Unconditional Stay on Arbitral Award – Granting – Arbitration Petition for Exclusive Marketing Agreement – Arbitrator awarded damages without proof of actual loss, contradicting settled law – Court finds award perversely and patently illegal, granting an unconditional stay. [Paras 1-37]

Principles of Damages in Contractual Breaches – Applicability and Proof – Held – In claims for damages, proof of actual loss is essential – Arbitrator’s decision awarding damages without such proof contravenes established principles, rendering award legally flawed. [Paras 32-33, 36-37]

Marketing and Distribution Agreement (MDA) – Arbitral Award Analysis – Damages for non-purchase of product under MDA – Award based on product price, not actual loss – Award fails to consider necessary deductions such as manufacturing costs. [Paras 6-7, 34]

Decision – Unconditional Stay on Arbitral Award – Arbitral award granting damages without proving actual loss found patently illegal and perverse – High Court stays award unconditionally, expedites hearing of the arbitration petition. [Paras 37-40]

Criminal Law - Petitioner's Arrest and Prosecution – Seizure of foreign liquor leading to petitioner’s arrest – Allegation of unlawful possession, storage, and non-payment of duty – Raid by Bidhannagar Excise Department on 31.10.2018 – Prosecution under Bengal Excise Act, 1909 and West Bengal (Foreign Liquor) Rules, 1998. [Paras 5-7, 15]

Defense of the Petitioner – Liquor as free samples for promotion, not for sale – Import and storage by Duomo Distribution Pvt. Ltd., petitioner's company – Contention that no excise duty applicable on non-sale items. [Paras 8-10, 17, 20-21]

Legal Principles for Prosecution of Company Directors – Supreme Court Precedents - Reliance on Supreme Court decisions establishing that directors or principal officers cannot be held vicariously liable for offences unless the company itself is part of the proceedings. Emphasized the mandatory prosecution of a company for holding its directors or officers liable. [Para 12, 30]

Analysis of Facts and Evidence – Seizure of Liquor and Defence of Samples - Scrutiny of the prosecution's claim of illegal possession, storage, and transport of foreign liquor against the petitioner's defence that the seized liquor was not for sale but samples, as evidenced by supporting documents. [Para 15-27]

Lack of Company as an Accused – Violation of Legal Procedure - absence of the company as an accused in the proceedings, which is a legal requirement for prosecuting its directors or principal officers, as per Section 46B of the Bengal Excise Act, 1909. [Para 29-35]

Decision – Quashing of prosecution report and proceedings against petitioner – Absence of company as an accused – Proceedings deemed not in accordance with law and an abuse of the process. [Paras 36-38]

Criminal Procedure Code – Section 482 – Quashing of FIR – Petition under Section 482 CrPC challenging the order for FIR registration and its subsequent quashing – Dismissal of petition based on detailed investigation and material collected – Observations made not to be construed as an opinion on the merits of the case. [Para 9, 16]

Criminal Breach of Trust and Conspiracy – Sections 406/120B IPC – Allegations of dishonest inducement and retention of payment for air tickets – Detailed investigation substantiating the charges against the petitioners – Quashing of FIR and chargesheet not warranted. [Para 11, 14, 16]

Judicial Vigilance – Magistrate's duty in scrutinizing allegations and issuing directions – Necessity of application of judicial mind in matters of criminal complaints – Reference to precedent cases outlining the principles for Magistrates' approach to criminal complaints. [Para 4, 5]

Civil Nature of Disputes – Differentiation between civil and criminal disputes – Consideration of the nature of the dispute in the context of criminal proceedings – Rejection of the argument that the dispute is purely civil based on the facts of the case. [Para 14]

Investigation Process – Role of investigating authorities in collecting evidence – Collection of statements and material demonstrating the commission of alleged offenses – Importance of thorough investigation in criminal proceedings. [Para 14]

Power of High Court – Exercise of inherent powers under Section 482 CrPC – High Court's authority to quash proceedings to prevent abuse of process or secure justice – Criteria for exercise of such powers in the context of criminal cases. [Para 15]

Trial Proceedings – Directions to expedite trial proceedings – Order for timely completion of trial in light of the age of the FIR. [Para 20]

Decision – Petition dismissed, FIR and chargesheet upheld – Court directed expedited trial proceedings, clarifying observations made were only for adjudicating the present petition, not a comment on merits of the case [Paras 16-23].

