***

MACT -- Physical disability not conclusive -- Functional disability determines loss of earning capacity -- Mason suffering above-knee amputation held to have 100% functional disability despite 70% physical disability.

***

Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in injury claim -- Functional disability -- Assessment -- Injured aged 30 years suffered above-knee amputation -- Physical disability assessed at 70% -- Claimant was a mason dependent entirely on manual labour -- Functional disability required to be assessed at 100% as injury rendered claimant incapable of pursuing his avocation -- Loss of earning capacity to be computed by treating functional disability at 100% and not on the basis of physical disability -- Monthly income of Rs.12,000/- with addition of 40% towards future prospects and multiplier of 17 applied for recalculation of compensation -- Future medical expenses for artificial limb/prosthesis enhanced from Rs.1,00,000/- to Rs.2,00,000/- -- Total compensation enhanced from Rs.29,01,570/- to Rs.40,29,730/-.

(Paras 20 to 29)

***

Cancellation of bail -- Addition of aggravated offence -- Bail granted for bailable offences cannot continue on addition of graver non-bailable offence -- Cancellation upheld.

***

Code of Criminal Procedure, 1973 (2 of 1974), Sections 436 and 439(2) -- Cancellation of bail -- Addition of graver/non-bailable offence during investigation -- Accused initially granted bail by police when only bailable offences were found established -- Subsequently, non-bailable offence under Section 452 IPC added during further investigation -- Held, liberty granted in relation to minor/bailable offences cannot continue after addition of graver and non-bailable offence -- Court competent to direct custody/cancel bail under Section 439(2) Cr.P.C. -- Order cancelling bail upheld.

(Paras 7 to 10)

***

Compromise in rape case -- FIR cannot be quashed merely on basis of compromise -- Prosecutrix at liberty to appear before Investigating Officer.

***

Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Indian Penal Code, 1860 (45 of 1860), Section 376 -- Quashing of FIR -- Compromise between accused and prosecutrix -- Allegation of rape -- Prosecutrix expressed unwillingness to pursue proceedings and entered into compromise with accused -- Held, offence of rape is a heinous crime and not a private dispute -- Criminal proceedings for such offence cannot be quashed merely on basis of compromise between parties -- Offence has serious impact on society -- Petition seeking quashing of FIR dismissed -- Matter at investigation stage -- Prosecutrix at liberty to make statement before Investigating Officer -- Investigating Officer free to submit appropriate report upon completion of investigation.

(Paras 3 to 8)

***

Regular bail -- Theft of electricity conductors/wires -- Accused not named in FIR -- Implication solely on disclosure statement of co-accused -- No recovery from accused -- Investigation complete -- Bail granted.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Electricity Act, 2003 (36 of 2003), Section 136 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Section 3(5) -- Constitution of India, Article 21 -- Regular bail -- Theft of electricity conductors/wires -- Petitioner not named in FIR -- Nominated solely on basis of disclosure statement of co-accused -- No criminal antecedents -- Investigation complete and final report presented -- No recovery required from petitioner -- Offence triable by Magistrate and punishable with imprisonment up to three years -- Trial not likely to conclude in near future -- Further detention would violate right to personal liberty under Article 21 of Constitution -- Bail granted.

(Paras 3, 5 & 6)

***

Municipal elections -- Free and fair elections -- High Court directs uninterrupted videography and CCTV monitoring of entire election proceedings and adequate security arrangements.

***

Constitution of India, Article 226 -- Punjab Municipal Act, 1911 (3 of 1911), Section 20 -- Municipal elections -- Election of President, Vice-President and Senior Vice-President of Municipal Council -- Uninterrupted videography and CCTV monitoring -- High Court directs proper videography and CCTV monitoring of entire election proceedings inside premises -- Videography to be preserved for six months, extendable by competent Court -- Senior Superintendent of Police also directed to provide adequate security for conduct of fair elections -- Directions issued to ensure transparency, fairness and integrity of electoral process.

(Paras 2 to 4)

***

NDPS -- Recovery of commercial quantity from co-accused -- Petitioner neither named in secret information nor found in possession of contraband -- Bail allowed.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 21(C) and 29 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Section 111(2)(ii) -- Commercial quantity -- 1.103 Kgs. heroin -- Regular bail -- Petitioner not named in secret information -- Implication solely on basis of disclosure statements of co-accused -- No recovery effected from petitioner -- Named by co-accused in successive disclosure statements -- Final report submitted -- 31 prosecution witnesses cited and none examined -- Trial likely to take considerable time -- Continued incarceration held unjustified -- Bail granted.

(Paras 2, 6 & 7)

***

Regular Bail -- Robbery and cheating -- Custody for more than two months -- Settlement of monetary dispute between parties -- Continued incarceration held unjustified.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 310(2), 310(4) and 238 -- Regular bail -- Allegations of robbery and cheating arising out of purported money-doubling scheme -- Petitioner in custody for more than two months -- No recovery to be effected from petitioner -- Matter stated to pertain to monetary transaction which stood settled between parties -- Trial likely to take sufficiently long time -- Merits of allegations to be examined during trial -- Continued incarceration held to serve no useful purpose -- Petitioner entitled to grant of regular bail.

(Paras 3, 5 & 6)

***

Mandatory Injunction -- Encroachment proved -- Litigant approaching Court with false pleadings and unclean hands not entitled to discretionary relief.

***

Specific Relief Act, 1963 (47 of 1963), Sections 36, 39 and 41(i) -- Mandatory injunction -- Encroachment -- Discretionary relief -- Demarcation report proved encroachment made by defendants -- Plaintiff having falsely pleaded date of construction and suppressed material facts, approaching Court with unclean hands and resorting to falsehood not entitled to discretionary relief -- Courts not bound to grant mandatory injunction merely because encroachment stands proved.

(Paras 17 to 23)

***

MACT – Home Maker died -- Additional compensation under head “Loss of Domestic Care” recognised -- Rs.30,000/- per month prescribed as basic minimum monthly income under said head -- Amount to be revised cumulatively by 10% every three years.

