***

Partition suit -- Co-sharers reflected in the revenue record are not required to be impleaded where the suit relates to a constructed house situated in an abadi area and such co-sharers have no concern with the property in dispute.

***

A. Code of Civil Procedure, 1908 (V of 1908), Order 1 Rule 10 -- Impleadment of parties -- Necessary party -- Partition suit -- House situated in abadi area -- Other co-sharers reflected in Jamabandi having no concern with the house in dispute -- Merely because they are recorded as co-owners in the revenue record, they are not required to be impleaded as defendants for effective adjudication of the suit.

(Para 4)

B. Constitution of India, Article 227 -- Code of Civil Procedure, 1908 (V of 1908), Order 1 Rule 10 -- Supervisory jurisdiction -- Impleadment of parties -- Trial Court allowed impleadment of all co-sharers without appreciating the admitted nature of the suit property -- Order held not justified and set aside in exercise of supervisory jurisdiction.

(Para 4)

***

Rent laws -- A tenant cannot enlarge the scope of eviction proceedings by seeking impleadment of a third party inducted into possession without the landlord's consent or nay internal arrangements or arbitral disputes with such person.

***

A. Code of Civil Procedure, 1908 (V of 1908), Order 1 Rule 10 -- Impleadment of parties -- Necessary and proper party -- Plaintiff is dominus litis and cannot ordinarily be compelled to sue a person against whom no relief is claimed -- A person can be impleaded only if he is a necessary party, without whom no effective decree can be passed, or a proper party whose presence is necessary for complete and effective adjudication of the issues involved -- A stranger claiming an independent or collateral right cannot insist upon impleadment merely because his interest may incidentally be affected.

(Paras 5 to 7)

B. Code of Civil Procedure, 1908 (V of 1908), Order 1 Rule 10 -- Haryana Urban (Control of Rent and Eviction) Act, 1973 (11 of 1973), Section 13 -- Eviction petition -- Landlord and tenant -- Impleadment of third party -- Tenancy originally created in favour of petitioner -- Subsequent partnership deed, internal arrangement or arbitral award inter se partners cannot alter contractual relationship between landlord and tenant or compel landlord to implead a person whom he has never recognised as tenant -- Proposed party held neither necessary nor proper party.

(Paras 8 to 11)

C. Arbitration and Conciliation Act, 1996 (26 of 1996) -- Haryana Urban (Control of Rent and Eviction) Act, 1973 (11 of 1973), Section 13 -- Eviction petition -- Arbitral award between tenant with his partners -- Award determining rights and liabilities between partners inter se -- Does not bind landlord, who was not a party to arbitration -- Cannot modify or prejudice independent contractual rights arising under tenancy.

(Para 9)

D. Code of Civil Procedure, 1908 (V of 1908), Order 1 Rule 10 -- Haryana Urban (Control of Rent and Eviction) Act, 1973 (11 of 1973), Section 13 -- Eviction petition -- Impleadment -- Tenant cannot by his unilateral act of inducting a third person into possession without landlord's consent, compel the landlord to implead such person or enlarge the scope of eviction proceedings -- Inter se disputes between tenant and third party are alien to landlord's claim for eviction.

(Paras 10 & 11)

E. Constitution of India, Article 227 -- Supervisory jurisdiction -- Interference with discretionary orders -- Power under Article 227 confined to cases of jurisdictional error, patent illegality, perversity or manifest failure of justice -- High Court cannot exercise supervisory jurisdiction as an appellate court merely because another view is possible -- Order refusing impleadment under Order 1 Rule 10 CPC, being based on settled principles and free from jurisdictional error, calls for no interference.

(Paras 12 to 14)

***

Interrogatories are intended to secure admissions on material facts and not to satisfy curiosity or conduct a fishing enquiry; leave to administer them is discretionary and will not be granted unless necessary for fair adjudication or saving costs.

***

A. Code of Civil Procedure, 1908 (V of 1908), Order 11 Rules 1 & 2 -- Interrogatories -- Leave to administer interrogatories -- Not a matter of right -- Leave can be granted only where Court is satisfied that proposed interrogatories are necessary for fair disposal of the suit or for saving costs -- Every question cannot be permitted merely because it is framed as an interrogatory.

