Family Law - Hindu Marriage Act - Marriage declared null and void under Section 11 - Challenge to the judgment and decree of nullity - Examination of evidence regarding the existence of custom or usage permitting marriages within the sapinda relationship - Failure to establish the custom - Marriage within sapinda relationship held to be null and void. [Para 1-30]

Rights of Children Born Out of Null and Void Marriages - Child born to parents whose marriage is declared null and void - Legitimacy conferred under Section 16(1) and (2) of the Act - Such children entitled to rights in the property of their parents, whether self-acquired or ancestral - No restriction on the property rights of such children - Child's entitlement to rights recognized. [Para 30-31]

Disposition of Appeal - Marriage declared null and void due to sapinda relationship - Child's legitimacy not in dispute - Appeal and pending application disposed of. [Para 32]

Criminal Procedure – Examination of Accused – Failure to question the accused under Section 313(1)(b) of the Code of Criminal Procedure – Effect on proceedings – Revision petitions challenging concurrent convictions under Section 138 of the Negotiable Instruments Act – Accused denied a fair opportunity to explain incriminating circumstances – Failure to comply with the mandate of Section 313(1)(b) results in miscarriage of justice – Judgments of lower courts set aside – Complaints remitted to Trial Court for questioning of the accused under Section 313(1)(b) and fresh proceedings – Accused and complainant to appear before Trial Court on specified date – Directions issued for expeditious disposal of complaints. [Para 22-24]

Administrative Law – Transfer of cases between benches of the Central Administrative Tribunal – Chairman’s power to transfer cases – Requirements of a reasoned order – Orders transferring cases should specify reasons – Orders lacking reasoning violate principles of natural justice. [Para 23-31]

Decision – Orders dated March 2, 2023, and March 27, 2023, passed by the Chairman transferring and retaining cases are set aside – Cases to be considered afresh by the Chairman, Central Administrative Tribunal, with proper reasoning – Proceedings in the affected cases are stayed until a new decision is made. [Para 36-37]

Criminal Petition – Quashing of proceedings – Accused seeks quashing of order rejecting discharge application – Accused No. 8, Dr. Neha Bansal, a doctor, was implicated in a case involving the alleged leakage of question papers in a postgraduate entrance test – The government constituted an inquiry committee, which found malpractice and referred the matter to the CBI – Dr. Neha Bansal's discharge application was rejected by the concerned court – The polygraph test revealed deceptive responses, and brain mapping analysis suggested her knowledge of the alleged crime – Corroborative material in the charge sheet based on statements of witnesses – Quashing of proceedings not justified at this stage – Serious disputed questions of fact – Trial necessary – High Court's order to quash proceedings set aside. [Para 2-10]

Quashing of Complaint - Negotiable Instruments Act - Proceedings under Section 138 of the Act - Petitioners challenging proceedings instituted against them - Accused persons include Directors and office bearers of a company - Cheque issued for credit facility - Chairman of the Company issued the cheque, which was signed by him - Chairman passed away after issuance of the cheque - Accused No. 2 succeeded as Chairman - Renewal and execution of loan documents by accused Nos. 2 to 6 - Cheque presented for realization after being declared a non-performing asset - Dishonored cheque leads to legal proceedings - Company denies liability. [Para 1-12]

Cheque Issued as Security – Liability of Drawer – Presumption under Section 139 of the Negotiable Instruments Act – Blank cheque voluntarily signed and handed over by the accused towards payment – Presumption of liability under Section 139 unless rebutted with evidence – Death of the drawer does not absolve liability, especially when the cheque is issued on behalf of a Company – Company and its office bearers must rebut the presumption before the Court. [Para 15-16]

Decision – Criminal petitions dismissed – Observations made in the order are for the consideration of the case under Section 482 of the Cr.P.C. and do not bind or influence any other pending proceeding. [Para 16]

Kidnapping – Biological Father’s Act of Taking Minor Son from Mother’s Custody – Examination of whether a biological father taking his minor son from the mother’s custody amounts to kidnapping under Section 363 of the IPC – Father’s role as natural guardian under Hindu law considered. [Para 4-5, 12]

Lawful Guardianship – Hindu Minority and Guardianship Act, 1956 – Discussion on the rights and obligations of parents as natural guardians – Reference to Section 6 of the Hindu Minority and Guardianship Act, 1956, establishing the father as the natural guardian of a minor, subject to certain conditions. [Para 6, 9, 11]

