Constitution of India, Article 226 -- Parole – Criminal writ petition -- On earlier parole, petitioner surrendered back on time and was not involved in any criminal activity – Present parole rejected -- It is disturbing that once a particular set of reasons have been specifically rejected by Court, the SSP has mentioned same reasons again -- 6 weeks' parole granted to the petitioner -- Respondent No.4 to file personal affidavit as to why identically same reasons were stated when first set of reasons had been rejected by High Court.

(Para 2-5)

Constitution of India, Articles 226, 227 – Allotment of liquor vend license in residential area – Challenge to -- Petitioner stated to have made various representations -- Respondent No.3 is directed to decide the representation of the petitioner by passing a speaking order within a period of two weeks.

(Para 6)

Constitution of India, Article 226 -- Daily wages period – Counting for pensionary/retiral benefits – Writ for mandamus -- Writ seeking mandamus directing the respondents to count daily wages/work charge services for the purpose of pensionary benefit/retiral benefits to the petitioners, which rendered prior to regularization, along with interest @ 24% per annum – Petition disposed of with a direction to respondent No.1 to decide the legal notice of the petitioners and take a conscious decision thereon by passing a speaking order; within a period of 3 months -- If the petitioners are found entitled to any pecuniary benefits; then the said pecuniary benefits shall also be released to the petitioners within a further period of 3 months.

(Para 1-6)

Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Constitution of India, Article 227 -- Compensation in motor vehicle accident case -- 50% amount in fixed deposits – Revision against -- All the claimants are major by age; having lived a considerable number of years of social life -- While lying in F.D., the money may not generate the same additional value as it can create through a business enterprise or other means of income, which can be created through this money -- Petition allowed, order passed by the Court below; to the extent it has retained the 50% of the amount in the fixed deposits set aside -- Hence, entire amount ordered to be released to the petitioners, in accordance with law.

(Para 2-4)

Constitution of India, Article 226, 227 -- Transfer of employee – Challenge in writ – Said order was stayed on 23.08.2017 and the petitioner continues to stay at the same place and almost a period of 4 years has expired since then -- Transfer is a incidence in service and the guidelines issued by the State are not enforceable for the purpose of assailing it and the employee cannot claim to remain at a particular place or post of his choice -- Interim order stands vacated -- It is open to the official respondents to take action in accordance with law.

(Para 2-6)

A. Constitution of India, Article 21, 226 -- Run-away marriage – Police protection – Aadhar Card as proof of age – Admissibility of -- Though the petitioners are shown to be 26 years and 25 years of age respectively, however, there is no firm proof of age of either of the petitioners other than their Aadhar Cards, which is actually no proof as no documentary proof is asked for at the time of applying for the Aadhar card or the issuance thereof -- However, since protection of life and liberty is a fundamental right of every citizen under Article 21 of the Constitution of India, petition disposed of with a direction to respondents no.2 and 3, to ensure that the lives and liberty of the petitioners are not put to any harm or threat.

(Para 4, 5)

B. Constitution of India, Article 21, 226 -- Prohibition of Child Marriage Act, 2006 (6 of 2007), Section 3, 15 -- Run-away marriage – Police protection given – Marriage with minor – Voidable -- If upon actual verification, the age of the petitioners, especially petitioner no.1/girl, is found to be below marriageable age in terms of the Prohibition of Child Marriage Act, 2006, the order will not bar proceedings under the provisions of that Act -- In terms of Section 3 of the said Act, a marriage performed by a child (as defined under that Act), may not be void but only voidable upon the said minor attaining maturity -- However, that still does not bar proceedings under that Act for entering into a marriage before the legally marriageable age as per the Act.

(Para 6, 7)

Constitution of India, Article 226 -- Re-employment/ Extension of employment after superannuation – Right of – Jurisdiction of -- Claim of the petitioner for grant of re-employment or extension beyond the age of superannuation provided under the statutes governing the university employees is the sole discretion of the University and it is the employer only, who has to decide on the said issue keeping in view the various aspects and the Court has no jurisdiction to direct the University to grant extension merely on the asking of an employee and that too without any plausible ground for the same. Petition dismissed

(Para 16-18)

Constitution of India, Article 226 -- Live-in relationship – Police protection – Right of -- Petitioners aged about 21 and 19 years -- Petitioners being major are entitled to live together in live-in-relationship and are also entitled to protection of their life and liberty against any harm from respondents No.4 and 5 -- Direction given to Senior Superintendent of Police to look into the grievances of the petitioners and take appropriate action for protection of their life and liberty as may be warranted by the circumstances.

