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Rajasthan High Court Weekly Round-Up: August 10 – August 16, 2026

Rajasthan High Court weekly round-up (Aug 10-16, 2026): succession bonds, Section 19 Limitation Act, Gurudwara attachment, tenancy and cyber-fraud freezes.

August 21, 2026, 9:48 pm

rajasthan-hc-weekly-round-up aug 16 - aug 22

The Rajasthan High Court delivered a clutch of significant rulings between August 10 and August 16, 2026, spanning succession certificates, limitation, tenancy jurisdiction, religious property, supurdagi and the freezing of bank accounts in cyber fraud investigations. Below is a round-up of the judgments and orders reported by The PinkCity Post during the week.

Judgments of the Week

Security bond for succession certificate cannot be imposed mechanically without recording reasons: Rajasthan High Court

Case Title: Ajay Sarin & Anr. v MRF Limited & Ors.
Case No.: S.B. Civil Writ Petition No. 13097/2026

A District Judge cannot mechanically require a security bond while granting a succession certificate under Section 372 of the Indian Succession Act, 1925. Justice Sudesh Bansal held that the discretion conferred by Section 375 must rest on at least some recorded justification, and set aside a Rs 2.25 crore bond imposed on two brothers who were the only surviving natural heirs of a deceased shareholder. No rival claimant had appeared before the District Judge at any stage, and the condition was held to be unwarranted and onerous.

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Mistaken credit into contractor’s account is no part-payment u/s 19 Limitation Act: Rajasthan High Court

Case Title: M/s Royal Enterprises v Nagar Parishad, Kishangarh
Case No.: D.B. Civil First Appeal No. 1110/2026

An amount mistakenly credited to a contractor’s bank account is not part-payment of a debt and cannot furnish a fresh period of limitation under Section 19 of the Limitation Act, 1963. A division bench of Justice Arun Monga and Justice Ashutosh Kumar held that Section 19 operates only where a debtor consciously pays towards a subsisting liability and acknowledges that payment in a signed writing. Once limitation has begun to run, neither a pending departmental enquiry, nor oral assurances of release, nor information obtained under the RTI Act can arrest or restart it.

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‘Faith cannot be converted into a claim of ownership’: Rajasthan High Court upholds Gurudwara attachment

Case Title: Harmeet Kaur Alias Bibi v State of Rajasthan
Case No.: S.B. Criminal Miscellaneous (Petition) No. 10651/2025

Long association with a religious institution or its management cannot be equated with ownership of the land on which the institution stands. Justice Farjand Ali upheld the attachment of a Gurudwara in Hanumangarh district and the appointment of the Station House Officer as receiver under Sections 164 and 165 of the Bharatiya Nagarik Suraksha Sanhita, 2023, holding that the institution must be kept distinct from the property, and that physical presence, religious association, management or long-standing access cannot be converted into a proprietary right in the absence of a lawful source of title.

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Hotel business on leased premises doesn’t convert tenancy dispute into commercial dispute: Rajasthan High Court

Case Title: M/s Shree Vinayak Hotels and Resorts v. Desert Tulip Hotel and Resorts Pvt. Ltd. & Ors.
Case No.: S.B. Civil Writ Petition No. 18805/2024

A landlord-tenant dispute does not become a commercial dispute under Section 2(1)(c)(vii) of the Commercial Courts Act, 2015 merely because the leased premises are used exclusively for running a hotel. Justice Farjand Ali held that such a lis remains a tenancy dispute triable exclusively by the Rent Tribunal under the Rajasthan Rent Control Act, 2001 – a special and protective statute doubly fortified by the non obstante clauses in Sections 18(1) and 29 – and that this ouster is precisely the bar contemplated by Section 11 of the Act of 2015.

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Lack of invoices no ground to refuse supurdagi of recovered stolen ornaments: Rajasthan High Court

Case Title: Seema Soni v State of Rajasthan
Case No.: S.B. Criminal Miscellaneous (Petition) No. 2059/2026

A theft complainant cannot be denied supurdagi of recovered gold and silver ornaments merely for want of purchase invoices. Justice Anil Kumar Upman noted that the prosecution’s own case was that the recovered articles were the very articles stolen from the petitioner’s house, that the FIR described them, that she had identified them during investigation, and that no other person laid claim to them. In those circumstances the absence of bills, particularly for ornaments claimed to be ancestral, could not justify keeping them in police custody.

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Freezing bank accounts in cyber fraud probes not punitive, prior notice not mandatory: Rajasthan High Court

Case Title: Madna Ram v Reserve Bank of India (lead matter)
Case No.: S.B. Civil Writ Petition No. 9549/2026 & connected petitions

Freezing a bank account in a cyber fraud investigation is not punitive but a provisional step aimed at preserving suspected proceeds of crime, and cannot be called arbitrary merely because no prior notice was given. Justice Sameer Jain, deciding a batch of writ petitions led by Madna Ram v Reserve Bank of India, observed that at the stage such action is initiated there is neither an adjudication of civil rights nor any determination of criminal culpability, and that prior notice may itself defeat the purpose by enabling dissipation of funds.

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First published: August 21, 2026
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