Criminal Appeal - Conviction under Sections 342/363/376 IPC and Section 6 of the POCSO Act - Victim, a minor, allegedly sexually assaulted by the appellant - Appeal seeks to set aside the conviction and sentence - Various submissions made by the parties - Examination of victim's testimony, medical evidence, and corroborating statements - Analysis of inconsistencies in victim's statements - Consideration of age of victim - Appellant's contention of absence of injuries - Statutory presumption under Section 29 of the POCSO Act - Conviction upheld.

Personal Liberty - Court's duty to appreciate evidence and not attach undue importance to minor discrepancies - Emphasis on the credibility and reliability of victim's testimony - Age of the victim as a factor in evaluating statements - Relevance of corroborating evidence in sexual assault cases.

Sexual Offences - Importance of medical evidence and injuries in sexual assault cases - Acknowledgment that injuries may not be present in every case - Recognition of penetration as a crucial element, regardless of the presence of injuries - Reference to statutory presumption under Section 29 of the POCSO Act.

Conviction under Sections 342/363/376 IPC and Section 6 of the POCSO Act upheld - Victim's testimony found credible and trustworthy - Minor contradictions and absence of injuries do not discredit the prosecution's case - Appellant's appeal dismissed.

Writ Petition - Challenge to Rejection of Representation for Reopening of IMFL "ON" Shop - Petitioner sought quashing of orders rejecting representation and a direction to grant permit for reopening - Shop had been closed due to Supreme Court's ban on liquor sale along highways.

Apex Court's Relaxations - Subsequent orders by Supreme Court provided relaxations based on proximity and development of the area in question - Government issued guidelines limiting distance for liquor outlets along highways to 3 KMs from municipal areas, subject to sufficient urban development.

Government's Policy - Discretion of the Government in policy formulation and decision-making not routinely subject to judicial review - Courts evaluate legality, not the wisdom of policy decisions.

Scope of Judicial Review - Judicial review concerned with decision-making processes, not the correctness of policy - Courts must avoid usurping government decision-making power.

Government's Decision Upheld - Petitioner's claim conflicted with government's policy decisions aligned with apex Court's directions - Court upheld government's rejection of petitioner's representation.

Writ Petition Dismissed - Petition seeking quashing of government's decision and reopening of petitioner's shop dismissed - No order as to costs.

Civil Jurisdiction - Territorial Jurisdiction - Arbitration Agreement - Interpretation of seat of arbitration - Dispute over territorial jurisdiction - Whether the court has territorial jurisdiction to entertain the present petition - Examination of arbitration agreement's clauses - Determination of the "seat" of arbitration - Analysis of relevant precedents regarding seat of arbitrationand jurisdiction - Seat of arbitration as indicated by the arbitration agreement's "venue" - Court's supervisory jurisdiction over arbitration proceedings situated at the designated seat - Applicability of amendments to Section 29A of the Act to pending arbitration proceedings - Extending the mandate of the arbitrator on sufficient cause being shown - Extension of time for completing arbitration proceedings and making the arbitral award granted - Petition allowed with directions. [Para 11]

Venue and Seat of Arbitration - Distinction and Interpretation - Examining the arbitration agreement's clauses to determine the intended "seat" of arbitration - Understanding the significance of designating a "venue" in the agreement - Precedents demonstrating the relationship between "venue" and "seat" in arbitration proceedings - Importance of the courts having supervisory jurisdiction over the seat of arbitration - Distinction between a general "exclusive jurisdiction" clause and a specific clause pertaining to arbitration proceedings - Prima facie interpretation of the agreement's clauses pointing to Delhi as the "seat" of arbitration - Importance of party autonomy in designating the seat of arbitration - Precedents reinforcing the principle of party autonomy in selecting the seat - Application of Section 29A of the Act to extend the mandate of the arbitrator - Factors justifying the extension of time for completing arbitration proceedings - Granting of one-year extension for completing arbitration proceedings and making the arbitral award - Jurisdictional analysis and directions for the petition. [Para 12-22]