Property Ownership Dispute – Will of Mahant Narsingh Dass – Bequeathing property to Chela Har Narain and Chela Budh Ram – Chela Budh Ram's subsequent agreement relinquishing rights, challenged in court. [Paras 1-8, 66-68, 70-77]

Validity of Compromise/Relinquishment Deed – Compromise Deed executed by Chela Budh Ram favoring Chela Har Narain – Deed on plain paper, unregistered, and unproved – Inadmissible as per Section 17 of the Registration Act, 1908. [Paras 9, 66-68, 70-77]

Jurisdiction and Scope Under Article 227 – Challenging Judgments in Rent Control Tribunal (RCT) – Petition under Article 227 challenging judgments in RCT and Additional Rent Controller (ARC) regarding eviction upheld under section 14(1)(b) of Delhi Rent Control Act. Exercise of supervisory jurisdiction by High Court under Article 227 is circumscribed to issues of law and relevant facts for appreciating legal issues. [Paras 64, 82]

Documentary Evidence – Admissibility and Registration Requirements – Compromise Deed/Relinquishment Deed central to property ownership dispute not registered and not proved in accordance with law, thus inherently inadmissible as evidence. Reliance on such unregistered and unproved documents in judgments by ARC and RCT held to be misplaced. Necessity of registration under Section 17 of Registration Act, 1908 emphasized. [Paras 66-77, 80-81]

Effect of Inadmissible Evidence on Judicial Decisions – Decisions based on inadmissible evidence (Compromise Deed/Relinquishment Deed) are unsustainable. Conclusions drawn on such evidence by lower courts in eviction proceedings must be disregarded. Case remitted to RCT for fresh decision excluding inadmissible evidence. [Paras 80-83]

Remand for Fresh Adjudication – Case remitted to RCT for fresh adjudication based on findings of inadmissible evidence. RCT may direct fresh evidence if necessary. [Para 83]

Disposition – Petition disposed of with directions to RCT for fresh adjudication without order as to costs. [Para 84]

Rent Law - Eviction Order Challenged - Petitioner/tenant Mohd Irfan challenged the eviction order passed by the Rent Controller regarding shops No. 4 & 5 under Section 14(1)(e) of the Delhi Rent Control Act. The order was based on the landlord's (respondents) need for the premises for a boutique business. Petitioner argued the cessation of bona fide need due to respondent no. 2’s marriage to a Pakistani national [Para 1, 4, 4.1, 4.2].

Bona Fide Requirement - The Court upheld the landlord's requirement as bona fide. Emphasized that the crucial date for considering bona fide requirement is the date of the institution of the eviction petition. Marriage of the landlady (respondent no. 2) post-petition and potential migration does not extinguish her requirement or her rights as an Indian citizen [Para 4, 4.1, 4.2].

Ownership and Jural Relationship Established - The Court noted that the ownership of the premises and the jural relationship of tenancy were established through undisputed rent receipts. The petitioner/tenant’s contention under the Enemy Property Act was dismissed [Para 3.4, 5.1].

Alternate Accommodation - The Court agreed with the Rent Controller that the landlord is the best judge of the suitability of alternate accommodation. The respondents/landlords proved the lack of suitable alternate accommodation for running a boutique [Para 5.2].

Conclusion - The High Court found no infirmity in the impugned order of the Rent Controller and dismissed the revision petition filed by the petitioner/tenant [Para 6].

Dishonour Cheque - Quashing of Complaint Case No.19930/2016 under Section 138 NI Act - Petitioner, Neeta Gupta, seeks quashing of complaint filed by Suman Anand, alleging dishonored cheque of Rs.20,00,000/- - Petitioner claims no involvement as the cheque was signed solely by her late husband and she did not receive the statutory demand notice - Respondent alleges refusal by petitioner to accept notice - Matter of receipt of notice deemed suitable for trial [Paras 3-5].

Legal Framework under Section 138 NI Act - Criteria include cheque drawn for discharge of any debt or other liability, dishonored by the bank, and subsequent failure to pay post statutory demand notice - Not applicable if cheque not signed by accused in joint accounts - Supreme Court rulings in Aparna A. Shah v. Sheth Developers Pvt. Ltd. & Alka Khandu Avhad v. Amar Syamprasad Mishra cited for not prosecuting joint account holder who hasn’t signed cheque [Paras 6-10].

Decision - Petition allowed, criminal complaint against petitioner quashed due to absence of her signature on the cheque - Application of Section 138 NI Act deemed misuse of legal process in this context [Para 11].