(Para 3, 11, 12)

Indian Stamp Act, 1899 (2 of 1899), Section 47-A – Constitution of India, Article 226 -- Stamp Duty and penalty imposed – Challenged in writ -- Delay and laches -- Opportunity of hearing – Joint sale deed -- One of the co-sharers has duly been served and has represented the matter before the concerned authority -- Even qua the present petitioner, as per the record, the notice was sent to him and it has been received by an adult member of the family -- Mere alleged non-receipt of a notice by the petitioner, cannot be any ground to set aside the order – Otherwise also, the petitioner not substantiated as to how the deficiency in the stamp duty paid by the petitioner has been wrongly assessed -- Order was passed in the year 2016, petition has been filed only in the year 2021 -- Petition suffers from delay and laches, as well -- No ground for interference, the present petition is dismissed.

(Para 2)

Constitution of India, Article 226 – Service matter – Contractual employees -- Petitioner subjected to hostile discrimination as similarly situated Lab Technicians were taken back in service in the years 2019 and 2020, though on contract, relieved from contractual service in the year 2015 – It is specifically stated in writ petition that similarly situated employees, when they approached the Court vide CWP No.6325 of 2019 and CWP No.18772 of 2020 were taken back on contract -- Petition disposed of with a direction to the competent authority to look into the grievance of the petitioner and take a decision on representation, in accordance with law.

(Para 1-8)

Constitution of India, Article 226 – Service matter -- Transfer policy -- Challenge to -- Transfer being matter of administrative exigency, High Court generally refrains to interfere and treads cautiously, unless it is a case of extreme hardship -- In discharge of its administrative functions/duties, the department has introduced a online transfer policy across board for every serving Forest Guard/Foresters, the same cannot be said to be arbitrary or discriminatory -- Being a matter of policy, in itself is sufficient ground alone for High court to refrain from interfering in the domain of policy making by state -- No grounds to interfere – Petition dismissed.

(Para 1-4)

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (54 of 2002), Section 13(2)(4), 14 -- Constitution of India, Article 226 -- SARFAESI proceedings – Writ jurisdiction -- Vide impugned order, the District Magistrate appointed a receiver to take possession of the secured assets of the petitioner-firm -- Petitioner-firm has failed to point out any illegality in the procedure adopted by the respondent-Bank and also the petitioner-firm not approached the Debt Recovery Tribunal for efficacious remedy -- When appropriate forum is provided under the SARFAESI Act, 2002, High Court stands injuncted from interfering with any matter arising out of the proceedings under the SARFAESI Act -- Finding no merit, present petition ordered to be dismissed.

(Para 2-10)

Legal Services Authorities Act, 1987 (39 of 1987), Section 22C – Constitution of India, Article 226 -- Repudiation of insurance claim – Award by PLA -- Small amount involved – Writ jurisdiction -- Scooter was stolen FIR in this respect was duly registered -- Police authorities not being able to trace the vehicle, submitted an untraced report – Permanent Lok Adalat directed the payment of Rs.43,655/-along with interest on account of theft of a scooter along with Rs.5000/- each for mental agony, harassment and litigation charges -- Keeping in view the petty amount involved, Court did not find it a fit case for interference in exercise of writ jurisdiction.

(Para 3-6)

Haryana Co-operative Societies Act, 1984 (22 of 1984), Section 115 – Constitution of India, Article 226 – Non-disposal of revision/stay – Writ petition against --  Revision petition pending has neither been listed nor any orders on stay application passed -- It would be suffice to direct the respondent No. 1 to dispose off the revision petition including stay application, preferably, within a period of two months -- In the meanwhile, no order adverse to the interest of the petitioner shall be passed by the respondents.

(Para 2-4)

Constitution of India, Article 226, 309, 310 – Contractual appointment through service provider – Removal from service by replacing other contractual employees – Challenge to -- Appellant failed to produce his appointment letter, if any, issued by Haryana Government or any of its department, he unable to establish that he was under the direct employment of respondents -- Appellant was engaged by Deputy Excise and Taxation Commissioner through service provider -- However, the said private outsourcing agency was not impleaded as a party to the writ petition by the appellant – Learned Single Judge rightly observed that there was no relationship of master-servant between the respondents and the petitioner (appellant herein) -- Consequently, the appeal dismissed being devoid of merits.

(Para 11-13)

Constitution of India, Article 226 -- Haryana Municipal Act, 1973 (24 of 1973), Section 181 -- Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (24 of 1972), Section 4 -- Illegal encroachment on road – Non-removal of -- Writ of mandamus – Maintainability of -- Remedy of writ petition is not panacea to each and every inaction on the part of the State officials -- Jurisdiction under Article 226 of the Constitution of India is not meant to short-circuit or circumvent the alternative statutory remedies -- Writ petition is an extraordinary remedy which can be invoked only after having attempted to get the desired relief by exploring all other options -- When the dispute relates to enforcement of a right or obligation and a specific remedy is provided under law, the High Court should not deviate from the general view and decline to interfere under Article 226 of the Constitution of India except in compelling circumstances -- Ordinarily, writ jurisdiction cannot be invoked in the first instance -- Petitioners are relegated to the alternative remedy.

