***

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hospital -- Genuine medical claims cannot be defeated by technicalities, restrictive reimbursement policies or outdated norms.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)

NDPS -- Anticipatory Bail -- Recovery of non-commercial quantity of heroin effected from co-accused -- Implication based on disclosure statement of co-accused -- Anticipatory bail granted.

***

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 21(b) and 27(a) -- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 482 -- Anticipatory bail -- Recovery of 9.5 grams heroin effected from co-accused -- Petitioner implicated on basis of disclosure statement of co-accused -- Recovered contraband is non-commercial quantity -- Custodial interrogation not required -- Anticipatory bail granted subject to joining investigation and compliance with conditions under Section 482(2) BNSS.

(Paras 3 and 4)

***

Anticipatory Bail -- Property dispute founded on agreement to sell and rival ownership claims -- Matter predominantly civil and based on documentary evidence -- 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 318 and 61 [Corresponding to Sections 420 and 120-B IPC] -- Anticipatory bail -- Cheating and criminal conspiracy -- Dispute arising from competing claims over immovable property based on agreement to sell, mutation and registered Will -- Controversy substantially founded on documentary evidence and already subject matter of civil proceedings -- Custodial interrogation not required -- Anticipatory bail granted subject to conditions under Section 482(2) BNSS.

(Paras 3 and 4)

***

SARFAESI -- Auction sale -- Non-compliance with Rule 9 -- Payment of sale consideration beyond prescribed period without written extension -- Sale liable to be set aside.

***

A. Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), Sections 13(4) and 13(8) -- Security Interest (Enforcement) Rules, 2002, Rules 8 and 9(3), (4) and (5) -- Auction sale -- Successful bidder required to deposit 25% of sale price immediately and balance consideration within 15 days of confirmation of sale or within such extended period as may be agreed in writing -- Requirements mandatory and go to root of validity of sale -- Balance 75% of bid amount paid beyond prescribed 15-day period -- No written agreement extending time between secured creditor and auction purchaser -- Sale stands vitiated and liable to be set aside -- Subsequent confirmation of sale cannot cure statutory non-compliance.

(Paras 25-42)

B. Security Interest (Enforcement) Rules, 2002, Rule 9(4) -- Auction sale -- Extension of time -- Written agreement -- Extension of time for payment of balance sale consideration must be founded on written agreement between parties -- Waiver or extension cannot be presumed in absence of material on record.

(Paras 32, 33)

C. Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), Sections 13(4) and 13(8) – Security Interest (Enforcement) Rules, 2002, Rule 8, 9(3), (4) and (5) – Auction sale set aside for statutory non-compliance – Auction purchaser entitled to refund of entire bid amount with interest @ 7% per annum from dates of deposit till payment.

(Para 42)

D. Constitution of India, Article 142 -- Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), Sections 13(4) and 13(8) -- Security Interest (Enforcement) Rules, 2002, Rules 8 and 9(3), (4) and (5) -- Auction sale -- Balance 75% of bid amount paid beyond prescribed 15-day period – Auction sale set aside for statutory non-compliance -- Legal heir of guarantor granted one-time opportunity to redeem mortgage upon payment of dues.

(Paras 43 to 46)

***

IBC -- Limitation -- Appeal to Supreme Court -- Statutory period of 45 days extendable by maximum 15 days on sufficient cause being shown -- Outer limit of 60 days absolute -- Defective appeal must be cured within 28 days of notification by Registry -- Upon expiry of such period, no question of condonation of re-filing delay arises and the right of appeal stands extinguished.

***

A. Insolvency and Bankruptcy Code, 2016 (31 of 2016), Section 62(1) and (2) -- Limitation -- Appeal to Supreme Court -- Statutory period of 45 days extendable by maximum 15 days on sufficient cause being shown -- Outer limit of 60 days absolute -- Court has no jurisdiction to condone delay beyond such period.

(Paras 4, 5, 8, 9, 25)

B. Insolvency and Bankruptcy Code, 2016 (31 of 2016), Section 62 -- Supreme Court Rules, 2013, Order VIII Rule 6(3) and (4) -- Defective appeal -- Re-filing delay -- Appeal filed with defects must be cured within 28 days of notification by Registry -- Upon expiry of such period, no question of condonation of re-filing delay arises and the right of appeal stands extinguished -- Supreme Court Rules, being subordinate legislation, cannot override the strict timelines prescribed by the IBC.

