Service Law – Retirement – Date of Birth – Petitioner’s retirement based on disputed date of birth – No proper enquiry conducted – Chairman of Nagar Panchayat unilaterally changed the date of birth based on Life Insurance Policy papers – Original date of birth in service book not altered – Held, retirement order quashed – Petitioner reinstated with entitlement to salary until 31^st December 2023 – Authorities required to conduct proper enquiry before altering service records [Paras 1-17].

Change of Date of Birth – Requirement of Enquiry – High Court emphasized the necessity of a formal enquiry before changing an employee’s date of birth in service records – Service book entries hold contractual value – Life Insurance Policy not a valid document for determining date of birth under service law – Date of birth can only be changed if there was a bona fide mistake at the time of initial recording [Paras 8-13].

Enquiry Procedures – Failure to Conduct Proper Enquiry – Sub Divisional Magistrate’s preliminary fact-finding not sufficient to retire petitioner – District Magistrate’s report unverified from the Board of High School/Madhyamik Siksha Parishad – Importance of giving the employee an opportunity to defend against changes in service records underscored [Paras 4-6].

Decision: Writ Petition Allowed – Order of Chairman of Nagar Panchayat, Dohri Ghat Mau dated 28.8.2014 quashed – Petitioner reinstated and to be in service until 31^st December 2023 with appropriate salary – Directions for proper reassessment of retirement dues and payment adjustment [Paras 17

Maintenance – Muslim Law – Talaak Validity – Petitioner challenged the Revisional Court’s order directing him to pay maintenance – Contended divorce (Talaak) pronounced validly, relieving him of obligations – High Court upheld Revisional Court’s decision – Talaak must be proven with efforts for reconciliation, valid reason, presence of just witnesses, and pronouncement during Tuhr without intercourse – Petitioner failed to meet these criteria [Paras 1-11].

Section 488 CrPC – Maintenance Claims – Evidence and Reconciliation Efforts – Revisional Court rightly considered facts – Divorce not proven as per Islamic law and legal requirements – Maintenance of Rs.3000 per month affirmed – Petition dismissed [Paras 6-11].

Decision – Petition Dismissed – Held – Revisional Court’s order upheld, petitioner to pay maintenance – Emphasis on proper adherence to Islamic principles for divorce [Para 11].
 

Selection Criteria – Legality and Fairness – Petitioner, an Indian Dressage athlete, challenged the selection criteria for the Paris Olympic Games – Contended criteria favored Respondent No. 2 and relied on outdated performance metrics – Court examined adherence to FEI standards and principles of fairness and rationality – Found criteria balanced, reflecting both past performance and current form – Selection based on highest average scores from best four Grand Prix events in past year deemed fair [Paras 1-34].

Judicial Review – Scope and Limits – Court emphasized judicial restraint in interfering with sports federations' selection criteria – Reiterated that judicial intervention is warranted only in cases of manifest arbitrariness or perversity – Cited precedents underscoring deference to expert bodies in sports governance [Paras 13-15].

Consistency in Performance – Importance in Selection – Respondent No. 2’s selection based on consistent high performance over specified period – Court held historical performance metrics ensure selection of stable and consistently high-performing athletes – Rejected petitioner's argument favoring recent performances only [Paras 17-27].

Decision – Petition Dismissed – Held – Selection criteria not arbitrary or discriminatory – EFI’s adherence to FEI guidelines validated – Petitioner’s plea dismissed, affirming selection of Respondent No. 2 to represent India at Paris Olympics [Para 38].

Domestic Violence – Residence Order – Petitioner, an elderly woman, sought protection under the PWDV Act to continue residing in her shared household – Magistrate granted residence order – Respondents, including petitioner’s son and daughter-in-law, contested citing financial liabilities and a previous tribunal order for alternative accommodation – Sessions Court vacated residence order, directing alternative accommodation [Paras 1-13].

Harmonious Interpretation of PWDV Act and Senior Citizens Act – Necessity for harmonizing provisions of the PWDV Act with the Maintenance and Welfare of Parents and Senior Citizens Act – Court emphasized that the PWDV Act does not override the necessity to balance rights of aggrieved women with financial realities and rights of respondents – Sessions Court’s direction for alternative accommodation affirmed, modifying it to ensure financial provision for rent [Paras 6-14].

Decision – Criminal Revision Petition disposed of – Sessions Court judgment affirmed with modification – Respondents directed to deposit Rs. 3 lakhs for petitioner’s rent and maintenance – Petitioner to make similar deposits as needed to maintain alternative accommodation [Paras 14-15].
 

Criminal Law – Conviction for Gang Rape – Appellants convicted under Sections 376-D/34 and 376-DA/34 IPC, and Sections 4 & 6 of POCSO Act, 2012 – Sentenced to life imprisonment and fines – Trial Court’s decision based on victim’s testimony and forensic evidence – Appeals challenge credibility of victim and adequacy of medical evidence [Paras 1-12].

Credibility of Victim’s Testimony – Victim’s deposition inconsistent – Victim admitted not knowing appellants prior to incident, raising doubts on her ability to identify perpetrators – Lack of corroborative evidence and discrepancies in victim’s statements undermine prosecution case [Paras 13-19].

Medical Evidence – No injuries found on victim’s body – Hymen intact – Forensic evidence inconclusive as appellants were not medically examined, violating Cr.P.C. Section 53A – Lapse in forensic procedures critical in undermining prosecution case [Paras 20-23].

Investigation Lapses – Investigating Officer failed to conduct thorough investigation – No independent witnesses examined – Failure to medically examine appellants and gather comprehensive forensic evidence noted as major investigative lapses [Paras 24-28].