***

Motor Vehicles Act, 1988 (59 of 1988) -- Compensation -- Death of homemaker -- Loss of Domestic Care -- Compensation based on notional income suffers from inherent disadvantage where homemaker has no conventional monetary contribution -- Composite sum of Rs.30,000/- per month to be taken as basic minimum monthly income under head “Loss of Domestic Care”, subject to existence of loss of household management, maternal support and spousal support -- Amount to be revised cumulatively by 10% every three years -- Where homemaker is part of workforce, compensation under head “Loss of Domestic Care” to be in addition to the proved monthly income.

(Para 20)

***

Right to walk and right to demarcated footpaths are fundamental rights under Articles 19 and 21 -- Violation thereof entitles citizens to invoke constitutional and legal remedies for restitution and compensation.

***

Constitution of India, Articles 19(1)(a), 19(1)(b), 19(1)(c), 19(1)(d) and 21 -- Fundamental rights -- Right to walk -- Right to demarcated footpaths -- Right to movement guaranteed under Article 19(1)(d), read with Articles 19(1)(a), 19(1)(b), 19(1)(c) and 21, includes right to walk and right to demarcated footpaths -- Such rights are primary and have priority over movement by motorised vehicles -- Urban Development Authorities, Municipal Corporations, Municipalities and Panchayats have corresponding duty to demarcate, construct, maintain and safeguard footpaths and other pedestrian infrastructure -- Violation of right to walk on demarcated footpaths entitles citizens to invoke constitutional and legal remedies against duty bearers for restitution and compensation, independent of remedies available under Motor Vehicles Act, 1988.

(Paras 20)

***

NDPS -- In absence of evidence of joint possession, quantity recovered from separate bags carried by accused cannot be clubbed to constitute commercial quantity

***

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 20(b)(ii)(B), 20(b)(ii)(C) and 35 -- Conscious possession -- Commercial quantity -- Separate recoveries from different accused -- Clubbing of quantity -- Prosecution proved conscious possession of contraband recovered from respective bag/ sack of accused -- However, in absence of evidence establishing joint possession or common intention, quantities recovered under separate seizure lists cannot be aggregated to constitute commercial quantity -- Conviction under Section 20(b)(ii)(C) altered to Section 20(b)(ii)(B).

(Paras 34 to 37)

***

Absence of informant – POCSO -- Once information regarding bail application has been duly served, non-appearance of informant cannot preclude Court from hearing bail application.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483(2) -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Sections 5 and 6 -- Protection of Children from Sexual Offences Rules, 2020, Rule 4(13) and 4(15) -- Bail -- Hearing of bail application -- Presence of informant -- Statutory requirement is to afford opportunity of hearing to informant -- Once information regarding bail application has been duly served, non-appearance of informant cannot preclude Court from hearing bail application -- Informant may repose trust in Public Prosecutor or A.G.A. to oppose bail -- Preliminary objection regarding maintainability of hearing in absence of informant rejected.

(Paras 3 to 7)

***

Marriage registration -- 30-day notice period under Special Marriage Act, 1954 cannot be waived due to personal hardship.

***

Special Marriage Act, 1954 (43 of 1954), Sections 5, 6, 7 and 16 – Constitution of India, Article 226 -- Marriage registration -- Waiver of 30-day notice period -- Personal hardship arising from imminent joining abroad -- Statutory waiting period forms part of legislative framework -- High Court, in exercise of jurisdiction under Article 226 of Constitution of India, cannot direct statutory authorities to act contrary to express mandate of statute -- Mere inconvenience or hardship cannot furnish ground to bypass mandatory statutory compliance -- Petition seeking relaxation of statutory period dismissed.

(Paras 7 to 13)

***

FIR against public servants -- Direction for registration of FIR under Section 4 of SC/ST Act without recommendation of administrative enquiry held unsustainable.

***

Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 4(2) Proviso and Section 4(3) -- Public servants -- Dereliction of duty -- Direction for registration of FIR -- Sessions Judge directing registration of FIR against Circle Officer and Station House Officer under Section 4 of SC/ST Act without recommendation of administrative enquiry -- Recommendation of administrative enquiry a condition precedent and mandatory safeguard for initiation of penal proceedings against public servants -- Continuation of proceedings in absence of compliance with statutory mandate amounting to abuse of process of law -- Impugned order directing registration of FIR under Section 4 of SC/ST Act set aside qua applicants in exercise of inherent powers under Section 482 Cr.P.C.

(Paras 5 to 10)

***

Fair Price Shop Agreement -- Cancellation -- Finding of forgery recorded solely on mere denial of signatures by Panchayat Secretary held unsustainable.

***

Essential Commodities Act, 1955 (10 of 1955) -- Fair Price Shop -- Cancellation of agreement -- Allegation of forged signatures on stock registers and consumption certificates -- Finding of forgery recorded solely on basis of denial of signatures by Panchayat Secretary -- No handwriting expert opinion or objective verification undertaken by inquiry officer or competent authorities -- Finding of forgery carrying serious civil consequences and criminal implications cannot rest upon assumptions or unilateral assertions -- Absence of cogent material rendering the very foundation of the impugned action unsustainable -- Respondents directed to restore fair price shop and permit petitioner to operate same, subject to there being no other legal impediment.

(Paras 11 to 14)

***

Fair Price Shop Licence -- Cancellation order unsigned by competent authority -- Order without signature held non est in eye of law.

***

Essential Commodities Act, 1955 (10 of 1955), Section 3 -- Fair Price Shop Licence -- Cancellation of licence -- District Magistrate sole authority competent under Government Order to cancel licence -- Impugned order not bearing signature of District Magistrate on any page -- Mere forwarding of order by District Supply Officer under his signature not curing defect -- Order not signed by competent authority cannot be treated as an order in the eye of law -- Absence of signature going to root of matter and rendering order void -- Appellate order affirming such cancellation also liable to be quashed -- Cancellation order and appellate order set aside -- Liberty granted to District Magistrate to pass fresh order in accordance with law.

