Election Disqualification – Challenging the disqualification of elected members of Supreme Court Bar Association Multi-State Cooperative Group-Housing Society Ltd. by Central Registrar of Cooperative Societies (Respondent No. 2) – Disqualification for a period of five years from date of order – Petition filed against jurisdiction and procedure of disqualification. [Para 1-2]

Election Procedure – Revision of election programme and publication of final list of candidates by the Returning Officer (Respondent No. 4) – Petitioners' inclusion in final list and objection to their exclusion on the eve of the elections – Allegations of vested interest by complainants in the election. [Para 3-4]

Jurisdiction and Authority – Respondent No. 2's order based on Section 43(2) of the Multi-State Co-operative Societies Act, 2002 – Role of the Returning Officer in election process and finalization of candidate list. [Para 5-6]

Court's Decision – Recognition of the final list of candidates published by the Returning Officer – Direction for elections to be conducted as per the final list, including the Petitioners – Reservation of rights for Petitioners and Respondents to pursue statutory remedies against the impugned order. [Para 7-9]

Decision – Petition disposed of with direction to conduct elections as per the final list of candidates published on 11.01.2024 – Petitioners allowed to contest the elections despite disqualification order, with rights reserved to challenge the order. [Para 10]

Service Law - Dismissal from Service – Disproportionality of Punishment – Petitioner challenging orders of Summary Security Force Court (SSFC) and Directorate General BSF – Alleged disproportionate dismissal from service for using threatening and insubordinate language towards superior officer and another constable, and conduct prejudicial to good order and discipline – High Court upholding the dismissal considering the seriousness of the charges. [Para 2-4, 6-8]

Disciplinary Proceedings in Armed Forces – Seriousness of Charges – Petitioner, a constable in BSF, found guilty of using threatening language towards a superior officer, insubordinate language, and conduct detrimental to force discipline – SSFC verdict and respondent’s decision to mitigate imprisonment but retain dismissal upheld by the High Court – Emphasis on maintaining discipline in armed forces. [Para 5-6, 8]

Judicial Review – Scope in Disciplinary Cases – High Court’s limited scope in reviewing disciplinary actions in armed forces – Refusal to interfere with SSFC’s decision and Directorate General’s order in petitioner’s case due to the gravity of the offences and the importance of discipline in armed forces. [Para 7-8]

Decision – High Court dismisses the petition upholding SSFC’s and Directorate General’s orders – Dismissal from service maintained considering the nature of charges and the necessity of discipline in armed forces. [Para 8]

Land Acquisition and Ownership – Government’s acquisition of land in Karkardooma, Delhi – Plaintiffs’ claim for ownership and management rights over land – Trial and First Appellate Courts dismissed claim due to government acquisition and lack of legal standing of plaintiffs [Paras 3, 6, 7, 26-33].

Pairokar (Agent) Relationship – Plaintiff’s failure to establish that defendant No.1 was an agent (Pairokar) of his late mother, Smt. Mohro Devi, for managing the suit land – No documentary evidence provided, reliance on self-testimony insufficient [Paras 13-21].

Estoppel Principle – Application of Section 116 of the Evidence Act, 1872 – Plaintiff’s claim for relief based on alleged landlord-tenant relationship with defendants not substantiated [Paras 31-32].

Trespass and Encroachment – Clarification that defendant No.1, despite occupying the suit land, does not gain legal rights over it through this judgment – Municipal Corporation of Delhi authorized to act against encroachment [Paras 35-36].

Decision: Appeal dismissed – Plaintiff Shiv Prakash’s claim over the suit land rejected due to lack of title and standing after government acquisition. Defendant Mool Chand also recognized as a trespasser with no legal rights to the land.

