Service Law—Recruitment examination—Interim directions—Modification of order—Where earlier interim order permitting similarly placed candidates to participate in examination leads to practical and logistical difficulties, Court may modify such order to restrict relief to the concerned applicant only—Interim relief granted without creating any equity and subject to outcome of pending proceedings before High Court—Rights of parties kept open and unaffected by such interim directions. [Paras 2, 3] ...

Indian Penal Code, 1860—Sections 302, 307, 120B, 147, 148, 149, 323—Arms Act, 1959—Sections 4, 25—Bail—Long incarceration—Delay in trial—Parity—Where accused has undergone prolonged incarceration (over eight years), trial has not commenced and is likely to be delayed with numerous witnesses to be examined, continued detention is unjustified—Parity with co-accused already granted bail is a relevant consideration—Bail granted without expressing opinion on merits, subject to conditions ensuring presence, non-interference with witnesses and cooperation in trial, with liberty to cancel bail in case of violation. [Paras 10, 11] ...

Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Penal Code, 1860—Sections 406, 420, 465, 468, 471, 120B—Anticipatory bail—Grant—Interim protection—Where interim protection from arrest has been granted and the accused has cooperated with the investigation, and considering overall circumstances, anticipatory bail may be granted by making interim order absolute—Order rejecting anticipatory bail set aside—Relief granted subject to conditions including furnishing security, cooperation in investigation, and non-interference with witnesses, with liberty to cancel bail in case of violation. [Paras 8, 9, 10] ...

A. Code of Civil Procedure, 1908—Section 100—Constitution of India—Article 136—Second appeal—Concurrent findings—Interference—High Court, while exercising jurisdiction under Section 100 CPC, cannot interfere with concurrent findings of fact unless such findings are perverse, based on no evidence, or suffer from legal infirmity—Reappreciation of evidence is impermissible—Supreme Court also ordinarily does not interfere under Article 136 in absence of manifest illegality or miscarriage of justice. [Paras 31, 54, 55] B. Waqf Act, 1995—Sections 3(i), 32(2)(g)—Office of Sajjadanashin vis-à-vis Mutawalli—Jurisdiction—Sajjadanashin is a spiritual office concerned with religious and spiritual affairs of a Dargah, whereas Mutawalli performs administrative ...

A. Contempt of Courts Act, 1971—Section 2(c)—Constitution of India, 1950—Articles 129, 142—Criminal contempt—Protection of judicial officers—Gherao and obstruction of judicial officers discharging court-assigned duties amounts to a direct challenge to authority of Court and constitutes criminal contempt—Acts creating fear, intimidation or obstruction in discharge of judicial functions cannot be tolerated—Court bound to protect dignity and functioning of judiciary. [Paras 9, 10, 11] B. Administrative Law—Failure of State machinery—Law and order—Accountability—Inaction and delay by civil and police administration in responding to serious law and order situation involving judicial officers is deplorable—Authorities duty-bound to act promptly to ensure safet...

A. Contract Law—Administrative Law—Government contracts—Termination—Judicial review—Termination of contract based on findings of negligence and breach of contractual obligations is sustainable where supported by material and due consideration—Judicial review limited to examining legality, rationality and proportionality—Termination upheld when decision is neither arbitrary nor violative of due process. [Paras 2, 15, 25] B. Administrative Law—Blacklisting—Principles of natural justice—Show cause notice—Blacklisting, being stigmatic and having severe civil consequences, requires strict adherence to principles of natural justice—Specific and unambiguous show cause notice indicating intent to blacklist is mandatory—Failure to provide adequate notice and appl...

A. Constitution of India, 1950—Article 14—Service Law—Disciplinary proceedings—Quantum of punishment—Judicial review—Courts in judicial review cannot ordinarily interfere with punishment imposed by disciplinary authority unless it is shockingly disproportionate, irrational or perverse—Scope limited to examining decision-making process and not substituting penalty—Interference permissible only in rare cases where punishment shocks conscience. [Paras 9, 10, 17] B. Service Law—Parity in punishment—Co-delinquents— Doctrine of parity does not apply mechanically—Higher-ranking अधिकारी entrusted with greater responsibility can be subjected to stricter punishment than co-delinquents of lower rank—Difference in status, role and degree of accountabil...

A. Insolvency and Bankruptcy Code, 2016—Companies Act, 2013—Section 185—Code of Criminal Procedure, 1973—Bail—Conditions—Violation—Cancellation— Where accused failed to comply with conditions imposed while granting bail, including obligation to settle claims of allottees and refrain from similar conduct, and continued to indulge in acts such as non-completion of project, fabrication of documents and siphoning of funds, such conduct disentitles him from relief—Bail liable to be cancelled for breach of conditions and abuse of concession. [Paras 4, 6, 53, 125] B. Insolvency and Bankruptcy Code, 2016—Companies Act, 2013—Section 185—Siphoning of funds—Moratorium period—Transfer of substantial funds (₹74 crores) to connected entities during moratorium p...

A. Code of Civil Procedure, 1908—Order IX Rule 13—Indian Succession Act, 1925—Sections 372, 383—Ex parte order—Minor—Non-impleadment—Ex parte order granting succession certificate liable to be set aside where minor legal heir was not impleaded and no guardian was appointed—Minor cannot be expected to act on public notice or defend proceedings—Non-impleadment and suppression of material facts vitiate proceedings—Application under Order IX Rule 13 CPC maintainable. [Paras 8, 9, 10] B. Code of Civil Procedure, 1908—Order IX Rule 13—Scope—Sufficient cause—Jurisdiction under Order IX Rule 13 CPC is wide and distinct from appeal—Applicant can establish sufficient cause for non-appearance—Where party was legally incapacitated (minor) and denie...

A. Service Law—Departmental enquiry—Principles of natural justice—Requirement of oral enquiry—Where charges are denied by delinquent employee, it is mandatory for employer to conduct proper oral enquiry by leading evidence and examining witnesses—Failure to examine any witness or to afford opportunity of cross-examination vitiates enquiry—Department must prove charges unless clearly admitted—Enquiry conducted without oral evidence held invalid. [Paras 14, 17, 18] B. Service Rules—Burden of proof—Admission—Evasive or non-specific denial of charges in disciplinary proceedings does not amount to admission—Departmental charge-sheet is not akin to pleadings in civil suit—Unless there is clear and categorical admission, burden lies on employer to prove charges by le...