(Para 4)

B. Code of Civil Procedure, 1908 (V of 1908), Order 11 Rules 1 & 2 -- Interrogatories -- Scope and object -- Intended to obtain admissions regarding material facts directly in issue or relevant to matters in controversy -- Cannot be employed for a roving or fishing enquiry -- Cannot be used for collecting evidence, conducting advance cross-examination or eliciting facts having no nexus with determination of substantive issues.

(Para 5)

C. Code of Civil Procedure, 1908 (V of 1908), Order 11 Rule 2 -- Interrogatories -- Relevancy -- Proposed interrogatories sought to ascertain whether written statement signed by one defendant had been filed with authority and knowledge of other defendants -- Written statement admittedly presented through common counsel -- Such procedural aspect having no direct bearing on rights of parties or issues involved in the suit not a proper subject-matter for interrogatories -- Leave rightly refused.

(Paras 6 to 8)

D. Constitution of India, Article 227 – Leave to administer Interrogatories -- Supervisory jurisdiction -- Interference with discretionary orders -- Grant or refusal of leave to administer interrogatories is a matter of judicial discretion of the Trial Court -- High Court will not interfere unless discretion has been exercised arbitrarily, capriciously, perversely or contrary to settled legal principles -- Impugned order reflected due application of mind and suffered from neither jurisdictional error nor patent illegality -- No interference warranted.

(Paras 9 & 10)

***

Street vendors -- Relocation to vending zones must be accompanied by adequate public amenities.

***

A. Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (7 of 2014) -- Street vendors -- Relocation -- Vending zones must be fully operational with basic civic amenities and proper signage -- Authorities directed to issue smart cards to vendors, install CCTV cameras, maintain vendor database, provide public amenities and establish helpline to ensure safety, transparency and effective regulation.

(Paras 1, 6)

B. Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (7 of 2014), Section 11 & 20 -- Appeals and applications -- Expeditious disposal -- Pending applications/appeals to be decided within 60 days after affording opportunity of hearing -- Fresh applications/appeals to be decided within 30 days, subject to provisions of the Act and Bye-laws.

(Para 6)

C. Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (7 of 2014) -- Essential Service Providers -- Notification dated 17.07.2020 expanding definition of Essential Service Providers and extending vending hours beyond original Bye-laws -- Issued during COVID-19 pandemic -- Having outlived its purpose, notification quashed and earlier notification restored.

(Para 7)

***

Compromise decree -- Compromise must be in writing and signed by parties -- Counsel cannot bind client without express authority or exigent circumstances.

***

Code of Civil Procedure, 1908 (5 of 1908), Order 23 Rule 3 -- Compromise decree -- Validity -- Compromise must be in writing and signed by parties -- Signature of counsel without express authority or exigent circumstances is insufficient to bind party -- Voluntary consent of parties is mandatory -- Compromise decree passed without compliance with mandatory requirements of Order 23 Rule 3, not sustainable -- Decree rightly set aside.

(Paras 5.1 to 5.6)

***

Committal in complaint case -- Offence exclusively triable by Court of Session -- Section 244 has no application at pre-committal stage -- Magistrate is not required to record pre-charge evidence before committing case.

***

Code of Criminal Procedure, 1973 (2 of 1974), Sections 209 & 244 -- Complaint case -- Committal of case -- Offence exclusively triable by Court of Session -- Recording of pre-charge evidence under Section 244 -- Not mandatory -- Magistrate is only required to comply with Sections 207/208 and commit the case under Section 209 -- Section 244 has no application at pre-committal stage -- Magistrate is not required to hold inquiry or record prosecution evidence before committing case to Court of Session -- High Court erred in remanding matter for compliance with Section 244 -- Impugned order set aside.

(Paras 6, 9-14)

***

MACT -- Functional disability prevails over medical disability in determining just compensation.

***

Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Motor accident compensation -- Permanent disability -- Functional disability vis-à-vis medical disability -- Assessment of compensation -- Skilled worker -- Carpenter -- Amputation of right leg above knee -- Functional disability to be assessed with reference to nature of occupation and impact on earning capacity -- Carpenter unable to perform work requiring sitting position -- Functional disability assessed at 100% despite 70% permanent physical disability -- Accident occurred in November 2004, monthly income of skilled carpenter assessed at Rs.9,000/- -- Future prospects payable even in injury cases involving permanent disability -- Compensation towards prosthetic limb, future replacement and maintenance, attendant charges, transportation charges, loss of amenities and loss of income during laid-up period awarded -- Compensation enhanced from Rs.11,51,423/- to Rs.35,95,923/- with interest @ 6% per annum.

