A. Criminal Procedure Code, 1973 (CrPC)—Sections 362 and 482—Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)—Section 528—Review and Recall of Criminal Orders—Section 362 Cr.P.C. prohibits a criminal court from reviewing or altering its final judgment on merits except to correct clerical or arithmetical errors—However, a well-recognized distinction exists between substantive review, which is barred, and procedural review, which is permissible to rectify orders rendered in violation of procedural fairness or principles of natural justice—The inherent powers under Section 482 Cr.P.C. or Section 528 BNSS cannot be invoked to circumvent the statutory bar on review of merits but may be exercised to cure procedural defects. [Paras 19–20, 36] B. Criminal Procedure Code, 1973 (CrPC)—Sections...

A. Labour Law—Termination of service—Unauthorized absence—Termination for prolonged unauthorized absence was upheld where the employee remained absent for 161 days without complying with leave procedures—Habitual absenteeism, failure to substantiate medical grounds, and non-compliance with standing orders justified disciplinary action despite the Labour Court's order of reinstatement. [Paras 10–27] B. Principles of Natural Justice—Departmental enquiry—An enquiry is not vitiated where the employee voluntarily declines the assistance of a defence assistant, does not cross-examine management witnesses, and fails to seek time for producing evidence—Adequate opportunity having been afforded, the enquiry was held fair. [Paras 19 & 26] C. Standing Orders—Unauthorized leave&mdash...

A. Industrial Disputes Act, 1947—Section 33(2)(b)—Termination for unauthorized absence—Treating an employee's absence as leave without pay for administrative purposes does not condone the misconduct or invalidate disciplinary action—Regularization of absence does not preclude termination for unauthorized absence. [Paras 8–10] B. Industrial Disputes Act, 1947—Section 33(2)(b)—Unauthorized absence—Validity of charges—Charges specifying the relevant periods of unauthorized absence are not vague merely because every individual instance is not separately detailed—Sufficient particulars enabling the employee to defend the allegations satisfy the requirement of fairness. [Paras 10–11] C. Limitation Act, 1963—Section 5—Condonation of delay—Delay in filin...

A. Recruitment Law—Eklavya Model Residential Schools (EMRS)—Cancellation of candidature—Candidates who pursued two degrees simultaneously, one through regular mode and the other through distance/ODL mode, cannot be disqualified without considering the revised UGC guidelines—The recruiting authority was directed to reconsider the petitioners' eligibility in light of the modified UGC guidelines and pass a reasoned order within six weeks. [Paras 21–28] B. University Grants Commission (UGC) Guidelines—Simultaneous academic programmes—The 2022 UGC Guidelines permit simultaneous pursuit of one programme in regular mode and another through ODL/online mode—The modified guidelines further clarify that degrees obtained simultaneously before 2022, in accordance with the prevailing norms, are als...

A. Civil Procedure Code, 1908—Order VI Rule 17 & Specific Relief Act, 1963—Section 26—Amendment of pleadings—Amendment for correction of property description in the plaint and incorporation of a prayer for rectification of the Agreement to Sell is maintainable where necessary for determining the real controversy—The proviso to Section 26 permits such amendment without requiring a fresh suit—Since the trial had not commenced and no prejudice was caused to the defendants, the amendment was rightly allowed. [Paras 24–52] B. Specific Relief Act, 1963—Section 26—Rectification of instrument—Where an incorrect property description in an Agreement to Sell results from mutual mistake, the Court may permit amendment to seek rectification—Such rectification does not change the ...

A. Evidence Act, 1872—Sections 45, 112—CrPC, 1973—Section 125—DNA test for paternity—A DNA test cannot be ordered routinely or for a fishing inquiry—It may be directed only where strong prima facie material exists, the issue of paternity is directly in dispute, and no other evidence can conclusively determine the truth, after balancing the competing rights and interests of the parties. (Paras 28, 46) B. Constitutional Law—Child's right to identity—DNA testing—In determining paternity, the child's right to know his or her biological parentage outweighs the reputational concerns or social embarrassment of the alleged father, though courts must also consider privacy, dignity and potential stigma before directing DNA testing. (Paras 30-38, 42-45) C. Evidence Act, 1872—S...

A. Constitution of India, 1950—Article 14—DDA Circular—Discriminatory cut-off date—A cut-off date creating different payment deadlines for similarly situated allottees affected by the COVID-19 pandemic, without any rational basis or nexus to the object of granting relief, is arbitrary, discriminatory and violative of Article 14—A deadline preceding the issuance of the circular itself is illusory and unenforceable. (Paras 37-50) B. Delhi Development Authority—Cancellation of allotment—Delayed payment—Where the allottees deposited the balance premium with applicable interest within the valid extended deadline, cancellation of allotment based on an invalid earlier deadline was held unsustainable, entitling them to restoration of the allotments subject to payment of remaining dues, if any. (P...

A. Arbitration and Conciliation Act, 1996—Section 9—Interim protection against non-signatories—Court's power under Section 9 is not confined to signatories to the arbitration agreement and may extend to non-signatories where necessary to protect the subject matter of arbitration—Questions regarding non-signatory status are to be finally decided by the Arbitral Tribunal under Section 16. (Paras 27, 29, 55) B. Arbitration and Conciliation Act, 1996—Section 9—Grant of interim relief—Interim protection under Section 9 is governed by the principles of prima facie case, balance of convenience and irreparable injury, with the Court examining whether interim measures are necessary to preserve the subject matter of arbitration. (Para 25) C. Arbitration and Conciliation Act, 1996—Section 9&m...

A. Civil Procedure Code, 1908 (CPC)—Order VII Rule 11(a)—Rejection of plaint—While deciding an application under Order VII Rule 11(a), the Court primarily considers the plaint averments, but may also rely on foundational facts admitted by the plaintiff in replies to determine whether any cause of action exists. (Paras 29, 30, 44) B. Hindu Succession Act, 1956—Sections 8 and 14—Will and Relinquishment Deed—Nature of property—Property inherited under a registered Will after the commencement of the Hindu Succession Act, 1956, is ordinarily the self-acquired property of the legatee and does not become ancestral merely because it originally belonged to the family—Property acquired by a mother through a registered Relinquishment Deed is her absolute property under Section 14, which she is compe...

A. Civil Procedure Code, 1908 (CPC)—Order XII Rule 6—Judgment on Admissions—Suit for Possession—A decree for possession against a tenant may be passed under Order XII Rule 6 CPC where the following three essential requirements are admitted: (i) the existence of a landlord–tenant relationship; (ii) the inapplicability of the Delhi Rent Control Act; and (iii) valid termination of the tenancy in accordance with law—Where such admissions are clear, unequivocal, and unconditional, the Court may decree possession notwithstanding that other issues, such as mesne profits or adjustment of security deposit, remain to be tried. [Paras 65–69] B. Contract Law—Lease Executed by Company Through Director—Identity of Tenant—Where a lease deed is executed in the name of a company through its di...