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...

A. Evidence Act, 1872—Circumstantial Evidence—Standard of Proof—In a case founded solely on circumstantial evidence, each incriminating circumstance must be proved beyond reasonable doubt and must form a complete chain leading only to the guilt of the accused, excluding every other reasonable hypothesis—Suspicion, however strong, cannot take the place of legal proof, there being a clear distinction between what “may be true” and what “must be true.” [Paras 10, 36] B. Last Seen Theory and Abscondence—Evidentiary Value—The circumstance of a prior quarrel or last-seen-together, in the absence of corroborative evidence, raises only suspicion and is insufficient to establish guilt—Likewise, alleged abscondence loses significance where the accused was on sanctioned leave, suff...

A. Bharatiya Nyaya Sanhita, 2023—Sections 89, 318(2) and 69—Anticipatory Bail—Allegation of administering abortion pill causing miscarriage—Held: Where the complainant alleged that the petitioner deceitfully administered an abortion pill resulting in miscarriage, but the investigation disclosed no prima facie medical evidence of miscarriage, pregnancy, physical injury, or trauma, and the petitioner had cooperated with the investigation by appearing before the Investigating Officer, custodial interrogation was held unnecessary—Interim anticipatory bail made absolute subject to conditions safeguarding the investigation and the complainant. (Paras 7–11) B. Criminal Procedure—Anticipatory Bail—Conditions—Held: While granting anticipatory bail, the Court imposed conditions requiring the ...

A. Constitution of India, 1950—Articles 226 and 12—Maintainability of writ petition against private educational institutions—A writ petition under Article 226 is maintainable against a private body where it performs a public function or discharges a public duty—Since imparting education is a public function, private educational institutions are amenable to writ jurisdiction in matters having a sufficient public law element. [Paras 11, 22, 25-27, 29, 32, 33] B. Constitution of India, 1950—Articles 14 and 21A—Right to education—Arbitrary cancellation of admission—Cancellation of a child's admission without proper notice, opportunity of hearing, or previously communicated guidelines specifying the consequences of non-attendance at an induction programme is arbitrary and violative of the ...

A. Administrative law—Promotion—Supersession of senior—Requirement to record reasons—Petitioner alleged supersession by juniors in promotions granted in 2013 and 2015—Rules required recording of written reasons for promoting juniors over seniors, but no justification was provided by the authorities—Petitioner, after retirement, sought notional promotion for purposes of seniority and pensionary benefits—Court reiterated the principle that where a statute prescribes a manner for doing an act, it must be done in that manner or not at all. [Paras 8, 12, 23, 24] B. Administrative law—Delay, laches and acquiescence—Challenge to promotion—Petitioner failed to challenge seniority lists and promotion decisions of 2013, 2015 and 2017 within reasonable time and raised grievance only in 2...

A. Protection of Children from Sexual Offences Act, 2012—Sections 5(m) & 6 read with IPC, 1860—Sections 377 & 506—Conviction—Medical evidence showing tenderness, redness and stretch marks in the anus of the survivor supported the allegation of sexual assault—Testimony of the victim and his sister was consistent and corroborated by medical evidence—Age of the survivor proved through unchallenged testimony of the mother—Invocation of Section 377 IPC for carnal intercourse against the order of nature held justified—Appeal dismissed and conviction affirmed. [Paras 28–32] B. Criminal Procedure Code, 1973—Section 164—Statement of Victim—Alleged discrepancy between the statement under Section 164 CrPC and court testimony was not proved as no contradiction was elic...

A. Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—Accused charged under Section 142 BNS, 2023 read with Section 3(a)/4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) for alleged sexual relationship with a minor—Survivor’s statement under Section 180 BNSS admits love relationship and consensual sexual act—High Court recognizes seriousness of POCSO offences but, in exceptional circumstances involving consensual adolescent relationships, grants bail—Accused directed to be released on bail subject to conditions. (Para 2, 3, 4, 5, 6, 9) B. Protection of Children from Sexual Offences Act, 2012 (POCSO Act)—Bail Consideration—POCSO provisions are stringent; however, courts may grant bail in cases of consensual sexual relationships between adolescents, taking int...

A. Criminal Procedure Code, 1973 (CrPC)—Section 482—Quashing of FIR—The High Court may quash FIRs to prevent abuse of process of law—However, allegations must be examined in context, and where the FIR contains specific allegations of cognizable offences, mere delay or generality is insufficient for quashing—In the present case, the marriage was solemnized on 08.06.2023, the wife left on 07.08.2023, and the FIR was lodged on 19.09.2023; the chain of events spanning just over three months does not justify quashing (Paras 11, 14, 15). B. Penal Code, 1860 (IPC)—Sections 376, 498A—Section 376 (Exception 2) exempts sexual intercourse with one’s own wife, not a minor, from constituting rape; however, FIRs alleging other offences cannot be quashed on this ground alone (Para 13) C. Section 498A...

A. Criminal Procedure Code, 1973 (CrPC)—Section 397(2)—Revisional powers of High Court—Cancellation of bail constitutes an interlocutory order; hence, the High Court cannot exercise revisional jurisdiction against such orders (Para 20). B. CrPC—Sections 77 and 79—Execution of warrant beyond territorial jurisdiction—A warrant issued to a police officer for execution outside the issuing court’s jurisdiction must ordinarily be endorsed by an Executive Magistrate or the Officer-in-Charge of the local police station where the arrest is to occur—Non-compliance renders the arrest illegal (Para 11). C. Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)—Sections 35(1)(b), 35(3), 35(7)—Arrest not mandatory—Notices under Section 35(3) apply to offences punishable with imprison...

A. Rules of Procedure—Meghalaya Legislative Assembly—Committee on Public Undertakings—The Committee examines reports and accounts of public undertakings, reviews Comptroller and Auditor General findings, and ensures management of undertakings aligns with sound business principles. B. Constitution of India, 1950—Article 212—Judicial Review of Legislative Proceedings—Article 212 shields legislative proceedings from judicial scrutiny for procedural irregularities, but does not protect decisions involving substantive illegality or actions distinguishable from legislative functions. C. Writ Petition—Committee on Public Undertakings as Respondent—A writ petition cannot strike off the Committee as a respondent merely because no direct relief is claimed against it; recommendations affecting be...