(Paras 5.2 to 10)

***

Adverse possession -- State cannot claim adverse possession over private property without acquisition or payment of compensation.

***

Constitution of India, Article 300-A -- Limitation Act, 1963 (36 of 1963), Article 65 -- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013), Sections 26 and 27 -- Adverse possession -- State as welfare State -- Suit for possession based on title -- Land utilised for distributary without acquisition -- Compensation not paid -- State cannot dispossess citizen of property except by authority of law -- Right to property a constitutional and human right -- State cannot perfect title by invoking doctrine of adverse possession over citizens' land -- Limitation under Article 65 not attracted where State remains in illegal possession without due process of law -- Land used for public purpose cannot be retained without payment of compensation -- Landowners entitled to fair market value with all statutory benefits by treating acquisition as deemed acquisition.

(Paras 17 to 26)

***

Defamation -- Truthful reporting/publication of an FIR cannot be criminalised merely because it affects the reputation of the person named therein.

***

Indian Penal Code, 1860 (45 of 1860), Sections 499, 500 & 120-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Criminal defamation -- Quashing of complaint -- Publication of news item based on First Information Report (FIR) -- Complaint made to police protected under Eighth and Ninth Exceptions to Section 499 -- Accurate and fair publication of contents of FIR does not constitute defamation -- Joint complaint by two complainants arising from same cause of action maintainable -- Editor not a necessary party where reporter himself authored the impugned publication -- Contents of FIR made to police protected and publication thereof by newspaper also protected -- -- Complaint, summoning order and consequential proceedings quashed.

(Paras 13 to 25)

***

Service Law -- Deputation -- Borrowing organisation liable to release leave salary and recover reimbursement from parent organisation.

***

Payment of Gratuity Act, 1972 (39 of 1972), Section 7(3-A) -- Jammu and Kashmir Civil Service Regulations, Schedule XVIII, Rule 12(a), Article 240-BB, 185-B -- Government Instructions -- Employee resigned after serving on deputation -- Gratuity and leave encashment withheld due to dispute between parent and borrowing organisations regarding liability -- Held, Rule 12(a) makes the parent organisation responsible for disbursement of leave-related benefits during deputation, while Government Instructions below Article 185-B require the borrowing organisation to sanction and initially release leave salary and thereafter seek reimbursement from the parent organisation -- Gratuity remains the exclusive liability of the parent organisation under Article 240-BB -- Administrative correspondence between departments cannot deprive an employee of statutory retiral benefits -- Delay in payment of gratuity attracts interest under Section 7(3-A) of the Payment of Gratuity Act at 10% per annum, while leave salary directed to carry 6% interest from the date of filing of the writ petition till realization.

(Paras 10 to 17)

***

Rejection of plaint -- Adverse Possession -- Whether property was privately partitioned and title perfected by adverse possession are triable issues not liable to be decided under Order VII Rule 11 CPC.

***

A. Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11(a) -- Limitation Act, 1963 (36 of 1963), Article 65 -- Title by adverse possession -- Rejection of plaint -- Cause of action -- Co-owners -- Plaint rejected on the ground that plaintiffs, being co-owners, could not claim title by adverse possession -- Plaint specifically pleaded private partition pursuant to an arbitral award and exclusive, open, peaceful, continuous and hostile possession since 1982, maturing into adverse possession in 1994 -- Whether the property stood privately partitioned and whether plaintiffs acquired title by adverse possession are triable issues involving mixed questions of fact and law requiring evidence -- While considering an application under Order VII Rule 11(a), Court is required to examine only the averments contained in the plaint and the documents relied upon by the plaintiffs to ascertain whether a cause of action is disclosed -- Even if the plea of adverse possession ultimately fails, the suit for permanent injunction to protect admitted possession remains maintainable -- A plaint cannot be rejected partially -- Order rejecting plaint set aside and matter remanded for trial.

