NOMINAL INDEX Gajendra Purbia & Anr. v. Union of India 2022 LiveLaw (Raj) 88 Sawai Singh Sodha & Anr. v. State of Rajasthan 2022 LiveLaw (Raj) 89 Dharmender Kumar Sharma v. Union of India & Ors 2022 LiveLaw (Raj) 90 Shri Labana Gawaria Sikh Samaj Sewa Samiti v. State Of Rajasthan 2022 LiveLaw (Raj) 91 G.k. Construction Company, Through Its Owner Govind Katariya...
NOMINAL INDEX
Gajendra Purbia & Anr. v. Union of India 2022 LiveLaw (Raj) 88
Sawai Singh Sodha & Anr. v. State of Rajasthan 2022 LiveLaw (Raj) 89
Dharmender Kumar Sharma v. Union of India & Ors 2022 LiveLaw (Raj) 90
Shri Labana Gawaria Sikh Samaj Sewa Samiti v. State Of Rajasthan 2022 LiveLaw (Raj) 91
G.k. Construction Company, Through Its Owner Govind Katariya v. Balaji Makan Samagri Stores, Through Its Proprietor Mallaram Patel 2022 LiveLaw (Raj) 92
Bot Lal v. State of Rajasthan 2022 LiveLaw (Raj) 93
Loonkaran v. State of Rajasthan 2022 LiveLaw (Raj) 94
Nisha v. State of Rajasthan 2022 LiveLaw (Raj) 95
Chandrakant Jain v. Veermati Jain 2022 LiveLaw (Raj) 96
Ajit Singh v. State of Rajasthan 2022 LiveLaw (Raj) 97
Judgments/ Orders of the Week
1. Proper Facts & Evidence Must Be Placed Before Court To Invoke PIL Jurisdiction: Rajasthan High Court
Case Title: Gajendra Purbia & Anr. v. Union of India
Citation: 2022 LiveLaw (Raj) 88
The Rajasthan High Court has observed that a citizen approaching the court in a public interest jurisdiction holds greater duty to make full research and present necessary facts before the court to cause further investigation.
In the present matter, serious allegations were made by the petitioners with respect to mis-management of the respondent No. 2, Arth Credit Cooperative Society.
A division bench of Chief Justice Akil Kureshi and Justice Rekha Borana, while disposing of the petition, observed, "A citizen approaching the Court in a public interest jurisdiction holds a greater duty to make full research and present necessary facts before the Court to cause further investigation."
Case Title: Sawai Singh Sodha & Anr. v. State of Rajasthan
Citation: 2022 LiveLaw (Raj) 89
The Rajasthan High Court on Monday refused to entertain a public interest litigation alleging corruption in MGNREGA. The court observed that there is no prima facie material in the petition to sustain the allegations levelled by the petitioners.
A division bench of Acting Chief Justice Manindra Mohan Shrivastava and Justice Madan Gopal Vyas, observed, "After going through the petition, we find that though there are allegations made in the petition, there is no prima facie material along with the petition to sustain the allegations of the petitioners."
3. YouTube Is A Private Entity, Not Amenable To Writ Jurisdiction: Rajasthan High Court
Case Title: Dharmender Kumar Sharma v. Union of India & Ors.
Citation: 2022 LiveLaw (Raj) 90
The Rajasthan High Court on Monday dismissed as non-maintainable, a writ petition seeking various reliefs qua online video sharing platform, YouTube.
Justice Mahendar Kumar Goyal refused to accept the submission of the petitioner that Youtube discharges the functions of a 'State', considering the public nature of the functions it performs.
"There is not a whisper of averment in the entire writ petition as to true nature of functions being discharged by the respondent No.2 (YouTube) or the same being of public importance. In absence of any factual foundation to substantiate the submission that the respondent No.1 has deep and pervasive control over the affairs of the respondent No.2 or it discharges the public functions which are akin to the Government functions, this Court is not persuaded to accept the submission made by learned counsel for the petitioner."
