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...

A. Blacklisting of Contractor—Principles of Natural Justice—A contractor must be issued a clear and specific show cause notice before blacklisting, stating the grounds and proposed action, and providing an opportunity to respond and defend. B. Blacklisting of Contractor—Show Cause Notice Requirements—The notice must specify the material facts, alleged misconduct, and the potential penalty to satisfy natural justice, ensuring the noticee understands the case against them. C. Blacklisting of Contractor—Consequences and Purpose—Blacklisting has severe civil and reputational consequences, including denial of future government contracts, making a fair and particularized notice essential. D. Blacklisting of Contractor—Inherent Power—The authority to blacklist a contractor is inherent in t...

All India Council for Technical Education (AICTE) Regulations — Career Advancement Scheme (CAS) — Ph.D. Requirement — Prospective Application—The requirement of possessing a Ph.D. degree for promotion to higher grade pay under the Career Advancement Scheme (CAS) is prospective in operation and applies only to faculty who entered service after the cut-off date specified in the Regulations; it cannot be imposed retrospectively upon existing incumbents (Paras 12, 13)—For determining eligibility under CAS, the relevant consideration is the date of entry into service, not the date on which promotion becomes due (Para 12). A clarificatory notification issued by AICTE cannot operate as an amendment to existing Regulations so as to curtail accrued service benefits (Para 14). Distinction between technical and non-t...

Juvenile Justice (Care and Protection of Children) Act, 2015—Section 12—Bail of Child in Conflict with Law—Exceptions—Under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, grant of bail to a child in conflict with law is the statutory rule, regardless of the nature or seriousness of the alleged offence—Denial of bail is permissible only on specific grounds, including association with criminals, exposure to moral, physical, or psychological danger, or when release would defeat the ends of justice—The gravity of the offence and the child’s past conduct are relevant factors in determining whether bail would defeat the ends of justice—In particular, a history of committing similar offences while on bail may justify refusal, as it indicates a risk of repetition and...

Penal Code, 1860—Sections 376, 506 (Part II); Criminal Procedure Code, 1973—Section 164; Evidence Act, 1872—Rape; Criminal Intimidation; Delay in FIR; Sole Testimony; Appreciation of Evidence—In a rape case, delay in lodging FIR, if explained naturally, does not benefit the accused; here, the mother of the survivor was away for nine days attending to another child in hospital—The age of the survivor is irrelevant where the case is not of consensual intercourse and no plea of consent was taken during cross-examination—Medical evidence showing absence of external injuries or an old hymen tear is inconclusive when examination occurs after a month; survivor’s testimony is paramount—Conviction can rest on sole testimony of survivor if it inspires confidence and is consistent—Non-examination...