A. Bhartiya Nagrik Suraksha Sanhita, 2023—Section 528 BNSS—Inherent Powers—High Court empowered to modify bail conditions imposed by itself under Section 483 BNSS by invoking inherent powers under Section 528 BNSS to prevent miscarriage of justice, as bail conditions are interlocutory and modifiable. (Paras 4, 7, 12) B. Bhartiya Nagrik Suraksha Sanhita, 2023; CrPC, 1973—Sections 403 BNSS, 362 CrPC—Fuctus Officio Doctrine—Rejected argument that High Court loses power to modify bail after passing order; modification is a distinct inherent power separate from reviewing final judgment. (Paras 5, 6, 11) C. Constitution of India—Article 21—Right to Personal Liberty—Right to travel abroad recognized as fundamental right under Article 21, subject to reasonable restrictions balancing libe...

A. Constitution of India, 1950—Article 226—Writ Petition—Termination of Service—Forged Educational Documents—Petitioners appointed as Junior Accountants based on B.Com. qualifications—Verification revealed no admission or degree from alleged university—Termination upheld as cancellation of appointment for lack of eligibility, no separate enquiry required. (Paras 3, 15, 18, 19, 22, 24, 32) B. Penal Code, 1860 (IPC)—Sections 420, 467, 468, 471—Forgery and Fraud—Acquittal in Criminal Case—Petitioners acquitted on benefit of doubt—Acquittal does not entitle continuation in service based on forged documents due to different standards of proof. (Paras 8, 20, 21, 30, 31) C. Service Law—Termination of Probationer Trainee—Fraudulent Misrepresentation—Ap...

Civil Procedure Code, 1908—Order 6 Rule 17—The petitioners/tenants challenged the judgment dated 31.05.2025 passed by the Appellate Rent Tribunal, affirming the eviction order of the Rent Tribunal dated 12.10.2022 under Section 9 of the Rajasthan Rent Control Act, 2001—The eviction was sought by the respondent/landlord on grounds of personal bona fide necessity and sub-letting—The Tribunal rejected the ground of sub-letting but upheld the landlord’s bona fide need and passed an eviction order—Petitioners contended that the tenancy existed in the name of a partnership firm, M/s Vyapar Udhyog Pratishtan, and not the individual tenant, and that the non-joinder of the firm and a third partner rendered the eviction application defective—The Court held that the original tenancy was with Shankar Lal Fate...

Prevention of Corruption Act, 1947—Section 5(2)—This judgment pertains to the legality of investigation and conviction in a corruption case involving a Central Government employee under Section 161 IPC and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947—The appellant challenged the trap proceeding conducted by the State Anti-Corruption Bureau (ACB), contending it was unauthorised since only the Delhi Special Police Establishment (CBI) could investigate such matters—The Court rejected this argument, holding that State Police officers of rank not below Deputy Superintendent of Police are empowered to investigate offences under Section 5-A of the Act, even against Central Government employees—It cited relevant case law including H.N. Rishabud v. State of Delhi and Munna Lal v. St...

Rajasthan Municipalities Act, 2009, Section 39(1)—The petitioner, Chairperson of the Municipal Council, Karauli, challenged her suspension and initiation of judicial inquiry under Section 39(1) of the Rajasthan Municipalities Act, 2009, in relation to alleged illegal issuance of pattas—The Court held that preliminary fact-finding by subordinate officers does not vitiate proceedings, as such actions are administrative in nature and the principle of delegatus non potest delegare does not apply—The Court clarified that Article 14 does not support “negative parity,” and the petitioner cannot seek relief merely because no action was taken against the co-signing Commissioner—Suspension, being a temporary measure and not a punishment, was justified in view of serious allegations—The Court reaffirmed that...

writ petition challenging non-appointment as Stenographer Grade-III (Hindi) under the Rajasthan District Courts Ministerial Establishment Rules, 1986, the petitioner, a physically handicapped candidate, contended that despite securing 121.142 aggregate marks—including shorthand, speed, and efficiency tests—he was wrongly denied appointment for not meeting the shorthand speed requirement—The advertisement mandated passing a Hindi shorthand speed test at 70 WPM as per Rule 10 of the 1986 Rules—The petitioner’s shorthand speed was assessed at 50.167 WPM, below the prescribed minimum—The Court held that passing the shorthand speed test at the stipulated speed is a mandatory qualification, and mere aggregate marks above qualifying thresholds do not suffice—The Court rejected the petitioner’s plea...

Civil Procedure Code, 1908—Order 41 Rule 27—The Court held that termination of a probationer citing "unsatisfactory service" is legally permissible without a departmental inquiry or show-cause notice, as such termination reflects the employer's subjective satisfaction (Para 22)—However, when the real reason for termination is not performance but concealment of material facts, such as non-disclosure of a pending criminal case at the time of appointment, and this is evident from records or the employer’s own admission, then the order assumes a stigmatic and punitive character—In such instances, the principles of natural justice must be followed, including the issuance of a show-cause notice and affording the employee an opportunity to be heard (Paras 21, 23–25)—Even probationers are en...

NEET-UG 2025—Power Outage—Re-examination or Bonus Marks—Judicial Review—No Material Prejudice—Petitions Dismissed—In a batch of writ petitions led by Roshan Yadav v. Union of India, candidates who appeared for NEET-UG 2025 at Sikar, Rajasthan, sought re-examination or compensatory/bonus marks citing power failures (5–28 minutes), jumbled question papers, faulty wall clocks, and disrupted conditions due to storm and rain—The Court noted that only 31 candidates out of over 22 lakh nationwide raised such grievances, invoking the principle de minimis non curat lex—It held that power outages caused by natural events (vis major) cannot be grounds for relief, especially when examinations proceeded in natural daylight, and question papers were comprehensible without fragmentation—Statist...

Constitution of India 1950—Article 21—The petition addresses the critical issue of malnutrition and obesity affecting children, women, and citizens' physical and mental health in India, despite the existence of statutory provisions such as the National Food Security Act, 2013, and the Food Safety and Standards Act, 2006—The Court takes suo-motu cognizance of the ineffective implementation of these laws, which has led to poor nutrition standards, resulting in harmful physical and mental consequences—Key provisions of the National Food Security Act mandate nutritional support for pregnant women, lactating mothers, and children, while the Food Safety and Standards Act aims to regulate food safety and promote healthy eating—Despite these provisions, the authorities have failed to enforce them, contributing to...

Civil Procedure Code, 1908—Order 7 Rule 11(a)—Cause of Action—Maintainability of Suit Challenging Trust Deed/Will Despite Pendency of Status Declaration Suit—An application under Order 7 Rule 11(a) CPC for rejection of a plaint on the ground of absence of cause of action is not maintainable where the plaintiff challenges a registered Trust Deed and Will based on his asserted status as an adopted son, even if the suit seeking declaration of such status is pending adjudication—The execution of the Trust Deed and Will, alleged to be invalid, gives rise to a fresh and independent cause of action, enabling the plaintiff to institute a suit challenging those instruments on the strength of his claimed status—The pendency of the earlier suit for declaration of adoption does not bar the plaintiff from asserting ...