Criminal Procedure Code, 1973—Section 125(1)(b) & (c)—Maintenance of children—High Court in revisional jurisdiction cannot grant or extend maintenance beyond age of majority except where child suffers from physical or mental abnormality or injury rendering it unable to maintain itself—Direction of Supreme Court in Chandrashekar v. Swapnil issued in exercise of powers under Article 142—Such power not available to High Courts. [Paras 9–11] ...
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 179—Power to require attendance of witnesses—Summons under Section 179 can be issued only during an investigation—Investigation begins only after registration of FIR for a cognizable offence—Preliminary inquiry merely verifies whether a cognizable offence is disclosed and is not an investigation—Issuance of summons during preliminary inquiry without FIR held illegal—Summons quashed. [Paras 8–14, 16] B. FIR Registration—Commencement of investigation—Investigation commences only upon registration of FIR relating to a cognizable offence—Scope of preliminary inquiry limited to ascertaining whether information discloses cognizable offence, not to test truthfulness. [Paras 11, 13] C. Directions to Police Authorities—...
A. Transfer of Property Act, 1882—Section 58(f)—Applicability in Nagaland—The Act is not applicable in Nagaland unless adopted by the Legislative Assembly; only its spirit and principles may be applied. [Para 34] B. Nagaland Money Lenders Act, 2005—Applicability—The Act not applicable in strict sense where lender lacks licence; it may be treated only as a guideline or recommendation. [Para 34] C. Mortgage Deed—Clog on Right of Redemption—Clause providing automatic forfeiture of mortgaged property on default is unlawful and unenforceable as it constitutes a clog on the mortgagor’s right of redemption. [Para 35] D. Mortgage Deed—Registration and Stamp Duty—Mortgage deed creating or extinguishing rights in immovable property requires proper registration and stamp duty; othe...
A. Assam State Commission for Women Act, 1994—Section 10—Jurisdiction—The Assam State Commission for Women has no authority to adjudicate or direct payment of maintenance—Its functions under Section 10 are limited to investigative, recommendatory, and promotional roles, and do not extend to determination of rights or liabilities between parties. B. Constitution of India—Article 226—Writ Jurisdiction—The High Court, in exercise of writ jurisdiction, set aside the Commission’s order directing maintenance, holding it to be a jurisdictional error as the Commission acted beyond its statutory powers. C. Maintenance—Statutory Remedies—Maintenance claims are governed by specific legal provisions such as Section 125 CrPC (now Section 144 BNSS) and personal laws—The Commission ...
A. Food Corporation of India (Staff) Regulations, 1971—Regulation 60—Recovery Proceedings—Where large quantities of food grains were found missing from storage under employees’ charge, initiation of summary recovery proceedings was held unsustainable in absence of proof of negligence—Mere shortage does not establish liability; negligence must be clearly attributable—Accordingly, stoppage of recovery proceedings was upheld. B. Food Corporation of India—Circulars—Recovery Policy—As per FCI circulars, recovery from employees is permissible only upon prima facie establishment of negligence and must be calculated at prevailing economic cost—Adoption of summary procedure without proof of guilt or negligence renders recovery arbitrary and against public policy. C. Food Corporation...
A. Industrial Disputes Act, 1947—Sections 2(oo), 25F—Retrenchment—Termination of a workman engaged on periodic contractual appointments, upon non-renewal of contract, falls within the exception under Section 2(oo)(bb) and does not amount to retrenchment—Consequently, compliance with Section 25F is not required, particularly where the workman has not completed 240 days of continuous service preceding termination. B. Industrial Law—Compensation in lieu of reinstatement—Where reinstatement granted by the Tribunal is found unsustainable, courts may substitute it with lump sum compensation—Considering prolonged service and extended litigation, such compensation along with appropriate back wages may be awarded to balance equities. C. Industrial Disputes Act, 1947—Section 17B—Back Wages...
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 483—Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 21(c), 25, 29, 37—Bail—Commercial quantity— Recovery of 464 grams of heroin—Offence involves commercial quantity—Rigours of Section 37 NDPS Act applicable—Bail can be granted only if twin conditions satisfied, viz. (i) reasonable grounds to believe that accused is not guilty, and (ii) not likely to commit offence while on bail—“Reasonable grounds” means more than prima facie satisfaction—In absence of such satisfaction and existence of prima facie case, bail not maintainable—Application rejected. (Paras 5-8) B. Narcotic Drugs and Psychotropic Substances Act, 1985—Section 37—Bail principles—Scope of judicial scrutin...
A. Motor Vehicles Act, 1988—Section 173—Appeal Against Tribunal Award—Tribunal assessed claimant’s functional disability as 63% of the whole body based on a permanent right lower limb injury—Court noted tribunal erred in equating permanent limb disability with functional disability without justification, though claimant’s profession as a vegetable vendor could significantly affect earning capacity—No cross-objection filed; award unaltered—Appeals dismissed. [Para 24] B. Motor Vehicles Act, 1988—Section 166—Assessment of Functional Disability—Following Raj Kumar v. Ajay Kumar (2011) 1 SCC 343, percentage of functional disability must be clarified by medical expert as relating to whole body or specific limb—Tribunal erred in treating limb disability as whole-body fun...
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 ...
A. Writ Court Interference—Premature Intervention—A Single Judge’s interference in the selection process by directing reduction of experience marks before completion of the process and vetting by higher authorities was held to be premature and unwarranted. B. Counting Experience—Provincialized Colleges—Experience gained at colleges that have been provincialized is to be counted; Office Memoranda restricting engagement in deficit grant-in-aid colleges without sanctioned posts do not apply to such provincialized institutions. C. Reevaluation of Experience Marks—Selection Committee Role—The Selection Committee is directed to reevaluate candidates’ experience marks independently, making all necessary inquiries regarding legality of prior engagement, without being influenced by prior judici...