(Paras 5 to 7)

***

Pension -- Temporary status casual labourers – Entitled to pensionary benefits even without formal regularisation.

***

A. Casual Labourers (Grant of Temporary Status and Regularisation) Scheme, 1991 -- Central Civil Services (Temporary Service) Rules, 1965,  Rule 10(1-B) -- Central Civil Services (Pension) Rules, 1972 -- Pension -- Temporary status casual labourers -- Formal regularisation -- Casual labourers conferred temporary status and, after completion of three years, treated at par with temporary Group ‘D’ employees -- Benefits admissible to temporary Group ‘D’ employees held to include pensionary benefits -- Entitlement to pension not dependent upon formal regularisation -- Temporary status casual labourers held entitled to pensionary benefits on superannuation even in absence of regularisation.

(Paras 52 to 76)

B. Casual Labourers (Grant of Temporary Status and Regularisation) Scheme, 1991, Clauses 6, 7 and 8 -- Pension -- Interpretation of beneficial scheme -- Expression "after regularisation" occurring in Clause 6 -- Scope -- Clause 6 does not create pensionary entitlement but confers additional benefit of counting 50% of service rendered under temporary status towards retirement benefits upon regularisation -- Absence of regularisation not extinguishing underlying entitlement to pension -- Scheme to be construed harmoniously and in a beneficial manner.

(Paras 47 to 49, 56 and 57)

C. Central Civil Services (Temporary Service) Rules, 1965, Rule 10(1-B) -- Pension -- Temporary Government servants -- Qualifying service -- Temporary status casual labourers treated at par with temporary Group ‘D’ employees -- Upon completion of qualifying service of ten years, entitled to superannuation pension, gratuity and family pension under the Central Civil Services (Pension) Rules, 1972 -- Pensionary benefits cannot be denied merely on basis of nomenclature or absence of regularisation.

(Paras 70 to 75)

D. Constitution of India, Articles 14, 38, 39, 43 and 300A -- Pension -- Property -- Social welfare measure -- State as model employer -- Pension not a bounty but a vested constitutional right and property within meaning of Article 300A -- Financial burden no ground to deny pensionary benefits earned through long years of service.

(Paras 39 to 41, 74)

E. Service Law -- Delay and laches -- Pensionary benefits -- Continuing cause of action -- Claim for pension cannot be defeated solely on ground of delay -- However, arrears restricted to three years and two months preceding date of filing of Original Applications before Tribunal.

(Para 81)

***

Quashing of FIR -- Criminal proceedings arising from civil property dispute -- Subsequent FIR containing improved allegations held to be abuse of process.

***

A. Code of Criminal Procedure, 1973 (2 of 1974), Sections 154(3), 156(3), 200 and 482 -- Indian Penal Code, 1860 (Act 45 of 1860), Sections 120-B, 420, 465, 467, 468, 471, 384, 504, 506, 511 and 114 – Quashing of proceedings -- Long-standing civil dispute relating to title over immovable property -- FIR lodged after about 8-9 years -- Earlier complaint lodged seven months prior did not contain allegations of extortion or criminal intimidation -- Subsequent FIR lodged introducing allegation of demand of Rs.1.5 crores -- Material improvements in later FIR showing attempt to give criminal colour to civil dispute -- Held, continuation of criminal proceedings would amount to abuse of process of law -- FIR and consequential proceedings liable to be quashed.

(Paras 38 to 40, 52 to 58)

B. Indian Penal Code, 1860 (45 of 1860), Sections 463, 464, 465, 467, 468 and 471 -- Forgery -- False document -- Execution of Power of Attorney by persons claiming share in ancestral property -- No allegation of forged signatures, impersonation or fabrication of document -- Mere claim of title subsequently found unsustainable not amounting to making of a "false document" -- Ingredients of forgery absent -- Offences under Sections 465, 467, 468 and 471 IPC not made out.

(Paras 44 and 45)

C. Indian Penal Code, 1860 (45 of 1860), Section 420 -- Cheating -- Essential ingredients -- Deception, dishonest intention at inception and delivery of property -- No allegation that complainant delivered any property, money or valuable security pursuant to any inducement -- Section 420 IPC not attracted.

(Para 46)

D. Indian Penal Code, 1860 (45 of 1860), Sections 384, 504, 506 and 511 -- Extortion -- Criminal intimidation -- FIR not disclosing date, place or circumstances of alleged demand -- No allegation of delivery of property or money pursuant to threats -- Vague allegations regarding intimidation and insult -- Attempt to extort also not established -- Ingredients of offences absent.

(Paras 47 and 48)

E. Indian Penal Code, 1860 (45 of 1860), Section 120-B -- Criminal conspiracy -- Substantive offences themselves not made out -- Charge of conspiracy cannot survive independently -- Held, offence under Section 120-B IPC also not attracted.

(Para 49)

F. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Criminal antecedents of accused -- Relevance -- Criminal antecedents cannot constitute sole or primary ground to refuse quashing of proceedings -- Court required to examine whether essential ingredients of offences alleged are made out -- Reliance on antecedents by High Court held unsustainable.

(Para 50)

***

Medical Negligence -- Summoning order under Section 304A IPC against doctor set aside for failure to await PGI Expert Report.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section, 223, 528 -- Quashing of summoning order -- Medical negligence -- Complaint alleging death due to negligent treatment -- District Medical Negligence Board comprising six doctors opining that treating doctor could not be held negligent -- Trial Court having directed obtaining of second expert opinion from PGI Chandigarh -- Summoning order passed without awaiting PGI report and without recalling earlier order directing procurement of expert opinion -- Procedure adopted by Trial Court held contrary to its own directions and settled norms of judicial discipline -- Summoning order under Section 304-A IPC quashed -- Trial Court directed to procure PGI report, consider the same along with other material on record and pass fresh order.

