A. Pension Reduction—Jharkhand Pension Rules, 2000—Rule 139—Power to reduce pension can be exercised only where entire service record is unsatisfactory or grave misconduct is established—A solitary irregularity does not justify treating the whole service as unsatisfactory. B. Procedural Safeguards—Rules 43(b) & 139—Deduction of pension mandates proper departmental or judicial proceedings with full opportunity of hearing—Mere allegations or unproven irregularities are insufficient to impose such penalty. C. Conditions Precedent—Rule 139(c)—Reduction of pension requires fulfillment of essential conditions, including initiation of full-fledged proceedings and proof of grave misconduct—Absence of these renders action unsustainable. D. Post-Retirement Penalty—For mi...

A. Hindu Marriage Act, 1955—Sections 13(1)(ia), 13(1)(ib), 25—Divorce on grounds of cruelty and desertion—Permanent alimony—Where marriage is dissolved on grounds of cruelty, desertion and irretrievable breakdown, Court is empowered to grant permanent alimony under Section 25—Quantum to be determined on basis of status of parties, income, financial capacity, conduct and future needs—Wife having no independent income and husband having sufficient means entitled to reasonable one-time settlement—Lump sum alimony of Rs.35 lakhs held just, fair and reasonable. [Paras 36 to 38, 63 to 67] B. Hindu Marriage Act, 1955—Section 25—Determination of permanent alimony—Principles—No straightjacket or mathematical formula for fixing maintenance—Court must balance financial c...

A. Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—Unlawful Activities (Prevention) Act, 1967 (UAPA)—Section 43D(5)—Grant of bail—Delay in trial—Prolonged incarceration and lack of progress in trial constitute valid grounds for granting bail, even under stringent statutes like UAPA. B. CrPC—Section 439—Bail—Constitutional Safeguards—Extended detention may render continued incarceration unconstitutional, potentially overriding statutory restrictions under Section 43D(5) if the trial is unlikely to conclude within a reasonable time. C. UAPA—Section 43D(5)—Bail—Consideration of Delay—Delay in trial must be assessed in totality, considering nature of allegations, statutory framework, and causes of delay, not merely passage of time. D. CrPC...

A. Criminal Procedure Code, 1973 (CrPC)—Section 482—Cheating (Section 420 IPC)—Allegation that the accused disclosed different ages in documents does not satisfy the essential ingredient of cheating, i.e., inducing someone to deliver property; therefore, no offence under Section 420 IPC is made out. (Para 7) B. Criminal Procedure Code, 1973 (CrPC)—Sections 465 & 468—Forgery—Essential ingredient of forgery is making a false document with intent to cheat; merely disclosing different ages in various documents, without evidence of falsification or fraudulent intent, is insufficient to constitute forgery. (Para 9) C. Criminal Procedure Code, 1973 (CrPC)—Section 482—High Court’s Power to Quash—Complaint dismissed by Magistrate and revision upheld by Sessions Court; no grounds...

A. Hindu Marriage Act, 1955—Section 13(1)(ia)—Cruelty—Second marriage during subsistence of first marriage—Solemnizing a second marriage during the subsistence of a valid first marriage amounts to mental cruelty—Such conduct causes deep psychological trauma and scars the mind of the other spouse—Constitutes a valid ground for dissolution of marriage—Decree of divorce granted. [Paras 12 to 14] B. Hindu Marriage Act, 1955—Section 13(1)(ia)—Mental cruelty—Scope—Mental cruelty includes conduct causing deep anguish, frustration, and mental suffering—Includes sustained abusive behaviour, indifference, lack of affection, or unjustifiable conduct affecting mental health—Concept is elastic and depends on facts and circumstances of each case. [Paras 12 and 13...

Criminal Procedure Code, 1973—Section 374(2)—Appeal Against Conviction—Reappreciation of Evidence—In an appeal against conviction under Section 374(2) CrPC, the appellate court is duty-bound to re-examine whether the prosecution has established guilt beyond reasonable doubt, particularly where conviction under Sections 302/34 IPC is challenged on grounds of absence of credible evidence and lack of proof of common intention (Para 9). Penal Code, 1860—Sections 302/34—Circumstantial Evidence—Common Intention—Where the prosecution case rests substantially on circumstantial evidence, the chain of circumstances must be complete and unbroken—Hostility of seizure list witnesses and failure to convincingly prove recovery of alleged incriminating articles, such as blood-stained clothes, creat...

Penal Code, 1860—Sections 302, 304 Part I, 34—Murder vs. Culpable Homicide—Application of Section 300 Exception 4 In a case arising out of a sudden quarrel between brothers over house construction, resulting in death, the conviction under Section 302 IPC was modified to Section 304 Part I IPC (Paras 30–62) The Court held that the incident occurred without premeditation, in the heat of passion during a sudden fight, and without the accused taking undue advantage or acting in a cruel or unusual manner, thereby attracting Exception 4 to Section 300 IPC (Paras 38–40, 45). Testimony of the sole eyewitness (wife of the deceased) revealed that the appellants were initially unarmed and procured weapons only after a scuffle; they did not flee the scene—circumstances inconsistent with a pre-planned murde...

Criminal Procedure Code, 1973—Section 319—Summoning of Person Not Initially Accused—Anticipatory Bail—Right to Liberty, Article 21, Constitution of India—Petitioner apprehended arrest under Sections 376(G) IPC and 4/6 POCSO Act after being summoned under Section 319 Cr.P.C., although not charge-sheeted or arraigned initially—Summoning under Section 319 is a discretionary and extraordinary power, exercisable only on careful judicial consideration of evidence, and must balance personal liberty and societal interest (Paras 6–7)—Mere issuance of summons under Section 319 does not preclude grant of bail, especially when the petitioner has no prior involvement in trial proceedings, and no likelihood of tampering with evidence or evading law exists (Paras 5, 7–8)—Apprehension of arrest ...

Hindu Marriage Act, 1955—Section 13(1)(i-a)—Cruelty and Desertion—Appellate Review—Allegations of cruelty and desertion under Sections 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955, must be established by cogent evidence—Mere assertions, including claims of illicit relationships, are insufficient, particularly when the alleged third party is not impleaded as a respondent—Separation of a spouse may not constitute desertion if it arises from compulsion or circumstances created by the other spouse’s conduct—Appellate courts, under Section 19 of the Family Courts Act, 1984, are empowered to re-examine both law and facts, reappraise evidence, and arrive at independent conclusions, ensuring that lower court findings are not perverse—In matrimonial proceedings, proof is evaluated on th...

Pensionary Benefits—Excess Payment and Notional Promotions—Contempt Proceedings—An employee’s pensionary benefits are subject to adjustment where excess amounts have been paid pursuant to revision orders, such as under the 6th Pay Revision Commission (PRC)—While the bank is entitled to deduct overpaid amounts arising from such revisions, payments made on account of notional promotion benefits cannot be deducted, particularly where the employee retired prior to bifurcation of the State and formation of a new State with separate entitlements—Disposal of a contempt petition on the ground of submission of a representation does not amount to acceptance of correctness of the authority’s decision—Notional promotion benefits, once disbursed, remain protected from retrospective deductions if the empl...