(Paras 15-18, 25-28)

***

Territorial jurisdiction -- Writ petition -- Dismissal from service -- Union of India and Director General, BSF situated in Delhi -- Delhi High Court has jurisdiction.

***

A. Border Security Force Act, 1968 (47 of 1968), Sections 4 and 5 -- Border Security Force Rules, 1969, Rules 22 and 28A -- Constitution of India, Article 226(1) and (2) -- Territorial jurisdiction -- CAPF personnel -- Dismissal from service -- Union of India and Director General, BSF being necessary parties located in Delhi -- Delhi High Court has jurisdiction to entertain writ petition challenging dismissal from service notwithstanding that cause of action arose outside Delhi.

(Paras 17, 21, 27, 33, 34)

B. Constitution of India, Article 226 -- Forum non conveniens -- Doctrine ordinarily not attracted where writ jurisdiction is invoked under Article 226(1) based on situs of respondent authorities -- Availability of a more convenient forum or accrual of cause of action elsewhere does not by itself justify refusal to exercise jurisdiction -- Application of the doctrine in such cases may impede access to justice.

(Paras 35 to 37)

***

Approver -- Evidentiary value -- Corroboration -- Conviction may rest on uncorroborated testimony of an approver if Court finds it trustworthy -- Requirement of corroboration is a rule of prudence and not a mandatory rule of law.

***

Approver -- Credibility -- Self-exculpatory testimony -- Mere attribution of a lesser role to oneself does not render approver evidence unreliable.

***

Criminal conspiracy -- Conspirator is liable for every reasonably foreseeable crime committed in reference to common intention of conspirators.

***

Defect in charge -- Failure of justice -- Conviction not vitiated where accused was aware of case against him and suffered no prejudice.

***

Sentence -- Life imprisonment -- Conversion to period already undergone -- Long incarceration and remission granted to co-convicts considered.

***

A. Indian Evidence Act, 1872 (1 of 1872), Sections 133 and 114 Illustration (b) -- Approver -- Evidentiary value -- Corroboration of approver's testimony -- Accomplice is a competent witness and conviction is not illegal merely because it proceeds on uncorroborated testimony -- Requirement of corroboration is a rule of prudence and not a mandatory rule of law-- Court may rely upon uncorroborated approver evidence where it is satisfied that such evidence is trustworthy and safe to act upon and records reasons for such satisfaction -- Corroborative evidence, where considered necessary, may be direct or circumstantial and need not independently prove every material circumstance against accused -- However, corroboration must ordinarily emanate from independent sources and testimony of one approver cannot ordinarily be used to corroborate another approver.

(Para 24-29)

B. Indian Evidence Act, 1872 (1 of 1872), Sections 133 and 114 Ill. (b) -- Approver -- Credibility -- Testimony not wholly exculpatory -- Approver admitting participation in crime though not inflicting fatal injuries -- Held, testimony cannot be discarded merely because approver attributes a greater role to co-accused -- What is material is full and truthful disclosure of occurrence and participation in crime.

(Paras 34 to 39)

C. Code of Criminal Procedure, 1973, Section 464 -- Charge -- Omission or irregularity -- Conviction challenged on ground that specific charge was not properly framed against accused -- Record showing accused was aware of allegations, claimed trial and cross-examined witnesses on relevant issues -- Held, mere defect, omission or irregularity in framing charge does not vitiate conviction unless failure of justice is demonstrated -- No prejudice having been caused, conviction sustained.

(Paras 41 to 43)

D. Indian Penal Code, 1860 (45 of 1860), Sections 120-B, 396, 302 -- Criminal conspiracy -- Scope of liability -- Agreement to commit dacoity and steal truck -- Driver and cleaner murdered during execution of plan -- Accused claiming non-participation in actual killings -- Held, conspirator is liable for every reasonably foreseeable crime committed in reference to common intention of conspirators -- Murder of victims while forcibly taking possession of truck was a foreseeable consequence of conspiracy -- Conviction for conspiracy to commit murder upheld.

