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(321) NATIONAL HIGHWAY AUTHORITY Vs. SMT. NIRMALA AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 18-07-2025
Arbitration and Conciliation Act, 1996 — Section 34 — Setting aside arbitral award — Grounds for interference — Patent illegality and conflict with public policy — Court's power to set aside an award is limited to grounds specified in Section 34, such as patent illegality or conflict with public policy, and does not allow for re-appreciation of evidence.
India Law Library Docid # 2428685

(322) HARISH MADHAN Vs. KSHEMA POWER AND INFRASTRUCTURE CO. PVT. LTD. AND OTHERS[RAJASTHAN HIGH COURT] 17-07-2025
Rajasthan Court Fees & Suit Valuation Act, 1961 — Section 65-B — Refund of Court Fees — Conditions for Refund — Where a dispute is settled between parties through modes of settlement specified in Section 89 of the Code of Civil Procedure, 1908, the plaintiff is entitled to a certificate for refund of court fees paid on the plaint.
India Law Library Docid # 2428733

(323) NARPAT SINGH Vs. BHANWAR SINGH[RAJASTHAN HIGH COURT] 17-07-2025
Civil Court Procedure — Admissibility of Secondary Evidence — Section 60, Bharatiya Sakshya Adhiniyam, 2023 — Plaintiff sought to place a photocopy of a Will on record as secondary evidence after the original was allegedly in the defendant's possession and could not be produced — Trial court rejected the application, citing defendant's denial of possession, ongoing FIR for forgery, and lack of proof of loss or destruction of the original — High Court set aside the trial court's
India Law Library Docid # 2428734

(324) KAILASHI AND OTHERS Vs. AMBA LAL AND OTHERS[RAJASTHAN HIGH COURT] 17-07-2025
Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial Question of Law — A second appeal is not a matter of right but lies only on a substantial question of law. The High Court cannot expand the scope of the appeal beyond what is permitted by statute.
India Law Library Docid # 2428735

(325) JODHPUR VIDHYUT VITRAN NIGAM LTD. Vs. PRAKASH NARAIN[RAJASTHAN HIGH COURT] 17-07-2025
Indian Electricity Act, 1910 — Sections 135 & 138 — Offences related to electricity theft and tampering — Appeal against acquittal — Appellate court's scope of interference — High court should interfere with an acquittal only if there are compelling and substantial reasons, such as the judgment being clearly unreasonable, ignoring evidence, misreading material evidence, or omitting material documents.
India Law Library Docid # 2428736

(326) PURUSHOTTAM Vs. ADARSH CREDIT CO-OPERATIVE SOCIETY LIMITED AND OTHERS[RAJASTHAN HIGH COURT] 17-07-2025
Negotiable Instruments Act — Dishonour of Cheque — Revision — Finding of guilt affirmed. Sentence modified considering petitioner underwent custody for substantial period and paid cheque amount / made substantial payment, and considering financial constraints. Compensation awarded to complainant for protracted litigation endured.
India Law Library Docid # 2428737

(327) GANPAT RAM Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 17-07-2025
Rajasthan Cooperative Societies Act, 2001 — Section 105 — Appeal to Tribunal — Petitioner challenged order of Deputy Registrar declaring him ineligible due to loan default — Deputy Registrar's order was a decision made under Section 60 of the Act — Section 105(10)(b) provides a statutory remedy of appeal to the Cooperative
India Law Library Docid # 2428738

(328) SMT. SAVITA PALIWAL Vs. SHRI MANOJ[RAJASTHAN HIGH COURT] 17-07-2025
Civil Procedure — Evidence — Recording of Statement — Trial Court's refusal to record witness statement despite High Court direction held unjustified when trial court itself was not functional on the scheduled dates due to absence of the Presiding Officer.
India Law Library Docid # 2428739

(329) VIPIN KUMAR Vs. DIRECTORATE OF ENFORCEMENT[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 17-07-2025
Prevention of Money Laundering Act, 2002 — Section 45 — Twin conditions for bail — Constitutional Courts' power to grant bail — Supreme Court decisions binding on High Courts — Constitutional Courts can grant bail under Article 21 even if statutory conditions for bail are not met, particularly when trial is delayed and period of incarceration is substantial — Earlier rejection of bail order based on strict
India Law Library Docid # 2428686

(330) BHANWAR SINGH AND OTHERS Vs. THE STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 17-07-2025
Penal Code, 1860 (IPC) — Sections 304B, 201, 176 — Dowry death — Cruelty or harassment for demand of dowry — Unnatural death — Seven years of marriage — Section 304B requires proof of unnatural death, death within seven years of marriage, and that the deceased was subjected to cruelty or harassment by her husband or his relatives for dowry soon before her death.
India Law Library Docid # 2428687

