Constitution of India, 1950—Articles 14, 16, 23; Equal Pay for Equal Work—Medical Education—Senior Residents Performing Duties of Assistant Professors—Senior Residents undergoing bonded service after completing DM/MCh courses and discharging the duties of Assistant Professors are entitled to the minimum pay scale of Assistant Professors—The principle of equal pay for equal work applies even to contractual employees and those under bonded service; deviation from this principle violates Articles 14 and 16—Regulations of 2019 and 2022 mandate appointment as Assistant Professors upon completion of DM/MCh—While appointment to the post requires a sanctioned vacancy, lower remuneration during bonded service despite performing higher duties may constitute forced labour under Article 23, and the government...

Unlawful Activities (Prevention) Act, 1967—Section 44(2)—Protection of Witnesses—Under Section 44(2) UAPA, the power of the court to issue witness protection orders is contingent upon satisfaction that the life of a witness is in danger, based on available materials—The court must record its satisfaction, apply its mind to the evidence, give brief reasons for secrecy measures, and consider each witness individually—Orders issued by Special Courts without recording satisfaction of danger, without application of mind to materials, without reasons, or without individualized consideration are unsustainable—Redaction of documents and treating witnesses as protected must satisfy these criteria; failure to do so renders such orders liable to be set aside—If a witness’s identity is already revealed,...

Essential Commodities Act, 1955—Sections 3(1), 6A, 6A(2), 6A(3)(c), 6C(2)—Confiscation of Goods—Acquittal—Entitlement to Price and Interest—The entitlement to compensation and interest under Section 6C(2) arises only upon acquittal in a prosecution specifically instituted under Section 6A of the Act—An acquittal in a general prosecution under Section 3(1) does not satisfy the statutory pre-conditions for Section 6C(2)—Where seized goods are perishable, Sections 6A(2) and 6A(3)(c) govern their sale through the Public Distribution System, and proceeds are payable to the owner if no confiscation order is made—Acquittal of a managing partner for offences under Section 3(1) and relevant state orders does not invoke Section 6C(2)—In such cases, the price of confiscated goods is determined un...

Arbitration and Conciliation Act, 1996—Sections 34 & 37(1)(c)—Challenge to Arbitral Award—Patent Illegality, Perversity, and Compensation—Appeal under Section 37(1)(c) against dismissal of Section 34 petition challenging an arbitral award—Appellants contended encashment of performance security was without pleading or proof of loss, alleging violation of Sections 73 and 74 of the Contract Act, 1872—The Court held that appellate interference is limited to grounds under Section 34; re-examination of evidence is impermissible unless the award is patently illegal, perverse, or contrary to fundamental law—The arbitrator’s adverse inference due to appellants’ failure to produce salary records was a plausible exercise of discretion, not perverse—Partial encashment of performance secu...

Criminal Procedure Code, 1973—Section 482—Quashing of Complaint/Protest Petition—Magistrate's Cognizance—Landlord-Tenant Dispute—Petitioners sought quashing of an order taking cognizance of offences under Sections 448, 323, 379, and 504 IPC, arising from a landlord-tenant dispute—Petitioners contended that the police had filed a final report absolving them of liability and that the Magistrate erred in treating a subsequent protest petition as a complaint, relying on Surendra Pandit v. State of Bihar—The Court held that acceptance of a police final report does not bar the Magistrate from taking cognizance under Section 190 Cr.P.C. if a complaint satisfies the requirements—Evidence on record, including inquiry witness statements, disclosed prima facie commission of offences—Allegatio...

Compassionate Appointment—Rejection—Surviving Family Member as Breadwinner—Evidence and Affidavit—Petitioner sought compassionate appointment following the death of her father—The Appointment Committee rejected the application on the ground that the younger brother was already employed as an Inspector in ITBP—Petitioner contended that she and her brother were separated and relied on a later affidavit filed by him to support her claim—The Court held that the earlier affidavit filed in 2016, supporting joint family status, had been considered by the Committee, while the subsequent 2023 affidavit claiming separation was an afterthought, filed years after the rejection—The rejection was upheld, noting that the primary purpose of compassionate appointment is to provide relief to families facing s...

Constitution of India, 1950—Article 226; Foreigners Act, 1946—Foreigners (Tribunals) Order, 1964—Determination of Citizenship and Review of Tribunal Orders—Petitioner challenged the declaration of her as a foreigner by the Foreigners Tribunal under Article 226, presenting documents including voter lists and school certificates—The Tribunal’s finding was upheld, as the evidence was insufficient and unreliable to establish Indian citizenship—Alleged review petitions were found to be manufactured, with discrepancies in dates and notarization—School certificates and letters produced by witnesses not being the authors, and lacking contemporaneous records, were deemed inadmissible for proving lineage or connection to purported parents—Failure to link petitioner’s name in voter lists (1...

Assam Secondary Education (Provincialised Schools) Rules, 2018—Seniority of Graduate Teachers and Appointment of In-charge Principal—Under Rule 14(1) Proviso, seniority of Graduate Teachers is determined from the date of receiving the Graduate Scale of Pay provided the teacher is a Graduate—A teacher receiving the Graduate Scale of Pay without possessing a Graduate degree cannot claim seniority from that date—Rule 2(i) defines a "Graduate Teacher" as one holding a degree in Arts, Science, or Commerce; mere pay scale does not qualify—Retrospective regularization of service does not confer retrospective seniority, and seniority cannot pre-date inclusion in the relevant cadre—Ad hoc service is generally excluded from seniority, and prospective regularization applies for seniority purposes—A...

Arbitration and Conciliation Act, 1996—Arbitral Award—Reasoned Award and Appeal Against Setting Aside—Under Sections 31(3), 34, and 37 of the Arbitration and Conciliation Act, 1996, an arbitral award must state intelligible and adequate reasons linking material on record to conclusions, unless parties agree otherwise or the award is on agreed terms—An award is “reasoned” if it demonstrates a logical nexus between evidence and findings, even if reasoning is brief—Courts under Section 34 may set aside awards only if they are patently illegal, against public policy, or lack intelligible reasoning; mere inadequacy of reasons does not suffice—Appeals under Section 37 are limited to grounds in Section 34 and do not permit re-appreciation of evidence or substitution of the arbitrator’s view&m...

Family Law / Child Custody—Mother's Right to Education and Relocation—Welfare of Minor Child—The Court recognized the mother's fundamental right under Article 21 to pursue higher education and personal development, which cannot be unreasonably curtailed by custody arrangements—The welfare of the minor child remains paramount and must be balanced with the mother's autonomy and educational pursuits—Permission was granted for the mother to travel to the USA with the minor son to complete her postgraduate program, considering her commitment to the child's well-being, previous positive experiences abroad, and her academic excellence—Visitation rights of the father were modified, including provisions for video conferencing, physical meetings during vacations, and return to India post-completio...