(Paras 11 to 19)

B. Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11 – Rejection of plaint -- If it is shown from the averments made in the plaint and the documents relied upon by the plaintiff, which are to be taken as true at their face value, that the plaintiff would be entitled to a decree as prayed in the suit, the plea of a defendant for rejection of the plaint has to be turned down.

(Para 11)

C. Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11(a) – Rejection of plaint -- While dealing with an application under Order VII Rule 11 (a) of the Code of Civil Procedure, the courts have to determine whether the plaint discloses a cause of action by carefully scrutinizing the averments made in the plaint together with the documents relied upon by the plaintiffs.

(Para 11)

***

Prevention of Corruption Act -- Mere recovery of tainted money without proof of demand and acceptance cannot sustain conviction, and presumption under Section 20 does not arise.

***

A. Prevention of Corruption Act, 1988 (49 of 1988), Sections 7, 13(1)(d), 13(2) & 20 -- Indian Penal Code, 1860 (45 of 1860), Section 120-B -- Illegal gratification -- Demand and acceptance -- Criminal conspiracy -- Appeal against acquittal -- Respondents acquitted by High Court of offences under Sections 7 and 13 of the Prevention of Corruption Act read with Section 120-B IPC -- Mere recovery of tainted money held insufficient in absence of proof of demand and voluntary acceptance of illegal gratification -- Presumption under Section 20 arises only after foundational facts of demand and acceptance are established -- Prosecution failed to prove criminal conspiracy as there was no cogent evidence of meeting of minds between accused -- Withholding of material electronic evidence justified adverse inference against prosecution -- High Court's appreciation of evidence held to be a plausible view warranting no interference under Article 136 of the Constitution -- Appeals dismissed.

(Paras 11 to 37)

B. Indian Penal Code, 1860 (45 of 1860), Section 120-B -- Conspiracy cannot be inferred merely on the basis of suspicion or association and that there must be cogent material indicating meeting of minds between the accused persons -- To establish a charge of conspiracy, knowledge about indulgence in either an illegal act or a legal act by illegal means is necessary.

(Para 21)

***

Quashing of FIR -- Matrimonial dispute -- Mere matrimonial discord not sufficient to constitute offence under Section 498-A IPC -- Proceedings quashed.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Indian Penal Code, 1860 (45 of 1860), Sections 498-A, 406 & 34 -- Quashing of FIR -- Divorce by mutual consent -- Absence of allegations of dowry demand or statutory cruelty -- Mere matrimonial discord not sufficient to constitute offence under Section 498-A IPC -- Allegations that the complainant was not taken back to the matrimonial home and that the matrimonial house was subsequently sold did not disclose the essential ingredients of the offence punishable under Section 498-A IPC -- Parties had categorically stated before the Family Court that nothing remained due or payable inter se after dissolution of marriage -- Inherent jurisdiction under Section 528 BNSS can be exercised even after filing of the charge-sheet where continuation of criminal proceedings would amount to abuse of the process of Court and would not serve the ends of justice -- Proceedings quashed.

(Paras 16 to 24)

***

Section 304 Part II IPC -- Sentence -- Culpable homicide not amounting to murder -- Long lapse of time -- Period already undergone -- Conviction maintained -- Sentence modified.

***

Indian Penal Code, 1860 (45 of 1860), Sections 304 & 34 -- Sentence -- Alteration of sentence – Conviction under Section 304/34 IPC for causing death during a sudden altercation by pushing the deceased into a dry canal -- Evidence disclosed that fatal injuries were sustained due to the fall into the rock-bed canal and not by the alleged stone blows -- Case fell under Part II of Section 304 IPC as the act was committed with the knowledge that it was likely to cause death but without any intention to cause death or such bodily injury as was likely to cause death -- Incident occurred in 1997 -- Appellant was over 60 years of age by the time of disposal of appeal and had already undergone imprisonment for more than one and a half years -- Considering the prolonged lapse of nearly three decades, age of the appellant and overall facts and circumstances, while maintaining the conviction, substantive sentence reduced to the period already undergone.

(Paras 11 to 18)

***

Electrocution death -- Absolute liability -- Electricity transmission company liable irrespective of negligence of deceased -- Compensation upheld.

