Motor Accident – Compensation – Quantum – Income Assessment – Tribunal assessed monthly income of deceased at ₹15,680 based on Deputy Commissioner’s wage notification for skilled labour – Appellant insurer contended income should have been computed as ₹8,245 per minimum wage notification – Held: Deceased held valid licence for heavy vehicles and was rightly treated as skilled labour – Deputy Commissioner’s wage notification applicable – No perversity or illegality in Tribunal’s approach – Tribunal’s award of ₹19,60,000 with 7.5% interest upheld [Paras 3–11].

Appellate Review – Scope – Interference by appellate court only if findings are perverse or arbitrary – Mere alternative view not sufficient – Citing Saroj & Ors. v. IFFCO-Tokio General Insurance Co., 2024 INSC 816, Court held that absence of contrary evidence justifies reliance on local wage notifications for income computation – Findings of Tribunal affirmed [Paras 6–9].

Decision: Appeal dismissed – Tribunal’s award upheld – Appellant Insurance Company entitled to refund of statutory deposit of ₹25,000 [Paras 12–13].

Negotiable Instruments – Cheque Dishonour – Financial Capacity – Section 138 NI Act – Accused issued cheque of Rs.5,00,000 which was dishonoured for insufficient funds – Trial Court acquitted accused holding complainant failed to prove her financial capacity to lend the money – Appellate Court held that unless accused disputes financial capacity with evidence, presumption under Section 139 operates – Held: Trial Court erred in doubting complainant’s capacity without any rebuttal by accused – Complainant’s explanation regarding source of funds from property sale found credible [Paras 9-10].

Presumption under NI Act – Section 139 – Accused did not rebut presumption – Accused neither entered witness box nor challenged issuance or signature of cheque – No defence evidence led – Held: Presumption under Section 139 NI Act remained unrebutted – Conviction proper [Paras 5, 11].

Criminal Procedure – Legal Notice – Notice returned as “Unclaimed” – Held: Due service presumed – Complaint filed within limitation – All conditions under Section 138 NI Act fulfilled – Accused did not respond to notice nor deny liability [Paras 8-9].

Compensation and Sentencing – Conviction under Section 138 NI Act – Fine of Rs.8,00,000 imposed – Rs.7,80,000 directed to be paid to complainant as compensation under Section 357A CrPC – In default, accused to undergo simple imprisonment for three months [Para 11, Order].

Decision: Appeal allowed – Acquittal set aside – Accused convicted under Section 138 NI Act – Fine of Rs.8,00,000 imposed – Rs.7,80,000 payable to complainant as compensation – Default sentence of three months’ simple imprisonment.

Tender Conditions – Judicial Review – Turnover Criteria – Challenge to Clause 5.2 of the tender document prescribing a minimum annual turnover of ₹9 crores for eligibility and awarding marks based on turnover brackets – Petitioner alleged the clause to be arbitrary, vague, and designed to favour a specific class of bidders – Held: Tender inviting authority justified the clause based on the scale of operations (1134-bedded hospital) and need for financial capacity to provide seamless service for 2–3 months without payment – Clause not found to be arbitrary or violative of Articles 14, 19(1)(g), or 21 – No interference warranted under Article 226 [Paras 1–2.2, 5–6, 13–15]

Level Playing Field – Discrimination and Arbitrary Conditions – Court reaffirmed that while State action in contractual matters is subject to judicial review, interference is limited to cases of manifest arbitrariness, mala fides, or absence of nexus with the object of the tender – Test of arbitrariness lies in whether the impugned condition furthers the objective sought or unfairly restricts competition – In present case, requirement of high turnover held to have rational nexus with the hospital's operational needs [Paras 6, 13–15]

Scope of Judicial Review – Tender and Contractual Matters – Courts cautioned against substituting administrative decisions made by expert bodies unless the action is arbitrary, biased, or lacks justification – Reliance placed on principles from Michigan Rubber, Master Marine Services, Balaji Ventures, and Subodh Kumar Singh Rathour – Procedural fairness ensured via pre-bid consultation – Petitioner’s objections duly considered [Paras 9–12.1]