(Para 2-9)

Punjab Good Conduct Prisoners’ (Temporary Release) Act, 1962 (11 of 1962), Section 3, 4 – Constitution of India, Article 226 -- Parole – Rejection of – Speaking order – Requirement of -- Impugned order rejecting parole merely states that in case prisoner is released on parole, he might help smugglers and there is threat to peace and security of the State – Held said order is non-speaking in nature – Order set aside and case remitted to the same authority for decision afresh after affording opportunity of hearing to the parties -- Petitioner shall be at liberty to cite judgments he seeks to place reliance upon.

(Para 3)

Constitution of India, Article 226 -- Tender matter – EPF Certificate – Requirement of -- Submission that as per clause 34 of the terms and conditions of the tender notice, the petitioner-society having less than 50 employees is not required to file any EPF certificate and an affidavit to this effect has already been submitted -- Respondent-State submits that orders on the issues raised by the petitioner society shall be passed expeditiously in accordance with law – In view the statement/undertaking the petition stands disposed of -- However, the aforesaid exercise may be undertaken by the Municipal Council, Zirakpur, preferably before finalizing the tender proceedings.

(Para 1-5)

Constitution of India, Article 226 -- Service matter -- Retiral benefits – Gratuity and Revised pay scale -- Non-release of -- Legal notice for -- Writ of mandamus -- Directions issued to respondents to duly consider the “Legal Notice and Advance Notice for Writ Petition” as representation of the petitioner and decide the same in accordance with law by passing a speaking order, preferably, within a period of one month.

(Para 2-4)

Constitution of India, Article 226, 309, 310 -- Service matter – Transfer of employee – Non-follow of guidelines -- Interference in -- Transfer is an incidence of services and the Court should be slow to interfere in the matters of transfer unless mala-fide or something serious is raised by the employee -- Guidelines for transfers and postings issued by the State Government are general in nature and would not come in the way of transfers made in the public interest or on the basis of administrative exigencies.

(Para 9-11)

Constitution of India, Article 226 – Release of payment for carrying out various works for government agencies/departments -- Writ petition – Amount as claimed is admittedly due -- Writ petition disposed of with a direction to the competent authority to decide legal notice in accordance with law by passing a speaking order within a period of two months and in case any payment is found due towards the petitioner, the same be released to him within six weeks thereafter.

(Para 2-5)

Constitution of India, Article 226 -- Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (28 of 1988), Section 3, 4 -- Life imprisonment till death – Parole – Right of -- Temporary parole wrongly rejected only on the ground that petitioner is undergoing life imprisonment till natural death and is thus not eligible for temporary release on parole -- Writ petition allowed, petitioner's application for parole is remitted to the Commissioner to consider afresh in accordance with law.

(Para 10, 11)

Constitution of India, Article 226 -- Transfer Policy/ Guidelines – Violation of -- Writ jurisdiction -- It is settled proposition that generally High Court does not readily interfere in the transfers/posting matters -- However, the case of the petitioner is that the guidelines and transfer policy have been violated, as such, direction be given to respondents to decide his representation, which he has preferred to respondent No.3 -- Writ petition disposed off with direction to respondents to decide the same within a period of two months.

(Para 2-7)

Constitution of India, Article 226 -- Live-in relationship – Police Protection – Right of -- Petitioner No.1 (male partner) is though married but his wife has deserted him to live with another partner -- Out of his wedlock, he has two children i.e. son aged 19 years old and daughter aged 16 years old, who are in his custody -- While on the other hand, petitioner No.2 is stated to be a widow and out of her wedlock she too is blessed with two children i.e. two sons aged 12 years and 7 years, respectively – Petitioners submits that the live-in-relationship is merely for the sake of better upbringing of the four children – Both the petitioners have decided to live under the same roof for providing them better co-parenting – Senior Superintendent of Police shall look into the threat perception of petitioner No.2 and in case, so warranted, provide her with mobile number of a lady police official to whom she can approach, in case of any untoward incident at odd hours, in case, she feels any threat to her life.

(Para 2-8)

A. Constitution of India, Article 226 -- Live-in relationship with minor girl – Police protection – Petition for -- Petitioner No.2 being only 14 years and 8 months old is a minor -- Petitioner No.1 is representing her, claiming himself to be the next friend of minor -- Petitioner No.1 is already an accused in case FIR and is accused of kidnapping the minor daughter of respondent No.5, therefore, his stand to claim himself as lawful representative of minor girl is not worth acceptance -- Writ petition dismissed --  SP, directed to depute a responsible police officer to ensure that the custody of the minor girl is restored to her parents.

(Para 13-17)

B. Constitution of India, Article 226 -- Child marriage – Void-abinitio -- Hon'ble Supreme Court in Independent Thought's case, has given a suggestion to the Government of India and the State Governments to follow the decision of the State of Karnataka, which had declared child marriage as void ab initio through an amendment – This suggestion of the Hon'ble Supreme Court was given in the year 2017, but the same is yet to attract the attention of the States of Punjab, Haryana and Union Territory Administration, Chandigarh, therefore, court feels it necessary to remind the States to consider this important issue to eradicate menace of child marriage.

