Service Law – Fixed Pay Policy – Graduate and Post Graduate Teachers – Equal Pay for Equal Work – Appellants appointed through regular selection process against sanctioned permanent posts of Graduate Teachers and Post Graduate Teachers – State policy restricted payment to 75% fixed pay for first five years – Held: Once appointed against regular posts after due selection, denial of regular pay scale amounts to irrational classification – Violates Articles 14 and 16 of Constitution [Paras 28–34].

Equal Pay for Equal Work – Scope – Applicability to Regular Appointees – Appellants discharged same duties, responsibilities, workload and sensitivity as teachers appointed prior to 2001 and those appointed through Tripura Public Service Commission – No distinguishing features shown by State – Held: Unequal pay for identical work impermissible – Doctrine squarely attracted [Paras 31–35].

Executive Policy – Memorandums of 2001 and 2007 – Constitutional Validity – Memorandum dated 15.12.2001 and 16.10.2007 introduced and continued fixed pay regime for Group C and D employees – Held: Policy of keeping regular pay scales in abeyance for sanctioned posts arbitrary, unreasonable and unconstitutional – Cabinet approval does not grant immunity from judicial review [Paras 42, 45–51].

Judicial Review – Policy Decisions – Limits – Courts normally refrain from interfering in policy matters – However, when policy violates fundamental rights or is arbitrary, courts are duty-bound to strike it down – Held: Fixed pay policy infringes Article 14 and hence liable to be invalidated [Paras 44–50].

Financial Stringency – Pleadings – Burden of Proof – Single Judge relied on alleged financial constraints of State – No pleading or material produced by State to establish financial hardship – Held: In absence of pleadings and evidence, financial stringency cannot justify denial of constitutional rights [Paras 52–55].

Appointment Terms – Temporary Appointment against Permanent Posts – Estoppel – Appointment letters described posts as temporary with termination clause despite advertisement for permanent posts – Held: State estopped from altering nature of posts post-selection – Such clauses arbitrary and violative of Article 14 [Paras 55–59].

Waiver – Estoppel – Fundamental Rights – Acceptance of appointment on fixed pay does not bar employees from challenging unconstitutional conditions – There can be no estoppel against Constitution and no waiver of fundamental rights – Held: Appellants entitled to challenge fixed pay condition notwithstanding acceptance [Paras 56–60].

Relief – Monetary Benefits – Limitation – Appellants approached Court belatedly – Held: Regular pay granted notionally from date of initial appointment – Arrears restricted to three years prior to filing of writ petitions with 9% interest – Costs awarded [Paras 65–66].

Decision: Writ Appeals allowed – Judgment of Single Judge set aside – Memorandums dated 15.12.2001 and 16.10.2007 struck down – Appellants deemed regular appointees from initial date – Regular pay scale granted with consequential benefits – Arrears limited to three years with interest @ 9% per annum – Costs awarded.

Criminal Law – Medical Negligence – Quashing of Complaint – Section 304-A IPC – Doctors prosecuted for alleged negligence leading to death of patient after delivery – Complaint and summoning order challenged under Section 482 Cr.P.C. – Held: In absence of prima facie medical evidence indicating gross rashness or negligence, continuation of criminal proceedings amounts to abuse of process of law [Paras 1–5, 12–13].

Medical Negligence – Requirement of Prima Facie Expert Opinion – Compliance with Jacob Mathew Guidelines – Hon’ble Supreme Court mandates credible and competent medical opinion before prosecuting doctors for criminal negligence – In present case, inquiry by medical board constituted pursuant to High Court directions found no negligence – Even prosecution witness (CW-3), supervising doctor at referral hospital, categorically deposed absence of negligence – Held: Summoning without such prima facie opinion unsustainable [Paras 8–10, 12].

Summoning Order – Non-application of Mind – Appreciation of Medical Evidence – Learned Magistrate relied on complaint narrative without recording any finding of rash or negligent act attributable to petitioners – Medical testimony on record exonerated doctors – Failure to refer matter to independent medical board or to appreciate expert evidence renders summoning order legally infirm [Paras 10–12].

Criminal Negligence – Distinction between Civil and Criminal Liability – Degree of Negligence – For offence under Section 304-A IPC, negligence must be gross and of very high degree – Mere complication during medical treatment or adverse outcome not sufficient – Postpartum hemorrhage and subsequent death held to be natural medical complication without proof of gross negligence [Paras 11–12].

