Recall Applications – Basis for Recall – No Grounds Made Out – Applications Dismissed - The Court examined the recall applications filed by the Sports Authority of India (SAI) to revisit its previous order dated 28/02/2024. The petitioners argued that the order was based on their counsel's misunderstanding of the Tribunal's directions regarding the respondents’ status as "Initial Constituents" under the Staff Recruitment Rules, 2022. The Court held that such applications could not be entertained solely on the ground of an advocate's alleged misunderstanding, as it would undermine judicial discipline – Held: Recall applications dismissed [Paras 14-27].

Concessions by Counsel – Binding Nature – Cannot Be Resiled Without Valid Grounds - The Court emphasized that concessions made by counsel in judicial proceedings are binding unless proven to be unauthorized. SAI failed to demonstrate that the counsel acted beyond instructions when seeking extension of time to comply with the Tribunal’s order – Held: No valid ground to recall the earlier order [Paras 20-24].

Contempt Proceedings – Tribunal to Decide Compliance – No Opinion Expressed by Court - SAI contended that the order sought to be recalled might influence contempt proceedings pending before the Tribunal. The Court clarified that it expressed no opinion on the merits of compliance with the Tribunal’s directions and left the matter to be decided by the Tribunal – Held: Contempt issues to be addressed separately [Paras 28-32].

Purpose of Judicial Orders – Compliance and Finality - The Court reiterated the importance of compliance with judicial orders and cautioned against practices that disrupt judicial finality, emphasizing that recall applications should not be misused to revisit concluded issues – Held: Judicial discipline upheld [Paras 17-18].

Decision: The applications for recall of the order dated 28/02/2024 are dismissed. The right of the petitioners to contest contempt proceedings before the Tribunal remains reserved, and no opinion is expressed on the merits of the pending contempt matters.
 

Labour Law – Accident Compensation Employer-Employee Relationship – Determination by Commissioner – The Court upheld the finding of the Employees' Compensation Commissioner regarding the existence of an employer-employee relationship between the deceased and the first opposite party. Evidence such as receipts, accommodation bills, and cheques provided sufficient basis for this conclusion – Held: Employer-employee relationship established [Paras 7-9].

Validity of Insurance Cover Note – Extent of Liability – The insurance company contested its liability, arguing that the cover note lacked essential details such as engine and chassis numbers and had expired before the accident. The Court rejected this argument, holding that under Section 145(b) of the Motor Vehicles Act, a duly issued cover note is equivalent to a certificate of insurance. The appellant failed to notify the authorities about non-issuance of a policy post cover note issuance, as mandated by Section 147(5) – Held: Cover note deemed valid; insurer liable [Paras 10-14].

Burden of Proof – Responsibilities of Insurer – The Court clarified that the insurer bears the burden of proving cancellation of the cover note and refund of premiums if the policy is not issued. Failure to produce such evidence rendered the cover note enforceable – Held: Appellant's failure to discharge its burden confirms liability [Para 14].

Interest on Compensation – Employees' Compensation Act, 1923 – Compensation of Rs. 2,74,938/- with 12% annual interest and Rs. 2,500/- as funeral expenses, as ordered by the Commissioner, was upheld by the Court.

Decision: The appeal filed by the insurance company was dismissed. The Court directed the appellant to pay the compensation awarded by the Employees' Compensation Commissioner to the respondents promptly.
 

Judicial Orders of Civil Courts – Maintainability of Writ Petition – Article 226 and Article 227 of the Constitution – A writ petition under Article 226 challenging an interlocutory order of a civil court was filed – The petitioner sought quashing of an order rejecting an application under Order I Rule 10 CPC – Supreme Court in Radhey Shyam v. Chhabi Nath, (2015) 5 SCC 423, clarified that judicial orders of civil courts are not amenable to writ jurisdiction under Article 226 – High Court directed conversion of the writ petition into a Civil Miscellaneous Petition under Article 227 [Paras 2-3, 4-5].

Distinction Between Articles 226 and 227 – Superintendence and Writ Jurisdiction – Jurisdiction under Article 227 is distinct from that under Article 226 – Article 227 provides constitutional powers of superintendence over subordinate courts, whereas Article 226 applies to orders of tribunals and statutory authorities – Writ of certiorari does not lie against civil court orders; such orders are subject to appeal, revision, or Article 227 jurisdiction [Paras 18, 25-30 of Radhey Shyam].