(Para 18,19)

Constitution of India, Article 226 -- Live-in relationship – Police Protection – Right of -- Both the petitioners have attained the age of majority -- Petitioner No.1 is married with respondent No.4 and the marriage is still subsisting -- Petitioner No.2 is unmarried -- Petitioners are stated to be in live-in relationship and they are apprehending threat and danger to their life and liberty at the instance of respondents No.4 to 7 – Petition disposed of with a direction to respondent Senior Superintendent of Police to look into the grievance of the petitioners as projected in the representation.

(Para 4-8)

Constitution of India, Article 21, 226 -- Live-in relationship – Minor girl -- Police protection – Right of -- Concept of a live-in relationship may not be acceptable to all, but it cannot be said that such a relationship is an illegal one or that living together without the sanctity of marriage constitutes an offence – Petitioners have taken a decision to reside together without the sanctity of marriage and it is not for the courts to judge them on their decision – Petition disposed of with directions to Senior Superintendent of Police to decide the representation of the petitioners within a period of one week and grant them protection, if any threat to their life and liberty is perceived.

(Para 6-11)

Constitution of India, Article 21, 226 -- Live-in-relationship without divorce – Police protection – Right of – Matter referred to larger Bench -- Hon'ble Chief Justice requested to constitute a Larger Bench to decide the following questions:- 1. Where two persons living together seek protection of their life and liberty by filing an appropriate petition, whether the Court is required to grant them protection, per se, without examining their marital status and the other circumstances of that case? 2. If the answer to the above is in the negative, what are the circumstances in which the Court can deny them protection?

(Para 2, 3)

Constitution of India, Article 21, 226 -- Protection of Women from Domestic Violence Act, 2005 (43 of 2005), Section 2(a)(f)(q) -- Live-in relationship – Life and liberty – Protection of -- Petitioners have not approached court either seeking permission to marry or for approval of their relationship – Concept of a live in relationship may not be acceptable to all, but it cannot be said that such a relationship is an illegal one or that living together without the sanctity of marriage constitutes an offence – Even under D V Act, 2005, a woman who is in a ‘domestic relationship’ has been provided protection, maintenance etc. -- Thus, the female live-in-partners and the children of live-in-couples have been accorded adequate protection by the Parliament -- Petition disposed of with directions to grant them protection, if any threat to their life and liberty is perceived.

(Para 6-11)

Constitution of India, Article 21, 226 -- Police protection petition -- Validity of marriage -- Scope of -- Present petition is only regarding the protection of life and liberty of the petitioners and, therefore, the validity of the marriage cannot be a ground for denial of such protection.

(Para 6)

A. Constitution of India, Article 226 -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – Interim orders/directions/ protection – Extension of -- All the interim orders/directions issued or protection granted including any order requiring any compliance by the parties to such proceedings, passed by High Court or any other Court subordinate to it or any Family Court or Labour Court or any Tribunal or any other Judicial or Quasi-Judicial forum, over which High Court has power of superintendence, which are subsisting today shall stand extended till 30th June, 2021 -- If undue hardship and prejudice of any extreme nature, to any of the parties to such proceeding(s), such parties would be at liberty to seek appropriate relief by moving appropriate application(s) before the Competent Court(s), Tribunal, Judicial or Quasi-Judicial Forum.

(Para 2 (i), (xii))

B. Constitution of India, Article 226 -- Civil Suit – Extension of time for filing written statement -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – Time for filing of written-statement or return in any Suit or proceeding pending before any Civil Court or any other forum, unless specifically directed, shall stand extended till 30th of June, 2021 -- It is however will not preclude the parties from filing such written-statement or return before 30th June, 2021.

(Para 2 (iii))

C. Constitution of India, Article 226 -- Execution of eviction, dispossession, demolition etc. -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – Orders of eviction, dispossession, demolition, etc. passed by High Court or any Court subordinate to it or any Tribunal or Judicial or Quasi-Judicial forum, which have so far remained unexecuted, shall remain in abeyance till 30th of June 2021.

(Para 2 (iv))

D. Constitution of India, Article 226 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Anticipatory bail – Interim protection -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – Interim protection given in the anticipatory bail applications by the High Court or Court of Sessions for a limited period, which is likely to expire from now up to 30^th June, 2021, shall stand extended till 30th of June, 2021 -- However, any party aggrieved by the conduct of the accused on such interim protection, may move the Court over the matter for discontinuation of such interim protection, if any prejudice is caused to him/her, in which event, the Court concerned shall be entitled to take independent view of the matter.

(Para 2 (v))

E. Constitution of India, Article 226 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Interim bail -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – All the interim bails granted under Section 439, Cr.P.C. by the High Court or Courts of Sessions, limited by timeframe specifying an expiry date from now up to 30th June, 2021, shall stand extended till 30th June, 2021, subject to the accused not abusing such liberty or else it may be cancelled at the instance of the State or the complainant, on application with adequate proof of the abuse of the liberty so granted by the Court concerned.