Inherent Powers – Section 482 Cr.P.C. – Abuse of Process – Where criminal proceedings against medical professionals are initiated without adherence to settled legal safeguards and expert medical opinion, High Court justified in exercising inherent jurisdiction to prevent miscarriage of justice – Complaint and all consequential proceedings quashed [Paras 12–13].

Decision: Petition allowed – Criminal Complaint No. 164 of 2015 and summoning order dated 23.03.2018 quashed – All consequential proceedings set aside qua petitioners.

Matrimonial Law - Maintenance – Wife Living Separately – Sufficient Cause – Section 125(4) Cr.P.C. – Family Court denied maintenance to wife on ground that she refused to return to matrimonial home during proceedings under Section 9 HMA – Held, refusal to resume cohabitation despite restitution proceedings does not by itself disentitle wife from maintenance – Disqualification under Section 125(4) Cr.P.C. wrongly applied – Impugned finding unsustainable [Paras 8–9].

Maintenance – Cruelty and Dowry Demand – Proof – Family Court held absence of dowry or cruelty complaints fatal to wife’s claim – Held, non-filing of criminal complaint cannot be sole basis to deny maintenance – Conduct of husband in denying paternity of minor child indicative of matrimonial discord – Approach of Family Court held erroneous and hyper-technical [Paras 8–10].

Maintenance – Earning Capacity of Wife – Educational Qualification – Gainful Employment – Family Court rejected wife’s claim on ground of concealment of education and alleged earning capacity – Held, mere qualification or potential to earn not sufficient to deny maintenance – No cogent evidence of actual gainful employment produced by husband – Capacity to earn distinct from actual earning – Statutory right to maintenance cannot be defeated on speculative grounds [Paras 10, 11, 15–16].

Maintenance – Minor Child – Quantum – Adequacy – Maintenance of Rs. 3,000/- per month awarded to adolescent son held grossly inadequate – Father’s admitted gross salary of Rs. 48,350/- per month ignored – Excessive deductions towards loans wrongly permitted – Principles laid down in Rajnesh v. Neha requiring fair and realistic assessment overlooked [Paras 11, 17].

Maintenance – Social Justice – Object of Section 125 Cr.P.C. – Courts must adopt humane and practical approach – Maintenance provision intended to prevent destitution and ensure dignified life for wife and child – Mere ability to work or earn meagre income insufficient to deny relief – Wife entitled to live with dignity consistent with husband’s status [Paras 11–14].

Criminal Revision – Interference with Family Court Order – Family Court misconstrued evidence and misapplied settled legal principles – Order found legally unsustainable – Matter remanded for fresh determination of maintenance in accordance with law and Supreme Court guidelines [Paras 15–18].

Decision: Criminal Revision allowed – Order dated 03.10.2024 passed by Additional Principal Judge, Family Court, Bulandshahr set aside – Matter remanded to Family Court for fresh determination of maintenance payable to wife and minor son – Family Court directed to pass a reasoned order within one month – All rights and contentions of parties kept open.

Criminal Law – Section 482 – Inherent Powers – Quashing of FIR and Charge-sheet – Scope – FIR registered under Section 188 IPC read with Section 14(i) of Arunachal Pradesh Public Premises (Eviction of Unauthorized Occupant) Act, 2003 – Held: High Court can quash FIR even after filing of charge-sheet if continuation of proceedings amounts to abuse of process of Court [Paras 12–18, 26].

Indian Penal Code, 1860 – Section 188 – Cognizance – Bar under Section 195 CrPC – Mandatory Compliance – FIR lodged by public servant before police instead of written complaint to Magistrate – Police registered case and filed charge-sheet – Held: Prosecution for offence under Section 188 IPC can be initiated only on complaint in writing of public servant before Magistrate – FIR and charge-sheet to that extent void ab initio – Proceedings liable to be quashed [Paras 29–32].

Criminal Procedure Code, 1973 – Section 195 – Nature and Effect – Object – Protection against frivolous prosecution – Held: Any violation of mandatory procedure under Section 195 CrPC vitiates entire proceedings relating to offence under Sections 172 to 188 IPC – Cognizance taken contrary to statute unsustainable in law [Paras 30–31].