(Paras 16 to 24)

***

Family pension -- Second wife entitled to full family pension if first wife predeceased employee and no eligible claimant exists

***

Punjab Civil Services Rules, Volume II, Rule 6.17(4), Notes 1 and 2 -- Family pension -- Second wife -- Apportionment of pension -- First wife of deceased employee having predeceased him -- Petitioner married deceased employee after death of first wife -- No eligible minor child surviving from first marriage -- Family pension being estate of legal heirs -- State cannot retain share of family pension on ground that no eligible claimant exists -- Rule providing for apportionment applicable only where there are multiple eligible claimants -- Petitioner being sole surviving widow held entitled to full family pension -- Impugned memo denying 100% family pension set aside -- Respondents directed to release full family pension with arrears from date of death of employee along with interest @ 6% per annum.

(Paras 9 to 13)

***

Withholding of MBBS degree certificate – MBBS Degree Certificate cannot be withheld solely due to pending criminal proceedings arising out of CBI case relating to admission.

***

Constitution of India, Article 226 -- MBBS degree certificate -- Withholding of original Final MBBS Pass certificate -- Petitioner permitted by Government to complete MBBS course and having successfully completed course and internship -- Registration granted by Assam Council of Medical Registration pursuant to earlier order of High Court -- Original certificates issued to similarly situated candidates -- Mere pendency of criminal proceedings arising out of CBI case relating to admission not sufficient to justify indefinite withholding of original certificate in absence of adjudication of guilt -- Principle of parity applicable -- Respondents directed to issue original Final MBBS Pass certificate and update registration particulars before regulatory authority -- Rights of parties to remain subject to final outcome of criminal proceedings.

(Paras 6 to 13)

***

Bank account freeze – A citizen’s bank account cannot be frozen indefinitely merely on internal correspondence, portal alerts or informal electronic communications unless such action is traceable to authority of law

***

Constitution of India, Articles 14, 21 and 226 -- Bank account freeze -- Agricultural sale proceeds credited to account -- Debit freeze imposed on basis of NCCRP complaints and informal communications -- No statutory order of attachment, seizure or prohibition produced -- Mere existence of cyber fraud complaints not sufficient to justify indefinite denial of access to account -- Restriction on operation of bank account affecting right to livelihood and access to legitimate funds -- Even if prior notice may be dispensed with in emergent circumstances, post-decisional notice and disclosure of basic reasons necessary -- Continuation of debit freeze without furnishing material particulars, without authority of law and without periodic review violative of principles of natural justice -- Respondent bank directed to defreeze account within two weeks -- Liberty reserved to investigating agencies to act on fresh orders passed in accordance with law.

(Paras 5 to 11)

***

Illegal Detention -- Petitioner not named in FIR or Charge-sheet -- SIT/CB-CID Probe ordered into alleged illegal detention.

***

Constitution of India, Articles 21 and 226 -- Illegal detention and violation of personal liberty -- Petitioner not named in FIR, remand report or charge-sheet -- Certain police communications referring to petitioner lending prima facie support to claim that he was apprehended despite not being formally arrayed as an accused -- Disputed questions relating to coercive execution of GPA and seizure of documents not amenable to adjudication in writ jurisdiction -- Inconsistencies in respondents' version warranting independent and impartial investigation -- DGP directed to register crime and entrust investigation to SIT/CB-CID -- Investigation to be completed preferably within six months with periodical status reports before jurisdictional Magistrate.

(Paras 9 to 14)

***

Arbitration -- Exclusive jurisdiction clause -- Arbitration agreement providing alternative seats/ venues at Hyderabad and Guwahati -- Courts at Hyderabad alone conferred exclusive jurisdiction -- Telangana High Court competent to entertain Section 11 application.

***

Arbitration and Conciliation Act, 1996 (26 of 1996), Section 11(6) -- Appointment of arbitrator -- Arbitration clause prescribing Hyderabad or Guwahati as seat/venue of arbitration -- Clause further providing that courts at Hyderabad shall have exclusive jurisdiction over matters arising out of agreement -- Contention that Gauhati High Court alone had jurisdiction as cause of action arose in Guwahati -- Rejected -- Party autonomy being paramount in interpretation of arbitration agreements, exclusive jurisdiction clause clearly vested jurisdiction in courts at Hyderabad -- Principle of forum non conveniens applicable where multiple seats are designated held inapplicable in view of express agreement conferring exclusive jurisdiction on Hyderabad courts -- Telangana High Court rightly entertained application under Section 11(6) and referred dispute to arbitration -- Special Leave Petitions dismissed.

(Paras 3 to 5)

***

Regular bail -- Cyber fraud case -- Alleged investment scam involving Rs.8 crores -- Investigation complete -- Clean antecedents, custody of 5 months and offences triable by Magistrate -- Bail granted.

***

Information Technology Act, 2000 (21 of 2000), Section 66D -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 61(2), 316(2), 318(4), 319(2), 336(3), 338 and 340(2) -- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Regular bail -- Cyber fraud -- Allegation of inducing complainant to invest about Rs.8 crores through online investment platform by false promise of profits -- Petitioner claimed to be merely a peripheral participant and not actively involved in operation of alleged scheme -- Petitioner in custody for nearly five months -- Clean antecedents -- Investigation complete -- Offences triable by Court of Magistrate -- None of the prosecution witnesses examined and trial likely to take considerable time -- Without commenting on merits, petitioner held entitled to regular bail.

(Paras 4 to 8)

***

NDPS -- Regular bail -- Petitioner nominated solely on disclosure statement of co-accused -- No recovery of contraband from petitioner -- Recovery of cash alone insufficient to establish nexus with contraband -- Bail granted.