(Para 2 (vi))

F. Constitution of India, Article 226 -- Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (28 of 1988), Section 3,6 -- Punjab Good Conduct Prisoners’ (Temporary Release) Act, 1962 (11 of 1962), Section 3 – Parole – Extension of -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – Parole granted to a person by order passed by a Court exercising the criminal jurisdiction and limited by time-frame specifying an expiry date from now up to 30th June, 2021, shall stand extended till 30th of June, 2021, subject to the accused not abusing such liberty or else it may be cancelled at the instance of the State or the complainant, on application with adequate proof of the abuse of the liberty so granted by the Court concerned.

(Para 2 (vi), (vii))

G. Constitution of India, Article 226 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 41A -- Cognizable offence – Arrest in -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – Unless there is necessity of arrest for maintenance of law and order or any other emergent case, in a cognizable offence prescribing sentence up to seven years imprisonment, the police shall desist from arresting the accused up to 30th of June, 2021, without complying with the provision of Section 41A, Cr.P.C. -- This however may not be understood as an interdict on the power of the police to arrest, but should only be considered a mere advisory in the face of the ongoing crisis following second wave of Coronavirus.

(Para 2(viii))

H. Constitution of India, Article 226 – Eviction/ Demolition by government/ Corporation/ Council/ Board/ Panchayat etc. – Stay of -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – State Governments, Union Territory, Chandigarh, or any of its Departments or any Municipal Corporation / Council / Board or any Gram Panchayat or any other local body or any other agency and instrumentality of the State shall not take any action for eviction and demolition in respect of any property, over which any citizen or person or party or any Body Corporate, has physical or symbolic possession as on today till 30th June, 2021.

(Para 2(ix))

I. Constitution of India, Article 226 – Auction sale by Bank/ Financial Institution -- Stay of -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – Any Bank or Financial Institution shall not take action for auction in respect of any property of any citizen or person or party or any Body corporate till 30th June, 2021.

(Para 2(x))

J. Constitution of India, Article 226 – Covid 19 pandemic situation -- Directions issued to Government bodies in suo motu PIL – If the Government of Punjab, Haryana, Union Territory, Chandigarh, and/or any of its Departments and/or functionaries, Central Government and/or its departments or functionaries or any Public Sector Undertakings or any Public or Private Companies or any Firm or any individual or person is/are, by the order of this Court or any Court subordinate to it or the Tribunals, required to do a particular thing or carry out certain direction in a particular manner, in a time frame, which is going to expire at any time from now up to 30th June, 2021, the time for compliance of such order shall stand extended up to 30th June, 2021, unless specifically directed otherwise by the Court concerned.

(Para 2(xi))

Code of Civil Procedure, 1908 (V of 1908), Order 39 Rule 1 & 2 – Constitution of India, Article 227 -- Temporary injunction – Local Commissioner report showing the property measured 48'x74' and not 20'x80' and there was a dispute as such as to which portion of land the petitioner is in possession -- It would be a matter of evidence as to whether the petitioner is in possession of property measuring 20'x80' -- In absence of any material record having been produced before the Courts below the injunction has been declined -- No case as such is made out for interference, revision petition dismissed.

(Para 6-9)

Constitution of India, Article 226, 309, 310 -- Appointment of Naib Tehsildar – Improvement in qualification marks before interview – Whether the same shall relate back to the date of acquiring the said qualification or not – Held, petitioner possessed the eligibility condition of Matric and Graduation as on the cut-off date -- Petitioner improved his score of 10th and 12th Examination before the date of interview and that the result was supplied at the time of interview – Commission is directed to reconsider the case of the petitioner after taking into consideration the improved marks in Class 10 and Class 12 -- If the petitioner scores higher marks than the last selected candidate, he would be entitled to grant of appointment.

(Para 9-14)

Constitution of India, Article 217, 224 -- Memorandum of Procedure – Appointment of High Court judges -- In order to facilitate timely appointment, it would be advisable to follow the following timelines: i. The Intelligence Bureau (IB) should submit its report/inputs within 4 to 6 weeks from the date of recommendation of the High Court Collegium, to the Central Government -- ii. It would be desirable that the Central Government forward the file(s)/recommendations to the Supreme Court within 8 to 12 weeks from the date of receipt of views from the State Government and the report/input from the IB -- iii. It would be for the Government to thereafter proceed to make the appointment immediately on the aforesaid consideration and undoubtedly if Government has any reservations on suitability or in public interest, within the same period of time it may be sent back to the Supreme Court Collegium with the specific reasons for reservation recorded -- If the Supreme Court Collegium after consideration of the aforesaid inputs still reiterates the recommendation(s) unanimously (Cl. 24.1), such appointment should be processed and appointment should be made within 3 to 4 weeks.