(Paras 50 to 55)

E. Indian Penal Code, 1860 (45 of 1860), Sections 120-B, 396, 302 --  Dacoity – Murder -- Sentence -- Accused not direct assailant, incident pertaining to year 1984, co-convicts granted remission and accused having undergone more than 18 years' imprisonment -- Held, sentence of imprisonment for life deserved modification to period already undergone while maintaining conviction -- Release directed if not required in any other case.

(Paras 57 to 62)

***

Quashing of FIR -- Delay of about 23 years in setting criminal law in motion despite knowledge of alleged forgery and fraudulent transaction -- Absence of satisfactory explanation -- Criminal proceedings amounting to abuse of process.

***

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Indian Penal Code, 1860 (45 of 1860), Sections 420, 467, 468, 471 and 506 -- Quashing of FIR -- Allegation of forged Power of Attorney and fraudulent sale deed -- Complainant had already instituted civil suit in year 2001 challenging same Power of Attorney and sale deed -- FIR on identical allegations lodged only in year 2024 -- Held, where complainant had knowledge of alleged offence for about 23 years and failed to furnish satisfactory explanation for such extraordinary delay, continuation of criminal proceedings would amount to abuse of process of law -- FIR and all consequential proceedings quashed.

(Paras 23, 26 to 28)

B. Code of Criminal Procedure, 1973, Section 482 -- Constitution of India, Article 226 -- Quashing of proceedings -- Civil and criminal remedies based on same cause of action -- Simultaneous remedies -- Held, civil and criminal proceedings may simultaneously lie on same set of facts, but where criminal proceedings are initiated after an unreasonable and unexplained delay following institution of civil proceedings, Court must examine whether criminal law is being invoked bona fide or merely as a pressure tactic -- Frustrated litigants cannot be permitted to use criminal process as weapon of harassment, vengeance or coercion.

(Paras 23, 24, 27)

***

Land Acquisition -- Compensation -- Industrial land -- Market value -- Residential plot sale deed from adjoining village cannot be adopted as comparable exemplar -- Section 26(1)(b) requires determination of average sale price from multiple sale instances of similar land -- Reliance on single sale deed of dissimilar land constitutes patent illegality -- Ready Reckoner rate under Section 26(1)(a) held applicable.

***

National Highways Act, 1956 (48 of 1956), Section 3G -- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013), Section 26(1)(a) and (b) -- Arbitration and Conciliation Act, 1996 (26 of 1996), Section 34(2A) -- Acquisition for National Highway -- Acquired land used for industrial purpose -- Arbitrator enhanced compensation on basis of a single sale deed relating to residential land in adjoining village -- Held, residential land and industrial land are not lands of "similar type" within meaning of Section 26(1)(b) -- Average sale price cannot be determined on basis of a solitary sale exemplar -- Award ignoring statutory methodology prescribed under Section 26 amounted to patent illegality -- Compensation liable to be determined on Ready Reckoner value under Section 26(1)(a) -- High Court restoring arbitral award set aside.

(Paras 10 to 13)

***

Medical Reimbursement -- Life-saving treatment -- Intravascular Lithotripsy (IVL) -- Denial of reimbursement on ground procedure not covered under package rates held unsustainable -- Full reimbursement directed.

***

Constitution of India, Articles 21, 226 and 227 -- Haryana Government Medical Reimbursement Policy dated 14.07.2020 -- Medical reimbursement -- Critical coronary artery disease -- Petitioner underwent Rotablation and Intravascular Lithotripsy (IVL) as medically necessary life-saving procedure for heavily calcified coronary blocks -- State declining reimbursement on ground that IVL was not covered under prescribed package rates and constituted a non-package procedure -- Necessity of treatment, genuineness of medical bills and life-saving nature of procedure not disputed -- IVL held to be a specialised form of angioplasty and not a routine consumable -- Hyper-technical interpretation of reimbursement policy defeating its welfare objective impermissible -- State cannot accept medical necessity of treatment and simultaneously deny reimbursement on technical grounds -- Petitioner held entitled to reimbursement of entire medical expenses with interest @ 6% per annum, from the date it became due till the date of actual realization.

