Service Law - Ad-hoc Appointment and Age Limit – Mithlesh Tyagi appointed as Hindi Pradhyapak on ad-hoc basis in 1983, beyond the age limit under Recruitment Rules – Regular recruitment had to be done through Staff Selection Commission (SSC) [Paras 1-3].

Tribunal’s Order and Respondent’s Career – Tribunal ordered to treat respondent’s service from 1983 to 2008 as qualifying for pension – Despite respondent’s service, Tribunal noted she was over-aged at initial appointment and thus ineligible for regularisation [Paras 4-8].

Legal Arguments and Tribunal’s Decision – Petitioner argued against regularisation and pensionary benefits due to ad-hoc, non-regular appointment – Tribunal’s decision was to grant pension for service between 1983 and 2008 [Paras 9-14].

Legal Analysis and Court’s Decision – Court found Tribunal’s decision unjustified as respondent’s service was not regular – Relied on Supreme Court judgment in Director General, Doordarshan Prasar Bharti Corp. of India & Anr. V. Smt. Magi H Desai, Civil Appeal No. 1787/2023 [Paras 15-20].

Judgment – High Court set aside Tribunal’s order – Ad-hoc service not qualifying for pension benefits [Para 20].

Judicial Power and Authority – Judicial power to cancel a registered instrument, specifically a sale deed, rests with the civil courts, not the Registrar – The impugned circular by the State Government of Jharkhand, vesting the power of cancellation on the Registrar, is legally unsustainable and is set aside – Registration of an instrument entails legal consequences affecting legal rights, and such power cannot be conferred by an executive order. [Paras 25, 35, 36]

Fraudulent Registrations – The challenge in dealing with the rise in fraudulent registrations – Importance of legal mechanisms to address fraudulent registrations while respecting judicial authority and statutory provisions – The circular's intention to curb fraudulent registrations, although well-intentioned, oversteps legal boundaries and infringes upon the rights conferred by the Registration Act, 1908. [Paras 23, 24]

Executive Power and Statutory Limitations – Executive power under Article 162 of the Constitution of India does not permit the State to issue executive orders in contravention of statutory provisions – The impugned circular, which attempts to confer judicial powers to the Registrar, contradicts the Registration Act, 1908. [Para 36]

Cancellation of Registered Deeds – Cancellation of registered deeds is a substantive legal action that requires adjudication by a competent civil court – Registrar's authority is limited to pre-registration scrutiny and does not extend to post-registration cancellation of deeds. [Paras 25, 27, 35]

Multiplicity of Proceedings – The impugned circular, if implemented, could lead to multiple proceedings (civil, criminal, and administrative) based on the same set of facts, leading to judicial inefficiency and conflicting judgments – Emphasizes the need to avoid such multiplicity and uphold the principle of finality in litigation. [Paras 30, 31]

Remedy for Void Transactions – In cases of void transactions, where a person without title transfers property, the remedy lies in civil law through a declaration that the deed is invalid, not through cancellation by the Registrar – Such issues of title and ownership are to be adjudicated by civil courts. [Paras 33, 34]

Decision – The High Court of Jharkhand sets aside the impugned circular issued by the State Government, along with all cases, notices, orders passed under it, and consequent orders for institution of FIRs. Affirms that cancellation of registered deeds, particularly in cases of fraud or lack of title, must be decided by civil courts.

Partition Suit Involving Property Misrepresentation – Trial court's decree of partition based on alleged misrepresentation in executing Ext.A2 Release Deed overturned – High Court found no evidence of misrepresentation – Ext.A2, A4, and A5 deeds were not nullified, leading to dismissal of the suit for partition. [Paras 11-12, 18-19]

Execution of Release Deed – Ext.A2 Release Deed, executed by Ammu, could not be unilaterally cancelled – High Court emphasized the legal requirement to set aside a deed through court if it is allegedly vitiated. [Para 11]

Limitation and Prior Litigation – Dismissal of Ammu's earlier suit (OS 1097/1993) against Ext.A2 deemed to bar the current plaintiffs from challenging Ext.A2 – Suit found to be barred by limitation and principles of res judicata. [Paras 13-14]

Challenge Against Ext.A4 and Ext.A5 – High Court found no standing for current plaintiffs to challenge these deeds related to the legal heirs of Kalyani – Plaintiffs' rights limited to Ammu's share, not Kalyani's. [Paras 15-16]

Customary and Oral Agreements – High Court disregarded defendants' claim of customary practice and oral agreements in the community as irrelevant to the case's decision – Focus remained on the validity of the release deed. [Para 17]

Decision: Appeal allowed – Trial court's judgment and decree set aside – Suit dismissed without costs. [Para 20]

Section 273 Cr.P.C Interpretation – Petitioner contends violation of Section 273 Cr.P.C due to examination of PW1 in his absence – Argues that evidence in criminal trials must be recorded in the presence of the accused unless exceptions in Sections 299 and 317 Cr.P.C apply – Relies on Atma Ram v. State of Rajasthan; (2019) 20 SCC 481 and other judgments.

Court's Analysis and Decision – High Court finds no illegality in the Special Court's procedure – Concludes that Section 273 Cr.P.C allows evidence recording in the presence of the accused's pleader when personal attendance is dispensed with – Rejects the petitioner's narrow interpretation of Section 273 – Cites Supreme Court's interpretation in Atma Ram (supra) – High Court emphasizes that the provision does not strictly limit to Sections 299 and 317 Cr.P.C situations – The petitioner's absence was for a day, and his counsel was present – The High Court dismisses the Criminal Miscellaneous Case No. 9412 of 2023.

