuttling the bank's suit at the threshold - The court's supervisory jurisdiction cannot be invoked casually. It obtains to be exercised in case of palpably perversity, capriciousness of the order of the court below resulting in manifest injustice and also when issues of the court's jurisdiction in passing the impugned order are made out.
16. Rajesh Kumar Meena v. State of Rajasthan, 04-09-2018
Code of Criminal Procedure, 1973 - S. 482 - Negotiable Instruments Act, 1881 - S. 138 - Handwriting Expert - Forensic Science Laboratory is heavily over burdened - May examine private Handwriting Expert as defence witness.
17. Rajesh Shrimal v. State of Rajasthan, 25-09-2018
Copyright Act, 1957 - Sections 51 and 63 - Offences under the Copyright Act are non-cognizable and police cannot register the FIR and carry the investigation.
18. Rajveer v. Moti Chand Maloo, 11-09-2018
Rajasthan Non Government Educational Institutions Act, 1989 - S.27A - Execution of the final order of the Tribunal - Where an alternative remedy obtains, contempt proceedings should eschewed.
19. Ravi v. Municipal Board, 11-09-2018
Constitution of India - Art. 227 - Civil P.C. 1908 - O. 14 R. 5 r/w. S. 151 - praying for framing an additional issue - The court's supervisory jurisdiction cannot be invoked casually as is sought to be done in the instant petition. It can be exercised only in cases of palpable perversity, misapplication of legal principle, or capriciousness of the order resulting in manifest injustice.
20. Renu v. State of Rajasthan, 24-09-2018
Marriage - Newly Married Couple - Nobody can be permitted to take law in his own hands merely because marriage is not acceptable - Issued direction to police to ensure necessary vigil that no harm is caused to the life and liberty of the petitioners at the hands of those, who are opposed to the marriage.
21. Rinku @ Parmendra v. Avdesh, 10-09-2018
Code of Criminal Procedure, 1973 - Section 125 - Family Court Act, 1984 - Section 19 - Hindu Marriage Act, 1955 - Sections 24, 28 - Husband has to maintain and must maintain his wife, that being pious obligation to discharge as per Hindu Shastra.
22. Royal Living Homes Pvt. Limited Vs. Aseem Kumar Sharma, 11-09-2018
Legal Services Authority Act, 1987 - S. 22C - Cognizance of cases by Permanent Lok Adalat - No party can by its conduct oust the jurisdiction of the adjudicating authority.
23. Sheeshram v. State of Rajasthan, 19-09-2018
Code of Criminal Procedure, 1973 - Section 173 (8) - The order of further investigation passed by the trial court against the co-accused of the petitioner is not adverse to the petitioner as the same cause no grievance to him.
24. Shiv Nagar A Vikas Samiti v. State of Rajasthan, 11-09-2018
Urban (Sub-Division Reconstitution and Improvement of Plots) Rules, 1975 (Rajasthan) - Rr. 11, 27, 32 - Saleable Area - Treatment of the applications - Consequences of approval or non approval of the plans for sub-division etc. - Power of the Trust to revise its decision - Once the error is brought to the notice of the JDA Authorities, it is incumbent upon them to examine the same and correct its plan.
25. State of Rajasthan v. Mukesh, 07-09-2018
Penal Code, 1860 - S. 302 - Deceased died out of fire arm injury and it was from the licensed gun of the accused. According to the prosecution, it was used by the accused to cause death of his wife, whereas, according to the defence, fire was opened due to sudden quarrel between the accused and P. P has not been produced in defence while two persons said to be present at the time of incident were produced - If incident took place in the manner indicated in defence then accused would have lodged the FIR to the police immediately though according to the accused they had given information to the police but failed to prove it. Taking into consideration the aforesaid, we find a case to grant leave.
26. Sukka @ Yusuf v. State of Rajasthan, 10-09-2018
Code of Criminal Procedure, 1973 - Ss. 319 & 482 - Accused are summoned in a Final Report submitted in negative form - the trial Court at first instance should not have issued warrant of arrest to summon the petitioners, in a case where the Investigating Agency has submitted a Final Report in negative form - the arrest warrants issued against the petitioners are converted as bailable warrants.
27. Sunil v. State of Rajasthan, 07-09-2018
Service Law - Appointment to the post of 'Safai Karamchari' - Whether the procedure for direct recruitment on the basis of Lottery system, is valid and legal? Whether the vacancies year-marked for reserved category after having been filled up, the candidates of reserved category could be considered against Open/General category vacancies? Whether the left over vacancies of the selection process of year 2012, to the extent where appointments could not be made, could be withdrawn and included in the selection process of year 2018? and Whether the manual scavengers were/are not entitled for preference in the selection process?
28. Vibhuti Bhushan Sharma v. State of Rajasthan, 05-09-2018
Public Interest Litigation - Henceforth no public functions sponsored and financed by the State would be held during the road-shows i.e. Gaurav Yatra to be undertaken by the Bhartiya Janta Party in the State of Rajasthan. Meaning thereby, on the day of the Gaurav Yatra no Government functions would be held enroute when the Chief Minister and the functionaries of the Bhartiya Janta Party halts the Gaurav Yatra for some time and re-commences the same after the break.
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