(Paras 6-18)

***

Quashing of FIR -- Proceedings under S.174-A IPC / S.209 BNS -- Original complaint under S.138 NI Act withdrawn pursuant to settlement -- Continuation of proceedings held abuse of process -- FIR and proclamation order quashed.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Section 209 -- Indian Penal Code, 1860 (45 of 1860), Section 174-A -- Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Quashing of FIR -- Petitioner declared proclaimed person/ offender in proceedings arising out of complaint under S.138 NI Act -- FIR registered under S.174-A IPC (now S.209 BNS) -- Original complaint under S.138 NI Act withdrawn by complainant after settlement and receipt of full and final payment -- Continuation of proceedings under S.174-A IPC/S.209 BNS held to be abuse of process of law -- Inherent powers under S.528 BNSS invoked to secure ends of justice -- Order declaring petitioner proclaimed person and FIR under S.174-A IPC/S.209 BNS along with consequential proceedings quashed.

(Paras 5-10)

***

Regular Bail -- Illicit liquor -- 301 boxes of illicit liquor amounting to 2,600 litres -- Charge-sheet filed -- Offence triable by Judicial Magistrate First Class -- Bail granted.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 111(1), 318(4), 336(3), 337 and 338 -- Madhya Pradesh Excise Act, 1915 (II of 1915), Section 34(2)  -- Regular bail -- Alleged possession of 301 boxes of illicit liquor amounting to 2,600 litres -- Petitioner in custody since 22.02.2026 -- Charge-sheet already filed -- Offence triable by Judicial Magistrate First Class -- Further custodial detention not considered necessary in facts and circumstances of case -- Petitioner directed to be released on bail on such terms and conditions as may be imposed by Trial Court.

(Paras 1-3)

***

Regular Bail -- Cheating -- Prolonged detention pending trial -- Bail granted subject to verification of criminal antecedents.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 61(2), 316(2) and 318(4) -- Regular bail -- Allegations of cheating and criminal conspiracy -- Charges framed and trial commenced -- Prosecution proposing to examine 14 witnesses -- Evidence of only 2 witnesses recorded till date -- Trial likely to take considerable time to conclude -- Further detention of accused pending trial held unnecessary having regard to overall facts and nature of allegations -- Bail granted -- Release, however, made subject to verification of criminal antecedents by trial Court -- Order of bail to cease automatically if criminal antecedents are found.

(Paras 5-14)

***

SARFAESI -- Secured asset -- Physical possession -- Non-compliance of District Magistrate's order -- Mandamus issued for implementation.

***

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), Section 14 -- Constitution of India, Article 226 -- Secured asset -- Physical possession -- Order under S.14 passed by District Magistrate for taking possession of secured asset -- Physical possession not delivered despite lapse of more than two and a half months -- Writ petition seeking implementation of said order -- Competent authority directed to execute and comply with the order under S.14 within 60 days from communication of Court's order, unless any legal impediment exists.

(Paras 2, 5)

***

NDPS – Regular bail --  Commercial quantity -- Parity with co-accused already enlarged on bail and prolonged pre-trial custody are relevant considerations – Bail allowed.

***

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 22, 29 and 37 -- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Regular bail -- Commercial quantity of Carisoprodol and Tramadol tablets -- Petitioner implicated during investigation -- Co-accused similarly situated already enlarged on bail -- State not disputing parity -- Petitioner in custody since 11.06.2025 -- Trial likely to take considerable time -- Ratio of Mohd Muslim @ Hussain v. State (NCT of Delhi), 2023 LiveLaw (SC) 260 applied -- Rigours of S.37 considered in light of prolonged incarceration and likely delay in trial -- Petitioner entitled to bail on grounds of parity and continued custody -- Regular bail granted.

(Paras 5-8)

***

Anticipatory Bail -- Documentary evidence -- Cooperative Society -- Alleged non-deposit of amounts collected from members and misuse of signed cheques -- Bail granted.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 482 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Section 316 -- Anticipatory bail -- Allegation that petitioner, while functioning as Secretary of Cooperative Society, received amounts from members for clearance of KCC loan accounts and failed to deposit same with Society and misused signed cheques of members -- Petitioner alleging false implication on account of internal disputes in Society -- Case primarily based on documentary evidence -- Petitioner willing to join and cooperate in investigation -- No cogent reason found to deny protection from arrest -- Anticipatory bail granted.

(Paras 3 and 4)

***

Revenue Proceedings -- Pending revision -- Interim protection granted to preserve subject matter till consideration of revision.