Service Law - Promotion and Seniority in Employment – Cochin Port Trust – Contested Promotion of Senior OCIOA: The appeal contests the Single Bench's decision which favoured the respondent’s promotion to Senior OCIOA over the appellant. The bench considered the appellant's unauthorized absence as a break in service, affecting his seniority and eligibility for promotion. [Para 1, 4, 5, 12, 13]

Interpretation of Service Rules – Fundamental Rule 17A and CCS Pension Rule 27: The bench differentiated between unauthorized absence after sanctioned leave (appellant's situation) and standalone absence (FR 17A), impacting promotion and seniority. Rule 27 was interpreted to mean that unauthorized absence following sanctioned leave does not affect pension but impacts promotion and seniority. [Para 7, 12, 13]

Judicial Review – Unchallenged Administrative Order: The court observed that unchallenged administrative orders, like the one penalizing the appellant for unauthorized absence, have a binding effect. This formed the basis for upholding the Single Bench's decision affecting the appellant’s promotion and seniority. [Para 9, 12]

Decision – Dismissal of Appeal: The High Court dismissed the appeal, upholding the Single Bench's decision that set aside the appellant's promotion due to an unauthorized absence treated as a break in service. [Para 13]

Service Law - Promotion Eligibility Dispute – Unauthorized Absence Impact - Appeal against a Single Bench judgment concerning the promotion of an employee in Cochin Port Trust - Issue centered around the interpretation of unauthorized absence and its effect on seniority and promotion eligibility - Appellant argued that a brief unauthorized absence should not affect his promotion prospects - Respondent countered that the unauthorized absence disqualifies the appellant from promotion. [Paras 1-2, 4-13]

Interpretation of Service Rules - The court examined the applicability of Fundamental Rule 17A and Rule 27 of the CCS (Pension) Rules - These rules pertain to the consequences of unauthorized absence on service continuation and promotion eligibility - Fundamental Rule 17A addresses unauthorized absence resulting in an interruption in service, while Rule 27 deals with the forfeiture of past service due to an interruption. [Paras 8, 13]

Decision - The High Court dismissed the appeal, upholding the Single Bench's decision - The court found no illegality or infirmity in the Single Bench’s interpretation of the Fundamental and CCS Pension Rules regarding unauthorized absence and its implications for seniority and promotion. [Para 13]

NDPS – Bail - Conspiracy and Possession of Contraband – Petitioners accused in connection with seizure of 728.42 grams of MDMA from the first accused – Alleged conspiracy among five accused, including financial transactions with an African nation for procuring the contraband. [Paras 2-3]

Arguments by Petitioners’ Counsel – Claim of innocence and false implication – Reliance solely on first accused's confession – Reference to Amal v. State of Kerala [B.A.No.2776/2023] arguing lack of direct link with the first accused – Petitioners ready to comply with any stringent bail conditions. [Para 5]

Opposition by Public Prosecutors – Emphasis on prima-facie evidence against petitioners – Financial transactions and communications linking petitioners with the crime – Mention of criminal antecedents and significant monetary transfers related to contraband – Invocation of Section 37 of the NDPS Act stressing non-grant of bail. [Para 6]

Legal Framework – Section 37 of NDPS Act – Stringent conditions for granting bail in NDPS cases – Requirement of 'reasonable grounds' to believe the accused is not guilty and will not commit an offence while on bail – Supreme Court interpretations in Union of India v. Shiv Shanker Kesari [(2007) 7 SCC 798] and State of Kerala v. Rajesh [(2020) 12 SCC 122]. [Paras 7-10]

Court’s Analysis and Decision – Based on the materials on record and the seriousness of accusations, the court finds no satisfaction in diluting the rigour under Section 37 of the NDPS Act – Petitioners’ bail applications lack merit and are dismissed. [Paras 12-13]

Criminal Law – Statutory Bail – Sections 167(2) CrPC and 36A(4) of the NDPS Act – Whether the accused is entitled to statutory bail under Section 167(2) of the CrPC in light of the failure to complete the investigation within the prescribed time frame – Held, the petitioner is entitled to statutory bail, as the final report has not been filed within 90 days, and the contraband involved was of intermediate quantity, punishable by a maximum of 10 years – [Paras 1-11].

Narcotic Drugs – Methamphetamine Seizure – Section 22(c) of the NDPS Act – The chemical analysis report identified the contraband as methamphetamine instead of MDMA, resulting in the seizure of an intermediate quantity – The petitioner was arrested in possession of 37.080 grams, and the offence is punishable by imprisonment for up to 10 years – [Paras 6-8].

Judicial Precedent – Indefeasible Right to Bail – Sanjay Dutt v. State (1994) 5 SCC 410 – The court reiterated the principle that the right to statutory bail accrues if the final report is not filed within the statutory time limit – This right becomes indefeasible once the investigation exceeds 90 days – [Paras 9-10].

Decision: Bail Granted – The court directed that the petitioner be released on statutory bail, subject to conditions, including providing a bond of ₹1,00,000 with two solvent sureties – The petitioner must appear before the Investigating Officer as required until the filing of the final report – [Para 11].

Appeal against judgment and decree involving partition and interpretation of a Will concerning property at C-316, Defence Colony, New Delhi. The dispute focuses on the barsati room and terrace atop the first floor of the property.