Service Law - Termination of Service - Constitution of India - Article 311 - Fraud in securing employment - Respondent appointed as Bandi Rakshak in 1992 under Scheduled Tribe category - Physical verification in 2007 revealed the caste certificate was forged and never issued by the competent authority - Show cause notice issued but respondent failed to participate in proceedings despite multiple opportunities including newspaper publication - Appellant dismissed respondent from service - Single Judge quashed dismissal holding that long delay of 15 years barred action and full disciplinary proceedings were necessary as misconduct pertained to pre employment stage - Single Judge also held Lodh and Lodhi castes as synonyms entitling ST benefits - Division Bench reversed finding noting that fraud vitiates all solemn acts and renders appointment void ab initio - When appointment itself is illegal and non est due to forged certificate no regular departmental disciplinary proceedings are required - Delay in verification cannot validate fraud or estop the State - Single Judge exceeded jurisdiction in determining caste classification in service matters - Held - Appointment obtained by fraud is non est and termination without detailed enquiry is valid - Appeal allowed - [Paras 3-27].

Service Law - Disciplinary Proceedings - Constitution of India - Article 311 - Protection against dismissal - A person who secures appointment in reserved category by playing fraud and producing a false caste certificate cannot be said to hold a post validly - Such person cannot claim constitutional guarantee or protection of regular disciplinary enquiry prior to dismissal - Principles of natural justice sufficiently complied with through show cause notices - Held - Since the initial appointment order was illegal the requirement to initiate departmental disciplinary proceedings prior to passing dismissal order was unnecessary - [Paras 14-21].

Decision: Appeal allowed – Judgment of the Single Judge set aside and writ petition dismissed – Impugned termination order affirmed – Salary and emoluments already paid to the respondent during the pendency of the appeal pursuant to his working shall not be recovered.

Criminal Law - Maintenance - Code of Criminal Procedure 1973 - Section 125 - Revisional jurisdiction under Section 19(4) of Family Courts Act 1984 - Challenge to ex-parte maintenance order - Wife filed application for maintenance wherein Family Court directed husband to pay Rs 10000 per month - Husband contended proceedings were conducted ex-parte without proper service of notice depriving him of fair hearing - Record revealed notices returned unserved as petitioner was not at home following which Family Court ordered service via WhatsApp email and RAD mode - However no report on record disclosed successful execution of electronic service or confirmation through RAD - Family Court proceeded in haste to conclude proceedings and pass final ex-parte order without verifying due service - High Court observed that failure to ascertain status of electronic service strikes at the root of principles of natural justice constituting a grave material irregularity - Held - Impugned order suffers from patent illegality and procedural irregularity warranting interference to prevent miscarriage of justice - Impugned order set aside and matter remanded back to Family Court for fresh consideration after affording adequate opportunity of hearing - Revision allowed - [Paras 1-18].

Criminal Law - Service of Notice - Code of Criminal Procedure 1973 - Section 125 - Validity of electronic service - Court allowed issuance of notice through WhatsApp email and RAD mode after physical notice returned unserved - Absolute absence of conclusive service report or acknowledgement regarding electronic modes or RAD on record - Held - Proceeding to pass final ex-parte order without ensuring notice was duly served constitutes grave material irregularity violating principles of natural justice - [Paras 13-16].

Decision: Criminal revision allowed – Impugned order dated 07/12/2023 set aside – Matter remanded back to the Family Court for fresh consideration – Parties directed to appear before the Family Court on 17/08/2026.

Civil Law - Review Jurisdiction - Code of Civil Procedure 1908 - Section 114 and Order 47 Rule 1 - Review of judgment dismissing writ petition - Petitioner an Army officer sought review of judgment which upheld Armed Forces Tribunal order dismissing his challenge to Confidential Reports of 2010 and 2011 and non-empanelment for promotion to Colonel rank - Earlier judgment noted petitioner himself filled and authenticated the CR forms and did not challenge them contemporaneously but only after non-empanelment - Petitioner now argues technical invalidity under Army Orders and disputes his signatures due to alleged absence on sanctioned leave - Court observed review jurisdiction is strictly confined to errors apparent on the face of the record - Re-appreciation of evidence and fresh consideration of statutory provisions or rival contentions is impermissible under review jurisdiction as it cannot be equated with an appeal in disguise - Mere possibility of two views or desire for elaborate discussion on an Army Order does not constitute an error apparent - Held - No error apparent on the face of the record demonstrated - Review Petition dismissed - [Paras 1-22].

Civil Law - Scope of Review - Constitution of India - Article 226 - Error apparent on the face of record - Petitioner sought different interpretation of Army Orders and re-examination of merits regarding his Confidential Reports - Court reiterated settled law that review proceedings are not by way of an appeal - Error must strike one on mere looking at the record and should not require any long-drawn process of reasoning where two opinions are possible - Mere dissatisfaction with the reasoning adopted or extent of discussion on a particular aspect cannot be a ground for review - Held - Contentions essentially invite the Court to re-examine merits which falls within appellate domain and is impermissible in review - [Paras 10-21].