Arunachal Pradesh Public Premises (Eviction of Unauthorized Occupant) Act, 2003 – Section 14(i) – Penal Consequences – Cognizable Offence – Section 15 – Applicability of CrPC – FIR Maintainable – Held: Act provides both civil and penal consequences – Section 14 creates offence of unauthorized occupation – Section 15 expressly applies CrPC treating offence as cognizable – No statutory bar against lodging FIR for offence under Section 14 – Criminal proceedings to that extent valid [Paras 33–37].

Public Premises – Unauthorized Occupation – Eviction Proceedings and Criminal Liability – Distinction – Held: Civil remedies such as eviction, demolition and appeal under the Act are independent of penal prosecution under Section 14 – Availability of civil remedies does not bar criminal action where statute so permits [Paras 33–35].

Section 482 CrPC – Exercise of Power – Partial Quashing – Severability – Held: Where FIR discloses multiple offences and statutory bar applies only to one, proceedings can be quashed partially – FIR and charge-sheet quashed only to extent of offence under Section 188 IPC while allowed to continue for offence under Section 14 of 2003 Act [Paras 38–39].

Decision: Criminal petition partly allowed – FIR dated 14.08.2019 and Charge-sheet No. 02/2020 quashed to extent of offence under Section 188 IPC – Criminal proceedings under Section 14(i) of the Arunachal Pradesh Public Premises (Eviction of Unauthorized Occupant) Act, 2003 upheld – Trial to proceed in accordance with law – Petition disposed of [Paras 38–40].

Pre-emption – Co-sharer’s Right – Superior Right – Plaintiff proved to be co-sharer at time of sale and institution of suit – Suit land forming part of joint holding and not partitioned – Held: Co-sharer in unpartitioned land has superior right of pre-emption over vendee [Paras 5–7, 15–16].

Pre-emption – Gair Mumkin Bara – Section 5(b) Punjab Pre-emption Act – Exclusion of reclaimed waste land – Mere entry of land as Gair Mumkin Bara does not automatically attract bar under Section 5(b) – No evidence that land was reclaimed waste land by vendee – Held: Suit land remains pre-emptable [Paras 14–15].

Partition – Effect on Right of Pre-emption – Private partition mutation relied upon by vendee – Mutation related only to agricultural land – No proof of partition of Bara portion – Bara continued to remain joint – Held: Plaintiff continued as co-sharer retaining right of pre-emption [Paras 15–16].

Improvements – Claim by Vendee – Expenditure on improvements – Plea of spending ₹4,500/- on raising boundary walls – No cogent evidence produced – Self-serving plea rejected by courts below – Findings affirmed [Paras 5–7].

Concurrent Findings – Scope of Regular Second Appeal – Trial Court and First Appellate Court concurrently held plaintiff entitled to decree of pre-emption – Findings based on proper appreciation of evidence – No substantial question of law arising – Held: No interference warranted under Section 100 CPC [Paras 16–17].

Decision: Regular Second Appeal dismissed – Judgments and decrees dated 22.07.1992 and 27.07.1993 passed by the Courts below upheld – Concurrent findings affirmed – Pending applications disposed of [Paras 17–18].

Arbitration and Conciliation Act – Section 11(6) – Institutional Arbitration – Exhaustion of Agreed Procedure Mandatory – Employment agreements contained arbitration clause providing for appointment of sole arbitrator in accordance with MCIA Rules – Respondent accepted invocation of arbitration and did not default in agreed procedure – Held: Where parties have consciously agreed to an institutional mechanism for appointment of arbitrator, Court cannot appoint arbitrator under Section 11 without first requiring parties to exhaust agreed procedure – Section 11 jurisdiction arises only upon failure of agreed mechanism [Paras 13–16].

Arbitration Clause – MCIA Rules – Seat and Venue at Indore – No Inconsistency – Contention that MCIA Rules can operate only if seat is Mumbai rejected – Rule 30 of MCIA Rules permits parties to agree on seat of arbitration – Fixing Indore as seat and venue does not render MCIA Rules inapplicable – Arbitration clause held coherent and workable [Paras 11–12].

Section 11 Jurisdiction – Prematurity of Petition – Applicants invoked arbitration and respondent consented to invocation – Applicants failed to take further steps under MCIA Rules for appointment of arbitrator – Direct approach to High Court held premature and impermissible – Court cannot bypass institutional framework agreed by parties [Paras 13–16].