***

Constitution of India, Articles 226 and 227 -- Revenue Law -- Revision pending before Commissioner -- Warrant of possession issued and fixed for execution -- Petitioner apprehending irreparable loss before adjudication of revision and interim application -- High Court directed revisional authority either to decide revision petition finally or consider interim prayer by preponing date of hearing after notice to parties -- Execution of warrant of possession ordered to remain in abeyance till decision of revision petition or interim application.

(Paras 2 and 5)

***

MACT – Assessment of Income -- In absence of documentary proof, realistic assessment based on nature of work, prevailing minimum wages and surrounding circumstances permissible.

***

MACT – Medical Expenses -- Strict proof of every expenditure not necessary where prolonged treatment established.

***

MACT -- Interest awarded by Tribunal @ 7.5% per annum held not just and equitable -- Enhanced to 9% per annum from date of claim petition till realization, and to 12% per annum in case of default in payment within three months.

***

A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Fatal accident claim -- Assessment of compensation -- Deceased aged 34 years -- Claimants failed to produce documentary proof of income -- Tribunal assessed income at Rs.4,200/- per month -- Held, in absence of documentary proof of income, Court may make realistic assessment having regard to nature of avocation, prevailing minimum wages and surrounding circumstances -- Income reassessed at Rs.5,000/- per month -- Addition of 40% towards future prospects, deduction of one-fourth towards personal expenses and multiplier of 16 applied -- Tribunal awarded Rs.6,49,800/- -- Claimants entitled to spousal, parental and filial consortium -- Compensation under conventional heads and medical expenses enhanced -- Total compensation recomputed at Rs.13,36,000/- -- Enhanced compensation of Rs.6,86,200/- awarded.

(Paras 6-11)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Medical expenses -- Tribunal awarding Rs.25,000/- on basis of bills produced -- Evidence showing deceased remained under treatment for considerable period -- Held, strict insistence on production of every bill, receipt or voucher would be unrealistic -- Compensation towards medical and allied expenses enhanced to Rs.1,00,000/-.

(Para 9)

C. Motor Vehicles Act, 1988 (59 of 1988), Section 171 -- Interest -- Tribunal awarding interest @ 7.5% per annum -- Held, rate awarded neither just nor equitable -- Interest enhanced to 9% per annum from date of institution of claim petition till realization -- In default of payment within three months, compensation to carry interest @ 12% per annum from expiry of said period till actual payment.

(Para 11)

***

MACT – Contributory Negligence -- Absence of driving licence by itself does not establish contributory negligence.

***

MACT – Interest -- Enhanced from 7.5% to 9% per annum as rate awarded by Tribunal held not just and equitable.

***

A. Motor Vehicles Act, 1988, Section 166 -- Contributory negligence -- Deceased not possessing valid driving licence -- Tribunal attributing 30% contributory negligence solely on ground of non-possession of licence -- Eye-witness, FIR and police report establishing that offending motorcycle came on wrong side and caused accident -- No evidence that deceased contributed to occurrence -- Mere absence, fake or invalid driving licence does not by itself establish negligence nor justify finding of contributory negligence unless nexus between absence of licence and accident is proved -- Finding of 30% contributory negligence set aside -- Accident held to have occurred solely due to rash and negligent driving of offending vehicle.

(Paras 6-6.2)

B. Motor Vehicles Act, 1988, Section 166 -- Fatal accident claim -- Assessment of compensation -- Monthly income assessed on basis of minimum wages in absence of documentary proof of earnings -- Deceased aged 35 years leaving behind six dependents -- Addition of 50% towards future prospects, deduction of one-fourth towards personal expenses and application of multiplier of 16 upheld -- Claimants entitled to consortium, funeral expenses and loss of estate in accordance with settled principles -- Compensation reassessed at Rs.13,17,600/- as against Rs.7,44,520/- awarded by Tribunal.

(Paras 7-10)

C. Motor Vehicles Act, 1988, Sections 166 and 171 -- Interest -- Tribunal granting interest @ 7.5% per annum -- Held, rate not just and equitable -- Interest enhanced to 9% per annum from date of institution of claim petition till realization -- In default of payment within three months, enhanced compensation to carry interest @ 12% per annum thereafter.

(Para 11)

***

FIR – Quashing -- Delay in lodging FIR by itself not a ground for quashing.