Criminal Appeal – Conviction for Offense under Section 304A IPC – Challenge against Conviction and Sentence – Appellant convicted under Section 304A IPC for rash and negligent driving causing death, challenges conviction and sentence after trial for offense under Section 304 IPC – Appeal heard by Kerala High Court. [Para 1]

Negligent Conduct – Rash and Negligent Driving Resulting in Death – Allegation that appellant drove bus rashly and negligently on Ernakulam Paramara Road, causing death of pedestrian – Convicted under Section 304A IPC by I Additional Sessions Judge, Ernakulam. [Para 2-3]

Evidence and Witness Testimonies – Analysis of Eyewitness Accounts – Examination of witnesses (PW1-PW16) and evidence (Exts.P1-P36) – Witnesses confirm appellant's rash driving and presence at accident scene – Testimonies and physical evidence establish occurrence of incident as charged. [Para 6-14]

Identity of Driver and Mechanical Defect Argument – Prosecution proves beyond doubt appellant was bus driver at incident time – Dismissal of contention that mechanical defect caused incident, based on witness testimonies and inspection report of bus. [Para 15-17, 14]

Legal Interpretation – Conviction under Section 304A IPC Post Trial under Section 304 IPC – Discussion on legal permissibility of convicting for offense under Section 304A IPC when tried for offense under Section 304 IPC – Referencing relevant case laws and Section 221 of Code of Criminal Procedure. [Para 19-29]

Decision – Upholding Conviction and Sentence – High Court finds no reason to interfere with conviction or sentence considering the gravity of offense – Appeal dismissed, affirming trial court's decision. [Para 30]

Bail - Onerous Bail Conditions – Petitioner accused in 1726 crimes – Difficulty in producing separate sureties for each case – Court’s view on impracticality of such conditions – Same surety can be accepted in different cases – Value of bond not necessarily commensurate with quantum involved in crime [Paras 2, 7-9, 11]

Legal Framework of Bail Bonds – Sections 440, 441, and 443 Cr.P.C. – Role of sureties in ensuring accused's presence at trial – No requirement for sureties to guarantee crime's monetary value – Respectability of surety sometimes more significant than property ownership [Paras 6, 7]

Court Fees for Prisoners’ Petitions – Section 72(xiii) of the Kerala Court Fees and Suits Valuation Act, 1958 exempts prisoners’ petitions from court fees – Court fees should not be demanded for petitions filed by accused in custody [Para 10]

Decision: Directed courts dealing with the petitioner's bail applications in 1726 crimes not to insist on separate sureties for each case – Accepted solvency and reliability of surety as sufficient – Petitions by prisoners exempted from court fees.

Regular Bail – NDPS Act – Denial of regular bail in case involving the recovery of ganja – Petitioner involved in illegal sale of ganja, caught in the act of filling pouches with ganja – Recovery of 30 Kg ganja and 1384 empty pouches from the petitioner – Bail denied due to the gravity of the offence and petitioner's criminal history in NDPS-related cases. [Para 1, 2.1, 2.2, 12, 15]

NDPS Act Compliance – Contention of non-compliance of Section 42 of the NDPS Act by the petitioner – Petitioner's argument of the recovered material not falling within the definition of 'ganja' under the NDPS Act – Court's interpretation that seeds accompanied by flowering tops fall within the definition of ‘ganja’ – FSL report indicating the presence of Tetrahydrocannabinol in the recovered material – Petitioner's contention found without merit. [Para 3.1, 6, 7, 9, 11]

Case Law References – Reliance on various judgments by both parties – Discussion of cases relevant to the definition and recovery quantity of ganja under the NDPS Act – Court distinguishes the present case based on the nature of recovered material and precedents. [Para 3.2, 10, 12, 13, 14]

Decision – Considering the petitioner's involvement in multiple NDPS cases and previous convictions – Court finds the petitioner to be a habitual offender in drug trafficking – Bail petition dismissed based on the seriousness of the offence and the petitioner's criminal history. [Para 15, 16]

Cheque Dishonour - Inquiry Prior to Issuance of Process – Discrepancy in judicial opinions regarding whether the amendment in Section 202, sub clause (1) of the Code of Criminal Procedure is mandatory or directory – Larger Bench constituted for resolution – Reference to earlier divergent views of Justices V.M. Kanade and S.C. Dharmadhikari – The amendment concerns inquiry before issuance of process by the Magistrate when the accused resides outside the court’s jurisdiction. [Para 1]

Deferment of Reference and Evolution of Law – Reference to the larger Bench deferred due to pending appeal in Apex Court – The evolution of law and relevant Apex Court judgments, particularly focusing on Section 138 of the Negotiable Instruments Act, 1881, and its intersection with Section 202 of the Code of Criminal Procedure – Apex Court’s Constitution Bench decision in suo motu Writ Petition (CRL) No.2 of 2020 provided clarity. [Paras 2-3]