Case Title: Shri Labana Gawaria Sikh Samaj Sewa Samiti v. State Of Rajasthan
Citation: 2022 LiveLaw (Raj) 91
The Rajasthan High Court has directed Reliance Jio to shift its 4G mobile tower from the existing place to 15-20 feets away from the gate of a Gurudwara within a period of two months. The plea was filed by Shri Labana Gawaria Sikh Samaj Sewa Samiti, Jodhpur through Its Secretary - Kripal Singh Sodhi.
Justice Vinit Kumar Mathur, ordered, "In such circumstances, the writ petition is disposed of with a direction to the respondent No. 5 to shift the tower from the existing place to 15-20 feets away from the gate of Gurudwara within a period of two months. It is made clear that except the erection of the tower, no other attachment including generator can be placed near the tower."
Case Title: G.k. Construction Company, Through Its Owner Govind Katariya v. Balaji Makan Samagri Stores, Through Its Proprietor Mallaram Patel
Citation: 2022 LiveLaw (Ra) 92
The Rajasthan High Court observed that if modal auxiliary verbs or imperative words such as 'may', 'should' etc. are followed by the provision/expression prescribing lower bar/limit such as 'minimum', 'not below', etc. then, these words ('may', 'should', etc.) are required to be read as 'shall'.
The court dealt with the question whether the usage of word 'may' in section 148 of Negotiable Instruments Act provides a discretion to the Court to impose or not to impose the condition of depositing minimum 20% of the fine amount.
Section 148 provides that in an appeal by the drawer against conviction under section 138, the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty per cent of the fine or compensation awarded by the trial Court.
Case Title: Bot Lal v. State of Rajasthan
Citation: 2022 LiveLaw (Raj) 93
The Rajasthan High Court has observed that unless the orders of eviction are set aside or stayed in any proceedings, eviction must follow.
Essentially, the present public interest litigation was filed seeking issuance of directions to the authorities to remove encroachments from the disputed land, which, according to the petitioner, was a playground of the school.
A division bench of Justice Madan Gopal Vyas and Justice Manindra Mohan Srivastava, while partly allowing the plea. ruled, "Therefore, subject to any remedy that the aforesaid respondents may have taken against the orders of eviction including order passed in appeal, the State authorities are duty bound to remove them from the land in question as they all suffer orders of eviction passed by an authority constituted under the law. Unless the orders of eviction are set aside or stayed in any proceedings, eviction must follow"
Case Title: Loonkaran v. State of Rajasthan
Citation: 2022 LiveLaw (Raj) 94
The division bench of Rajasthan High Court ordered that buses shall be seized of those bus operators who are found picking and dropping passengers in violation of relevant rules and regulations framed under the Motor Vehicles Act as also under the local laws.
Essentially, the public interest litigation has been filed praying that instead of making operational bus-stand at the place donated by the petitioner, as per decision already taken, buses are operating from the main road seriously affecting the movement of the vehicles and also giving rise to apprehension of the accidents.
Acting Chief Justice Manindra Mohan Shrivastava and Justice Madan Gopal Vyas, ruled, "Those bus-operators, who are found picking and dropping passengers in violation of relevant rules and regulations framed under the Motor Vehicles Act as also under the local laws, shall be proceeded against them and the buses shall be seized. This petition stands disposed off accordingly."
Case Title: Nisha v. State of Rajasthan
Citation: 2022 LiveLaw (Raj) 95
The Rajasthan High Court, while observing that ShootingBall Federation of India's circuitous affiliation with the Indian Olympic Association through Rajasthan State Olympic Association cannot be recognized, upheld the rejection of petitioner's candidature under Outstanding Sports Person category for appointment for the post of Compounder.
