Criminal Law—Appeal against Conviction—Sexual Offences—IPC, 1860—Section 376(2)—POCSO Act, 2012—Section 6—Appreciation of Evidence—Hostile Victim—DNA and Medical Evidence—Benefit of Doubt—Acquittal—Held, conviction for rape/aggravated penetrative sexual assault must rest on proof beyond reasonable doubt—Where the victim and her mother, the principal prosecution witnesses, turned hostile during trial and expressly retracted earlier allegations and statements recorded under Section 164 Cr.P.C., the conviction cannot be sustained merely on the basis of such prior statements—DNA evidence, by itself, is insufficient to establish the offence of rape or aggravated penetrative sexual assault, as it only indicates presence of biological material and does not prove ...

Service Law—Recruitment—Essential Qualifications—Draughtsman Examination, 2023—Interpretation of “Concerned Trade”—Equivalence of Qualifications—Scope of Judicial Review—Held, where the recruitment advertisement for the post of Draughtsman in the Urban Development Department prescribes Intermediate (10+2) along with a Diploma/ITI Certificate in the “concerned trade”, the expression “concerned trade” admits of only one meaning, namely, the Draughtsman trade itself, and does not include or permit equivalence with qualifications such as Diploma in Civil Engineering or Architectural Assistantship—When the essential qualification is clear and unambiguous, there is no scope for the recruiting body or the Court to expand, modify, or interpret it by importing equi...

Hindu Marriage Act, 1955—Section 13(1)(i-a)—Divorce—Mental Cruelty—False and Defamatory Allegations—Lodging False Criminal Complaints—Held, making unsubstantiated, indecent and defamatory allegations against the spouse or their relatives, including accusations of extra-marital relationships and false allegations of serious criminal offences such as rape and dowry harassment, constitutes mental cruelty within the meaning of Section 13(1)(i-a) of the Hindu Marriage Act—Where the appellant levelled baseless allegations of extra-marital affairs against the respondent without any supporting evidence and admittedly lodged a false FIR containing grave accusations, including rape, against the respondent’s family members, such conduct inflicts deep mental pain, humiliation and reputational harm, rend...

Arbitration and Conciliation Act, 1996—Sections 34 and 37—National Highways Act, 1956—Section 3G(5)—Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013—Sections 26 and 29—Arbitral Award—Patent Illegality—Determination of Compensation—Scope of Judicial Review—Held, an arbitral award determining compensation under Section 3G(5) of the National Highways Act, 1956 is liable to be set aside under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 if it suffers from patent illegality, perversity, or is in conflict with the public policy of India—Patent illegality arises where the Arbitrator disregards mandatory statutory provisions, ignores binding criteria prescribed by law, or bases findings on no evidence, co...

Civil Procedure—Jurisdiction—Remand by Superior Court—Rent Control and Eviction—Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972—Sections 12 and 16—Vacancy—Scope of Inquiry—Jurisdictional Limits—Where a High Court, while remanding a matter, specifically directs a named authority (District Judge) to decide the revision afresh, the remand is person-specific and cannot be acted upon by a different or subordinate authority, such as an Additional District Judge, unless such delegation is expressly permitted—Any order passed in breach of the remand direction is vitiated for want of jurisdiction.—In proceedings relating to declaration of vacancy under Sections 12 and 16 of the U.P. Urban Buildings Act, the authority is bound to conduct a proper an...

Hindu Marriage Act, 1955—Sections 13(1)(ia) and 13(1)(ib)—Divorce—Mental Cruelty—Effect of Prior Compromise—Public Humiliation and Abusive Conduct—Irretrievable Breakdown—Desertion—Standard of Proof—Appeal against dismissal of a petition for divorce on grounds of cruelty and desertion—Parties had earlier entered into a compromise in 2017 in a previous divorce proceeding, agreeing to live separately and for payment of maintenance—Held, acts of mental cruelty committed subsequent to condonation revive earlier matrimonial offences—Evidence on record established that after the compromise the respondent repeatedly visited the appellant-husband’s place of work, used abusive and insulting language in the presence of customers and staff, and caused disruption compelling...

Constitution of India, 1950—Article 227—Supervisory Jurisdiction—Mutation Proceedings—U.P. Land Revenue Act, 1901—Section 34—Jurisdiction of Revenue Authorities—Municipal Limits—Nature of Mutation—Estoppel—Challenge under Article 227 to orders passed by the Tehsildar and Commissioner in mutation proceedings—Held, the supervisory jurisdiction of the High Court under Article 227 is limited and can be exercised only in cases of total lack of jurisdiction, patent illegality, perversity, or violation of principles of natural justice—Where the revenue authorities have passed reasoned orders within the bounds of their statutory competence, interference at the threshold is impermissible—Objections raised by the petitioners relating to factual disputes or interpretation ...

Constitution of India, 1950—Articles 226 and 227—U.P. Industrial Disputes Act, 1947—Section 4-K—Reference of Industrial Dispute—Scope of Writ Jurisdiction—Determination of “Workman” Status—Territorial Jurisdiction—Interlocutory Orders of Labour Court—Challenge to an order of reference made under Section 4-K of the U.P. Industrial Disputes Act, 1947—Held, an order of reference is an administrative act and the High Court, in exercise of its writ jurisdiction under Articles 226 and 227, should ordinarily refrain from interfering with such order unless it is shown to be patently absurd, wholly without factual foundation or vitiated by mala fides—Disputed questions of fact and mixed questions of fact and law, such as whether an employee qualifies as a “workman&...

Service Law—Compulsory Retirement—Financial Handbook, Vol. II–IV—Rule 56—Validity of Government Order dated 20-02-2002—Screening Committee—Principles of Natural Justice—Scope of Judicial Review—Consideration of Entire Service Record—Challenge to Government Order dated 20-02-2002 prescribing constitution of a Screening Committee for consideration of compulsory retirement under Rule 56 of the Financial Handbook—Held, Rule 56 confers substantive power on the appointing authority to compulsorily retire a government servant on attaining the age of 50 years or above in public interest—The Government Order merely provides a procedural mechanism to facilitate fair, objective and informed decision-making and does not override, enlarge or dilute the power under Rule 56—Th...

A. Negotiable Instruments Act, 1881—Sections 138, 118 & 139—Dishonour of cheque—Presumption and rebuttal—Lost cheque defence—Held, once foundational facts regarding issuance, presentation, dishonour, and notice are proved, statutory presumptions under Sections 118 and 139 operate in favour of complainant—Accused must rebut on basis of a probable defence—Mere oral assertion of cheque loss, unsupported by documentary proof or bank/police acknowledgment, insufficient to dislodge presumption—Defence evidence found inconsistent and improbable—Presumption remained unrebutted—Conviction proper. (Paras 24–26, 29–31) B. Negotiable Instruments Act, 1881—Section 138—Maintainability—Proceedings against trustee or head of religious institution—Held, ...