Conversion of Writ Petition – Compliance with Procedural Rules – High Court Rules amended following Radhey Shyam to stipulate that petitions challenging civil court orders under Article 227 must be filed as Civil Miscellaneous Petitions – Petitioner granted four weeks to convert the writ petition into a Civil Miscellaneous Petition [Paras 3-4].

Pending Litigation – Expeditious Disposal Directed – Registry directed to facilitate conversion and prioritize listing due to prolonged pendency of the case for over a decade [Para 5].
 

Maintainability of Writ Petition – Public Element Absent – Petition Dismissed - The petitioner sought reinstatement following his termination by Webcon Consulting (India) Limited, asserting that the entity discharged public functions and fell under the ambit of "State" under Article 12. The Court, analyzing the shareholding structure and operations of Webcon, found no deep or pervasive government control. It held that Webcon was not a government company and that internal employment matters lacked the public element necessary to invoke writ jurisdiction under Article 226 – Held: Writ petition not maintainable [Paras 16-19].

Termination of Service – Staff Rules Validly Applied – No Contravention Found - The petitioner alleged that the Managing Director lacked authority to terminate his employment and that the termination contravened Staff Rule 5. The Court found that the termination complied with the staff rules, which allowed dismissal for disciplinary or integrity issues without notice. The petitioner failed to provide evidence contradicting the grounds of termination. Additionally, the authority of the Managing Director was validated by shareholder approval in proceedings before the NCLT – Held: Termination upheld; no grounds for interference [Paras 19-20].

Jurisdiction Under Article 226 – Scope Limited to Public Law Element - The Court reiterated that while bodies performing public functions are amenable to writ jurisdiction, internal decisions involving private employment contracts, absent statutory governance, fall outside the ambit of Article 226. Actions lacking a public law element cannot invoke constitutional remedies – Held: Writ jurisdiction not applicable to purely private contractual matters [Para 19].The writ petition is dismissed as not maintainable. The termination of the petitioner is upheld as per valid application of the company's staff rules.

Bail in Money Laundering Cases – Section 45 of PMLA – Twin Conditions Evaluated - The Court considered whether the petitioner satisfied the conditions under Section 45 of PMLA for bail, including whether there are reasonable grounds to believe the petitioner is not guilty and is unlikely to commit an offence if released. The petitioner was not arraigned as an accused in the predicate offence, raising questions about the prosecution’s case – Held: Petitioner satisfies the twin conditions; bail granted [Paras 14-15, 18-19].

Prolonged Incarceration – Right to Speedy Trial – Bail Granted - The petitioner has been in custody since 10th March 2023, and the trial involves voluminous evidence with no likelihood of early conclusion. The Court emphasized the constitutional right to a speedy trial under Article 21 of the Constitution and Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – Held: Continued detention amounts to pre-trial punishment; bail granted [Paras 22-28].

Restrictive Bail Provisions and Article 21 – Constitutional Balance - The Court observed that restrictive bail conditions under the PMLA cannot override the sacrosanct right to life and liberty under Article 21. A balance must be maintained between statutory provisions and constitutional guarantees – Held: Bail granted with stringent conditions to address apprehensions of witness tampering and flight risk [Paras 23-25].

Decision: The bail application is allowed.
 

Limitation - Condonation of Delay – Inordinate Delay – Application Rejected - The appellant sought condonation of a 4486-day delay in filing the appeal, attributing it to alleged professional misconduct by previous counsel and subsequent pursuit of an application under Order IX Rule 13 CPC. The Court held that the appellant, a corporate entity, failed to demonstrate sufficient cause for the delay or take action against the counsel for alleged misconduct. The explanation was found unsatisfactory, especially as the appellant neglected its duty of diligence in monitoring litigation – Held: Delay not condoned; application dismissed [Paras 1-10].

Section 14 Limitation Act – Lack of Good Faith – Benefit Denied - The appellant claimed exclusion of time spent in pursuing proceedings under Order IX Rule 13 CPC. The Court observed that the judgment under challenge was not ex parte, rendering the application misconceived. Further, the appellant failed to act with due diligence or in good faith, as required under Section 14 – Held: Time not excluded; appeal barred by limitation [Paras 9-10].

Professional Misconduct – No Action Taken – Explanation Unacceptable - The appellant alleged professional misconduct by its previous counsel but admitted to taking no action against the counsel. The Court noted that condoning the delay based on unsubstantiated allegations would unjustly condemn the counsel unheard, violating principles of justice – Held: Allegation rejected; delay not condoned [Paras 3-6].