***

FIR – Quashing -- Allegation of political motivation not by itself a ground for interference at threshold.

***

A. Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), Section 528 -- Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), Sections 109(1), 127(2), 191(2), 308(5), 351(3) and 352 -- Quashing of FIR -- FIR lodged after 24 days of incident -- High Court quashed FIR solely on ground of delay -- Held, delay in lodging FIR, by itself and without anything more, cannot constitute a ground for quashing FIR at threshold -- Delay is a factor to be considered by Trial Court while appreciating evidence during trial -- At stage of quashing, Court is required to examine whether FIR discloses commission of cognizable offence and not to assess evidentiary value of delay -- Impugned order unsustainable -- FIR restored.

(Paras 9, 11, 14-16)

B. Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), Section 528 -- Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), Sections 109(1), 127(2), 191(2), 308(5), 351(3) and 352 -- Quashing of FIR -- Plea that FIR was politically motivated -- High Court while exercising quashing jurisdiction is required to consider nature of allegations and whether FIR discloses commission of cognizable offence -- Defence of political vendetta or ulterior motive cannot by itself justify quashing at nascent stage when allegations prima facie disclose commission of offences -- FIR restored.

(Para 12)

***

Ss. 164 and 165 BNSS -- Proceedings cannot be invoked to dispossess party found in actual possession -- Attachment order set aside.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Sections 164 and 165 (corresponding to Ss. 145 and 146 CrPC) -- Dispute concerning immovable property -- Proceedings under Ss. 164/165 maintainable only where dispute regarding actual possession likely to cause breach of peace exists -- Opposite parties found to be in actual possession of disputed shop and claiming tenancy -- Possession supported by police report and material on record -- Party in possession cannot be dispossessed through proceedings under Ss. 164/165 -- Remedy of owner/landlady lies in seeking eviction through due process of law before competent court -- Revisional Court rightly set aside attachment order passed by Magistrate -- Affirmed.

(Paras 23-25)

***

Recruitment -- Eligibility criteria -- Candidate must possess prescribed qualification on cut-off date specified in advertisement -- Qualification acquired after last date for submission of applications cannot be considered.

***

Constitution of India, Articles 14, 16, 226 and 227 -- Service Law -- Recruitment -- Eligibility -- Cut-off date -- Advertisement prescribing last date for submission of online applications as cut-off date for acquiring essential educational qualification -- Challenge to validity -- Candidate not possessing requisite educational qualification on prescribed cut-off date -- Subsequent acquisition of qualification held immaterial -- Fixation of cut-off date held neither arbitrary nor discriminatory, having rational nexus with certainty, uniformity and finality in recruitment process -- Terms of advertisement binding equally upon all candidates and not amenable to relaxation in favour of an individual applicant -- Writ petition dismissed.

(Paras 4 to 5)

***

Dowry death -- Mere proof that death occurred within seven years of marriage is insufficient -- Prosecution must establish that death was caused by burns, bodily injury or otherwise than under normal circumstances and that there existed a live and proximate link between dowry-related cruelty or harassment and the death.

***

A. Indian Penal Code, 1860 (45 of 1860), Sections 304-B and 498-A -- Indian Evidence Act, 1872 (1 of 1872), Section 113-B -- Dowry death -- Essential ingredients -- Death within seven years of marriage by itself not sufficient to attract Section 304-B IPC -- Prosecution required to prove that death was caused by burns, bodily injury or otherwise than under normal circumstances and that deceased was subjected to dowry-related cruelty or harassment soon before death -- Post-mortem report disclosed no injuries, viscera report ruled out poisoning and cause of death remained unascertained -- Ingredient relating to unnatural death held not proved -- Conviction under Sections 304-B and 498-A IPC set aside.

(Paras 12-22, 36-38)

B. Indian Penal Code, 1860 (45 of 1860), Sections 304-B and 498-A -- Indian Evidence Act, 1872 (1 of 1872), Section 113-B -- Dowry demand -- Mere demand for articles or valuables not amounting to dowry demand unless accompanied by cruelty or harassment connected therewith -- To invoke statutory presumption under Section 113-B, prosecution must establish a live and proximate nexus between death and dowry-related cruelty inflicted soon before death -- Vague allegations of demand unsupported by evidence of specific acts of cruelty or harassment held insufficient to sustain conviction.

