CRLMB / 258 / 2024 (RAMA RAM VS STATE OF RAJASTHAN) Date of Order/Judgment: 01/03/2024 Instant interim bail application filed on behalf of petitioner for releasing him on interim bail for a period of 1month on ground of ailment of his father.Petitioner is being tried for offense punishable U/S8/15&and8/29 of NDPS Act.Held;being son of patient and to enable petitioner to provide proper medical care and support to his severely ill father,petitioner be released on interim bail for 21days,on submitting DD of 2.5Lac.On surrender petitioner will submit docs.of treatment.
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CRLMB / 10994 / 2023 (SHISHPAL @ SANJAY KUMAR VS STATE OF RAJASTHAN) Date of Order/Judgment: 01/03/2024 Petitioner has approached this Court U/S439Cr.P.C. seeking bail arrested in respect of offence punishable U/S8/15 of NDPS Act,1985.Held;petitioner was neither found on spot nor in possession of contraband at the time of recovery and he has been arrested after 3days of recovery on basis of information of co-accused,he has been arraigned as an accused.Restriction U/S37 of NDPS Act does not operate to prejudice of petitioner,granting bail.Application allowed.
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CRLR / 1394 / 2023 (DHARAMPAL SAHARAN VS STATE OF RAJASTHAN) Date of Order/Judgment: 29/02/2024 Revision petition against order of Ld.Add.Sess.Judge,Taranagar,Churu,dismissing application of petitioner U/S193Cr.P.C for taking cognizance against respdts.No.2and3.Held;Police submitted FR against Respd.2&3on basis of confessional statement of main accused.Trial court relied on findings of police and did not consider statements of eye-witnesses,who specifically named respdts.No.2and3.Quashing order,remanding matter back.Petition allowed.
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CW / 182 / 2000 (SMT.RAJ KANWAR VS STATE AND ORS) Date of Order/Judgment: 28/02/2024 Petitioner assailing order of Comm.(Colon.),Bikaner and Board of Revenue,Ajmer,dismissing revision petition.Held;R7of ASGLIGCCA Rule,1975 was deleted on15.7.93 and on date on which allotment of lands favouring petitioners(inAug.andDec.1993),there was no embargo to take note of Rule7.Law does not provide clubbing of lands of husband and wife while considering holding of land under category of landless person.Comm.(Colo.)had committed an error while considering the both.Petition allowed
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CW / 18548 / 2023 (SHIV KUMAR KALLA VS STATE OF RAJASTHAN) Date of Order/Judgment: 26/02/2024 Petitioners assailing orders granting prosecution sanction against petitioners working on post of Sarpanch,Ward Panch and Panch,on registration of FIR against them U/S409,120B IPC,U/S13(1)(c)(d),13(2) of PC Act,1988.Held;while passing prosecution sanction order as necessary facts mentioned in FIR, investigating papers and material placed before the Sanctioning Authority were duly considered,application of mind is reflected while issuing impd. orders.No ground for interference.Petition dismissed.
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ARBAP / 23 / 2021 (VIMLESH BAREGAMA S/O SHRI KHYALI LAL BRREGAMA VS MANGLAM CEMENT LTD. THROUGH ITS PRESIDENT,) Date of Order/Judgment: 28/03/2024 Application U/S11(6) of Arbi.and Conci.Act,1996 for appointment of sole arbitrator for adjudication of dispute,which arose between applicant and non-applicant with reference to appointment letter dt.16.7.12.Held; Present is a case where application seeking appointment of an arbitrator is based on concealment of fact regarding settlement between parties.Case is clearly a non-arbitrable dispute and application is frivolous.Application dismissed
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CW / 2369 / 2007 (GUJARAT STATE ROAD TRANSPORT C VS THE COMMISSIONER, TRANSPORT DE) Date of Order/Judgment: 20/03/2024 Petitioner assailing order dismissing petition filed U/S14 of Raj.Motor Vehicles Taxation Act,1951 challenging demand notice with liberty to challenge fresh demand notices before appropriate forum.Held;impgd.order is bereft of reasons.Petition was rejected by stating that demand created is absolutely in consonance with provisions of law.Ground raised by petitioner were not dealt with.Setting aside impgd.order and remitting matter back to respondent No.2 to decide afresh in accordance with law.Pe
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CREF / 5 / 2020 (DEVNARAYAN SHARMA S/O KANWARI LAL VS RAMPHOOL S/O RODU) Date of Order/Judgment: 11/03/2024 Issue is whether plaintiffs would be required to pay courtfee asperS.6(1)of RCFSV Act,1961only on value of main relief and not on basis of aggregate value of different reliefs.Held;if prayer is for cancella.of sale deed,courtfee is to be paid on value of sale deed whereas,if it is for decl.that sale deed be declared as void qua plaintiff,then court fee is to be calculated on main relief,where prayer is for decl.sale deed executed subsequent to agt.to sale as void,ad valorem courtfee not payable
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CRLMP / 1739 / 2007 (SMT VIJAYRANI AND ORS VS STATE) Date of Order/Judgment: 06/03/2024 Petitioner assailing order of Ad.Ses.JudgeNo.2,Bharatpur and order of ADM,Bharatpur dismissing complaint filed by non-petitioners U/S133CrPC.Held;Ad.Ses.JudgeNo.2,completely ignored essential ingredients,required to pass an order U/S133CrPC and proceeded to adjudicate documents of parties exercising its jurisdiction like Civil Court.Dispute between Petitioner and Non-Petitioner is virtually a private dispute.Thus,complaint filed could not be entertained by DM U/S133CrPC.Petition allowed
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CRLMB / 548 / 2024 (ASHUTOSH GARG S/O SH. KRISHNA GOPAL GARG VS UNION OF INDIA) Date of Order/Judgment: 06/03/2024 Bail application filed by petitioner booked for offences U/S132(1)(b)(c)(f)(j)(l)of CGST,2017.Held;bail application cannot be decided in favour to accused merely because alleged offence is triable by Court of JMFC and punishable with an imprisonment of 5yrs only.Every case has different facts and allegations and while deciding bail applications,Court has to keep the nature of evidence and accusation in mind.Considering the same petitioner cannot be released on bail.Bail application rejected.