Decision: Writ petition dismissed – Turnover clause upheld – No costs [Paras 16–17]

Service Law – Recruitment Process – Reservation Policy – Horizontal Reservation Misapplied Vertically – Invalid Implementation of Ex-Servicemen Quota – Petitioners challenged recruitment to 303 posts of Security Guard (T&S Grade G) in Mahanadi Coalfields Limited – Court found that Ex-Servicemen reservation of 24.5% was applied vertically by adjusting candidates in General category instead of horizontally across all vertical categories – Held: Application of horizontal reservation must cut across SC/ST/OBC/General categories and not disturb overall vertical structure – Misapplication invalidated the recruitment process to that extent [Paras 6–19].

Reservation – Ceiling Limit – Breach of 50% Cap – Ex-Servicemen Quota Pushed Reservation to 74.5% – Petitioners argued inclusion of 24.5% Ex-Servicemen quota resulted in total reservation exceeding 50% ceiling laid down in Indra Sawhney – Court held that such reservation, being horizontal, should not have inflated vertical quota – Improper classification and adjustment led to excessive reservation, contrary to constitutional principles [Paras 4(ii), 9–10, 14–16].

Recruitment – Change in Criteria – Post-Advertisement Modification Not Permissible – Ex-Servicemen quota was not clearly mentioned in employment notification dated 19.02.2014 – Applying such quota retrospectively and without proper disclosure in advertisement violates fairness and transparency in recruitment – Held: Selection criteria cannot be altered mid-way unless compliant with law and advertisement terms [Paras 4(i), 20].

Equitable Relief – Regularization – No Displacement of Appointed Candidates – Creation of Supernumerary Posts Directed – Despite flaws in application of reservation, Court declined to displace already appointed Ex-Servicemen candidates – Held: Appointments made in good faith should not be disturbed – Directed reconsideration of petitioners’ candidature in fresh recruitment – Supernumerary posts to be created to absorb both groups without prejudice [Paras 21–27].

Recruitment Process – Judicial Approach – Balancing Legality with Equity – Relying on Ran Vijay Singh, Rajesh Kumar, and Khunjamayum Bimoti Devi, Court held that mistaken appointments should not result in termination if done in good faith – Instead, directed prospective corrective action and seniority protection for rightful candidates [Paras 22–25].

Decision: Writ Petitions allowed – Selection process to be reviewed – Petitioners to be considered afresh – Existing appointees to retain posts under supernumerary category – Seniority of petitioners to be maintained over them – Entire exercise to be completed expeditiously [Paras 26–30].

Constitutional Law – Live-in Relationship – Right to Protection – Petitioners in consensual live-in relationships alleged threats to life from private individuals and sought police protection – Held: Right to cohabit without marriage is protected under Article 21 – Personal autonomy cannot be compromised by societal disapproval – Police directed to grant protection if petitioners are adults and living willingly [Paras 1–3, 22, 45–49, 51–52]

Live-in Relationships – Legality and Social Morality – Court held that live-in relationships, though not widely accepted socially, are not illegal or punishable under law – Such arrangements are not barred by any legislation and are protected by constitutional rights to life, liberty and equality [Paras 6–9, 18–21, 30–33, 45–48]

State Obligation – Protection under Article 21 – Rejected State's contention that police cannot protect non-marital couples – Observed that State is duty-bound to protect life and liberty irrespective of marital status – No justification to deny anticipatory protection where threat is genuine or credible [Paras 12–13, 22, 46]

Personal Autonomy – Right to Choose Partner – Emphasised that major individuals have full autonomy under Article 21 to choose life partners and live together – State or family cannot compel marriage or interfere – Morality cannot override legality [Paras 6–7, 22, 33, 48–49]

Presumption of Marriage – Long-term Cohabitation – As per Section 114 of Indian Evidence Act and Section 119(1) of Bhartiya Sakshya Adhiniyam, long-standing cohabitation gives rise to presumption of marriage – Ensures protection of women and children from such relationships [Para 50]

