A. Criminal Procedure Code, 1973 (CrPC)—Section 482—Quashing of FIR—Scope—High Court cannot conduct a mini-trial while exercising inherent jurisdiction—Where the FIR and investigation material disclose cognizable offences requiring trial, criminal proceedings should not be quashed merely because the accused disputes the allegations—Quashing is justified only in exceptional cases where continuation of proceedings amounts to abuse of process, applying the principles in Bhajan Lal. [Paras 8, 11, 12, 14, 15] B. Criminal Procedure Code, 1973 (CrPC)—Section 156(3)—Duty of Magistrate—Complaint alleging cognizable offence—Magistrate must pass a reasoned order after considering the complaint, status report, protest petition and rival version—The Magistrate must either direct regi...

A. Civil Procedure Code, 1908 (CPC)—Order VI Rule 17—Amendment of pleadings—Pre-trial amendments should be liberally allowed if necessary for effective adjudication and to avoid multiplicity of proceedings, provided they do not introduce a time-barred claim, alter the fundamental nature of the suit, or cause irreparable prejudice to the opposite party. (Paras 10-11) B. Civil Procedure Code, 1908 (CPC)—Order II Rule 2—Amendment of pleadings—The bar under Order II Rule 2 CPC applies to subsequent suits and does not govern applications for amendment of pleadings under Order VI Rule 17. (Para 11(i)) C. Civil Procedure Code, 1908 (CPC)—Order VI Rule 17—Consequential relief—An amendment seeking to incorporate the relief of possession based on already pleaded facts is ordinarily permiss...

A. Service Law—Fast Track Promotion Scheme—Delay and laches—A claim for promotion raised long after completion of the selection process is liable to be rejected on the ground of delay and laches—Repeated representations or their subsequent disposal do not revive a stale or dead cause of action. (Paras 7-17) B. Limitation Act, 1963—Stale claims—Fresh cause of action—Mere submission or consideration of representations, even pursuant to a court's direction, does not furnish a fresh cause of action or extend limitation—Delay must be assessed with reference to the original cause of action. (Paras 12-15) C. Service Law—Promotion—Vacancy calculation—Where the petitioner participated in the promotion process, failed to secure selection, and challenged the alleged miscalcu...

A. Criminal Procedure Code, 1973 (CrPC)—Sections 227 and 228—Framing of charge—At the stage of framing charges, the Court is required only to determine whether the material on record raises a grave suspicion of the accused having committed the offence—It cannot conduct a mini-trial or meticulously evaluate the evidence, but must ensure that the essential ingredients of the alleged offences are prima facie disclosed. (Paras 15-17) B. Unlawful Activities (Prevention) Act, 1967—Sections 13, 18, 39 and 40(2)—Framing of charges—Recovery of propaganda posters, cash, adhesive material and digital evidence indicating links with a proscribed terrorist organisation, coupled with contact with Pakistan-based handlers, constituted sufficient prima facie material to frame charges under the relevant provision...

A. Legal Metrology Act, 2009—Section 18—Legal Metrology (Packaged Commodities) Rules, 2011—Rules 2(bc) and 6—Quashing of Criminal Complaint—Differential MRP—Where the alleged offence of overcharging for a packaged commodity occurred on 25.10.2016, no statutory prohibition existed against a manufacturer declaring different Maximum Retail Prices (MRPs) for identical pre-packaged commodities—The prohibition against differential MRPs was introduced only by the 2017 amendment and became effective from 01.01.2018—Consequently, continuation of criminal proceedings for conduct predating the amendment constitutes an abuse of the process of law, warranting quashing of the complaint and all consequential proceedings. [Paras 1, 2, 5–10, 13, 15–18] B. Legal Metrology Act, 2009—Sectio...

A. Service Law—Rehbar-e-Taleem (ReT) Teacher—Selection Process—Validity of Selection Panel—Where an advertisement for engagement of Rehbar-e-Taleem (ReT) Teachers was issued, the petitioner was placed at Serial No. 2 in the merit list and the tentative select panel, which subsequently attained finality as no objections were received, the refusal of the Village Education Committee to sign the panel, contrary to the applicable SSA norms, cannot frustrate or stall the selection process—The authorities are bound to complete the selection process and issue the engagement order if the petitioner is otherwise eligible on merit. [Paras 1–5, 12–14] B. Administrative Law—Retrospective Operation of Executive Orders—Protection of Vested Rights—Government Order No. 919-Edu of 2018, providi...

A. Arbitration and Conciliation Act, 1996—Section 32(2)(c)—Termination of Arbitral Proceedings—Scope of Power—The power under Section 32(2)(c) to terminate arbitral proceedings can be exercised only where the Arbitral Tribunal is satisfied, on the basis of material on record, that continuation of the proceedings has become unnecessary or impossible for any reason—Such satisfaction must be expressly recorded and the provision cannot be invoked casually or mechanically, as doing so would defeat the objective of expeditious adjudication under the Act. [Paras 9–11] B. Arbitration and Conciliation Act, 1996—Sections 32(2)(c) and 25(c)—Non-appearance of Party—Effect—Once statements of claim and defence have been filed, the Arbitral Tribunal cannot terminate the proceedings under Sec...

A. Penal Code, 1860—Sections 376 & 511—Attempt to Commit Rape—Where medical evidence does not establish penetration but proves sexual assault through injuries, ejaculation, and genital rubbing causing perineal laceration, conviction under Section 376 is unsustainable and is liable to be altered to one under Section 376 read with Section 511 for attempt to commit rape. (Paras 7, 40, 48, 59, 60) B. Penal Code, 1860—Section 376—Delay in Lodging FIR—Delay in reporting sexual offences, arising from social stigma, parental concern, and hesitation in approaching authorities, is not by itself fatal to the prosecution case and does not necessarily impair its credibility. (Paras 12, 17, 21, 24, 51, 53, 54) C. Penal Code, 1860—Section 376—Appreciation of Evidence—The prosecutrix's t...

A. Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)—Section 37—Bail—Mandatory satisfaction—Recording the satisfaction mandated under Section 37 is a condition precedent for grant of bail—Unless the Court records the statutory findings required under the provision, bail cannot be granted. [Para 12] B. Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)—Section 37—Bail—Prolonged incarceration—Mere prolonged custody or the likelihood of delay in conclusion of trial does not override the stringent conditions prescribed under Section 37 of the NDPS Act—The statutory embargo continues to govern the exercise of the Court's discretion. [Para 13] C. Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)—Section 37—Bail—Prima ...

A. Arbitration and Conciliation Act, 1996—Section 11(6)—Appointment of Arbitrator—Scope of judicial scrutiny at referral stage—In a petition for appointment of an arbitrator arising out of a construction contract, objections relating to authorization and invocation of the arbitration clause may be considered by the Court only to determine the prima facie existence and applicability of the arbitration agreement. [Paras 1, 8, 13, 14] B. Contract Law—Pre-arbitration dispute resolution mechanism—Exhaustion of contractual remedies—Where the contract provides for prior reference of disputes to an Adjudicator/Dispute Review Expert (DRE), a party is ordinarily expected to exhaust such mechanism before invoking arbitration; however, the requirement is not absolute and depends upon the feasibility and ap...