A. Negotiable Instruments Act, 1881—Section 143-A—Sections 138 and 142—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 528—Interim compensation—Discretionary power—Held: Power under S. 143-A NI Act to grant interim compensation is discretionary and not mandatory—Use of expression “may” requires judicial application of mind—Court must prima facie evaluate complainant’s case and defence of accused before granting such relief—Mechanical exercise of power without consideration of defence (such as denial of signature) is impermissible—Impugned order granting 10% compensation set aside. (Paras 16 to 20, 23 to 25) B. Negotiable Instruments Act, 1881—Section 143-A—Interim compensation—Requirement of reasons and quantum—Held: Grant of in...

A. Negotiable Instruments Act, 1881—Sections 138, 141—Offence by company—Vicarious liability—Arraignment of company as an accused is a mandatory pre-condition for prosecuting directors or persons in charge under Section 141—Vicarious liability arises only when offence by company is established—Where cheque is issued on behalf of company and company is not impleaded, prosecution against Managing Director alone is not maintainable. [Paras 11, 14, 15] B. Code of Criminal Procedure, 1973—Section 482—Quashing of proceedings—Where complaint suffers from fundamental legal defect and continuation of proceedings would amount to abuse of process, inherent powers can be exercised to quash proceedings—Complaint under Section 138 NI Act quashed where company not impleaded and accused ...

A. Preventive Detention—Grounds of Detention—Supply of Dossier—Detenu contended that the dossier forming the basis of detention was not supplied—Court found the plea contradictory as the detenu had admitted in the writ petition that the dossier had been furnished—Hence, the contention regarding non-supply of the dossier was rejected. B. Preventive Detention—Representation—Delay in Consideration—Constitutional safeguards require that a detenu’s representation against the detention order be considered and communicated with utmost promptitude—Unexplained delay in deciding the representation and conveying the decision violates procedural safeguards and renders the detention illegal. C. Judicial Review—Writ Proceedings—The Writ Court failed to examine the crucial iss...

A. Civil Service Regulations—Verification of Emoluments—The 24-month bar on verifying past emoluments for pension does not apply where employees have received undue benefits from deleted or withdrawn SROs or Government Orders beyond their effective dates—Employers retain the authority to correct such errors. [Paras 10–14] B. Administrative Law—Recovery of Excess Payments—Employees do not acquire a vested right to continue receiving benefits erroneously granted—Recovery of mistaken payments is permissible unless it causes undue hardship or arbitrariness—Employers are legally entitled to reclaim funds mistakenly disbursed. [Paras 15–17] C. Administrative Law—Protection of Certain Employees—Employees in Group 'C' and 'D' services, or those near retirement...

A. Civil Services Regulations (J&K)—Schedule XIX & Rule 14(b) of Leave Rules—Foreign Assignment—Government employee must obtain prior permission before engaging in foreign employment; applying for or attending an interview without formal permission constitutes misconduct. B. Conduct Rules (J&K), 1971—Rule 10(1)—Prohibits engagement in any other employment without prior sanction; mandatory language makes violation liable for disciplinary action. C. Administrative Law—Judicial Review—Tribunal’s Role—Tribunal cannot substitute its judgment for employer’s administrative or policy decision; interference is limited to cases of illegality, arbitrariness, mala fide conduct, or violation of statutory rules or principles of natural justice. D. Administrative Law—...

A. Compassionate Appointment—Exception to General Rule—Not a Matter of Right—Appointments under SRO 43 are exceptions to general public service appointments based on merit and equality under Articles 14 and 16 of the Constitution—They aim to assist families facing financial hardship due to the death of a government employee and cannot be claimed as a guaranteed right or a route to a higher post. (Paras 9, 10, 12, 14) B. Eligibility and Norms—Compassionate appointments must adhere to State policy and eligibility criteria—Norms prevailing at the time of application consideration are applicable. (Para 9) C. Discretionary Power for Higher Posts—Under Rule 3(2) of SRO 43 of 1994, the Government may, at its discretion, appoint a family member to a higher non-gazetted post if eligible and qualified...

A. CPC, 1908—Estoppel by Judgment—Appellant is precluded from re-agitating issues conclusively decided in a prior writ petition, especially when seeking ad-interim relief. (Para 15) B. Land Revenue Act (J&K), 1997—Migrant Property—District Magistrate Powers—Declaration of property as migrant and determination of unauthorized occupation require independent application of mind; reliance solely on subordinate reports is impermissible. (Paras 21, 23, 24) C. J&K Abadideh Survey & Record Operations Regulations, 2022—Objective of Regulations—Systematic survey, identification, mapping, and recording of Abadideh lands; mechanical actions ignoring regulations’ object are unsustainable. (Para 26) D. CPC, 1908—Interim Relief—Triple Test—Grant of ad-interim relief r...

A. Bail Application—Serious Offences—Discretion—Grant or refusal of bail in serious offences requires judicious exercise of discretion; it is not automatic. While a detailed examination of evidence is unnecessary, the court must record reasons for its prima facie conclusion. B. Bail Application—Prima Facie Case—Though courts avoid in-depth evaluation of evidence to prevent prejudging, a brief review is required to ascertain whether a prima facie case exists against the accused. C. Bail Application—Relevant Factors—Courts must consider the nature and gravity of allegations, severity of potential punishment, likelihood of witness influence, risk of tampering with evidence, criminal antecedents, and their own prima facie satisfaction regarding the charges. D. Bail Application—Grave All...

Government Liability—Hiring of Hotel Premises for Protected Persons—Accommodation and Catering Charges—Where hotel premises are requisitioned or hired by Government authorities for accommodating protected political persons, and security arrangements restrict independent commercial use of the premises, the Government is legally bound to honour claims for accommodation and catering charges incurred in such engagement (A, E)—The State cannot subsequently dispute the necessity of accommodation once the premises were placed under official control. Civil Procedure Code, 1908—Order VIII Rules 3 & 5—Admission by Non-Denial—Failure to specifically deny material averments in pleadings amounts to deemed admission, strengthening the claimant’s case (B). Natural Justice and Administrative Fairn...

Constitution of India, 1950—Article 226—Armed Forces / Disability Pension / Medical Board Opinion / Causal Connection / Aggravation of Disease—A writ petition under Article 226 challenging the allowance of OA by the Armed Forces Tribunal (AFT) for grant of disability pension was dismissed—The respondent, discharged in low medical category, had disabilities: Primary Hypertension and Impaired Fasting Glucose—The Release Medical Board assessed hypertension as neither attributable nor aggravated by service and glucose as aggravated—The AFT held that perfunctory one-line opinions without cogent medical reasoning are insufficient to deny pension—Under 2008 Entitlement Rules and Guide to Medical Officers (Military Pension), 2008, pension entitlement is not charitable but compensatory; courts give liberal...