IPC Section 361 – Interpretation and Applicability – Analysis of Section 361 of the IPC, pertaining to kidnapping from lawful guardianship – Emphasis on the term “lawful guardian” and its implications on the case involving a biological father taking his child from the mother’s custody. [Para 7-8, 12-13]

Precedents – Reference to Prior Judgments – Citing various judgments, including from Orissa, Kerala, Karnataka, and Gujarat High Courts, supporting the view that a biological father taking his own child does not amount to kidnapping under Section 363, IPC. [Para 14-17]

Decision – Quashing of FIR – The Court finds no prima facie case for kidnapping under Section 363, IPC and deems the continuation of prosecution as an abuse of the process of the Court – The FIR in Crime No.431 of 2023 is quashed and set aside. [Para 18-19]

Matrimonial Petition – waive the cooling period - Request to set aside the order rejecting the application for waiving the cooling period in a divorce case under Section 13-B of the Hindu Marriage Act – Parties married with differences, seeking dissolution of marriage through mutual settlement – Compromise agreement in place – Principal Judge, Family Court refused to waive the cooling period – Parties assert that there are no children and that reconciliation is impossible – Contention that Amardeep Singh judgment was not considered correctly – Reference to Shilpa Sailesh judgment – Observations on the importance of the cooling-off period and waiver conditions – Impugned order not interfered with, but parties advised to move an appropriate application before the Family Court for consideration in accordance with law. [Para 1-17]

Trade Regulation – Challenge to Import Prohibition – Fresh Fruit Flowers and Vegetables Traders Association, Delhi, challenges an import prohibition on cut flowers imposed by the Directorate General of Foreign Trade (DGFT) through an impugned notification – Allegation of discrimination and infringement of constitutional rights. [Para 1-3]

Background to the Dispute – Previous Writ Petition and Court's Directions – The dispute's origins traced to a prior writ petition challenging the notification – Court had directed DGFT and Ministry of Commerce & Industry to decide the petitioner's representations – Subsequent order issued by DGFT denying the petitioner's requests challenged in the present case. [Para 3]

Legal Challenge - Import of Cut Flowers - Dispute over the exclusive import of cut flowers through Chennai Airport - Petitioner challenges the government's directive - The case revolves around whether the government's decision is arbitrary and in violation of the petitioner's rights. [Para 23]

Bio-Security and Operational Efficiency - Government's justification for the exclusive import through Chennai Airport - Government argues that this decision serves national bio-security interests and optimizes operational efficiency - It aims to expedite clearance processes and ensure rigorous adherence to phytosanitary inspection protocols. [Para 24]

Specialized Expertise - RPQS Chennai's capabilities - Chennai facility equipped with advanced instrumentation and specialized personnel for identifying elusive pests in cut flowers - Demonstrates the need for specialized expertise in ensuring bio-security. [Para 25]

Phytosanitary Risks - Import of cut flowers associated with high phytosanitary risks - Emphasis on preventing the introduction of harmful exotic pests into India - Government's responsibility for safeguarding bio-security and ecological stability. [Para 27]

Administrative and Policy Decisions - Court's role in matters of import regulations and resource allocation - Acknowledgment that specialized determinations best left to experts in relevant fields - Government's prerogative to make policy decisions regarding the safeguarding of domestic agriculture. [Para 30]

Future Plans - Government's commitment to upgrading facilities at various ports, including Delhi - Phased approach to strengthen technical manpower and laboratory facilities - Indication of the government's long-term strategy for bio-security. [Para 31-33]

Disposition of the Petition - Ongoing initiatives by the government to address challenges faced by the petitioner - Judicial intervention not warranted at this stage - The petition is disposed of. [Para 35-36]

Police Detention – Illegal arrest and detention without following due procedure – Petitioner seeks compensation – Investigation reveals the Petitioner was picked up and placed in lock-up without an FIR or due process – Violation of fundamental right to personal liberty under Article 21 of the Constitution – Principles laid down in D K Basu case followed. [Para 1-8]

Compensation – High-handed actions by the Police authorities – Deprivation of personal liberty without lawful procedure – Award of compensation under Article 21 – Message to authorities that police officers cannot act arbitrarily – Compensation of Rs. 50,000 granted, to be recovered from the salaries of erring officers. [Para 10-14]