Criminal Law – Acquittal in Rape Case – Contradictions in Prosecution's Case – Appeal against Acquittal under Sections 376, 506 IPC and Sections 4, 12 of POCSO Act dismissed by the High Court – The appellant, a minor victim, and her father challenged the acquittal of the accused (respondent no. 2) by the Trial Court in a case alleging rape and criminal intimidation – The Trial Court had acquitted the accused, citing lack of corroborative medical evidence, contradictions in witness statements, and procedural lapses in the investigation – The High Court upheld the acquittal, emphasizing that in appeals against acquittal, the presumption of innocence is strengthened, and interference is warranted only when the Trial Court’s findings are patently unreasonable or based on misapprehension of evidence – The High Court agreed with the Trial Court’s assessment that the prosecution failed to prove the case beyond reasonable doubt, leading to the dismissal of the appeal [Paras 1-42].

Evidence Evaluation – The prosecution's case was primarily based on the testimonies of the victim and her parents – The High Court noted significant inconsistencies in their accounts, particularly regarding the circumstances of the alleged crime and the apprehension of the accused – The victim’s father claimed to have forcibly entered the room by breaking open the door, whereas the victim testified that her father entered silently – The Investigating Officer’s (I.O.) testimony contradicted the victim’s account of the presence of a door at the crime scene – The medical examination revealed no injuries consistent with the victim’s allegations, nor was there any forensic evidence, such as spermatozoa, to support the rape claim – The defence argued that the case was a counterblast to another criminal case filed by the accused against the victim’s parents – Defence witnesses testified that the incident stemmed from a property dispute rather than a sexual assault, further casting doubt on the prosecution's case – The High Court held that these contradictions and the absence of corroborative evidence justified the Trial Court’s decision to acquit [Paras 23-40].

Legal Principles – The High Court extensively discussed the principles governing appellate interference in cases of acquittal – Citing precedents, the Court reiterated that in an appeal against acquittal, the appellate court must give due weight to the Trial Court’s findings, particularly when two views are possible based on the evidence – Unless the view taken by the Trial Court is found to be completely untenable or perverse, the appellate court should refrain from substituting its own opinion – The presumption of innocence, already reinforced by the acquittal, could not be overturned in this case, as the prosecution's evidence did not incontrovertibly establish the accused’s guilt beyond reasonable doubt [Paras 16-22].

Decision – Dismissal of Appeal – Held – The High Court dismissed the appeal, upholding the Trial Court’s judgment of acquittal – The judgment emphasized the necessity for clear, consistent, and corroborative evidence in criminal cases, especially when overturning an acquittal – The appeal failed to demonstrate that the Trial Court’s decision was unreasonable or based on a misreading of the evidence, thus the acquittal stood affirmed [Para 42].

Employment Law – Appointment and Termination of College Lecturer – Termination Quashed – Appeal allowed - Post of College Lecturer (Philosophy) – The petitioner, Gauri Shankar Jinger, applied for the post in response to an advertisement issued on 12.01.2015 but was initially not selected due to not meeting the ‘good academic record’ criteria – Later, a notification dated 13.07.2021 changed the criteria, offering relaxation for SC/ST and PH candidates, leading to Gauri Shankar’s recommendation for appointment – The petitioner Jhanwar Ram, who was already appointed as the last candidate on the merit list, received a Show Cause Notice for termination, leading him to file a writ petition to continue his employment – The Court considered the availability of vacant posts and the absence of any misrepresentation or misconduct by Jhanwar Ram【Paras 1-6】.

Application of Relaxation Criteria – Notification Impact – The State Government's notification dated 13.07.2021 relaxed the criteria for ‘good academic record’ in line with UGC Regulation 2010, allowing for a 5% relaxation for SC/ST and PH category candidates – This adjustment led to the reconsideration of Gauri Shankar Jinger's candidature, placing him in the merit list and entitling him to the appointment【Para 4】.

Equitable Relief – Balancing Interests – The Court noted the need to balance equities, emphasizing the importance of granting relief in line with justice, equity, and good conscience – Considering the availability of vacant posts and the absence of any misconduct by Jhanwar Ram, the Court allowed him to continue in his post – The Court also directed the respondents to appoint Gauri Shankar Jinger to the post within four weeks, granting him notional benefits from the date Jhanwar Ram was appointed【Paras 16-17】.

Decision – Appointment and Continuation of Service – The Court quashed the Show Cause Notice issued to Jhanwar Ram and allowed him to continue as College Lecturer – Directed the appointment of Gauri Shankar Jinger to the same post, providing him with notional benefits from the date of Jhanwar Ram's appointment – Both writ petitions were allowed【Paras 18-20】.