Decision: Review Petition is dismissed – Pending applications if any also stand disposed of.

Writ Law - Public Interest Litigation - Maintainability and suppression of facts - Petitioner an advocate filed three PILs challenging appointments in Madhya Pradesh Private University Regulatory Commission alleging corruption - Prior complaint to Lokayukta by petitioner was already enquired into and closed - Court noted that petitioner concurrently acted as counsel for one of the respondents in separate writ petitions challenging recovery orders - Information for the PILs was likely collected from the said respondent client and suppressed in the pleadings - Court observed that accepting a brief for a party who is impleaded as a respondent with allegations in a PIL raises issues of professional misconduct for the Bar Council to enquire - Term of the challenged respondents was already over with new appointments made - Held - PILs filed with suppression of material facts are not liable to be entertained - Writ petitions dismissed with costs of Rs 25000 each - [Paras 1-7].

Decision: Writ petitions i.e. W.P. No.11341/2025, W.P. No.18974/2025 and W.P. No.24052/2025 are dismissed with a cost of Rs. 25,000/- each.

Writ Law - Tender Disqualification - Constitution of India - Article 14 - Arbitrariness in tender conditions - Appellant company disqualified from tender process of Bank of Baroda because its Promoter Director was a defaulter and associated with an NPA account - Appellant challenged the exclusionary tender clause as arbitrary and claimed the director was recently re-designated as a Professional Director - Single Judge declined interim relief - Division Bench held that a commercial entity is evaluated by the persons in control - Exclusionary clause ensuring financial stability and creditworthiness of bidders is valid and not manifestly arbitrary - Furthermore the director exercised de facto control as Executive Chairman and changing his designation on paper did not alter his control over management - Held - Impugned clause is valid and appellant was correctly deemed ineligible - appeal dismissed - [Paras 1-47].

Writ Law - Judicial Review of Contracts - Constitution of India - Article 226 - Scope of interference - Authority floating the tender is the best judge of its requirements - Courts must exercise restraint in contractual matters unless the decision is arbitrary or mala fide - Appellant participated in the tender without objecting to the exclusionary clause and submitted an undertaking of compliance - Held - Having participated unreservedly the appellant cannot subsequently challenge the tender conditions after being disqualified - [Paras 26-31].

Company Law - Promoter and Control - Companies Act 2013 - Sections 2(27) and 2(69) - Interpretation of Promoter Director and Control - Appellant argued that the expression promoter should be restricted to the annual returns and the director was merely a professional - Evidence demonstrated the director was a founding member and Executive Chairman with overarching powers on strategic leadership and financial oversight - Held - Expression control encompasses de facto control over day to day affairs and policy decisions - The director falls within the expansive definition of promoter and control under the Companies Act - [Paras 33-45].

Decision: Appeal dismissed - The pending interlocutory applications also stand disposed of.

Criminal Law - Attempt to Murder and House Trespass - Indian Penal Code 1860 - Sections 307 and 452 - Appellant convicted for entering the house of the victim and inflicting ten incised wounds with a knife on her body - Trial court convicted the appellant based on the sole testimony of the injured witness despite independent witnesses turning hostile - Appellant challenged the conviction arguing lack of corroboration and failure to prove motive - High Court found the testimony of the injured victim to be wholly reliable and corroborated by medical evidence - The nature and multiplicity of injuries including defensive wounds established the intention to cause death - High Court upheld the conviction and sentence noting the brutal and premeditated nature of the attack - Held - Conviction and sentence recorded by the trial court are upheld in their entirety appeal dismissed - [Paras 2-19].

Evidence Law - Sole Injured Witness - Indian Evidence Act 1872 - Section 134 - Reliability of solitary testimony - Law does not insist on plurality of witnesses and conviction can be founded on the testimony of a single witness if found wholly reliable - Testimony of the injured victim carries a built in guarantee of truthfulness requiring no further corroboration unless strong grounds exist to doubt it - Hostile witnesses admitted the victim sustained injuries and presence of the appellant at the spot - Trivial variations in testimony do not warrant rejection - Held - Trial court correctly appreciated the evidence and rightly held it to be reliable - [Paras 11-12].

Criminal Law - Motive - Indian Evidence Act 1872 - Section 8 - Failure to prove motive not fatal - Prosecution alleged longstanding dispute over right of way as motive - Trial court held motive not established to be serious - High Court concurred but noted that failure to prove motive is not fatal where the occurrence is otherwise established by cogent direct evidence - Motive assumes significance principally in circumstantial evidence cases - Held - Non proof of motive cannot outweigh clear direct and corroborated testimony - [Para 13].