Judicial Precedent – Binding Nature – Court relied upon extensive Supreme Court and High Court rulings recognising live-in relationships and protecting individual choice – Distinguished the contrary view in Kiran Rawat as not binding and factually distinguishable [Paras 18–21, 24–33, 40–44]

Decision: Writ petitions allowed – Petitioners declared free to live together peacefully – Police directed to provide protection upon verification of age and willingness – No coercive action to be taken unless FIR is registered – Petitioners may produce educational documents or undergo ossification test to prove majority if required [Paras 51–53]

Criminal Law – Rape and Murder – Acquittal – Appellant convicted under Sections 376 and 302 IPC for allegedly raping and murdering a 13-year-old girl in a secluded area – Trial Court relied on extrajudicial confessions made before a co-villager (P.W.3) and a doctor (P.W.11) and on the appellant’s suspicious conduct at the crime scene – High Court finds that neither P.W.3’s testimony about the confession was reliable nor corroborated by prior police statements or other witnesses – Medical officer (P.W.11) did not record any confession in his report and his oral testimony contradicted documentary evidence – Confessional evidence not put to appellant under Section 313 Cr.P.C. – Held: Extrajudicial confession not reliable or admissible to base conviction [Paras 11–12].

Circumstantial Evidence – Guilt Not Proved – Prosecution case entirely based on circumstantial evidence – Appellant’s presence at crime scene explained plausibly and supported by hostile witness (P.W.7) – Forensic reports failed to find blood, semen, or saliva on appellant’s clothes or body – Court held that the chain of circumstances was incomplete and did not exclude every hypothesis of innocence – Conviction based on suspicion or conjecture unsustainable in law [Paras 13–15].

Medical Evidence – Cause of Death – Deceased died of asphyxia due to compression of neck, chest, and abdomen – Signs of recent violent sexual intercourse found – Though rape and homicidal death established, identity of perpetrator not conclusively proved [Paras 9].

Decision: Appeal allowed – Conviction and sentence under Sections 376 and 302 IPC set aside – Appellant acquitted – Bail bonds cancelled [Para 15].

POCSO Act – Rape of Minor – Stepfather – Life Imprisonment – Accused repeatedly raped his 13-year-old stepdaughter after threatening her and her mother with a knife – Incident occurred early morning on 02.04.2018 – Victim lodged prompt FIR, examined as PW3 – Medical evidence revealed fresh hymenal tear and knife wounds – Held: Testimony of PW3 consistent, credible, and supported by medical and documentary evidence – Conviction under Sections 376(2)(f)(n) IPC and Section 6 POCSO Act affirmed – Sentence of life imprisonment for remainder of natural life upheld [Paras 2–3, 7–10, 14–19].

Criminal Trial – Sole Testimony of Victim – Evidentiary Value – PW3 deposed clearly and consistently regarding multiple instances of rape by stepfather – Withstood cross-examination without contradictions or omissions – Medical evidence corroborated injuries – Held: Victim's uncorroborated testimony sufficient for conviction where it inspires confidence – No legal requirement for corroboration if prosecutrix is found reliable [Paras 11–14].

Protection of Children from Sexual Offences Act – Section 29 – Presumption and Burden of Proof – Once foundational facts established regarding age, sexual act, and identity of accused, presumption under Section 29 applies – Accused failed to rebut presumption even by preponderance of probabilities – Held: Statutory presumption stands unrebutted – Conviction legally sustainable [Paras 16–17].

Hostile Witness – Victim’s Mother – Mother (PW12) turned hostile but admitted taking victim to police and fear of accused – Her hostility found immaterial as victim’s testimony independently credible and corroborated – Held: Hostile testimony of PW12 does not dent prosecution case – Court right in relying on victim’s version [Paras 9, 15].