(Para 11)

Constitution of India, Article 226 – Tender matter – Acceptance of bid -- Writ jurisdiction -- Judicial review – Power of -- Authority concerned refer to the licence to be submitted by bidders -- It make clear that the staff would be employed by the agency as contract labour, the agency being responsible to make alternative arrangements in cases where their staff goes on strike -- Appellant was awarded the tender at the approved rate quashed by High Court -- Judicial review in these matters is equivalent to judicial restraint in these matters -- Writ court does not have the expertise to correct such decisions by substituting its own decision for the decision of the authority -- High Court guessing the authority’s requirement of a licence under the Contract Labour Act, has clearly overstepped the bounds of judicial review in such matters -- Except for an incantation of the expression mala fide, no mala fide has in fact been made out on the facts of this case -- High Court’s judgment is consequently set aside.

(Para 7, 10-17)

Constitution of India, Article 226 -- Ejectment from unauthorised occupation – Non-decisioning of -- Gram Panchayat made applications/ representations for ejectment of the private respondents -- No action has been taken till date – Writ petition disposed of by giving direction to respondent No. 2 to take appropriate steps within three months in accordance with law.

(Para 1-4)

Land Acquisition Act, 1894 (1 of 1894), Section 4, 6 – Constitution of India, Article 14 -- Acquisition of land – Challenge to -- Major chunk of the land released -- Petitioners case is not different from those land owners whose land already stood released -- Purpose for which the land was acquired is already vitiated as the proposed plan for which the land was acquired cannot be fulfilled by retaining the land of the petitioners -- Hence, denying to the prayer of the petitioners in not releasing their land would be a travesty of justice -- Action of the State in declining their prayer for release of their respective acquired land is violative of Article 14 of the Constitution of India -- Petitions allowed.

(Para 13)

Constitution of India, Article 14, 19(1)(e), 21, 51(c) – Deport/ Detaining of Rohingya refugees – Release of -- Interlocutory application seeking release of the detained Rohingya refugees; and not to deport the Rohingya refugees who have been detained in the sub-jail in Jammu – Held, rights guaranteed under Articles 14 and 21 are available to all persons who may or may not be citizens but the right not to be deported, is ancillary or concomitant to the right to reside or settle in any part of the territory of India guaranteed under Article 19(1)(e) – Two serious allegations relate to (i) the threat to internal security of the country; and (ii) the agents and touts providing a safe passage into India for illegal immigrants, due to the porous nature of the landed borders – It is not possible to grant the interim relief, however, Rohingyas in Jammu, on whose behalf the application is filed, shall not be deported unless the procedure prescribed for such deportation is followed.

(Para 1, 13-15)

Constitution of India, Article 226 -- Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963 (41 of 1963), Section 7 -- Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975), Section 2(c) – Illegal colonies – Competent authority not taking any action – Writ petition -- Petitioner had been earlier approaching the respondents by way of representations followed by a subsequent notice through counsel which till date has not been responded to -- Competent authority seized of the matter, writ petition disposed of with a direction to the Director, Town and Country Planning, Haryana to consider the legal notice and take a decision thereon positively within a period of two months.

(Para 2-4)

Constitution of India, Article 14, 15, 16 – Selection in reserve post – Availability of new posts -- Appointment in open category -- With the availability of 3295 additional posts, in the re-working exercise, if the candidates who were already selected against reserved posts were entitled to be considered against open category posts, that exercise cannot be termed as illegal or invalid on any count -- These 3295 posts were part of the same selection process initiated in 2013 for filling up 41610 posts and as such the adjustment was rightly done by the State.

(Para 8)

Constitution of India, Article 226 – Writ jurisdiction – Interim order --Nature of modification which has been made by the High Court vide order impugned in the form of an ad-hoc interim arrangement, is exceeding its jurisdiction, and not within the realm of power of judicial review to be exercised under Article 226 of the Constitution -- It is well settled that by an interim order, even the final relief ordinarily should not be granted – Impugned order quashed and set aside.

(Para 3, 11, 12)

Constitution of India, Article 226 -- Indian Contract Act, 1872 (9 of 1872), Section 26 -- Specific Relief Act, 1963 (47 of 1963), Section 14 -- Prohibition of Child Marriage Act, 2006 (6 of 2007) -- Live-in relationship – Deed of live-in relationship – Legality of -- Protection of life and liberty -- Since such type of deed is not permissible in law, no benefit can be claimed by the petitioners -- Even otherwise, under the provisions of the Prohibition of Child Marriage Act, 2006, petitioner No.2 is not competent to perform marriage and as such he is not competent to have a live-in-relationship with petitioner No.1 as he has not attained the age of marriage – As the terms and conditions of live-in-relationship relied upon by the petitioners referred to above, especially stating that it is not a ‘Marital Relationship’ is nothing but the misuse of the process of law as it cannot be morally accepted in society -- Petition dismissed.

(Para 3, 12-14)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 200 -- Constitution of India, Article 21 – Multiple complaints -- Permitting multiple complaints by the same party in respect of the same incident, whether it involves a cognizable or private complaint offence, will lead to the accused being entangled in numerous criminal proceedings -- As such, he would be forced to keep surrendering his liberty and precious time before the police and the Courts, as and when required in each case -- Such an absurd and mischievous interpretation of the provisions of the CrPC will not stand the test of constitutional scrutiny, and therefore cannot be adopted.