***

Code of Civil Procedure, 1908 (V of 1908), Section 96 -- Electricity -- Electrocution -- Compensation -- Electricity transmission company -- Death due to electrocution from high-voltage transmission line passing through tree branches -- Defence of contributory negligence rejected -- Electricity being an inherently hazardous activity, electricity company under statutory obligation to maintain transmission lines and ensure public safety -- Principle of absolute liability applicable -- Liability to compensate not dependent upon proof of negligence and cannot be avoided by alleging negligence of deceased -- Decree awarding compensation upheld and appeal dismissed.

(Paras 9 to 16)

***

Dowry harassment -- Cognizance under Section 319 Cr.P.C. -- General and omnibus allegations against sister-in-law (Jethani) -- Mere relationship with husband not sufficient to sustain cognizance in absence of specific allegations -- Cognizance quashed.

***

Code of Criminal Procedure, 1973 (2 of 1974), Section 319 -- Indian Penal Code, 1860 (45 of 1860), Sections 498A, 406 & 323 -- Dowry Prohibition Act, 1961 (28 of 1961), Sections 4 & 6 -- Cognizance -- Matrimonial dispute -- Sister-in-law (Jethani) summoned under Section 319 Cr.P.C. after police filed charge-sheet only against husband -- Petitioner residing separately and no material showing involvement in demand of dowry or matrimonial affairs -- Allegations against petitioner found to be general, vague and omnibus -- No specific overt act attributed showing cruelty, harassment or demand of dowry -- Mere relationship with husband not sufficient to prosecute in absence of specific allegations -- Order taking cognizance and revisional order quashed.

(Paras 9 to 13)

***

NI Act -- Suspension of sentence -- Deposit of 20% compensation -- Requirement not absolute -- Appellate Court must exercise judicial discretion and consider exceptional circumstances before imposing condition of deposit.

***

Negotiable Instruments Act, 1881 (26 of 1881), Section 148 -- Suspension of sentence -- Appeal against conviction under Section 138 -- Deposit of 20% of compensation -- Appellate Court directed appellant to deposit 20% of compensation while suspending sentence without examining whether the case fell within the exceptions recognised by the Supreme Court and the Division Bench of the High Court -- Requirement of deposit under Section 148 is not absolute and may be reduced below 20% or waived altogether in exceptional circumstances by assigning reasons -- Failure to exercise judicial discretion rendered the impugned order unsustainable -- Matter remanded to the Appellate Court for fresh consideration after affording opportunity to the appellant to establish exceptional circumstances warranting reduction or waiver of deposit.

(Paras 5 & 6)

***

Pay Commission -- National Health Mission (NHM) employees -- 7th Pay Commission -- Denial of revised pay scales despite approved Service Bye-laws and parity with HSSPP employees held arbitrary -- Revision of pay scales with arrears and interest directed.

***

Constitution of India, Articles 14, 16, 226 & 227 -- National Health Mission (NHM) -- Contractual employees -- 7th Pay Commission -- Legitimate expectation -- Service Bye-laws, 2018 -- Contractual NHM employees claimed revised pay scales under the 7th Pay Commission on the basis of approved Service Bye-laws framed on the pattern of Haryana School Shiksha Pariyojana Parishad (HSSPP) -- State had already extended benefits of the 6th Pay Commission under the same framework -- Having consistently implemented the Service Bye-laws and maintained parity, State could not arbitrarily deny revised pay scales under the 7th Pay Commission -- Administrative delay or inter-departmental indecision could not defeat rights flowing from approved Service Bye-laws -- Denial of revised pay scales held arbitrary, discriminatory and violative of Articles 14 and 16 -- State, being a model employer, could not approbate and reprobate after acting upon the Bye-laws for years -- Respondents directed to grant revised pay scales under the 7th Pay Commission with effect from 01.01.2016, together with arrears restricted to 38 months preceding institution of the writ petitions and interest @ 6% per annum.

(Paras 20 to 39)

***

Sentence -- Forgery -- Use of forged document in judicial proceedings -- Principle of proportionality -- Long lapse of time -- Absence of criminal antecedents -- Conviction maintained -- Sentence reduced to period already undergone.