Sentencing – Aggravated Penetrative Sexual Assault by Guardian – Abuse of Trust – Sentence Proportionate – Accused was stepfather and guardian – Act committed after placing child and her mother in fear of death – Held: Crime aggravated by breach of fiduciary relationship – Sentence of imprisonment for remainder of natural life under Section 376(2)(f)(n) IPC appropriate – No separate sentence needed under POCSO due to Section 42 [Para 19].

Decision: Appeal dismissed – Conviction under Sections 324, 506(ii), and 376(2)(f)(n) IPC and Section 6 read with Section 5(l)(n) of POCSO Act confirmed – Life sentence for remainder of natural life upheld – No interference warranted with findings or sentence imposed by Special Court.

Criminal Law – Inherent Powers of High Court – Section 528 BNSS (Section 482 CrPC) – Quashing of Interlocutory Order – Petition filed seeking quashing of trial court order rejecting application under Section 311 CrPC for summoning record of another complaint case – Held: No perversity or illegality found in the impugned order warranting interference under inherent jurisdiction [Paras 1, 12–13].

Criminal Trial – Power to Summon or Recall Witness – Scope of Section 311 CrPC – Discretionary Power – Petitioner sought summoning of record of an entirely different complaint case to rely on alleged admissions – Trial court found that petitioner had ample opportunity earlier and application was filed at belated stage – Held: Power under Section 311 CrPC is to be exercised sparingly, with caution and only when evidence is essential for just decision of the case [Paras 8–10].

Stage of Trial – Final Arguments – Belated Application – Delay as Relevant Consideration – Complaint under Section 138 NI Act pending since 2017 – Defence evidence stage since 2019 – Application under Section 311 CrPC moved only at fag end of trial – Held: Unexplained delay militates against grant of relief and supports inference of attempt to delay proceedings [Paras 11–12].

Evidence – Summoning of Records of Another Case – Relevance and Necessity – Alleged testimony of power of attorney holder in separate proceedings – Trial court noted contradictions between application and submissions and absence of examination of such witness in the other case – Held: Summoning of such record not essential for just decision of present case [Paras 7, 11].

Abuse of Process – Section 311 CrPC – Safeguard Against Misuse – Court reiterated that provision cannot be used to derail proceedings or cause prejudice to opposite party – Held: Application rightly rejected to prevent miscarriage of justice [Paras 10, 13].

Decision: Petition dismissed – Impugned order dated 07.02.2025 upheld – Pending applications also dismissed [Para 14].

Civil Law – Territorial Jurisdiction – Return of Plaint – Trial Court held after full trial that no part of cause of action arose within its jurisdiction and directed return of plaint under Order 7 Rule 10 CPC – Trial Court found that offer, acceptance, payment, and dishonour of cheque occurred at Indore/Pithampur, and not at Malanpur where appellant’s factory was located – Held: Finding that trial court lacked territorial jurisdiction upheld based on evidence showing transaction was centered at Indore and Dhar districts [Paras 9–10].

Civil Procedure – Non-Compliance with Order 7 Rule 10-A CPC – Mandatory Procedure – Despite full trial and appearance of defendant, Trial Court returned plaint without intimating plaintiff or fixing date of appearance in transferee court – Held: Failure to follow mandatory procedure under Order 7 Rule 10-A CPC vitiated the order in part – Order of dismissal of suit unsustainable – Direction issued to Trial Court to return plaint in accordance with Order 7 Rule 10-A CPC and fix a date for appearance before competent court [Paras 11–16].

Civil Procedure – Suit Dismissed While Returning Plaint – Improper – Trial Court both dismissed the suit and returned the plaint, which is legally contradictory – Held: Where jurisdiction is lacking, suit cannot be dismissed on merits and must be returned for presentation before proper court following due procedure [Para 15].

Decision: Appeal partly allowed – Finding on lack of territorial jurisdiction affirmed – Impugned order dated 18.02.2016 set aside to the extent it dismissed the suit – Trial Court directed to return plaint strictly in accordance with Order 7 Rule 10-A CPC and fix date for appearance before appropriate court – No order as to costs.