(Para 6)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 200 -- Constitution of India, Article 21 -- Summons to accused -- Duty of Magistrate -- Powers bestowed on the Magistrate have grave repercussions on individual citizens’ life and liberty -- Thus, these powers also confer great responsibility on the shoulders of the Magistrate and must be exercised with great caution, and after suitable judicial application of mind -- Power to issue a summoning order is a matter of grave importance, and that the Magistrate must only allow criminal law to take its course after satisfying himself that there is a real case to be made.

(Para 13)

C. Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 200 -- Constitution of India, Article 21 -- Every trial is a voyage of discovery in which the truth is the quest -- Trial Judge has a duty under the Constitution and the CrPC, to identify and dispose of frivolous litigation at an early stage by exercising, substantially and to the fullest extent, the powers conferred on him.

(Para 15, 16)

D. Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 200 -- Constitution of India, Article 21 -- Trial courts and the Magistrates have an important role in curbing injustice -- They are the first lines of defence for both the integrity of the criminal justice system, and the harassed and distraught litigant – Held, trial courts have the power to not merely decide on acquittal or conviction of the accused person after the trial, but also the duty to nip frivolous litigations in the bud even before they reach the stage of trial by discharging the accused in fit cases -- This would not only save judicial time that comes at the cost of public money, but would also protect the right to liberty that every person is entitled to under Article 21 of the Constitution -- In this context, the trial Judges have as much, if not more, responsibility in safeguarding the fundamental rights of the citizens of India as the highest court of this land.

(Para 18)

E. Code of Criminal Procedure, 1973 (2 of 1974), Section 200 – Constitution of India, Article 21, 142 -- Criminal complaint – Curbing injustice -- Magistrate was aware of the significant delay in the filing of private complaint and of the material improvements from the earlier -- It was incumbent on the Magistrate to examine any possibility of abuse of process of the court, make further enquiries, and dismiss the frivolous complaint at the outset after judicial application of mind -- However, this was not done -- Magistrate issued process against the Appellants – To bring peace between the parties, who are fighting various litigations since 2006, Court exercised powers under Article 142 to quash all the litigations between the parties arising out of this incident.

(Para 19-23)

Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (40 of 1971), Section 9 – Constitution of India, Article 226 -- Public premises – Eviction of -- Statutory appeal and stay application  pending – Non-decisioning of -- Statutory appeal accompanied with an application for stay within the period of limitation, the same ought to be decided on merits -- Bank occupying the premises facing an eviction also involves the interest of the public as also customers of the bank -- Writ petition disposed of in terms of accepting the statement as regards the statutory appeal u/s 9 of 1973 Act to be decided expeditiously and for the stay application in any event to be decided within a period of one week -- Keeping in view the interest of the customers/public who would be availing the banking services in the premises in question, Municipal Corporation directed to de-seal the premises forthwith.

(Para 10-12)

Constitution of India, Article 226, 227 -- Non-allotment of Chamber -- Refund of amount -- Petitioner deposited Rs.3.5 lacs for allotment of chamber -- Draw of lots was held on 20.01.2019 but the name of the petitioner was not included in the list of eligible candidates -- Request was made to refund but the same has not been done – Direction given to refund the amount of Rs.3.5 lakhs to the petitioner along with interest @ 7% per annum from 01.02.2019 to be paid within a period of 2 months.

(Para 3, 4)

Constitution of India, Article 226 -- Hindu Minority and Guardianship Act, 1956 (32 of 1956), Section 6 (a) – Custody of minor – Writ of habeas corpus – Maintainability of -- Writ of habeas corpus would be maintainable to seek the custody of the minor child who is at the tender age of about 4 years -- Petitioner, a mother, entitled to maintain the writ of habeas corpus -- Detenue being a minor and under the age of 5 years should ordinarily be in the custody of the mother as stipulated u/s 6 (a) of the Hindu Minority and Guardianship Act, unless the respondent is able to establish that she is unfit to do so – Writ allowed, custody given to the petitioner – Respondent no. 5 / Father is at liberty to approach the Guardian Court/Civil Judge for custody of the minor in accordance with law.

(Para 9-12)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 156(3), 200, 210, 482 – Constitution of India, Article 226 -- Complaint as well as FIR – Legality of -- Merely because on the same set of facts with the same allegations and averments earlier the complaint is filed, there is no bar to lodge the FIR with the police station with the same allegations and averments -- However, at the same time, if it is found that the subsequent FIR is an abuse of process of law and/or the same has been lodged only to harass the accused, the same can be quashed in exercise of powers under Article 226 of the Constitution or in exercise of powers u/s 482 Cr.P.C -- In that case, the complaint case will proceed further in accordance with the provisions of the Cr.P.C.