***

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 15, 18 and 29 -- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Regular bail -- Recovery of contraband effected from co-accused -- Petitioner implicated on basis of disclosure statement of co-accused -- No recovery of contraband from petitioner -- Only recovery attributed to petitioner was Rs.40,000/- cash -- No independent material produced to connect petitioner with recovered contraband or alleged offence -- Mere criminal antecedents not sufficient to deny bail when petitioner already on bail in other cases -- Petitioner ordered to be released on regular bail.

(Paras 3 to 5)

***

Medical reimbursement -- Emergency treatment in non-empanelled hospital -- Genuine medical claims cannot be defeated by technicalities, restrictive reimbursement policies or outdated norms.

***

Constitution of India, Article 21 -- Medical reimbursement -- Non-empanelled hospitals -- Emergency treatment -- Reimbursement policy (Haryana) -- Policies framed to secure healthcare and social welfare benefits to employees and pensioners must be interpreted in a humane, liberal and purposive manner -- Genuine reimbursement claims cannot be rejected merely because treatment was obtained from a non-empanelled hospital during medical exigencies -- Beneficial schemes should advance the cause of human welfare rather than be defeated by procedural technicalities.

(Paras 4 to 11)

***

Video conferencing -- Examination of attesting witness of Will -- Refusal of virtual testimony despite enabling Rules and adequate technological safeguards unsustainable.

***

Constitution of India, Article 227 -- Video conferencing -- Recording of evidence -- Attesting witness to Will -- Witness aged about 78 years and unable to travel due to compelling personal circumstances -- High Court Video Conferencing Rules enabling examination of witnesses through virtual mode -- Trial Court's refusal solely on ground of physical appearance unsustainable -- Availability of technological infrastructure and prescribed procedure adequately safeguards identification of witness, signatures and documents -- Refusal to permit examination through video conferencing amounted to failure to properly consider the governing Rules and relevant circumstances -- Order set aside and Trial Court directed to record testimony through video conferencing.

(Paras 7 to 8)

***

Maintenance -- Minor child -- Father's statutory obligation not absolved merely because mother is also employed -- Loan repayments and other voluntary liabilities cannot override child's right to maintenance.

***

Code of Criminal Procedure, 1973 (2 of 1974), Section 125 -- Interim maintenance -- Minor daughter born out of wedlock -- Both parents being government employees -- Mother serving in CISF and father in CRPF -- Earning capacity of mother does not absolve father of his statutory obligation to maintain minor child -- Voluntary liabilities such as loan repayments and responsibility towards parents and siblings cannot eclipse paramount right of child to maintenance -- Considering rising cost of living, educational, nutritional and medical needs of growing child, interim maintenance of Rs.8,000 per month held neither excessive nor arbitrary -- Grant of maintenance from date of application held justified.

(Paras 21-33)

***

Appointment of guardian -- Welfare of child paramount consideration -- Act is religion-neutral -- Hindu couple held entitled to be appointed guardians of Muslim minor child with consent of biological mother.

***

Guardians and Wards Act, 1890 (8 of 1890), Sections 7, 8 and 17 -- Appointment of guardian -- Appellant and wife, professing Hindu religion, taking care of Muslim minor girl from birth with consent of biological mother -- Child recognising appellant and his wife as parents and biological mother as aunt -- Family Court refusing guardianship on ground that parties belonged to different religions and were strangers -- Held, Act is religion-neutral and welfare of child is paramount consideration -- Religion being only one of the relevant factors under Section 17 -- Consent of biological mother and continuous care from birth establishing welfare of child -- Appellant appointed legal guardian and order of Family Court set aside.

(Paras 10-16)

***

Railways accident claim -- Untoward incident -- Non-recovery of journey ticket not conclusive to deny compensation -- Belated DRM report lacking evidentiary value -- Hyper-technical approach of Tribunal held unsustainable -- Matter remanded for assessment and disbursement of compensation.

***

Railways Act, 1989 (24 of 1989), Section 124-A -- Claim for compensation -- Untoward incident -- Deceased allegedly falling from running train during night hours and sustaining fatal injuries -- Records and post-mortem report supporting case of accidental fall -- Belated DRM report prepared after lapse of nearly five years and based on no eyewitness account held lacking evidentiary value -- Mere delay in discovery of body near railway track not sufficient to disbelieve accidental fall -- Non-recovery of journey ticket not conclusive to deny claim -- Testimony regarding purchase of ticket and surrounding circumstances including recovery of Rakhi from deceased corroborating case of travel -- Initial burden discharged by claimants and onus shifted to Railways, which failed to rebut claim -- Hyper-technical approach adopted by Tribunal contrary to beneficial object of Act held unsustainable -- Impugned order set aside and matter remanded to Tribunal for assessment and disbursement of compensation.

(Paras 8-17)

***

MACT -- Loss of dependency -- Major siblings of unmarried deceased -- Mere relationship not sufficient to claim dependency -- Only sister proved to be wholly dependent on deceased held entitled to compensation under head of loss of dependency.

***

Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Claim for compensation -- Death of unmarried pensioner in road accident -- Claimants being major siblings residing separately with their respective families -- Burden to prove dependency lies on claimants -- Evidence establishing that second claimant, a spinster, was residing with and wholly dependent on deceased -- Other claimants having failed to adduce evidence of dependency, not entitled to same -- Monthly income of deceased being pensioner to be taken on basis of Treasury Passbook and not on notional basis -- Addition of 10% towards future prospects and deduction of one-half towards personal and living expenses being applicable in case of spinster -- Compensation recalculated by applying multiplier of 9 -- Rs.5,08,329 awarded with interest @ 8% per annum.

(Paras 7-13)

***

MACT -- Branch of roadside tree falling on stationary autorickshaw during heavy rain -- Accident not arising out of use of motor vehicle -- Claim under Section 166 not maintainable -- Compensation enhanced to Rs.25,00,000 under Article 142 of Constitution of India.