Defense Arguments – Appellants argue false implication due to personal enmity – Defense highlights inconsistencies in prosecution’s case and victim’s testimony – Defense’s narrative of victim’s father’s motives considered plausible [Paras 29-36].

Decision – Appeals allowed – Convictions and sentences set aside – Appellants acquitted of all charges – Directed to be released forthwith unless wanted in any other case [Paras 46-49].

Contract Law – Suit for Recovery of Money – Appeal Against Decree – Partial Decree of Money Suit – Settlement of Accounts and Acknowledgement of Debt – The appellants contested a partial decree granted to the respondent for recovery of a sum of Rs. 1,03,91,700/- with future interest at the rate of 6% per annum on Rs. 67.77 lakh from the date of the suit. The appellants claimed that a settlement had been reached for a lesser amount, which was not fully acknowledged by the trial court [Paras 1-9].

Evidence – Documentary Evidence – Importance of Written Acknowledgements – The court found that the trial judge had disregarded crucial written acknowledgements and documents (Ex.D-3 to Ex.D-6) that indicated a settlement amount of Rs. 18.98 lakh, of which Rs. 10 lakh was already paid. The court emphasized the significance of these documents in establishing the terms of the settlement and the amount due [Paras 4-5].

Doctrine of Indoor Management – Applicability in Corporate Transactions – The court applied the doctrine of indoor management, holding that the appellants, as outsiders, were entitled to assume that internal company affairs were properly conducted, particularly in the absence of evidence to the contrary regarding the authority of the HMT officer who acknowledged the settlement [Paras 5-6].

Decision – Appeal Partly Allowed – Modified Decree – The appeal was partly allowed. The court modified the decree, holding that the appellants were liable to pay only Rs. 18,98,000/- as per the settlement dated 25.09.2004, minus the amount already remitted. Additionally, the court directed the appellants to deposit an additional Rs. 20,00,000/- towards full and final settlement within three months, subject to conditions [Order].
 

Criminal Law – Conviction on Basis of Hostile Witness Testimony – Appellants Suresh Mehto and Rajnarayan @ Rajkumar Mehto were convicted for the murder of Pradeep Kumar Paswan. Conviction was primarily based on statements recorded under Section 164 Cr.P.C. by witnesses who later turned hostile. The Court held that such statements are not substantive evidence and can only be used for corroboration or contradiction. Conviction set aside due to lack of direct or circumstantial evidence and absence of motive [Paras 7-20].

Statement Under Section 164 Cr.P.C. – Not Substantive Evidence – The statements of PW-3 Soniya and PW-4 Ajay Yadav recorded under Section 164 Cr.P.C. were given under police pressure. The Court emphasized that such statements alone cannot substantiate conviction. Reliance placed on Supreme Court precedents affirming the limited evidentiary value of Section 164 statements [Paras 17-20].

Motive – Absence of Evidence – The prosecution failed to assign any motive to the appellants for committing the crime. The absence of any motive further weakened the prosecution’s case. The evidence, primarily based on statements under Section 164 Cr.P.C., was insufficient to prove guilt beyond a reasonable doubt [Paras 18-19].

Hostile Witnesses – Impact on Prosecution Case – All key witnesses, including PW-3 and PW-4, turned hostile during the trial. Their court testimonies contradicted their earlier statements recorded under Section 164 Cr.P.C., thereby nullifying their utility for the prosecution. The Court noted that the statements under police pressure do not hold substantive value [Paras 10-13, 19].

Lack of Corroborative Evidence – Besides the hostile witness testimonies, there was no other direct or circumstantial evidence to link the appellants to the crime. The prosecution’s failure to provide corroborative evidence significantly weakened its case, leading to the acquittal of the appellants [Paras 19-20].

Decision:
Appeals allowed – Conviction and sentence set aside – Appellants to be released forthwith unless required in any other case [Paras 21-22].
 

Criminal Law – Gang Rape – Accused convicted for gang rape, robbery, and destruction of evidence – Trial court's judgment affirmed by High Court – The incident involved the accused posing as forest officers, demanding money, and subsequently committing rape – Identification of accused was corroborated by DNA evidence and eyewitness testimony [Paras 1-27].

Identification Parade – Conduct and Reliability – Victim and her companion identified the accused in a test identification parade conducted shortly after the incident – Court accepted the identification despite minor procedural lapses, emphasizing the credibility of the victim's testimony and corroborative evidence [Paras 17-20].

Medical and DNA Evidence – Medical examination of the victim conducted within hours of the incident confirmed sexual assault – DNA analysis linked the accused to the crime, providing crucial corroborative evidence [Paras 19-23].

Common Intention – Section 34 IPC – Court held that the actions of all accused, including those who restrained the victim's companion, demonstrated a common intention to facilitate the crime – Conviction under Section 376-D IPC upheld for all accused [Paras 24-25].

Decision – Appeals dismissed – Convictions and sentences affirmed – Court highlighted the importance of corroborative evidence in upholding the credibility of victim's testimony in sexual assault cases [Para 27].
 

Workmen’s Compensation – Quantum of Compensation – Deceased workman was employed as a driver and died in a road accident – Compensation awarded based on minimum wages under G.O.Ms.No.58 dated 09.04.1991 – Evidence from the employer suggested a higher salary – High Court enhanced compensation to reflect actual salary as stated by the employer [Paras 1-13].

Principle of Just Compensation – Application in Workmen’s Compensation – Court emphasized the importance of providing just compensation and not merely relying on minimum statutory wages – Compensation can be enhanced even if the appeal is filed only by the insurance company [Paras 7-13].

Decision: Civil Miscellaneous Appeal Disposed of – Held:

Revised compensation payable to claimants enhanced to Rs. 3,25,365/- based on actual salary – Differential amount of revised compensation to be deposited within 30 days along with statutory interest – No costs awarded [Paras 12-13].