A. RFCTLARR Act, 2013—Sections 64 & 77—Protest Against Compensation—If the award becomes effective on a specific date, any correspondence or action prior to that date is irrelevant for determining acceptance or protest—A valid protest must be contemporaneous with or precede the receipt of compensation for a reference to be maintainable. (Paras 43, 55) B. RFCTLARR Act, 2013—Section 77(2)—Second Proviso—Prohibition on Reference Application—A person who receives compensation without protest is barred from filing an application for reference under Section 64. (Para 41) C. Land Acquisition Act, 1894—Sections 18 & 31 / RFCTLARR Act, 2013—Sections 64 & 77—Interpretation of Protest—Supreme Court judgments on Sections 18 and 31 of the 1894 Act are applicable ...

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013—Section 26(2) and First Schedule—Multiplication Factor—Determination of Compensation—Section 26(2) read with the First Schedule mandates application of a multiplication factor ranging from 1.00 to 2.00, as notified by the Appropriate Government, for determination of market value of land in rural areas, ensuring fair and equitable compensation (Paras 14, 19). The applicable multiplication factor is the one in force on the date of the preliminary notification initiating acquisition proceedings; a subsequent notification cannot retrospectively alter compensation rights (Paras 15, 20). Land Acquisition—Legality of Administrative Action—Verbal Orders—State action must be traceable to statuto...

Service Law—Seniority, Promotees vs. Direct Recruits, Officiating Appointments, DPC, Administrative Review—Petitioners, promoted as Assistant Engineers in the Department of Hydro Power Development, claimed seniority from 2002, having officiated and received pay scale in 2009, but substantive promotion was delayed until 2019, resulting in junior status to later-appointed direct recruits—Reliance was placed on Supreme Court precedents including Direct Recruit Class II Engineering Officers’ Association v. State of Maharashtra, State of West Bengal v. Aghore Nath Dey, and R.R. Verma v. Union of India to determine seniority between promotees and direct recruits—Petitioners contended that officiating appointments and pay scale entitlement should be counted for seniority, and that delay in holding Departmental Promo...

A. Civil Procedure Code, 1908—Section 115—Constitution of India—Article 227—Revisional and Supervisory Jurisdiction—Scope: Revisional powers under Section 115 CPC are confined to cases where the subordinate court has exercised jurisdiction not vested in it, failed to exercise jurisdiction so vested, acted illegally or with material irregularity, and where no appeal lies—Supervisory jurisdiction under Article 227 is to ensure that courts act within bounds of their authority and do not commit patent perversity, arbitrariness, or jurisdictional error resulting in manifest injustice—Mere errors of fact or findings rendered within jurisdiction are not grounds for interference. (Paras 18–20) B. Civil Procedure Code, 1908—Order XLI Rule 31—First Appellate Judgment—Compliance: T...

Constitution of India, 1950—Article 226; Foreigners Act, 1946—Foreigners (Tribunals) Order, 1964—Determination of Citizenship and Review of Tribunal Orders—Petitioner challenged the declaration of her as a foreigner by the Foreigners Tribunal under Article 226, presenting documents including voter lists and school certificates—The Tribunal’s finding was upheld, as the evidence was insufficient and unreliable to establish Indian citizenship—Alleged review petitions were found to be manufactured, with discrepancies in dates and notarization—School certificates and letters produced by witnesses not being the authors, and lacking contemporaneous records, were deemed inadmissible for proving lineage or connection to purported parents—Failure to link petitioner’s name in voter lists (1...

Assam Secondary Education (Provincialised Schools) Rules, 2018—Seniority of Graduate Teachers and Appointment of In-charge Principal—Under Rule 14(1) Proviso, seniority of Graduate Teachers is determined from the date of receiving the Graduate Scale of Pay provided the teacher is a Graduate—A teacher receiving the Graduate Scale of Pay without possessing a Graduate degree cannot claim seniority from that date—Rule 2(i) defines a "Graduate Teacher" as one holding a degree in Arts, Science, or Commerce; mere pay scale does not qualify—Retrospective regularization of service does not confer retrospective seniority, and seniority cannot pre-date inclusion in the relevant cadre—Ad hoc service is generally excluded from seniority, and prospective regularization applies for seniority purposes—A...

Protection of Children from Sexual Offences Act, 2012 (POCSO)—Sections 6, 8, 10—Conviction—Reliance on Victim’s Testimony—Alteration of Charge—Criminal Procedure Code, 1973—Sections 161, 164, 216, 217—Conviction under Section 6 POCSO Act cannot be sustained without proof of penetration—Inconsistencies between the victim’s Section 164 Cr.P.C—statement and trial testimony, along with medical evidence showing intact hymen, undermined the trial court’s finding—Statements under Section 161 Cr.P.C—are inadmissible as evidence, while Section 164 statements may corroborate or contradict testimony—Courts may alter charges under Sections 216 and 217 Cr.P.C—before judgment, ensuring no prejudice and allowing recall of witnesses if necessary—Section ...

Criminal Procedure Code, 1973—Sections 202, 200; Penal Code, 1860—Section 406; Postponement of Process; Private Complaints; Criminal Breach of Trust; Quashing of Proceedings—Under Section 202 CrPC, when the accused resides outside the Magistrate’s territorial jurisdiction, it is mandatory to postpone the issue of process and conduct an inquiry or direct an investigation to determine if sufficient grounds exist for proceeding—Section 202(1), read with Proviso (b), requires that in cases not exclusively triable by the Court of Session, the complainant and witnesses be examined on oath under Section 200 CrPC before directing police investigation—Section 406 IPC defines criminal breach of trust as entrustment of property or dominion over it, followed by dishonest misappropriation, conversion, or disposal in...

A. Negotiable Instruments Act, 1881—Section 143-A—Interim compensation—Scope and discretion—Held, grant of interim compensation under Section 143-A NI Act is discretionary and not mandatory—Court must record reasons and prima facie assess merits of the complaint as well as plausibility of defence—Where accused denies issuance and signature of cheque and defence is supported by prima facie material, grant of interim compensation is not justified. [Paras 17 to 19, 25] B. Negotiable Instruments Act, 1881—Sections 138 and 143-A—Denial of account and signature—Effect—Held, where evidence indicates that the cheque account does not belong to the accused and signature is disputed, raising serious triable issues, interim compensation should not be directed—Such disputed ques...

A. Negotiable Instruments Act, 1881—Sections 138 & 143-A—Interim compensation—Preconditions—Cheque alleged to be dishonoured on ground of “drawer’s signature differs”—Accused denied issuance of cheque, denied signature and denied existence of bank account—Bank Manager’s testimony indicated cheque account did not belong to accused—Criminal case alleging forgery already lodged—Held, where foundational facts of cheque issuance and signature are seriously disputed and supported by prima facie evidence, offence under S.138 not prima facie established—Interim compensation under S.143-A not justified. [Paras 22–25] B. Negotiable Instruments Act, 1881—Section 143-A—Nature of power—Discretion of Court—Power to grant interim compe...