(Paras 29-35)

C. Indian Penal Code, 1860 (45 of 1860), Sections 304-B and 498-A -- Indian Evidence Act, 1872 (1 of 1872), Section 113-B -- Presumption as to dowry death -- Expression "shown" occurring in Section 304-B IPC and Section 113-B Evidence Act requires foundational facts to be proved by prosecution before statutory presumption can arise -- Burden shifts to accused only after prosecution establishes unnatural death within seven years of marriage and cruelty or harassment for dowry soon before death.

(Paras 27-30)

***

NDPS – Appeal against conviction -- Vehicle confiscated upon conviction can be released on financial bonds during pendency of appeal -- No absolute statutory bar to interim release where State interest can be adequately protected by suitable safeguards.

***

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 51, 60 and 63 -- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 497 -- Appeal against conviction -- Confiscation of vehicle -- Interim release -- Final confiscation subject to outcome of appeal -- No absolute statutory bar against interim release of seized or confiscated vehicle -- Continued detention resulting in deterioration and depreciation of vehicle -- State interest adequately protected through valuation, inventory, photographs and financial bonds -- Registered owner entitled to interim release on furnishing security equivalent to market value of vehicle -- In the bonds, the applicant and the Guarantor shall undertake to pay to the State an amount equal to the truck’s current market value, along with interest at the rate of 6% per annum, compounded annually.

(Paras 10-18, 26-38)

***

Transfer of Patwari from one district to another after conversion of cadre into State Cadre cannot be interfered with merely on speculative apprehension regarding future service conditions.

***

Constitution of India, Art. 226 -- Service Law -- Transfer -- Patwari -- State Cadre -- Inter-district transfer -- Challenge to transfer on apprehension that future service conditions, pay or service interests may be adversely affected after joining transferred station -- Apprehension held misconceived and speculative -- Terms and conditions of service of Patwaris throughout State being identical even prior to cadre conversion -- No illegality in transfer from one district to another after constitution of State Cadre -- Any future adverse decision affecting service rights can be independently challenged at appropriate stage -- Transfer order upheld.

(Paras 7-9)

***

Claim for grant-in-aid arrears pertaining to 2008-2009, raised through writ petition in 2026, held barred by delay and laches -- Mere submission of representation does not revive stale claim -- Plea of continuing wrong held inapplicable where no amount became due within three years preceding institution of writ petition.

***

Constitution of India, Article 226 -- Writ jurisdiction -- Delay and laches -- Grant-in-aid -- Recovery of arrears allegedly due between 11-08-2008 and 31-03-2009 -- Writ petition filed in 2026 seeking release of amount with interest -- Mere submission of representation in 2025 not furnishing fresh cause of action -- Plea of continuing wrong rejected -- No amount having become due within three years before filing of writ petition, claim held hopelessly delayed -- Writ petition dismissed on ground of delay and laches.

(Para 3-8)

***

Right to travel abroad under Article 21, though a facet of personal liberty, is not absolute and must yield to competing considerations including the victim's right to speedy trial and the societal interest in effective administration of criminal justice.

***

A. Constitution of India, Article 21 -- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section  442 -- Right to travel abroad -- Pending criminal proceedings -- Scope and limitations -- Right to travel abroad forms part of personal liberty under Article 21 but is not absolute -- Must be balanced against victim's right to speedy trial and societal interest in effective administration of criminal justice -- While considering a request by an accused to travel abroad, courts are required to strike a balance between individual liberty and the need to ensure expeditious progress of criminal proceedings -- Conduct of accused, including institution of successive proceedings, securing interim protections and withdrawal of petitions without adjudication after obtaining interim relief, is a relevant consideration in assessing bona fides -- High Court, while exercising revisional jurisdiction, permitted accused to travel to USA primarily on medical grounds and previous appearances before trial court -- Availability of adequate medical treatment within India and the accused's overall conduct having not been duly considered, revisional order permitting foreign travel held unsustainable and set aside.

(Paras 8-13)

B. Passports Act, 1967 (15 of 1967) -- Passport -- Return of passport -- Magistrate directing release of passport while requiring separate permission for foreign travel -- Validity – Mere release of passport does not confer a right to travel abroad -- Accused permitted to retain passport but restrained from leaving India without prior permission of Sessions Court.

(Paras 11 -14)