Disciplinary Proceedings – Non-Issuance of First Show-Cause Notice – Deceased employee dismissed from service after prolonged unauthorized absence – Disciplinary authority failed to issue the first show-cause notice along with the enquiry report as mandated by Rule 15(10) of the OCS (CCA) Rules, 1962 – High Court quashed the dismissal order due to procedural lapses and violation of principles of natural justice – Petitioner held entitled to notional service benefits and family pension [Paras 4-7].

Judicial Review – Scope and Interference – Court emphasized that judicial review is concerned with the decision-making process and not the merits of the decision – Interference justified where procedural rules and natural justice principles are violated – High Court directed the release of pensionary benefits within three months [Paras 4.9-4.17].

Decision – Writ Petition Allowed – Held – Orders of dismissal and subsequent appellate confirmation quashed – Deceased employee deemed to have continued in service notionally till superannuation – Petitioner entitled to pension and pensionary benefits [Para 8].

Interim Maintenance – Property Ownership Not Determinative – Petitioner, despite owning a gifted two-storied building, lacks independent income – Magistrate erroneously concluded property alone suffices for maintenance – Gifted property does not negate husband’s statutory obligation to provide maintenance if wife lacks her own income – Claim for interim maintenance justified and allowed [Paras 1-6].

Husband’s Income – Liability to Maintain – Opposite party no. 1’s take-home salary considered – Even with existing liabilities, sufficient income demonstrated to grant interim maintenance – Opposite party no. 1 directed to pay Rs. 5,000/- per month to petitioner from the date of application under Section 23(1) – Arrears to be cleared in 40 equal installments [Paras 5-8].

Ex Parte Decision – Opposite party no. 1 failed to appear despite proper service – Case heard and decided ex parte – Petitioner’s entitlement to interim maintenance affirmed [Paras 3, 7].

Decision: Criminal Revisional Application allowed – Interim maintenance of Rs. 5,000/- per month awarded – Opposite party no. 1 to pay arrears in 40 equal installments – Order by Magistrate set aside, interim order vacated [Paras 6-12].
 

Criminal Law – Bail – Dowry Death – Petitioner sought bail in case registered for dowry harassment and death – FIR based on statements from deceased’s family alleging dowry demands and harassment – Charge-sheet filed, petitioner in custody for over a year – No evidence of petitioner’s ability to tamper with evidence or threaten witnesses – Bail granted with conditions to ensure petitioner’s availability for trial and prevent tampering with evidence [Paras 1-16].

Bail Conditions – Bail granted subject to furnishing security, attendance at police station, and non-interference with witnesses – Conditions imposed to mitigate risk of absconding and ensure trial proceedings are not hindered [Paras 14-16].

Decision: Bail granted – Petitioner to furnish security of ₹50,000 with two sureties – Petitioner not to leave NCT of Delhi without court permission – Regular attendance at police station mandated – Non-interference with witnesses and trial proceedings ensured through stringent conditions [Paras 14-16].

Criminal Law – Negligent Driving – Petitioner convicted under Section 304-A IPC and relevant sections of the Motor Vehicles Act for causing death by negligent driving – Trial court and appellate court affirmed conviction – Revision court considered the petitioner's age, lack of mens rea, and absence of antecedents – Highlighted the potential of the petitioner’s future being ruined by the conviction stigma – Applied the doctrine of res ipsa loquitur, supporting the prosecution [Paras 1-17].

Probation of Offenders Act – Applicability – Court analyzed the application of Section 4 of the Probation of Offenders Act – Emphasized the discretion of courts to apply probation in cases involving young, first-time offenders with bright futures – Cited relevant precedents where probation was granted in similar circumstances [Paras 12-17].

Res ipsa loquitur – Doctrine Application – Prosecution's case supported by the doctrine, indicating the accident speaks for itself regarding the petitioner’s negligence – Both courts established petitioner’s negligent driving was the cause of death [Paras 10-11].

Decision: Criminal revision application partly allowed – Conviction maintained, but sentence suspended with the petitioner released on probation for one year – Petitioner to enter into a bond for maintaining peace and good behavior – Fine paid under Motor Vehicles Act forfeited to the government; fine under Section 304-A IPC to be paid to the legal heirs of the deceased [Para 17].

Defamation – Social Media Posts – Plaintiff, a renowned journalist, alleged Defamation by Defendants via social media – Plaintiff sought injunction for removal of defamatory posts – Court directed Defendants to remove posts and make videos private within seven days [Paras 50-51].

Right to Reputation vs. Free Speech – Court acknowledged higher threshold for public figures but stressed individual dignity – Distinguished between permissible public criticism and defamation [Paras 40-41].