Criminal Law - Sentencing - Code of Criminal Procedure 1973 - Sections 374 377 and 386 - Trial court failed to impose mandatory fine under Section 307 IPC - Absence of fine constitutes an infirmity in the sentence - Neither the State nor the complainant preferred any appeal or revision seeking enhancement of sentence - High Court exercising jurisdiction in an appeal preferred solely by the convict cannot enhance the sentence to the prejudice of the appellant in the absence of a cross appeal or notice for enhancement - Held - Sentence as awarded by the trial court is maintained in its entirety without imposing fine - [Para 17].

Decision: Appeal dismissed - Conviction and sentence under Sections 307 and 452 IPC affirmed - Appellant directed to surrender within two weeks to serve the remainder of the sentence with benefit under Section 428 CrPC.

Civil Law - Contempt of Court - Code of Civil Procedure 1908 - Order XXXIX Rule 2(a) - Maintainability of contempt petition after vacation of interim order - Appellant filed contempt petition alleging willful disobedience of an ex-parte ad-interim injunction enforcing a non-compete clause - Trial court later dismissed the primary application for temporary injunction on merits which was confirmed by the Appellate Court - Trial court subsequently dismissed the contempt petition as not maintainable - High Court noted that the ex-parte ad-interim injunction did not subsist - High Court held that it would not be fair to proceed against the defendant in contempt for violation of an ex-parte interim order when the temporary injunction order was vacated by a considered order and confirmed by the Appellate Court - High Court observed that until the main suit is finally decided the contempt proceedings cannot be proceeded with as it will be a futile exercise of jurisdiction - Held - Trial court rightly closed the proceedings under Order XXXIX Rule 2(a) of CPC - Appeal dismissed - [Paras 3-16].

Decision: Appeal dismissed – Pending interlocutory applications if any shall stand dismissed.

Criminal Law - Maintenance - Code of Criminal Procedure 1973 - Section 125 - Challenge against Sessions Court order denying maintenance to petitioner wife while maintaining it for the child - Marriage between petitioner and respondent annulled by competent court under Section 11 of Hindu Marriage Act 1955 for contravening Section 5(i) as petitioner concealed her earlier subsisting marriage - Petitioner sought expansive interpretation of wife relying on live in relationship jurisprudence - High Court observed that full bench has settled that wife means only legally wedded wife and woman whose marriage is void by reason of contravention of Section 5(i) is not entitled to maintenance - Broad interpretation inapplicable where deceit and concealment of earlier marriage are present - Party cannot take advantage of her own wrong - Provisions of Section 125 cannot be exercised in favour of petitioner who acted deceitfully - Held - Impugned order rightly denied maintenance to petitioner - Writ Petition dismissed - [Paras 2-20].

Family Law - Void Marriage and Maintenance - Hindu Marriage Act 1955 - Sections 5(i) and 11 - Code of Criminal Procedure 1973 - Section 125 - Claim of maintenance by woman whose marriage is annulled for prior subsisting marriage - Petitioner cohabited with respondent for barely three months - Element of deceit involved as fact of earlier marriage was concealed - Decisions granting maintenance to second wives or live in partners distinguished as present case involves active concealment and short cohabitation - Held - A second wife whose marriage is void on account of survival of first marriage is not a legally wedded wife and therefore not entitled to maintenance - [Paras 10-18].

Decision: Writ Petition is dismissed – No order as to costs.

Writ Law - Banker's General Lien - Indian Contract Act 1872 - Section 171 - Withholding of pledged gold ornaments despite full repayment - Petitioner availed a gold loan and pledged gold ornaments - Petitioner was also a co-applicant in a housing loan availed by her husband which subsequently became a Non-Performing Asset - Petitioner fully repaid the gold loan and demanded return of the ornaments - Respondent bank refused citing its right of general lien over the ornaments towards the outstanding housing loan dues - Petitioner contended that general lien cannot be exercised for debts owed by a different account holder absent explicit authorization and that repayment of the specific loan terminates the banker-customer relationship for that transaction - Bank relied upon Clause 11 of the Gold Loan Pledge Form wherein petitioner explicitly agreed that pledged ornaments could be retained as security for any other loans granted solely or jointly - High Court observed that Section 171 allows a bank to exercise general lien over bailed goods to clear unpaid debts owed by the same borrower unless there is an express contract to the contrary - Court held that the petitioner being a co-applicant in the housing loan owed the debt herself - Court further found no express contract to the contrary but rather an explicit authorization by the petitioner allowing the bank to retain the gold for other joint debts - Held - Bank is legally entitled to retain the gold ornaments by exercising general lien under Section 171 - Writ petition dismissed - [Paras 1-38].

Banking Law - Lien - Indian Contract Act 1872 - Section 171 - Express authorization for lien - Petitioner challenged bank's retention of gold ornaments post repayment - Clause 11 of the Gold Loan Pledge Form explicitly authorized the bank to retain the pledged gold as security for other loans granted to the pawner either solely or jointly - Held - In the presence of specific authorization and absence of any contract to the contrary the bank rightly exercised its general lien for the housing loan where petitioner is a co-applicant - [Paras 31-36].

Decision: Writ petition is dismissed – No order as to costs.