A. Administrative Law—Blacklisting of contractors—Duration of debarment—Held, an order of blacklisting cannot operate indefinitely or permanently and must conform to the principles of proportionality and applicable administrative guidelines prescribing the maximum period of debarment—Continuous blacklisting since 2008 was held to be arbitrary, unreasonable, and legally unsustainable, particularly in light of the subsequent development of jurisprudence governing the permissible duration of such punitive measures. (Paras 24, 30, 35, 39, 45) B. Administrative Law—Remedies—Continuing and recurring cause of action—Held, the continuance of an unlawful order of blacklisting gives rise to a recurring cause of action, entitling the affected contractor to challenge the ongoing deprivation notwithstanding...

A. Land Acquisition Act, 1894—Section 18—Compensation for acquisition of land—Apple trees uprooted and partially damaged—Enhancement of compensation—Held, the claimant was entitled to compensation in respect of 14 uprooted apple trees, in accordance with the expert valuation report (Ext. PW-1/A), which assessed the loss at Rs. 2,66,889/-—The Reference Court erred in restricting compensation to 12 trees despite the expert evidence supporting the existence and valuation of 14 uprooted trees—The award was accordingly enhanced to that extent. (Paras 9-13) B. Evidence—Compensation for partially damaged trees—Burden of proof—Held, a claim for compensation in respect of partially damaged apple trees cannot be allowed in the absence of reliable documentary or expert evidence establish...

A. Bharatiya Nyaya Sanhita, 2023—Sections 109, 190, 191(2), 191(3), 115(2) and 117(2)—Bail—Principles governing grant—Held, where the allegations disclose that the accused, acting in furtherance of a common intention, attacked the victims with a deadly weapon and caused serious injuries, the gravity of the offence and the severity of the prescribed punishment constitute significant considerations against the grant of bail—The Court must also assess the possibility of the accused absconding, influencing witnesses, or otherwise interfering with the course of justice—In the facts of the case, these considerations weighed against enlargement of the petitioner on bail. (Paras 11-13) B. Criminal Procedure—Bail jurisprudence—Relevant factors for exercise of discretion—Held, the discretion ...

A. Bharatiya Nyaya Sanhita, 2023—Section 103; Arms Act, 1959—Sections 25 and 27—Regular bail—Parameters governing grant in heinous offences—Held, while considering a prayer for bail in cases involving allegations of murder and criminal conspiracy, the Court must evaluate the nature and gravity of the accusations, the severity of the punishment prescribed, the prima facie material connecting the accused with the offence, the likelihood of influencing witnesses or obstructing the administration of justice, and the larger societal impact of the crime—Where the allegations disclose prima facie involvement of the petitioner in facilitating the commission of the offence as part of a conspiracy to commit murder, the seriousness of the charge and the possibility of punishment extending to death or imprisonment ...

A. Bharatiya Nyaya Sanhita, 2023—Sections 103 and 3(5); Arms Act, 1959—Sections 25 and 27—Anticipatory bail—Heinous offences involving murder and conspiracy—Held, the extraordinary remedy of pre-arrest bail is not to be granted as a matter of course and is intended only for exceptional situations—While considering such relief, the Court must have due regard to the gravity and nature of the accusation, the prima facie involvement of the accused, the impact on investigation, and the severity of the prescribed punishment—In cases attracting punishment of death or imprisonment for life under Section 103 of the Bharatiya Nyaya Sanhita, 2023, the grant of anticipatory bail is ordinarily inappropriate unless compelling circumstances are established. (Paras 9, 12, 13, 17, 18) B. Criminal Procedure Code...

A. Arbitration and Conciliation Act, 1996—Section 9—Interim measures for securing assets pending arbitration—Held, where the petitioner establishes a strong prima facie case, the balance of convenience lies in its favour, and denial of protection would result in irreparable prejudice through diminution or dissipation of the respondent's assets, the Court may grant appropriate interim measures under Section 9—In such circumstances, directions requiring the respondent to secure the claim by depositing the disputed amount or furnishing a bank guarantee, coupled with restraint against alienation or encumbrance of assets except in the ordinary course of business, are justified to safeguard the efficacy of the arbitral process. (Paras 8, 45-49) B. Arbitration and Conciliation Act, 1996—Sections 9 and 17&mdas...

A. Criminal Procedure Code, 1973 (CrPC)—Section 482—Successive petitions for quashing of FIR—Maintainability—Held, a second or successive petition under Section 482 CrPC seeking quashing of the same FIR is not maintainable in the absence of any substantial change in circumstances or emergence of new material facts—Re-agitating identical grounds through repeated petitions amounts to an abuse of the process of law and cannot be permitted. (Paras 6-8, 10-12) B. Criminal Procedure Code, 1973 (CrPC)—Section 362 read with Section 482—Inherent powers of High Court—Scope and limitation—Held, the inherent jurisdiction of the High Court under Section 482 cannot be invoked to circumvent or override the express prohibition contained in Section 362 CrPC against review or alteration of a final or...

A. Trade Marks Act, 1999—Sections 28(3), 34—Infringement between registered proprietors—Different classes—Prior user doctrine—Held, the bar under Section 28(3) applies only where both parties hold registrations in respect of the same goods or services—A defendant registered under Class 35 cannot claim immunity when dealing in gold jewellery falling under Class 14, in which the plaintiff holds registration—Prior user rights prevail over mere registration, and the plaintiff successfully established continuous commercial use and a superior claim to the composite mark—S. Syed Mohideen distinguished. (Paras 13, 16) B. Trade Marks Act, 1999—Sections 9, 32—Geographical expressions—Composite marks—Deceptive similarity—Held, a geographical expression like “Malab...

A. Constitution of India, 1950—Article 227—Supervisory jurisdiction—Limited scope of interference—The High Court's power under Article 227 is supervisory and not appellate—Interference with orders of the Administrative Tribunal is permissible only in cases of patent perversity, manifest error, grave dereliction of duty, abuse of law, or violation of natural justice, and not merely because another view is possible. (Paras 6–11) B. Administrative Tribunals Act, 1985—Interim stay of transfer/promotion orders—Non-impleadment of affected employees—Violation of natural justice—Beneficiaries directly affected by a challenge to transfer or promotion orders are necessary parties—Grant of interim relief without impleading such persons or following the prescribed procedure viol...

A. Service Law—Regularization of casual/temporary employees—Long and continuous service—Availability of sanctioned vacancies—Employees who have rendered continuous service for long periods and are performing perennial duties cannot be denied consideration for regularization merely on technical grounds—Where sanctioned vacancies exist, the employer must review the sanctioned strength and consider eligible employees for regularization in accordance with the applicable rules and qualification requirements. (Paras 10, 13, 14) B. Service Law—Regularization—Illegal and irregular appointments—Applicability of Umadevi—Though State of Karnataka v. Umadevi (3) prohibits regularization of appointments made dehors the rules, subsequent judicial pronouncements clarify that the decision cannot be...