Party Autonomy – Binding Nature of Arbitration Agreement – Parties bound by dispute resolution clause consciously agreed in employment contracts – Applicants cannot resile from agreed procedure merely because arbitration is institutional – Party autonomy is cornerstone of arbitration law and must be respected [Paras 14–16].

Reliance on Supreme Court Precedent – Parmar Construction Case – Reiterated that default procedure under Section 11 can be invoked only when agreed appointment mechanism fails or becomes inoperative – High Court must first give effect to contractual mechanism before appointing independent arbitrator [Paras 14–15].

Multiple Applications – Common Arbitration Clause – Common Outcome – All three employment agreements contained identical arbitration clause – Common order passed dismissing all three applications – Liberty granted to applicants to invoke MCIA mechanism in accordance with rules [Paras 1, 17].

Decision – Arbitration Case Nos. 105, 106 and 107 of 2025 dismissed – Liberty granted to applicants to approach Mumbai Centre for International Arbitration for appointment of sole arbitrator as per MCIA Rules and employment agreements – No appointment made by Court under Section 11 [Para 17].

Civil Suit – Rejection of Plaint – Order 7 Rule 11 CPC – Application seeking rejection of plaint on ground that suit for administration of estate is barred in law as plaintiff had propounded a Will and probate proceedings were pending – Held: Plaint cannot be rejected where it discloses a cause of action and is not barred by law – Order VII Rule 11 invoked erroneously [Paras 57–58, 70–71, 76].

Administration of Estate – Civil Court Jurisdiction – Distinction from Probate Proceedings – Plaintiff propounded Will of 1994 and filed probate petition as executor – Defendant contended civil court lacked jurisdiction till probate decided – Held: Probate court has exclusive jurisdiction only to decide genuineness and execution of Will – Administration of estate and protective reliefs fall within civil court’s jurisdiction – Remedies are distinct and can proceed concurrently [Paras 59–62, 73, 77].

Pending Probate – Maintainability of Administration Suit – Mere pendency of testamentary proceedings does not bar institution or continuation of suit for administration of estate – Grant of probate may follow suit but must precede final decree – Section 213 of Succession Act not a bar to institution of civil action [Paras 63–64].

Executor – Section 211 Succession Act – Legal Representative – Executor becomes legal representative of deceased upon death – Vesting of estate enables prosecution of civil proceedings without waiting for probate – Rights subject to outcome of probate proceedings [Paras 63, 45].

Two Competing Wills – Civil Court’s Limited Role – Plaintiff acknowledged later Will of 2012 propounded by defendant – Held: Civil court need not and cannot decide which Will is genuine – Testamentary court alone to adjudicate validity – Civil court confined to administration and protection of estate [Paras 62, 73–74].

Alternative Pleas – Will and Intestacy – Permissibility – Plaintiff sought administration as per Will and alternatively on intestacy – Objection that pleas were mutually destructive rejected – Held: Alternative pleas permissible where factual foundation not inconsistent – Alternate relief would arise only if both Wills held invalid [Paras 65–67].

Contradictory vs Alternative Pleas – Test Applied – Pleas not self-destructive as they operate on different eventualities – Reliance on Praful Manohar Rele and Sarva Shramik Sangh affirmed – No bar to claiming alternate reliefs on same factual matrix [Paras 65–67].

Rejection of Plaint in Parts – Impermissible – Defendant sought rejection of prayers (a) to (c) alone – Held: Plaint must be read as whole – Partial rejection not permissible under Order VII Rule 11 CPC [Paras 70].

Concurrent Proceedings – Civil and Testamentary Courts – Suit for administration and probate proceedings may proceed simultaneously – Final decree in administration suit to await outcome of probate proceedings [Paras 77].

Decision – Notice of Motion seeking rejection of plaint dismissed – Suit held maintainable – Four weeks’ stay granted on operation of order [Paras 78–80].

Criminal Law – Sexual Offences Against Child – Conviction Based on Sole Testimony of Victim – Sufficiency of Evidence – Appellant convicted for wrongful restraint, outraging modesty and rape of a minor girl – Victim gave a clear, cogent and consistent account of sexual assault involving digital penetration and sexual acts – Cross-examination failed to discredit her testimony – Held: Conviction can be safely based on sole testimony of prosecutrix when it inspires confidence [Paras 14–17, 22].