***

Motor Vehicles Act, 1988 (59 of 1988), Sections 165 and 166 -- Claim petition -- Meaning of expression "arising out of the use of motor vehicle" -- Respondent travelling in autorickshaw halted under tree during heavy rain -- Branch of old tree detached and fell on vehicle causing grievous injuries -- Motor vehicle played no active role in occurrence -- Claim under Section 166 not maintainable -- Liability under Act cannot be fastened upon Municipal Corporation -- Supreme Court, in exercise of powers under Article 142 of Constitution of India, enhanced compensation to Rs.25,00,000 with interest and maintained the apportionment of liability, directing payment thereof by Municipal Corporation to the extent of 25%, insurer of autorickshaw 50% and Horticulture Department 25%.

(Paras 9-16)

***

Compassionate appointment — Rule 23(1) of Haryana Civil Services (Compassionate Financial Assistance or Appointment) Rules, 2019 applies only to compassionate financial assistance and not to compassionate appointment — Claim for compassionate appointment cannot be kept in abeyance merely because criminal proceedings concerning death of employee are pending against another family member.

***

A. Haryana Civil Services (Compassionate Financial Assistance or Appointment) Rules, 2019, Rules 5(1)(f), 5(1)(g) and 23(1) -- Compassionate appointment -- Compassionate financial assistance -- Widow accused of murder of deceased employee -- Rule 23(1) expressly governs only compassionate financial assistance -- Neither its language nor marginal heading extends to compassionate appointment -- Reading compassionate appointment into Rule 23(1) would amount to judicial legislation -- Purposive interpretation cannot be employed to introduce words consciously omitted by rule-making authority -- Claim for compassionate appointment cannot be deferred by invoking Rule 23(1) -- Children's claim for compassionate appointment cannot automatically remain suspended till determination of widow's claim.

(Paras 23-39, 42, 46, 48, 50)

B. Service Law -- Compassionate appointment -- Nature and object -- Compassionate appointment is neither a vested nor a heritable right -- It is a welfare measure intended to provide immediate succour to the family of a deceased employee facing financial hardship -- Entitlement remains subject to fulfilment of eligibility conditions prescribed under the governing Rules.

(Paras 20-22)

C. Interpretation of Statutes -- Plain meaning rule -- Purposive interpretation -- Purposive construction cannot be invoked to override clear and unambiguous statutory language or to supply words consciously omitted by Legislature or rule-making authority.

(Paras 25-26)

D. Haryana Civil Services (Compassionate Financial Assistance or Appointment) Rules, 2019, Rules 5(1)(f), 5(1)(g) and 23(1) -- Compassionate appointment -- Compassionate financial assistance -- Legislative omission -- Rules provide for suspension of compassionate financial assistance during pendency of criminal proceedings but contain no analogous restriction regarding compassionate appointment -- Court cannot fill such legislative gap through interpretative process -- Matter lies within legislative domain -- State Government advised to consider suitable amendment to the Rules of 2019.

(Paras 43-45, 48(vi))

***

Recruitment -- Absence of mandatory officials in Board meeting approving appointments does not invalidate entire recruitment where selection process was otherwise valid.

***

Haryana Cooperative Societies Act, 1984 (22 of 1984) -- Primary Cooperative Marketing-cum-Processing Societies Ltd. Staff Service Rules, 2003 – Rules 3 & 15 – Recruitment and appointment -- Non-compliance with Rule 3 -- Absence of Assistant Registrar Cooperative Societies, Inspector Cooperative Societies and District Manager, HAFED from Board meeting approving appointments -- Effect of -- Though presence and concurrence of said officials is mandatory, selected candidates having no role in constitution of the appointing authority or conduct of its meetings cannot be penalised for lapse attributable to authorities -- Where appointments were preceded by public advertisement and regular selection process and there was no allegation regarding eligibility, fraud, impersonation, malpractice or manipulation against appointees, appointments could not be invalidated solely on account of procedural defect in decision-making process relating to appointment -- Cancellation of appointments set aside and matter remitted for fresh consideration by duly constituted Board in accordance with Rule 3.

(Paras 38-66)

***

Constructive res judicata -- Distinct cause of action -- Earlier challenge to sale deeds and subsequent suit based on title to remaining property -- Subsequent suit not barred merely because an additional ground could have been raised in earlier proceedings.

***

Code of Civil Procedure, 1908 (V of 1908) – Section 11 Explanation IV -- Constructive res judicata -- Declaration of title and possession – Earlier suits challenging sale deeds executed by GPA holder -- Subsequent suit for declaration of title and possession -- High Court holding suit barred on ground that plaintiff ought to have asserted such title in earlier proceedings -- Unsustainable -- Earlier suits were directed against specific sale transactions and there was no occasion for plaintiff to assert rights over larger parcel of land which already stood in his favour -- Cause for filing subsequent suit arose when defendant sought mutation in respect of entire property beyond land covered by sale transactions -- Application of constructive res judicata in such circumstances would lead to an unduly harsh and unjust consequence -- High Court judgment set aside.

(Paras 8-14)

***

Family pension -- Divorcee daughter -- Exclusion from definition of "family" while including married daughters violative of Article 14 -- Divorcee daughter entitled to be considered for family pension subject to dependency and absence of independent source of income.

***

Constitution of India, Article 14 -- Madhya Pradesh Civil Services (Pension) Rules, 1976, Rules 44(5) and 48(11) -- Family pension -- Definition of "family" -- Married daughters included in definition of family whereas divorcee daughters excluded -- No rational basis for such exclusion -- Divorcee daughter required to be treated equally with daughters covered under Rule 44(5) -- Exclusion of divorcee daughter held violative of Article 14 -- Claim for family pension cannot be rejected on that ground alone -- If found dependent upon deceased Government servant and having no independent source of income, she would be entitled to family pension.

(Paras 6-8)

***

Maintenance -- Section 125 CrPC -- Standard of proof of marriage not as strict as in prosecution for bigamy -- Long cohabitation and evidence of marriage sufficient -- Adverse inference liable to be drawn against respondent refusing DNA test to determine paternity -- Maintenance granted to woman and child.

