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(541) 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

(542) 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

(543) 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

(544) 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

(545) 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

(546) 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

(547) 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

(548) 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

(549) 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

(550) 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

(551) 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

(552) 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

(553) THE STATE OF RAJASTHAN Vs. RAJENDRA @ RAJU TILAKDHARI AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 15-07-2025
Criminal Procedure Code, 1973 (CrPC) — Section 378 — Appeal against acquittal — Re-appreciation of evidence — The appellate court can interfere with an acquittal only if the trial court's judgment is perverse, based on misreading or omission of material evidence, or if no other reasonable view is possible except the guilt of the
India Law Library Docid # 2428689

(554) RIDDHI SIDDHI INFRAPROJECT PVT. LTD. Vs. M/S ANIL INDUSTRIES[RAJASTHAN HIGH COURT] 15-07-2025
Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Existence of arbitration clause not disputed — Dispute arises regarding forum for adjudication — Parties are bound by their mutually agreed covenants.
India Law Library Docid # 2428865

(555) M/S RP KATTA AND OTHERS Vs. GANPAT LAL SONI[RAJASTHAN HIGH COURT] 15-07-2025
Civil Procedure Code, 1908 — Order 37 — Summary Suits — Requirement of producing original documents — Court's discretion to grant leave to defend — Unless original documents are produced, the loss of documents must be proved — Summary judgment cannot be passed merely on asking.
India Law Library Docid # 2428866

(556) MURLIDHAR AND OTHERS Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 15-07-2025
Penal Code, 1860 (IPC) — Sections 326/149, 323, 148 — Conviction for causing grievous hurt by a sharp weapon — Prosecution failed to establish that injuries were grievous or caused by a sharp-edged weapon — Absence of X-ray reports, radiologist testimony, or evidence of bony injury rendered conviction under Section 326/149 unsustainable.
India Law Library Docid # 2428867

(557) BIPUL KUMAR ALIAS VIPUL Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT] 15-07-2025
Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 12 — Bail — Release of juvenile on bail is the presumptive rule, detention is an exception — Gravity of offence cannot be the sole ground to deny bail to a juvenile — Release of juvenile is preferred unless there's a substantial belief that such release could lead to association with criminals, exposure to harm, or frustration of justice objectives —
India Law Library Docid # 2428868

(558) M/S VINOD INFRADEVELOPERS LIMITED Vs. THE JODHPUR DEVELOPMENT AUTHORITY AND OTHERS[RAJASTHAN HIGH COURT] 15-07-2025
Constitution of India, Article 226 — Locus Standi — Application for impleadment by neighbour — Held applicant has no locus standi as original petition concerns JDA proceedings and petitioner's grievance is already to be heard before PLPC.
India Law Library Docid # 2428869

(559) PRAKASH MANDA Vs. RAJASTHAN STATE ROAD TRANSPORT CORPORATION RSRTC AND OTHERS[RAJASTHAN HIGH COURT] 14-07-2025
Rajasthan State Road Transport Corporation Workers & Workshop Employees Standing Orders, 1965 — Clause 8(iii) & (iv) — Termination of Probationary Services — Allegation of carrying passengers without tickets — Order of termination held to be punitive and stigmatic — Enquiry required — Failure to hold enquiry renders order unsustainable in law — Order quashed with liberty to pass fresh order after following
India Law Library Docid # 2428744

(560) MOOL CHAND MEENA Vs. SMT. DHANNI DEVI AND OTHERS[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 14-07-2025
Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 & Section 151 CPC — Setting aside ex-parte decree — Delay in filing application — Plaintiff filed suit for specific performance and permanent injunction, ex-parte proceedings initiated and decree granted due to defendants' non-appearance — Defendants filed application to set aside ex-parte decree long after the decree and after appearing in execution proceedings — Trial court erred in allowing the application for setting aside the ex-parte decre
India Law Library Docid # 2428605