Constitution Bench Clarification – The Constitution Bench of the Apex Court in suo motu Writ Petition (CRL) No.2 of 2020 clarified the mandatory nature of inquiry under Section 202 for complaints under Section 138 of the Negotiable Instruments Act, 1881 – Emphasized the need for the Magistrate to conduct an inquiry and establish sufficient grounds before issuing summons to the accused residing outside jurisdiction. [Para 4]

Evidence on Affidavit Permissible – Section 202(2) of the Code of Criminal Procedure interpretation by Apex Court – In cases under Section 138 of the Negotiable Instruments Act, 1881, evidence of witnesses for the complainant can be on affidavit, without insistence on evidence on oath – Magistrate may examine documents to decide sufficiency of grounds for proceeding. [Para 4]

Application in Present Case – The issue in the present case, relating to whether an inquiry under Section 202 of the Cr.P.C is mandatory or directory, was settled by the Apex Court – Magistrates given discretion in pending complaints where accused reside outside their territorial jurisdiction – Reference to the implementation of the Constitution Bench’s orders by the Bombay High Court. [Paras 5-6]

Principles for Magistrate’s Inquiry – Magistrate’s duty to scrutinize allegations and separate unfounded claims before issuing process, especially when the accused is outside jurisdiction – The inquiry should aim at ascertaining the truth of allegations based on the material presented by the complainant. [Para 7]

Avoidance of Frivolous Claims and Vindication of Justice – Summoning of an accused is a serious matter requiring careful examination of allegations and evidence – The Magistrate must ensure the complaint establishes the charge before issuing process, to avoid harassment and uphold justice. [Para 8]

Pensionary Benefits – Counting of Seasonal/Contract Service for Pension – Petitioners seeking inclusion of seasonal/contract service period for qualifying service for pension under Articles 226/227 of the Constitution of India – Service rendered on an ad-hoc basis by petitioners before their regularization in 2004 not sufficient for pensionary benefits under old pension scheme – Regular appointments post-2004 fall under new pension scheme as per BBMB Regulations and Punjab CSR. [Para 1, 8]

Employment Regularization and Pension Scheme Applicability – Regularization of service and its impact on pension scheme entitlement – Employees regularized after 01.01.2004 not eligible for old pension scheme – Court upholds that sporadic and brief contractual service prior to 2004 does not qualify for old pension scheme benefits. [Para 7, 8]

Judicial Precedents on Pensionary Benefits – Reliance on previous judgments for pension entitlement of contractual employees – Division Bench judgments (Harbans Lal, Karan Singh, and Hari Chand cases) distinguished due to non-continuous service of petitioners before regularization – Regularization post-2004 places petitioners under new pension scheme. [Para 3, 7]

Final Decision – Dismissal of Petition – Petition dismissed for lack of merit – Court holds that petitioners’ service prior to regularization does not count for pensionary benefits under old scheme – Petitioners’ liberty to raise individual regularization cases to the respondent-Board for consideration. [Para 9, 10]

Criminal Appeal – Acquittal in Abetment to Suicide and Cruelty Case – Appeal against conviction for offenses under Sections 306/34 and 498A IPC – Appellant acquitted due to lack of direct evidence and failure to prove cruelty as defined in Section 498A IPC. Inconsistencies in prosecution witnesses and evidence led to reasonable doubt. [Para 1-12, 14-15, 17-20, 22-24, 26-30]

Marriage and Cruelty – Unusual circumstances surrounding marriage – Victim's pregnancy leading to marriage with appellant – Subsequent loss of child and impact on victim’s mental state considered. Absence of direct evidence of physical or mental torture by appellant. [Para 17, 22]

Evidence and Presumption – Section 113A of the Indian Evidence Act – Application of presumption in case of suicide by married woman within 7 years of marriage – Requirement of establishing cruelty as per Section 498A IPC – Presumption is rebuttable and dependent on the circumstances of each case. In this case, lack of direct evidence of cruelty led to acquittal. [Para 23-24, 26]

Investigation and Prosecution – Question over authenticity of initial complaint – Potential for concoction in FIR – Non-production of first information received by police raises doubt about prosecution's case. [Para 29]

Decision – Judgment of Learned Sessions Judge set aside due to reasonable doubt and lack of evidence – Appellant acquitted and released from charges under Sections 306/34 and 498A IPC. [Para 30-31]