Purpose of Limitation Law – Public Policy and Judicial Discipline – Court Reiterates Standards - The Court reiterated that laws of limitation are grounded in public policy, ensuring legal certainty and diligence. Unexplained delays and negligence undermine judicial discipline and fairness – Held: No interference with accrued rights of the respondents due to appellant’s inaction [Paras 7-8].

Decision: The application for condonation of delay is dismissed. Consequently, the appeal (RFA 797/2024) and accompanying applications are dismissed as barred by limitation.
 

Matrimonial Law - DNA Test for Paternity – Application under Section 45 and 112 of the Indian Evidence Act – The petitioner sought a DNA test of the respondent’s children to challenge their paternity – The trial court dismissed the application, relying on statutory presumption of legitimacy under Section 112 of the Indian Evidence Act – Decision: The High Court upheld the trial court’s order, emphasizing that mere doubt does not warrant DNA testing unless justified by compelling evidence [Paras 2-4].

Privacy and Autonomy – Limits on Ordering DNA Tests – Court reiterated that a direction for DNA testing impacts personal autonomy and the privacy of individuals, including minors – Decision: Such orders cannot be made as a matter of course, particularly when the outcome could harm the children’s future [Para 4].

Presumption of Legitimacy – Section 112 of the Indian Evidence Act – Presumption under Section 112 can only be rebutted by strong evidence that the husband had no access to the wife during conception – Decision: The petitioner failed to rebut the statutory presumption, and the application for DNA testing was rightly dismissed [Paras 3-4].

Decision: The criminal revision was dismissed for lack of merit, affirming the trial court’s reliance on Section 112 of the Indian Evidence Act and rejecting the petitioner’s request for DNA testing. Pending applications were also disposed of.

Bail – Relevance of antecedents – Applicability of "bail is the rule, jail is the exception" principle – Bail Granted - The petitioner, accused of serious offences under the Bharatiya Nyaya Sanhita, 2023, argued that the case was fabricated due to marital discord and emphasized his prolonged judicial custody of 40 days and completed investigation. The Court held that antecedents, though relevant, cannot automatically deny bail. It cited precedents emphasizing that bail should not be withheld as punishment. Further detention was deemed unnecessary, and bail was granted subject to conditions [Paras 7-10].

Judicial custody – Considerations for granting bail – Impact of investigation completion - Despite opposition from the prosecution citing the petitioner's antecedents and alleged threat to witnesses, the Court noted that the petitioner had cooperated with the investigation, which was practically complete. Held: Continued detention was unwarranted as sufficient conditions could be imposed to mitigate concerns of witness tampering and further offences [Paras 6-10].

Conditions for Bail – Safeguards against misuse - The Court imposed conditions to ensure the petitioner’s compliance, including appearance before the Investigating Officer, prohibition on tampering with evidence, and surrender of passport. Violation of conditions would empower the jurisdictional court to revoke bail [Para 10].

Bail Jurisprudence – SCs & STs (PoA) Act – Grant of Bail Post-Investigation – Held: Appellant accused of caste-based violence under the SCs & STs (PoA) Act granted bail – Court considered completion of investigation and absence of apprehension of evidence tampering – Observed that allegations require examination during trial – Bail granted on conditions [Paras 8-10].

Caste-Based Offences – Prima Facie Examination – Pre-Trial Stage – Held: At the bail stage, the culpability of the accused is not to be decided – Allegations of assault and caste-based insult require evidence scrutiny during the trial – Observed that the de facto complainant’s objections were not submitted [Para 8].

Property Dispute – Criminal Allegations Arising from Civil Dispute – Held: The appellant contended that the case emanated from a property dispute and claimed title over the disputed land – Court noted this submission but emphasized that such issues require detailed adjudication during trial [Paras 4, 9].

Bail Conditions – Judicial Custody and Prevention of Tampering – Held: Appellant enlarged on bail with stringent conditions – Required to report weekly to the police station and restrained from tampering with witnesses or evidence – Non-compliance will invite prosecution for bail cancellation [Para 10].

Decision:

The appeal was allowed. The trial court's order denying bail was set aside. Bail was granted to the appellant under strict conditions, including a personal bond of ₹20,000 with two sureties, weekly police station reporting, and prohibitions on evidence tampering.