A. Criminal Procedure Code, 1973 (CrPC)—Sections 362 and 482—Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)—Section 528—Review and Recall of Criminal Orders—Section 362 Cr.P.C. prohibits a criminal court from reviewing or altering its final judgment on merits except to correct clerical or arithmetical errors—However, a well-recognized distinction exists between substantive review, which is barred, and procedural review, which is permissible to rectify orders rendered in violation of procedural fairness or principles of natural justice—The inherent powers under Section 482 Cr.P.C. or Section 528 BNSS cannot be invoked to circumvent the statutory bar on review of merits but may be exercised to cure procedural defects. [Paras 19–20, 36] B. Criminal Procedure Code, 1973 (CrPC)—Sections...

A. West Bengal District Court (Constitution of Service, Recruitment, Appointment, Probation and Discipline of Employees) Rules, 2015—Rule 22(b)—Promotion to Lower Division Clerk (LDC)—Promotion vacancies must be allocated in accordance with the applicable 50-point roster—Where procedural irregularities affect vacancy allocation, the Court may direct reallocation—Reserved category candidates who are senior and otherwise eligible are entitled to be considered against unreserved vacancies on merit. [Paras 12–16] B. West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1976—Rules 10(c) & 10(d)—Reserved vacancies—Carry forward of reserved vacancies is impermissible where eligible SC/ST candidates are available—Incorrect allocati...

A. Labour Law—Termination of service—Unauthorized absence—Termination for prolonged unauthorized absence was upheld where the employee remained absent for 161 days without complying with leave procedures—Habitual absenteeism, failure to substantiate medical grounds, and non-compliance with standing orders justified disciplinary action despite the Labour Court's order of reinstatement. [Paras 10–27] B. Principles of Natural Justice—Departmental enquiry—An enquiry is not vitiated where the employee voluntarily declines the assistance of a defence assistant, does not cross-examine management witnesses, and fails to seek time for producing evidence—Adequate opportunity having been afforded, the enquiry was held fair. [Paras 19 & 26] C. Standing Orders—Unauthorized leave&mdash...

A. Industrial Disputes Act, 1947—Section 33(2)(b)—Termination for unauthorized absence—Treating an employee's absence as leave without pay for administrative purposes does not condone the misconduct or invalidate disciplinary action—Regularization of absence does not preclude termination for unauthorized absence. [Paras 8–10] B. Industrial Disputes Act, 1947—Section 33(2)(b)—Unauthorized absence—Validity of charges—Charges specifying the relevant periods of unauthorized absence are not vague merely because every individual instance is not separately detailed—Sufficient particulars enabling the employee to defend the allegations satisfy the requirement of fairness. [Paras 10–11] C. Limitation Act, 1963—Section 5—Condonation of delay—Delay in filin...

A. Recruitment Law—Eklavya Model Residential Schools (EMRS)—Cancellation of candidature—Candidates who pursued two degrees simultaneously, one through regular mode and the other through distance/ODL mode, cannot be disqualified without considering the revised UGC guidelines—The recruiting authority was directed to reconsider the petitioners' eligibility in light of the modified UGC guidelines and pass a reasoned order within six weeks. [Paras 21–28] B. University Grants Commission (UGC) Guidelines—Simultaneous academic programmes—The 2022 UGC Guidelines permit simultaneous pursuit of one programme in regular mode and another through ODL/online mode—The modified guidelines further clarify that degrees obtained simultaneously before 2022, in accordance with the prevailing norms, are als...

A. Civil Procedure Code, 1908—Order VI Rule 17 & Specific Relief Act, 1963—Section 26—Amendment of pleadings—Amendment for correction of property description in the plaint and incorporation of a prayer for rectification of the Agreement to Sell is maintainable where necessary for determining the real controversy—The proviso to Section 26 permits such amendment without requiring a fresh suit—Since the trial had not commenced and no prejudice was caused to the defendants, the amendment was rightly allowed. [Paras 24–52] B. Specific Relief Act, 1963—Section 26—Rectification of instrument—Where an incorrect property description in an Agreement to Sell results from mutual mistake, the Court may permit amendment to seek rectification—Such rectification does not change the ...

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...