***

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 125 -- Maintenance -- Proof of marriage -- Standard of proof in proceedings under Section 125 not as strict as in trial for offence under Section 494 of the Indian Penal Code, 1860 -- Where parties lived together as husband and wife, Court may presume existence of valid marriage.

(Paras 11, 14)

B. Indian Evidence Act, 1872 (1 of 1872), Section 114 -- Maintenance -- Paternity dispute -- DNA test -- Respondent opposed prayer for DNA fingerprinting test sought for establishing paternity of child -- Adverse inference drawn against respondent -- Mere plea that respondent had subsisting marriage with another woman not sufficient to deny maintenance -- Claimants entitled to maintenance.

(Paras 7, 12, 14, 15)

***

Anticipatory bail -- Injury attributed to petitioner simple in nature -- Dangerous-to-life injury attributed to another co-accused -- Another co-accused already granted anticipatory bail -- Petitioner granted anticipatory bail.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 482 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 109, 115(2), 118(1), 118(2), 190 and 191(3) (corresponding to Sections 307, 323, 324, 326, 148 and 149 IPC) -- Anticipatory bail -- Attempt to murder -- Injury attributed to petitioner declared simple in nature -- Injury declared dangerous to life attributed to a co-accused -- Another co-accused already granted anticipatory bail -- Petitioner willing to join and cooperate in investigation -- Custodial interrogation not warranted -- Anticipatory bail granted subject to joining investigation and conditions under Section 482(2) BNSS.

(Paras 2-4)

***

Protection of life and personal liberty -- Major individuals have fundamental right to choose their life partner and reside together of their own free will -- State under obligation to assess threat perception and provide protection where genuine threat exists.

***

Constitution of India, Articles 21, 226 and 227 -- Protection of life and personal liberty -- Adult individuals -- Right to choose life partner -- Once two major individuals choose to marry or reside together of their own free will, such choice falls within protective umbrella of Article 21 and cannot be interfered with except in accordance with law -- Senior Superintendent of Police/ Commissioner of Police directed to examine representation, assess threat perception and take appropriate steps if genuine threat is found to exist.

(Paras 6-8)

***

Mother tongue-based education -- RTE Act and NEP, 2020 recognise primacy of mother tongue/home language in learning -- Executive inaction and absence of policy no defence – State of Rajasthan directed to recognise Rajasthani for educational purposes and take phased steps for its introduction as medium of instruction and school subject.

***

A. Constitution of India, Articles 19(1)(a), 21A and 350A -- Education -- Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), Section 29(2)(f) -- Mother tongue/ language of choice -- Right to freedom of speech and expression includes right to receive education in a language understood by the child -- Education must be intelligible and accessible to the learner -- Instruction in mother tongue facilitates comprehension, meaningful access to knowledge and quality education.

(Paras 35, 39, 42-43)

B. Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), Section 29(2)(f) -- National Education Policy, 2020 -- Mother tongue/ home language/ regional language -- Legislature and policy framework recognise foundational role of mother tongue in learning -- Education in unfamiliar language impedes comprehension and defeats purpose of elementary education.

(Paras 17-19, 39-40)

C. Constitution of India, Articles 19(1)(a), 21A and 350A -- Constitutional guarantees -- Executive inaction -- Mother tongue-based education -- Rajasthani language -- Absence of policy framework or non-inclusion of a language in the Eighth Schedule cannot justify failure to implement constitutional and statutory obligations relating to mother tongue-based education -- State of Rajasthan directed to formulate policy recognising Rajasthani as local/regional language for educational purposes and to take phased steps for its introduction as medium of instruction and as a subject in schools.

(Paras 44-50)

***

Anticipatory bail -- Property dispute -- Validity of Will and sale deeds already subject matter of pending civil suit -- Custodial interrogation not required -- Anticipatory bail granted.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 482 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 61(2), 316(2) and 318(4) (Corresponding sections 420, 406, 406 of IPC) -- Anticipatory bail -- Allegations of cheating, criminal breach of trust and fraud based on execution of Will and registered sale deeds -- Validity of documents already under challenge in pending civil proceedings -- Dispute primarily civil in nature requiring adjudication by Civil Court -- Allegations against petitioner to be examined during trial -- Custodial interrogation held unnecessary -- Petitioner entitled to anticipatory bail subject to statutory conditions.

(Para 3)

***

Right to Education -- Neighbourhood school -- Student selected and allotted by State Government -- Schools must admit RTE students without delay.

***

Constitution of India, Article 21A -- Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), Sections 3, 12(1)(c) and 38 -- Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011, Rule 8 -- Neighbourhood school -- Admission of children belonging to weaker sections and disadvantaged groups -- Student selected and allotted to school by competent authority under statutory procedure – Rule 8 making it binding upon school to follow admission process prescribed by State Government -- School not entitled to sit in appeal over decision of competent authority -- If school has any grievance regarding selection, it may make representation to competent authority but cannot withhold admission pending consideration thereof -- Admission cannot be withheld pending consideration of school's grievance -- Obligation to grant admission forthwith in furtherance of Article 21A and Section 12(1)(c) of the Act.

(Paras 11-14)

***

NDPS -- Anticipatory bail -- Commercial quantity of opium recovered from co-accused – Implicated on the basis of supplementary disclosure statement of co-accused -- No previous involvement in NDPS cases -- Anticipatory bail granted.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 482 -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 18(c), 25, 29 and 37 -- Anticipatory bail -- Recovery of 5 kilograms of opium from co-accused travelling in truck owned by petitioner -- Petitioner not named in initial disclosure statements of co-accused and implicated only in supplementary disclosure statement -- State conceding absence of any evidence against petitioner apart from said supplementary disclosure statement -- No previous involvement in any NDPS case -- Petitioner entitled to anticipatory bail subject to statutory conditions.