***

Indian Penal Code, 1860, Sections 420, 467, 468 & 471 -- Sentence -- Appellant convicted for producing forged land rights document to furnish surety in bail proceedings -- Though offences involving use of forged documents before Court are serious and undermine the administration of justice, sentence must satisfy the principle of proportionality -- Occurrence of 2014 -- Appellant faced criminal proceedings for over a decade -- No criminal antecedents or subsequent involvement in similar offences -- Forged document detected at the threshold without causing irreversible pecuniary or proprietary consequences -- Appellant had already undergone more than two years' incarceration -- Conviction maintained -- Substantive sentence reduced to period already undergone -- Fine maintained.

(Paras 17 to 27)

***

Specific performance – Unexplained delay -- Mere filing of suit within limitation not sufficient for specific performance -- Readiness and willingness mandatory.

***

A. Specific Relief Act, 1963 (47 of 1963), Section 16(c) -- Specific performance -- Continuous readiness and willingness -- Delay in filing suit -- Plaintiff failed to establish availability of balance sale consideration during the relevant period, as the Fixed Deposit Receipts relied upon were created several years after institution of the suit -- Suit for specific performance filed after two years and nine months from refusal though within the prescribed period of limitation -- Held, continuous readiness and willingness is a condition precedent for grant of specific performance and mere filing of the suit within limitation does not entitle a plaintiff to equitable relief -- Unexplained delay coupled with failure to prove financial readiness disentitled plaintiff to decree for specific performance.

(Paras 29 to 44)

B. Specific Relief Act, 1963 (47 of 1963), Section 16(c) -- Specific performance -- Readiness and willingness -- Readiness refers to the financial capacity, while willingness reflects the conduct and intention of the party seeking enforcement of the contract -- Both conditions must be established cumulatively for grant of a decree for specific performance.

(Para 30)

***

Second appeal -- High Court cannot substitute decree for mandatory injunction with compensation in absence of pleadings or consent.

***

Code of Civil Procedure, 1908 (V of 1908), Section 100 and Order 21 -- Mandatory injunction -- Removal of encroachment -- Modification of decree -- Scope of second appeal -- Trial Court decreed removal of illegal encroachment and lintel, which was affirmed in first appeal -- High Court, instead of deciding the second appeals on merits, set aside the decrees and directed the Executing Court to assess the value of the construction and grant monetary compensation to the plaintiffs in lieu of removal of encroachment -- Held, in absence of any prayer for damages or compensation and without consent of the plaintiffs, the High Court could not compel acceptance of monetary compensation in substitution of the decree for mandatory injunction -- Executing Court could not be directed to undertake valuation without any decree authorising such exercise under Order XXI CPC -- Impugned judgment set aside and matter remanded to the High Court for fresh consideration in accordance with Section 100 CPC.

(Paras 5 and 6)

***

Regular bail -- Attempt to murder -- Mere lalkara without attribution of injury -- Bail granted.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Sections 109(1), 115(2), 126(2), 3(5), 54 and 351(3) -- Regular bail -- Attempt to murder -- Sole allegation against petitioner was that he raised a lalkara, pursuant to which co-accused allegedly inflicted a hockey blow on the head of the victim -- No injury attributed to petitioner -- Petitioner in custody since 20.03.2026 -- Investigation complete and challan presented -- Petitioner had clean antecedents and was not involved in any other criminal case -- Held, further custodial detention not warranted -- Bail granted.

(Paras 2 to 7)

***

MACT -- Assessment of income on educational and professional prospects upheld -- Parents of unmarried deceased entitled to filial consortium.

***

Motor Vehicles Act, 1988 (59 of 1988), Sections 166 and 140 -- Compensation in fatal accident claim -- Assessment of income -- Deceased was pursuing CA (Final) and undergoing articleship -- Though actual stipend ranged between Rs.3,595/- and Rs.14,410/- per month, Tribunal assessed monthly income at Rs.55,500/- by considering educational advancement, professional prospects and likely career progression -- High Court rightly upheld such methodology -- Supreme Court held that determination of just compensation is not a matter of mathematical precision and further enhancement cannot rest on speculation regarding future professional success -- Parents of deceased unmarried son held entitled to filial consortium of Rs.40,000/- each under conventional heads -- Compensation enhanced from Rs.81,21,900/- to Rs.82,01,900/-.

(Paras 19 to 30)

***

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)