Cancellation of Candidature - OBC-NCL Certificate Deadline - Petitioner's Challenge: The petitioner's candidature for a postgraduate medical course was cancelled by AIIMS due to the late submission of the OBC-NCL certificate, despite meeting all other eligibility criteria. The petitioner challenged this cancellation as arbitrary and lacking rational nexus with the objective of reservation [Paras 1-2, 15-17, 90].

Important Dates and Prospectus Guidelines - AIIMS Admission Process: The AIIMS prospectus specified a timeframe for the submission of valid OBC-NCL certificates (06.11.2022 to 05.11.2023). The petitioner, initially submitting an OBC-NCL certificate dated 02.10.2022, later uploaded a fresh certificate dated 23.11.2023 upon request [Paras 6-8, 11, 15, 58].

Judicial Scrutiny of Eligibility Criteria - Fundamental Rights Consideration: The court scrutinized the eligibility criteria set by AIIMS, especially the stipulated timeframe for OBC-NCL certificates. It emphasized that the OBC-NCL certificate is a mere proof of an existing fact, and its submission deadline should not nullify a candidate’s fundamental right to fair consideration under the reservation policy [Paras 40-42, 56-57, 90].

Arbitrariness in Timeframe for OBC-NCL Certificate: The court found AIIMS's timeframe for the OBC-NCL certificate arbitrary, lacking a rational nexus with the reservation objective, and creating unnecessary confusion and hurdles for deserving candidates [Paras 76-78, 90].

Distinction between Technical/Academic Qualifications and OBC-NCL Certificate: The court distinguished the nature of an OBC-NCL certificate from regular qualifications, holding that while the former confirms an existing status, the latter refers to the acquisition of a new skill or knowledge [Paras 81-82, 90].

Direction to AIIMS - Acceptance of Petitioner’s OBC-NCL Certificate: The court directed AIIMS to accept the petitioner's OBC-NCL certificate dated 23.11.2023 and confirmed his admission granted earlier under an interim order [Paras 90-91].

Criminal Law – Rape - Conviction and Sentencing - Sonu Surender (Appellant) convicted under Sections 376 (2) (i) and 376 (2) (n), 506(II) IPC, and Section 6 POCSO Act for sexually assaulting a 10-year-old girl - Sentenced to rigorous imprisonment for 10 years and fined ₹2,000 - Appellant's defense of false implication due to financial dispute rejected by the court [Paras 1-2, 27-34].

Evidence and Witness Credibility - Trial Court found victim's testimony consistent and credible despite minor improvements - Corroborated by mother and brother (PW-5 and PW-6) - Medical evidence confirmed assault - Discrepancies in father's testimony (PW-9) deemed non-detrimental to prosecution's case [Paras 5-7, 23-25].

Defense of False Implication - Appellant claimed false implication due to monetary dispute with victim's mother - Court found no evidence supporting this defense - Appellant's inconsistencies in statement under Section 313 Cr.P.C. not satisfactory [Paras 4, 26].

Legal Principles on Child Witnesses - Court relied on precedents for assessing credibility of child witnesses - Minor discrepancies not grounds for discrediting testimony - Importance of evaluating evidence in totality considering witness's age and background [Paras 18-22].

Decision: Appeal dismissed - Conviction and sentence upheld - Pending applications disposed of [Paras 34-36].

Electoral Roll Revision – Challenge to Deletion from Electoral Rolls – Petitioners challenge deletion of names from electoral rolls in Parchuru Assembly Constituency – Allegations of arbitrary actions violating principles of natural justice – Respondents contend due process followed, legal remedies available. [Paras 1-13]

Principles of Natural Justice – Claim of violation by petitioners – Court finds procedural compliance by respondents, emphasizing available statutory appeal mechanisms as more effective remedy for petitioners. [Paras 14-18]

Manual on Electoral Rolls, 2023 – Compliance and Legal Force – Arguments on non-adherence to the Manual by respondents – Supreme Court precedent cited, holding instructions in Manual not equivalent to law, non-compliance does not confer justiciable rights on petitioners. [Paras 21-22]

Direction for Statutory Appeal – Court opines that statutory appeal under Representation of the People Act, 1950, is a more efficacious remedy – No substantial grounds for interference under Article 226 of the Constitution. [Para 20]

Decision – Writ petitions disposed, directing petitioners to statutory appeal – Interim orders in specific petitions vacated – Separate consideration for W.P. No. 32986 of 2023. [Paras 24-26]

Observation on Electoral Process Integrity – Court underscores the importance of adherence to electoral laws for maintaining sanctity and public confidence in elections. [Para 27]