Evidence – Minor Contradictions and Omissions – Effect – Defence highlighted omissions in statements under Sections 161 and 164 CrPC and discrepancies regarding disclosure of incident – Held: Minor omissions which do not affect the core of prosecution case are inconsequential and do not undermine credibility of victim’s testimony [Paras 16, 23–24].

Medical Evidence – Absence of Injuries – Not Fatal – Medical examination conducted after lapse of time showed no genital injuries – Doctor opined that injuries could heal within 7–10 days – Held: Absence of medical corroboration does not discredit otherwise trustworthy testimony of victim – Medical evidence not sine qua non for conviction in sexual offence cases [Paras 20–22].

Delay in Lodging FIR – Sexual Offences – Explained – FIR lodged after victim disclosed incident to friend and family – Delay satisfactorily explained due to fear, trauma and social stigma – Held: Delay in sexual offence cases cannot be equated with other crimes and does not vitiate prosecution case [Paras 22].

Non-Examination of Certain Witnesses – Adverse Inference – When Not Warranted – Defence argued non-examination of daughter of appellant and other relatives – Held: When evidence on record is overwhelming and unimpeachable, non-examination of some witnesses is not fatal and does not warrant adverse inference [Paras 36].

Rape – Section 375(b) IPC – Digital Penetration – Act of inserting finger into private part of minor squarely falls within Section 375(b) IPC – Consent irrelevant as victim was a minor – Offence of rape clearly made out [Paras 41–42].

Goa Children’s Act – Grave Sexual Assault – Acts proved constituted “grave sexual assault” under Sections 2(y)(i) & (ii) punishable under Section 8(2) – Conviction under special statute justified [Paras 43–44].

Sentence – Age of Accused – No Mitigation in Child Sexual Offence – Appellant aged above 80 years sought leniency – Held: Advanced age of accused not a mitigating factor in offences involving sexual assault on a child – Protection of child and societal conscience paramount [Paras 50–52].

Decision: Criminal Appeal dismissed – Conviction and sentences imposed by Children’s Court affirmed – Appellant directed to surrender forthwith – Prayer for stay rejected.

Criminal Law – Murder and Attempt to Murder – Appeal against Conviction – Abatement of Appeal on Death of Co-Accused – Appeal surviving only for one accused – Sections 302/34 and 307/34 IPC – Common Intention – Proof – Appeal partly abated due to death of accused-appellant Nos. 1 and 2 – Appeal considered only qua surviving appellant – Conviction challenged on ground of absence of common intention and overt act – Prosecution case based on prompt FIR, consistent eyewitness testimony and corroborative medical and forensic evidence – Accused arrived together armed with country-made pistols and bombs and jointly attacked victims – Pre-planned and premeditated assault established – Held: Ingredients of Section 34 IPC fully proved and conviction justified [Paras 1, 10, 21, 29, 33].

Common Intention – Section 34 IPC – Scope and Application – Contention that surviving appellant did not fire at deceased and therefore could not be convicted with aid of Section 34 IPC – Rejected – Common intention can be inferred from conduct, circumstances and participation in joint criminal act – Active presence, being armed, and participation in attack sufficient – Supreme Court precedents relied upon – Held: Section 34 IPC rightly invoked [Paras 11–13, 26–29].

Evidence Appreciation – Eyewitness Testimony – Credibility – Informant (PW-1) natural and reliable witness – Presence at place of occurrence established – Testimony consistent with FIR and corroborated by PW-2 – No material contradictions or embellishments – Evidence inspires confidence – Held: Conviction can safely be based on such testimony [Paras 16–20].

Medical and Forensic Evidence – Corroboration of Ocular Version – Multiple firearm and blast injuries found on deceased and injured witnesses – Medical opinion consistent with use of firearms and bombs – Recovery of empty cartridges, pellets, tiklis and bomb remnants from scene – Oral evidence fully supported by medical and scientific evidence – Held: Prosecution version proved beyond reasonable doubt [Paras 21–25].

Sentence – Life Imprisonment – No Interference Warranted – Trial Court’s judgment based on proper appreciation of evidence – No perversity or illegality found – Appeal dismissed – Surviving appellant directed to surrender to undergo remaining sentence – Bail cancelled [Paras 30–36].

Decision: Criminal Appeal dismissed – Conviction and sentence under Sections 302/34 and 307/34 IPC affirmed – Direction issued for surrender of surviving appellant and compliance by Chief Judicial Magistrate.