Ex Parte Injunction – Granted under exceptional circumstances – Court emphasized factors for consideration, including irreparable harm and balance of convenience – Noted prima facie case of defamation [Paras 36-49].

Decision – Application for interim injunction allowed – Defendants directed to remove defamatory content and make videos private pending final decision in the suit [Paras 50-51].

Employment Law – Termination due to Concealment of Criminal Case – Appellant challenged the termination of his services by the District Judge, Etah, following police verification revealing a pending criminal case – High Court emphasized the necessity for candidates to disclose pending criminal proceedings honestly – Held that concealment of material facts in an affidavit at the time of employment justified termination – Appeal dismissed [Paras 1-27].
Criminal Law – Affidavit of No Criminal Proceedings – Requirement under recruitment rules for a candidate to furnish an affidavit stating no pending criminal proceedings – Appellant failed to disclose Case Crime No. 392/2022 under Sections 323, 452, 504, 506 IPC during document verification – Court found appellant's non-disclosure deliberate, constituting valid ground for termination [Paras 4-15].
Judicial Integrity – Requirement for High Moral Character – Court reiterated the necessity for judicial employees to have impeccable integrity and clean antecedents – Emphasized that any concealment of criminal cases undermines trust in the judiciary [Paras 16-18].
Decision: Appeal dismissed – The termination order by the District Judge, Etah, was upheld as just and proper – High Court highlighted the critical importance of transparency and honesty in affidavits related to criminal antecedents for judicial appointments.
 

Medical Termination of Pregnancy – Petition for Termination Beyond 24 Weeks – Petitioner, a rape survivor, seeks termination of 25+ weeks pregnancy – Medical Board denied termination citing risks and possibility of live birth – Court considers autonomy, health risks, and viability of the fetus – Directions for re-examination by PGIMER – Conditions imposed if termination not carried out [Paras 1-26].

Reproductive Rights – Autonomy and Mental Health – Petitioner’s autonomy over body and mental trauma of carrying pregnancy from rape considered – Court balances medical risks and ethical considerations – Directions ensure petitioner’s health and child’s welfare post-birth [Paras 13-24].

Decision: Writ petition disposed of with directions for re-examination by the Medical Board of PGIMER, Chandigarh. If risks and complications affirm live delivery or require feticide, termination not to be undertaken. If favorable, procedure to be carried out per law. Further directions ensure medical facilities, privacy, and child’s welfare, including potential adoption by Child Welfare Committee, Hisar [Para 26].

Bail – NDPS and UAPA – Long Incarceration and Delayed Trial – Appellants in custody for nearly four years without conclusion of trial – Allegations of drug smuggling and funding terrorist activities – Stringent bail conditions under NDPS Act and UAPA – Supreme Court precedents emphasizing the need for speedy trial and protection of personal liberty – Bail granted with conditions [Paras 1-27].

Regular Bail – Conditions Imposed – Bail granted subject to furnishing bond and sureties – Surrender of passports – Mandatory court appearances – No inducement or threats to witnesses – Non-involvement in criminal activities – Prohibition on sale or transfer of property – Undertaking regarding trial attendance [Para 27].

Decision:

Bail granted to appellants Gursant Singh (A-9), Manpreet Singh @ Mann (A-14), Hilal Ahmed Shergoji @ Hilal Ahmed Wagay @ Hilal Ahmad (A-1), and Bikram Singh @ Bikramjit Singh @ Vicky (A-2) subject to conditions including furnishing of bail bonds, non-inducement of witnesses, mandatory court appearances, and prohibition on sale or transfer of property. Hilal Ahmed to be subject to additional conditions by the trial court [Paras 27-28].

Application for Exemption – CPC Section 151 – Applications for various procedural exemptions including filing clearer copies, original documents, and pre-litigation mediation – Exemptions granted with stipulations for filing within specified time frames [Paras 1-10].

Pleadings – Filing Requirements – Directions for filing written statements, affidavits, and replications within prescribed periods – Emphasis on adherence to procedures to avoid rejection [Paras 11-15].

Interim Injunction – Copyright Infringement – Plaintiff seeks interim relief to prevent defendant from using copyrighted sound recordings – Plaintiff owns rights through assignments under Section 18 of the Copyright Act – Court finds prima facie case for interim injunction, emphasizing the need to protect copyright and prevent irreparable damage to plaintiff [Paras 16-37].

License Fee Dispute – Section 31 of Copyright Act – Plaintiff alleges defendant’s unwillingness to pay standard license fee – Defendant claims unreasonableness of fees – Court directs that the defendant may negotiate with plaintiff but must adhere to demanded fees for license issuance [Paras 38-41].

Decision: Applications for various exemptions and interim relief granted – Directions issued for compliance with procedural requirements – Interim injunction imposed to prevent copyright infringement pending final resolution – Case listed for further proceedings.