(Paras 3, 6-8)

***

NDPS -- Anticipatory bail -- Summoning as additional accused -- Mere short-duration telephonic conversation with co-accused -- Custodial interrogation not necessary -- Anticipatory bail granted.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Sections 358 and 482 -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 25, 29 and 37 -- Anticipatory bail -- Petitioner summoned during trial as additional accused -- Investigating agency consistently finding no incriminating material against him and recommending discharge -- No recovery from petitioner and no evidence of supply, sale, transportation of contraband, profit-sharing or participation in conspiracy -- Mere solitary telephonic conversation of short duration with a co-accused -- Custodial interrogation held unwarranted -- Petitioner entitled to anticipatory bail subject to statutory conditions.

(Paras 3, 4)

***

Recruitment -- Terms of advertisement -- Reservation for Ex-servicemen -- Benefit admissible only at final selection stage -- Recruiting authority cannot apply reservation at preliminary examination stage contrary to advertisement.

***

A. Constitution of India, Articles 14 and 16 -- Recruitment -- Advertisement -- Reservation for Ex-servicemen (ESM/DESM) -- Clause providing that benefit of reservation shall be admissible at time of final selection list only and not at preliminary examination, main examination or interview stage -- Commission applying reservation and priority criteria at preliminary shortlisting stage -- Action contrary to express terms of advertisement and unsustainable -- Recruiting authority cannot alter, supplement or rewrite recruitment conditions after commencement of selection process -- Commission making priority list operational at stage of declaration of preliminary examination result -- Unsustainable.

(Paras 15-24)

B. Recruitment -- Interpretation of advertisement -- Literal construction -- Clause expressly restricting operation of reservation to final selection stage -- Recruiting authority cannot invoke object of reservation policy to defeat plain language of advertisement.

(Paras 22, 23)

***

Service Law -- Tenure appointment -- Curtailment of tenure -- Appointment for five years "or until further orders, whichever is earlier" -- No enforceable right to complete full tenure -- Judicial review confined to arbitrariness, mala fides, perversity or violation of natural justice.

***

A. Constitution of India, Article 311 -- Service Law -- ICAR employee -- ICAR being an autonomous society governed by its own rules and bye-laws -- Employees not holding civil posts under Union or State -- Protection under Article 311 unavailable.

(Para 9)

B. Service Law -- Tenure post -- Curtailment of tenure -- Appointment for five years or until further orders, whichever earlier -- Competent authority retaining power to curtail tenure before expiry -- Employee acquiring no enforceable right to continue for full tenure period.

(Para 10)

C. Service Law -- Judicial review -- Scope -- Review confined to legality of decision-making process and not merits of administrative assessment -- Courts not to act as appellate authorities over performance evaluation.

(Paras 10, 17)

D. Service Law -- Stigmatic order -- Curtailment of tenure based on Annual Assessment Reports describing performance as "unsatisfactory" and "below average" -- Remarks reflecting assessment of suitability and not misconduct -- Order not stigmatic and not attracting disciplinary safeguards.

(Paras 13, 14)

E. Service Law -- Annual Assessment Reports -- Adverse remarks -- Delayed communication -- Employee afforded opportunity to submit representations -- No consequential prejudice established -- Administrative action based on such AARs not liable to interference.

(Para 14)

F. Service Law -- Mala fides -- Allegation that action was retaliatory -- Mala fides must be established by clear, cogent and specific material -- Cannot be inferred merely from chronology of events, surrounding circumstances or conjectures.

(Para 16)

***

Anticipatory Bail -- Cooperation with investigation -- Mere failure of accused to furnish answers satisfactory to Investigating Agency does not amount to non-cooperation -- Custodial interrogation held unnecessary -- Anticipatory bail granted.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 482 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 61(2), 318(4), 329(4), 336(3), 338, 340 and 351(2) read with Section 3(5) [Corresponding to Sections 120-B, 420, 448, 468, 467, 470 and 506 IPC] -- Anticipatory bail -- Property dispute involving rival agreements to sell -- Anticipatory bail declined by Sessions Court on ground of non-cooperation with investigation -- Petitioner had joined investigation pursuant to interim protection -- Mere inability or failure to answer queries of Investigating Agency regarding execution and attestation of disputed agreement cannot by itself constitute non-cooperation -- Cooperation means joining investigation and making oneself available to Investigating Agency -- Accused cannot be compelled to furnish self-incriminatory answers or statements not within her knowledge -- Custodial interrogation not warranted -- Anticipatory bail granted.

(Paras 11 to 13)

***

Anticipatory Bail -- Immigration fraud case -- Licensed immigration consultant -- No incriminating material connecting petitioner with alleged fraud -- Mere pendency of other criminal cases not by itself a ground to deny bail -- Anticipatory bail granted.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 482 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 316(2) and 318(4) [Corresponding to Sections 406 and 420 IPC] -- Immigration Act, 1983 (31 of 1983), Sections 10 and 24 -- Anticipatory bail -- Alleged immigration fraud -- Petitioner a duly licensed immigration consultant -- State failed to produce incriminating material connecting petitioner with alleged fraud -- Custodial interrogation not required -- Mere pendency of other criminal cases cannot by itself justify denial of bail -- Criminal antecedents may be considered, but evidence in each case must be assessed independently -- Anticipatory bail granted subject to conditions under Section 482(2) BNSS.

(Para 3)

***

Cancellation of Anticipatory Bail -- Bail once granted cannot be cancelled mechanically -- Absence of misuse of liberty, interference with investigation, tampering with evidence, intimidation of witnesses, absconding or other supervening circumstances -- No ground for cancellation of anticipatory bail.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Section 303(2) [Corresponding to Section 379 IPC] -- Cancellation of anticipatory bail -- Theft and unauthorized transfer of funds -- Bail already granted by Sessions Court -- No material showing misuse of liberty, interference with investigation, tampering with evidence, intimidation of witnesses, absconding or any other supervening circumstance after grant of bail -- Allegations capable of verification through documentary and electronic evidence -- Anticipatory bail not liable to be cancelled.

(Paras 14 to 18)