Trademark Law - Infringement vs. Passing Off - Distinctiveness of Packaging - The court dealt with a case where the plaintiff alleged trademark infringement by the defendant, who was using similar packaging for a product ("Shev Chiwda"). The court observed that the plaintiff was not using the registered device mark on his product packaging. The defendant’s packaging, which used different fonts, colors, and slogans, was held to be distinct from the plaintiff’s registered trademark. The court found that the trial court had erroneously granted an injunction that was not sought in the plaint. [Paras 16-24].

Judicial Discretion - Interim Injunctions - Requirements for Relief - The court criticized the trial court for granting relief beyond what was sought by the plaintiff, noting that the interim injunction was based on a misapplication of the facts and legal principles. The court emphasized that injunctions should be granted only when a clear case is made out, particularly in commercial disputes where the parties' rights are at stake. [Paras 23-25].

Decision: The appeal was allowed, and the trial court's order granting the interim injunction was set aside. The court directed the defendant to change the background color of his product packaging from red to blue, without prejudice to the rights of the parties. The matter was expedited for final hearing. [Para 33].

Criminal Law – Quashing – False Promise of Marriage and Consent under IPC – Case involving allegations against the accused of sexual intercourse based on false promise of marriage, leading to charges under sections 417, 376, and 313 of the IPC – Petitioner's argument for quashing the proceedings on the basis of the voluntary nature of the cohabitation and the absence of deceit at the inception of the relationship was dismissed – High Court held that the question of whether the consent was under a misconception of fact necessitates a full trial to ascertain the intentions of the accused at the time of promise [Paras 1-14].

Evidence and Intent to Deceive – Discussion on legal standards for establishing 'consent under misconception of fact' as per section 90 IPC – Reference to multiple Supreme Court judgments elucidating that consent acquired through a false promise of marriage does not constitute free consent under the penal codes – Emphasis on the need for a trial to examine the evidence and circumstances surrounding the promise and the subsequent consent [Paras 8-12].

Decision – Dismissal of Quashing Petition – The court dismissed the petition for quashing the criminal proceedings, determining that the allegations, supported by statements made to the police and the judicial magistrate, necessitate a thorough examination at trial to assess the veracity and implications of the consent given under the alleged false promise – The application for quashing the proceedings was therefore dismissed, with the case set to proceed to trial [Paras 13-14].

Taxation Law – Central Sales Tax Act, 1956 – Dispute over classification of transactions as Inter-State Sales or Stock Transfers – Challenge to assessment by State of Haryana imposing tax on transactions treated as inter-State sales – High Court examines whether movement of goods from Haryana to Bihar under an agreement constituted a sale or stock transfer – Held: Supply of goods pursuant to a prior contract with the Government of Bihar constituted an inter-State sale under the CST Act – Petitioners already assessed for local sales tax in Bihar cannot claim exemption from inter-State tax in Haryana – Dismissal of writ petitions, affirming the validity of Haryana’s tax demand. [Paras 1-16]

Inter-State Sales vs. Stock Transfer – High Court relies on precedents to determine that movement of goods occasioned by a contract of sale constitutes an inter-State sale – Reliance on Supreme Court’s ruling in Sahney Steel and Press Works Ltd. vs. Commercial Tax Officer, and Bharat Electric Ltd. vs. Union of India – The issuance of Form F by Bihar for stock transfer did not absolve the petitioner from the obligation to pay inter-State sales tax in Haryana – Tax Tribunal’s findings upheld – Claims of double taxation refuted. [Paras 8-14]

Decision – Dismissal of Writ Petitions – Held: Petitioner’s arguments regarding double taxation and erroneous classification as inter-State sales rejected – Haryana entitled to impose Central Sales Tax on transactions – Refund claims to be pursued per Tata Motors Ltd. vs. CST Appellate Authority ruling – Interim orders vacated – Final judgment dismisses all petitions and pending applications. [Paras 15-19]

Criminal Law – Quashing of FIR under Sections 498A, 406, 420, 506(2), 114 IPC and Sections 3, 7 of the Dowry Prohibition Act – High Court quashed the FIR and all consequential proceedings against the accused (father-in-law and mother-in-law) under Section 482 CrPC – The complainant filed a case alleging harassment after marriage, but the Court found the allegations to be general and unsubstantiated – The Court held that the complainants had falsely implicated the applicants in order to pressure the family into a settlement – Court observed the applicants, aged 90 and 80, had no involvement in the alleged offences [Paras 1-7, 17].

Abuse of Process – Court found that the FIR was an abuse of the legal process, aimed at harassment rather than the pursuit of justice – Referring to multiple precedents, including Preeti Gupta v. State of Jharkhand and Geeta Mehrotra v. State of Uttar Pradesh, the Court emphasized caution in matrimonial disputes, especially when extended family members are implicated without specific evidence – It was noted that the marriage had dissolved via divorce, and there was no substantial proof of harassment against the in-laws [Paras 6-7, 13].

