A. Central Administrative Tribunal (CAT)—Jurisdiction—High Courts can interfere with orders passed by the CAT in writ proceedings only if there is a manifest error of law or perversity in the exercise of jurisdiction—Mere dissatisfaction with findings of fact is not sufficient for interference. B. Constitution of India, 1950—Article 21 (Right to Life)—The right to health and right to medical treatment are integral to the right to life with dignity—Retired government employees are entitled to medical benefits to uphold their fundamental rights. C. Central Services (Medical Attendance) Rules, 1944 (CSMA Rules)—These rules apply to pensioners as well—Pensioners residing in non-CGHS areas are not automatically deprived of medical facilities—Medical benefits under these rules must be ...

A. Code of Criminal Procedure, 1973—Section 482—Quashing of Criminal Proceedings—Commercial Dispute—Absence of Dishonest Intention at Inception—Held, where allegations disclose purely civil dispute arising out of business transactions and no fraudulent or dishonest intention is shown at the inception of transaction, prosecution under Sections 406/420 IPC amounts to abuse of process of Court—Proceedings quashed. [Paras 18–28] B. Indian Penal Code, 1860—Sections 406 & 420—Criminal Breach of Trust and Cheating—Essential Ingredients—Distinction between Civil Dispute and Criminal Offence—Held, non-payment of alleged dues in course of continuing business relationship, without initial fraudulent or dishonest inducement, does not constitute offences under Sections...

Railways Act, 1989—Sections 66 & 73—False Declaration—Requirement of Mens Rea—For imposition of penalty under Sections 66 and 73 of the Railways Act, 1989, deliberate intention to defraud or cause wrongful loss must be established—Mere operational discrepancies, clerical errors, or procedural variations do not amount to “false declaration” in the absence of concealment, misrepresentation, or demonstrable freight loss (Paras 47, 49, 51, 55). Contract Act, 1872—Section 74—Forfeiture and Penalty—Forfeiture of earnest money or security deposit requires proof of breach and must represent a reasonable pre-estimate of loss—Confiscatory or deterrent charges imposed without proof of actual loss are punitive and legally unsustainable (Paras 15, 45, 52). Administrative Law&m...

Civil Procedure Code, 1908 (CPC)—Order 39 Rule 1—Intellectual Property—Trademark Infringement and Passing Off—Interim Injunction—Prima Facie Case—Prior User Defence—In a suit for infringement and passing off of the registered trademark ‘PL SUPREME’, the appellants sought interim injunction and appointment of a receiver—Initially granted ex parte, the injunction was vacated on contested hearing by the learned Single Judge—The respondents, former suppliers and Chinese entities, claimed continuous uninterrupted prior user in India and relied upon affidavits, including a verified supplementary affidavit supported by documents—The appellants challenged the affidavits, alleging fabrication and improper verification, citing A.K.K—Nambiar (1969 3 SCC 864)&mdas...

West Bengal Land Reforms Act, 1955—S. 4C—West Bengal Estates Acquisition Act, 1953—Ss. 6(1)(b), 6(1)(c), 6(3)—Conversion of land—Status of applicant — Rejection of an application for conversion of land under Section 4C of the West Bengal Land Reforms Act, 1955 on the ground that the applicant was a lessee and not a raiyat was unsustainable—The petitioner owned 14.33 acres of land, which was within the permissible ceiling of 15 acres for retention of non-agricultural land under Section 6(1)(c) of the West Bengal Estates Acquisition Act, 1953—Retention of land under Sections 6(1)(b) and 6(1)(c) operates automatically and takes effect from the date of vesting, without the necessity of any further order—Consequently, an order passed under Section 6(3) restricting use of a portion of the l...

A. Negotiable Instruments Act, 1881—Sections 138 & 139—Dishonour of cheque—Legally enforceable debt—Statutory presumption—Accused admitted issuance of cheque but pleaded that cheque was issued as security for a different transaction—Defence of cheque issued for security without cogent proof held untenable—Once execution of cheque admitted, presumption under Sections 118 and 139 operates—Absence of written loan agreement not fatal—Complainant established ingredients of Section 138 by oral and documentary evidence—Accused failed to rebut statutory presumption—Conviction upheld. [Paras 10 to 16, 29 to 30] B. Negotiable Instruments Act, 1881—Section 138—Demand notice—Service and compliance—Cheque dishonoured for insufficiency of funds—S...

A. Negotiable Instruments Act, 1881—Section 138—Dishonour of Cheque—Legally Enforceable Debt—Presumption under Sections 118 & 139—Rebuttal—Security Cheque Plea—Held, once issuance of cheque is admitted, statutory presumption arises in favour of complainant that cheque was issued towards discharge of legally enforceable debt—Dishonour for “Insufficient Funds” and due service of statutory demand notice proved—Mere plea that cheque was issued as security or that no written loan agreement existed is insufficient to rebut presumption in absence of cogent evidence—Accused failed to discharge burden of rebuttal—Conviction by Trial Court and affirmation by Appellate Court upheld. [Paras 11 to 16, 23, 30] B. Code of Criminal Procedure, 1973—Section 482&...

West Bengal Premises Tenancy Act, 1997—Sections 7(1), 7(2), 7(3), 21, 22(2), 32—Ejectment Suit; Deposit of Rent; Deliberate Default; High Court Supervisory Jurisdiction—Constitution of India, 1950—Article 227: A. Deposit of Arrears and Current Rent: Tenant’s failure to deposit arrears and current rent as per court order, without seeking timely extension, amounts to deliberate default, justifying striking out of defence under Section 7(3). (Paras 2–5, 9–18) B. Extension of Time: Proviso to Section 7(2) permits extension only if application is made within original court-ordered period; belated applications are not maintainable. (Para 16) C. Remedies under Sections 21 & 32: Tenant’s non-availment of statutory remedies for non-acceptance or non-receipt of rent does not excuse defaul...

Civil Procedure Code, 1908—Order 18, Rule 17; Sections 11, 151—Re-examination of witnesses, Recall of Evidence, Res Judicata—Succession Act—Will and Probate: A. Re-examination of Witnesses: Power to recall witnesses under Order 18, Rule 17 CPC is discretionary and intended for clarification of issues, not for filling omissions in evidence after witnesses are fully examined and discharged. (Paras 21, 38, 39) B. Inherent Powers: Section 151 CPC permits recall in appropriate cases, but not to permit fresh evidence or complete omissions. (Paras 38–40) C. Examination-in-Chief: Under amended CPC, written statements of examination-in-chief are treated as oral evidence; adoption of earlier evidence does not constitute fresh evidence. (Para 42) D. Framing of Issues: Post-evidence framing cannot create a ne...

Hindu Law—Sebait’s Right to Sue / Debottar Property: A sebait, as the representative of a deity, is generally the sole person competent to file a suit on behalf of the deity. Exceptionally, a third party may act on behalf of the deity only if the sebait is unable or unwilling, and the court appoints such person as a next friend. Debottar Property—Transfers: Transfers of debottar property without court permission are void unless made for the benefit of the deity. Land Reforms and Tenancy Tribunal—Jurisdiction: The Tribunal may decide preliminary questions such as locus standi before directing consideration of representations by the appropriate authority, avoiding futile litigation. Writ Petition / Locus Standi: A petitioner must demonstrate clear interest or right to maintain a writ; absence of such interes...