(331) PUSHP CHAND Vs. SMT. MADHU RATHI[RAJASTHAN HIGH COURT] 16-07-2025
Civil Procedure Code, 1908 — Order 9 Rule 9 — Restoration of suit dismissed for default — Limitation — Restoration application filed over two years after dismissal without condonation of delay — Article 122 of Limitation Act, 1963 prescribes 30 days for such applications — Trial court erred in restoring suit without addressing limitation bar — Application for restoration can only be considered if filed within the prescribed period, or delay is condoned.
India Law Library Docid # 2428740

(332) PRIME CIVIL INFRASTRUCTURE PRIVATE LIMITED Vs. JODHPUR DEVELOPMENT AUTHORITY[RAJASTHAN HIGH COURT] 16-07-2025
Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Court intervention sought due to respondent's failure to form Dispute Review Expert/Board (DRE/DRB) and refusal to nominate an arbitrator — Section 11 application allowed where an arbitration clause exists and a dispute is evident, even if there are differing views on pre-arbitration steps if the party seeking arbitration has
India Law Library Docid # 2428741

(333) SHERU KHAN Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 16-07-2025
Penal Code, 1860 (IPC) — Sections 452, 326, 324 and 302 — Acid attack — Conviction upheld — Eyewitness testimonies of injured witnesses (PW-1, PW-3, PW-16) corroborated by medical evidence (PW-12, PW-13, injury reports) proving acid injuries and lethal nature of injuries sustained by deceased (Mustaq) — Acid attack on infant causing 70% burn injuries sufficient to cause death in ordinary course of nature, falling under Section 300(c) IPC — Recovery of steel canister containing acid from
India Law Library Docid # 2428742

(334) STATE OF RAJASTHAN Vs. SANWAR MAL AND OTHERS[RAJASTHAN HIGH COURT] 16-07-2025
Penal Code, 1860 (IPC) — Sections 498A, 304B, 302 — Appeal against acquittal — Cruelty and harassment — Dowry demand — Extra-judicial confession — Recovery of weapon — Improvements and omissions in complaint and evidence — Accused acquitted by trial court — State appeal dismissed
India Law Library Docid # 2428743

(335) GOPAL AND OTHERS Vs. MOTI LAL[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 16-07-2025
Rajasthan Tenancy Act, 1955 — Section 251 — Jurisdiction — Suits relating to agricultural land — Disputes concerning rights of way situated on agricultural land fall under the exclusive jurisdiction of revenue authorities, not civil courts.
India Law Library Docid # 2428688

(336) SURESH SINGH AND OTHERS Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 16-07-2025
Criminal Procedure Code, 1973 (CrPC) — Sections 145, 146 — Proceedings under — Initiation — Requirement of imminent danger of breach of peace — Such danger must be shown with cogent material, not vague assertion — Criminal proceedings under Sections 145/146 are not warranted if a party has approached civil court for rights determination and property security can be ensured — If apprehension of breach of peace exists, action under Sections 107/116 CrPC may be taken.
India Law Library Docid # 2428862

(337) SMT. SARITA Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 16-07-2025
Criminal Procedure Code, 1973 (CrPC) — Section 397, 398, 401 — Revision Petition — Acquittal — Petition against acquittal by Trial Court — Appeal against acquittal of accused for offences under Sections 307, 325, 323, 147, 148, 149, 341, 447 IPC — Acquittal upheld by High Court — Prosecution failed to prove guilt
India Law Library Docid # 2428863

(338) ABHISHEK MIRDHA Vs. STATE OF RAJASTHAN AND OTHERS[RAJASTHAN HIGH COURT] 16-07-2025
Consumer Protection Act, 1986 — Section 16(1A) — Appointment of Members of District Consumer Disputes Redressal Commission — State Government's Discretion — While the State Government has discretion to act upon recommendations of the Selection Committee, this discretion must be exercised reasonably, not arbitrarily or discriminatorily.
India Law Library Docid # 2428864

(339) UNION OF INDIA Vs. BHAG CHAND[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 15-07-2025
Railway Claims Tribunal Act, 1987 — Section 23 — Appeal against Award — Civil miscellaneous appeal filed by appellant against the judgment and award of the Railway Claims Tribunal. Relief granted by the Tribunal was Rs. 5,60,000/- as compensation with interest.
India Law Library Docid # 2428603

(340) SMT. KAMLI DEVI AND OTHERS Vs. MAHESH KUMAR AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 15-07-2025
Motor Vehicles Act, 1988 — Section 173 — Appeal against award — Deceased's Salary — House Rent Allowance — Deduction of House Rent Allowance when computing compensation for loss of income is illegal and arbitrary — Supreme Court rulings confirm that allowances like House Rent Allowance must be included in salary for compensation calculation — Compensation for loss of income to be calculated based
India Law Library Docid # 2428604