Justice Arun Bhansali, while dismissing the petition, opined that there is no substance in the writ petition and thereby, ruled, "Admittedly, ShootingBall Federation of India is not affiliated to Indian Olympic Association and therefore, it can not be said that the respondents committed any fault in rejecting the candidature of the petitioner as a Outstanding Sports Person. The plea raised, that as the Association is affiliated with the Rajasthan State Olympic Association, which in turn is affiliated to the Indian Olympic Association and therefore, the condition is fulfilled, has been noticed for rejection only, as the stipulation requires direct affiliation and not via/through some other Olympic Association."
Case Title: Chandrakant Jain v. Veermati Jain
Citation: 2022 LiveLaw (Raj) 96
The Rajasthan High Court observed that the husband, who admittedly earns Rs.40,000/- per month, cannot be absolved of his obligation to pay interim maintenance, merely because the wife has chosen to file the application after 36 years of marriage.
Essentially, the present petition has been filed by the petitioner under section 482 of the Code of Criminal Procedure, 1973 challenging the order passed by Gram Nyayalay, Aspur, District Dungarpur ("Trial Court"), whereby the Trial Court had partly allowed the application for interim maintenance filed by the respondent-wife. The Trial Court had directed the petitioner-husband to pay a sum of Rs.5,000/- per month as interim maintenance.
As per the petitioner, the couple got married on 17.02.1976 and have been living separately since 1986.
Justice Dinesh Mehta, while dismissing the petition, opined, "In the opinion of this Court, an order under section 125 of Cr.P.C. is in the nature of interim maintenance and husband, who admittedly earns Rs.40,000/- per month cannot be absolved of his obligation to pay interim maintenance, merely because the respondent – wife has chosen to file the application after 36 years of marriage."
Case Title: Ajit Singh v. State of Rajasthan
Citation: 2022 LiveLaw (Raj) 97
The Rajasthan High Court has quashed the recommendation of the respondent-state, which rejected a rape convict's application for being sent to Open Air Camp.
The Superintendent of Jail had not recommended the case of the petitioner for being sent to the Open Air Camp as he was of young age and that other convicts are residing in the Camp with their wives and daughters. The Committee also recommended that the convict is not liable to be sent to the Open Air Camp as he is convicted under Section 376 of IPC for which life imprisonment has been awarded to him.
A division bench of Justice Rekha Borana and Justice Sandeep Mehta, opined, "We are of the firm opinion that this observation made by the Committee in the adverse recommendations is absolutely extraneous and unwarranted. Merely because the convict is of young age and other ladies/ girls are living in the Camp, that by itself would not imply that the accused would misbehave with them."
Other Important Updates
Case Title: Miss Ikshita Jain v. Cambridge Court High School
The Rajasthan High Court, Jaipur observed that it was expected from the parents to pay necessary fees or at least some installments, if their children are enrolled in private schools which have settled fee structure after Apex Court's decision.
In this matter, petitioners are students of respondent No.1-Cambridge Court High School, which have allegedly deprived the petitioners to write their examination starting from 03.03.2022. Their parents gave several representations to the Authorities and requested to fix the fees as per the directions of the Apex Court, but did not receive any response. It was informed that the District Education Officer also sought explanation from the respondent school, however, no such intimation has been given by them.
Justice Ashok Kumar Gaur, ruled, "The children or their parents, if they have enrolled in private schools and the fees structure after decision of the Apex Court, is settled by the School, it was expected from the parents that the necessary fee or at least some installments, should have been paid by them."
Case Title: Bhagirath Rathore & Anr. v. Union of India & Ors.
The Rajasthan High Court has, for the time being, refused to pass any order in a writ petition filed by two residents of Rajasthan's Baran district, seeking evacuation of their children stranded in Ukraine, amid Russian invasion. The court observed that a similar issue is pending before the Apex Court.
The plea averred that the petitioners had contacted the National Human Rights Commission to draw their attention to the "heart shaking" problems with their children, but the NHRC instead of providing immediate relief gave 8 weeks' time to the authorities.
However, Justice Ashok Kumar Gaur refused to pass any orders at this stage.
"This Court, in view of pendency of similar issue before the Apex Court, does not intend to pass any order, at this stage."