A. Arbitration and Conciliation Act, 1996—Section 37—Appellate Scope—In appeals against dismissal of Section 34 petitions, courts exercise limited scrutiny and do not re-appreciate evidence or reinterpret contracts unless findings disclose patent illegality, perversity, or jurisdictional error. B. Arbitration Act—Section 34—Contract Interpretation—Interpretation of contractual terms lies primarily within the arbitral tribunal’s domain; courts will not substitute their view if the tribunal’s interpretation is plausible. C. Arbitration Act—Evidence & Counterclaims—Findings based on pleadings, oral evidence, and record cannot be interfered with unless shown to be perverse or unsupported by evidence. D. Arbitration Act—Limitation—Limitation becomes a jurisdic...

A. Recruitment Law—Waiting Panel—Validity—A waiting panel remains operative only for its prescribed period (generally one year)—If a vacancy arises after expiry, it cannot be filled from the lapsed panel, and fresh recruitment is required; waitlisted candidates have only a limited right of consideration during its subsistence. B. Recruitment Law—No Right to Appointment—Inclusion in a waitlist does not confer an indefeasible right to appointment; it merely entitles consideration if a vacancy arises within the panel’s validity and subject to availability and merit position. C. Recruitment Law—Delay by Employer—Administrative delays, such as pending verification, do not extend the life of a waiting panel; otherwise, panels would become indefinite—A vacancy arising post-expiry ...

A. Intestacy Petition—Non-Maintainability—Under Indian Succession Act, 1925 Section 278, a petition for Letters of Administration on intestacy is not maintainable where the petitioner admits existence of a Will—Validity of the Will must be adjudicated in appropriate testamentary proceedings—Petition liable to dismissal. B. Parallel Proceedings—Impermissibility—Simultaneous proceedings under Sections 276 (with Will annexed) and 278 (intestacy) cannot continue—Once a Will surfaces and is propounded, its validity must be decided in such proceedings, avoiding conflicting grants. C. Revocation & Legislative Intent—Section 263 (Illustration v) contemplates revocation of intestate grant upon discovery of a Will—Reflects intent to prevent multiplicity and inconsistency in succession ...

A. Pension Reduction—Jharkhand Pension Rules, 2000—Rule 139—Power to reduce pension can be exercised only where entire service record is unsatisfactory or grave misconduct is established—A solitary irregularity does not justify treating the whole service as unsatisfactory. B. Procedural Safeguards—Rules 43(b) & 139—Deduction of pension mandates proper departmental or judicial proceedings with full opportunity of hearing—Mere allegations or unproven irregularities are insufficient to impose such penalty. C. Conditions Precedent—Rule 139(c)—Reduction of pension requires fulfillment of essential conditions, including initiation of full-fledged proceedings and proof of grave misconduct—Absence of these renders action unsustainable. D. Post-Retirement Penalty—For mi...

A. Land Allotment & Legitimate Expectation—Petitioner, an allottee, remained in possession of adjacent unused land of Bhubaneswar Development Authority for over two decades and applied for its allotment pursuant to a public advertisement—Court recognized legitimate expectation arising from long possession, policy indication, and similar allotments—Directed authority to decide application within three months, applying prevailing benchmark value if allowed, and maintain status quo meanwhile. B. Doctrine of Legitimate Expectation—Under administrative law, public authorities must act fairly and consider expectations arising from consistent practice or official representations—Though not an absolute right, ignoring such expectation may render action arbitrary—Court held petitioner’s claim worthy...

A. Magistrate’s Power under Bharatiya Nagarik Surakhsha Sanhita, 2023—Section 175(3)—Before directing police investigation, Magistrate must exercise judicial discretion through a structured procedure—Includes verifying prior recourse to police authorities, affidavit-backed application, and conducting independent inquiry—Safeguards aim to prevent abuse of process. B. Preconditions & Inquiry Requirement—Magistrate must be duly empowered, examine application under Section 173(4), ensure affidavit compliance, and consider police submissions—“Inquiry” (u/s 2(1)(k)) means judicial examination short of trial and must be conducted personally, not delegated. C. Twin Tests & FIR Distinction—Order for investigation requires (i) disclosure of cognizable offence and (ii) suffici...

A. Anticipatory Bail—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Applicant sought anticipatory bail citing inordinate delay in FIR, civil nature of dispute, death of main accused, and absence of direct evidence—Court evaluated nature of allegations, prior proceedings, and evidentiary gaps—Held that custodial interrogation was not necessary—Bail granted with conditions. B. Delay in FIR—Alleged transaction dated 2000, FIR lodged in 2024—Court treated extraordinary delay as a significant factor weakening prosecution’s immediacy and supporting bail consideration. C. Civil vs Criminal Nature—Dispute argued as civil with criminal colour—Prosecution alleged forgery and suppression of documents—Court acknowledged earlier finding of criminality but noted issues ...

A. Criminal Procedure—Code of Criminal Procedure, 1973—Section 482—Quashing of proceedings—High Court’s inherent power to quash proceedings is to prevent abuse of process and secure ends of justice—Such power must be exercised sparingly, with great caution, and only in rare and appropriate cases. B. Penal Law—Indian Penal Code, 1860—Section 376—Promise of marriage—A prolonged consensual physical relationship between educated adults indicates voluntary cohabitation—Mere failure to marry does not ipso facto constitute rape unless consent was obtained by a false promise from the inception. C. Section 376 IPC—Essential ingredients—Offence under Section 376(2)(n) IPC is not made out where there is no evidence that the promise of marriage existed at the inceptio...

A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 483—Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 21(c), 25, 29, 37—Bail—Commercial quantity— Recovery of 464 grams of heroin—Offence involves commercial quantity—Rigours of Section 37 NDPS Act applicable—Bail can be granted only if twin conditions satisfied, viz. (i) reasonable grounds to believe that accused is not guilty, and (ii) not likely to commit offence while on bail—“Reasonable grounds” means more than prima facie satisfaction—In absence of such satisfaction and existence of prima facie case, bail not maintainable—Application rejected. (Paras 5-8) B. Narcotic Drugs and Psychotropic Substances Act, 1985—Section 37—Bail principles—Scope of judicial scrutin...

A. Prevention of Money-laundering Act, 2002—Sections 8(1), 17(4), 20, 21—Adjudicating Authority (Procedure) Regulations, 2013—Rule 13(2)—Show Cause Notice—Relied Upon Documents (RUDs)— Non-supply of complete RUDs alleged—Service of notice through electronic mode (email/PDF) held valid—However, compliance with Rule 13(2) requires supply of complete relied upon documents—Held, it is for Adjudicating Authority to determine whether documents sought are in fact “relied upon documents”—If found so and not supplied, Authority must direct Enforcement Directorate to furnish the same before proceeding further—Opportunity to file effective reply is integral to fair adjudication—Writ disposed of with directions. (Paras 17, 20, 28-30) B. Prevention of Money-launder...