(Para 5)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 156(3), 200, 210, 482 -- Constitution of India, Article 226 -- Criminal proceedings – Quashing of – Inherent power of High Court -- Inherent jurisdiction u/s 482 Cr.P.C. and/or under Article 226 of the Constitution is designed to achieve salutary purpose that criminal proceedings ought not to be permitted to degenerate into weapon of harassment -- When the Court is satisfied that criminal proceedings amount to an abuse of process of law or that it amounts to bringing pressure upon accused, in exercise of inherent powers, such proceedings can be quashed.

(Para 6.1)

C. Indian Penal Code, 1860 (45 of 1860), Section 406, 420 -- Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Constitution of India, Article 226 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 156(3), 200, 210, 482 – Quashing of FIR – Abuse of process of law -- Inherent power of High Court -- Complaint u/s 138 of the NI Act pending -- After a period of three months, an application u/s 156(3) Cr.P.C. seeking registration of FIR – Ld. Magistrate declined to order registration of FIR and decided to inquire into the matter by treating the same as complaint case -- Ld. Sessions Judge remanded back the matter to the learned Magistrate with directions to pass a speaking order – Thereafter, after a period of two years, impugned FIR against the appellants with police station with the similar contents and allegations which were levelled in the application u/s 156(3) Cr.P.C – Complainant is not proceeding further with his application u/s 156(3) Cr.P.C., which is pending since last five years – In the FIR, no reference of application u/s 156(3) Cr.P.C. and complaint u/s 138 of the NI Act – Held, impugned FIR is nothing but an abuse of process of law and can be said to be filed with a view to harass the appellants -- High Court ought to have exercised the powers under Article 226 of the Constitution of India/482 Cr.P.C. and ought to have quashed the impugned FIR to secure the ends of justice – Appeal allowed, impugned criminal proceedings/FIR registered u/ss 420/406 IPC quashed.

(Para 7-9)

A. Constitution of India, Article 142 – Power and jurisdiction of Single Judge under Article 142 of Constitution -- Provisions of Article 142 of the Constitution of India vests Supreme Court with the jurisdiction to pass any order or decree to do complete justice in any cause or matter pending before it -- A Judge sitting singly has the power and jurisdiction to issue orders or pass decrees as specified in the said Article.

(Para 7)

B. Hindu Marriage Act, 1955 (25 of 1955), Section 13(1)(ia), 13-B – Code of Civil Procedure, 1908 (V of 1908), Section 25 – Supreme Court Rules, 2013, Order VI Rule (1) -- Constitution of India, Article 142, 145 -- Divorce petition – Transfer application – Grant of divorce by exercising power under Article 142 of Constitution – Jurisdiction of --  While sitting singly Supreme Court does not have the jurisdiction to take a decision on that plea made in the joint application -- One of the preconditions for exercise of jurisdiction under Article 142, the cause or the matter must be pending before it -- Transfer petition arose out of matrimonial dispute between the parties, but the expression ‘cause or matter pending before it’ cannot be stretched to cover all disputes originating from such matrimonial problem that can be resolved by Supreme Court, sitting singly, while hearing a transfer petition.

(Para 8)

C. Hindu Marriage Act, 1955 (25 of 1955), Section 13(1)(ia), 13-B – Code of Civil Procedure, 1908 (V of 1908), Section 25 – Constitution of India, Article 142 – Transfer petition -- Divorce by mutual consent -- Grant of divorce by exercising power under Article 142 of Constitution – Jurisdiction of -- Joint application ought to be dealt with by a Bench comprising of two or more Hon’ble Judges as the Hon’ble Chief Justice of India may consider appropriate -- Since the parties have settled their dispute through the process of mediation, the transfer petition has lost its utility and stands disposed of -- File to be placed before Hon’ble the Chief Justice of India for appropriate directions for giving effect to the terms of settlement entered into by and between the parties and broadly reflected in the joint application.

(Para 9)

Constitution of India, Article 21, 226 -- Live-in relationship – Life and liberty -- Police protection -- Petitioner no.1/ Lady left the house of husband and living with petitioner no. 2 in live-in-relationship – Petition disposed of with a direction to Superintendent of Police to look into the matter and to dispose of the representation in accordance with law, in case there is a genuine threat to the lives and liberty of the petitioners, then necessary steps warranted under law be taken thereupon at the earliest so as to ensure that no harm is caused to the petitioners.

(Para 2, 3)

Constitution of India, Article 227 – Additional evidence – Delay tactics -- Revisional powers – In case, the affidavit was ready on 7.1.2020, there was no logical reason for the same not to be filed in the Court, although, the matter was listed on four different dates till 7.2.2020 -- Trial Court has noted that despite 17 opportunities having been granted, the defendant-petitioner has not examined himself as his own witness -- Tendency amongst litigants to delay the trials is on the rise and this tendency adds to the arrears of the Courts of law -- Time is now right to curtail such tendencies with a heavy hand unless the facts of the case disclose that either of the parties to the suit would be grossly prejudiced – Revision dismissed.

(Para 4-6)