Decision – FIR Quashed – Held – The application under Section 482 CrPC was allowed – The Court quashed the FIR and all subsequent proceedings against the petitioners, ruling that their implication in the case was motivated by personal grievances rather than actual evidence of wrongdoing [Paras 15-17].

Income Tax Law – Reopening of Assessment – Sections 147 and 148 of the Income Tax Act, 1961 – Whether reopening based on "change of opinion" without new tangible material is valid – Held, reopening was invalid due to lack of new material. The Court referred to CIT v. Kelvinator of India Ltd., noting that mere change of opinion cannot justify reopening an assessment under Section 147 without tangible material – [Paras 29-31]​.

Reassessment and Change of Opinion – Difference Between Short-Term Capital Gain and Adventure in the Nature of Trade – The Assessing Officer initially treated the income as short-term capital gain, but later classified it as "adventure in the nature of trade" without any fresh notice or valid reasoning – The Court found this change arbitrary and unsustainable as there was no new material to substantiate the reassessment – [Paras 35-40]​.

Constitutional Law – Article 226 – The Court exercised its discretion to entertain the writ petition under Article 226 despite the existence of an alternative remedy, as the reassessment proceedings were arbitrary and without jurisdictional basis. The alternative remedy rule does not apply when reassessment is based on procedural irregularity or arbitrary exercise of power – [Paras 14-16]​.

Decision: Writ petition allowed – Reassessment proceedings quashed – All orders dated 29.09.2021, including the demand notice, were set aside – [Paras 41-42]​.

Service Law – Pay Scale Parity – Appellants challenged the Single Judge’s order granting higher pay scales and benefits to the respondents, similar to those awarded to another set of petitioners in a prior case – Appellants argued the respondents were “fence sitters” and their claims were time-barred due to delay, waiver, and acquiescence – High Court set aside the impugned order, holding that the respondents failed to approach the court in a timely manner and were not entitled to claim benefits granted in previous proceedings involving different parties – Appeal allowed, writ petition dismissed [Paras 1-27].

Delay and Laches – Applicability of Arvind Kumar Srivastava Principle – Court held that although similarly situated employees should normally be treated alike, the respondents’ significant delay in approaching the court disqualified them from claiming benefits granted to others in earlier judgments – Cited Tarsem Singh and T.T. Murali Babu to emphasize the importance of promptness in seeking legal redress [Paras 20-27].

Decision: Appeal allowed – Impugned judgment and order set aside – Writ petition dismissed – No costs awarded [Paras 27-28].

Criminal Law – Petition under Section 482 Cr.P.C. for quashing of defamation charges – Accusations against the petitioners (including the Chief Minister of Delhi) for imputing that BJP had orchestrated deletion of voter names from specific communities – The High Court examined the validity of summoning orders issued by the Magistrate and upheld by the Sessions Court – Court found that the statements made by the petitioners were prima facie defamatory, targeting a determinable and identifiable group (BJP and its Delhi Pradesh unit) – Court emphasized that political parties are identifiable entities under law, capable of being defamed – Held that the allegations against BJP were made without factual basis, potentially swaying public opinion, and harming BJP's reputation – The petition under Section 482 Cr.P.C. was dismissed. [Paras 14-33].

Defamation Law – Evaluation of Evidence for Defamation – The Court held that even though the initial evidence was derived from newspaper reports and video clippings (generally considered hearsay), it was supported by certificates under Section 65B of the Indian Evidence Act, making it admissible – Summoning orders were based on sufficient prima facie evidence, and the absence of witness testimony at the pre-summoning stage did not invalidate the summoning order – The scope of inquiry under Sections 202 and 204 Cr.P.C. was limited to determining if there was sufficient ground to proceed, not to ascertain the truth of the allegations conclusively – Reliance was placed on precedents that allowed the continuation of defamation proceedings even when initial evidence was not fully established at the pre-summoning stage – Petition dismissed. [Paras 23-26].

Decision – Dismissal of Petition – Held – The High Court dismissed the petition, confirming the maintainability of defamation charges against the petitioners – The Court found that the tweets and public statements made by the petitioners were defamatory, particularly as they accused BJP of engaging in unethical practices without factual support – The petitioners' defense that their statements were made in good faith and for public good was reserved for trial – The Court emphasized that reputation, particularly of political entities, is protected under law, and defamatory imputations without factual basis cannot be shielded under the guise of free speech – The Court directed the continuation of proceedings before the Trial Court. [Paras 32-42].