Arbitration Proceedings - Extension of Arbitrator's Mandate - Interpretation of Section 29A of the Arbitration Act - Application of Section 29A to pending arbitration proceedings - Examination of circumstances justifying extension of the arbitrator's mandate - Review of the arbitral proceedings' progress and expedition - Acceptance of party's request for time extension due to ongoing evidence recording stage - Granting of one-year extension for the completion of arbitration proceedings and the issuance of the arbitral award - Court's role in ensuring fair arbitration process and timely resolution - Application of legal provisions and precedent in deciding on time extension - Court's jurisdiction and discretion in extending arbitrator's mandate - Petition allowed with appropriate extension of time and other directions. [Para 33-39]

Conclusion and Directions - Legal Interpretation and Jurisdiction - Analysis of clauses in the arbitration agreement regarding venue and seat - Determination of seat of arbitration based on agreement's provisions - Distinction between venue and seat in arbitration proceedings - Application of precedents and relevant legal principles to interpret the agreement - Examination of circumstances justifying extension of arbitrator's mandate - Application of Section 29A of the Arbitration Act to ongoing arbitration proceedings - Decision to grant one-year extension for the completion of arbitration proceedings and issuance of arbitral award - Ensuring fairness and expedition in the arbitration process - Petition allowed with the specified extension and resolution of pending applications. [Para 31, 32, 34-40]

Compensation Policy – Punjab State Power Corporation Ltd. – Introduction of a comprehensive policy by respondents/PSPCL for compensation in cases of fatal/non-fatal injuries/deaths due to electrocution – Application to employees (regular and contractual) and private persons (including minors and adults) – Details of compensation under various scenarios provided. [Para 8]

Employee Compensation Act, 1923 – Application – The policy for compensation aligns with the provisions of the Employee's Compensation Act, 1923 – Calculation of compensation amounts for various categories and age groups detailed – Maximum wage ceiling considerations and relevant factors for calculation exemplified. [Para 9-12]

Policy Implementation – Procedure for Claiming Compensation – Petitioners directed to approach respondent-Authorities with necessary documents for compensation claims as per policy – Policy includes a detailed procedure and required documentation. [Para 14]

Decision: Petitions disposed of with instructions to petitioners to approach PSPCL for compensation claims as per the outlined policy, and respondent authorities to decide and release compensation expediently.

Facts: The petitioner sought to quash an order allowing the recall of PW5 for cross-examination through video conferencing in a criminal case where he was accused of abusing a Judicial Officer. [Para 4]

 Issues: The issues were related to the legality of the trial Court's decision to recall PW5 for cross-examination through video conferencing and whether the accused's rights were affected by this decision. [Para 5-6]

 Observations: The Court observed that the application under Section 311 of Cr.P.C. must be allowed frequently, and that recording evidence through video conferencing is permissible under the law. The Court referred to the detailed rules and procedures laid down for video conferencing. [Para 7, 9-11]

 Decision: The High Court held that the trial Court's decision was permissible and did not affect the rights of the accused. The petition was dismissed. [Para 12]

Facts:

The accused were charged with the murder of Shihab, allegedly committed using an Ambassador car (MO11) and a motorcycle (MO13). The prosecution claimed that the accused were members of the organization RSS and had targeted Shihab, who was the prime accused in the murder of an RSS member. The case was built on the evidence of two witnesses (PW1 and PW2) and the seizure of the vehicles. The accused denied involvement, claiming false implication due to their RSS membership. [Para 27-30]

Issues:

1. Whether the evidence provided by the prosecution, including the testimony of PW1 and PW2, is sufficient to establish the guilt of the accused. [Para 27-29]

2. Whether the investigation was conducted properly, without bias or external interference. [Para 30-31]

3. Whether the accused were falsely implicated due to their association with the RSS organization. [Para 29]

Observations:

1. The court found that there was no satisfactory evidence connecting MO11 and MO13 to the crime or the accused to the vehicles. [Para 27]

2. The court noted serious lapses in the investigation, including a delay in questioning key witnesses, lack of material evidence, and inconsistencies in the police diary. [Para 30-31]

3. The court expressed concern over the manner in which the investigating officer concluded the accused's guilt without sufficient materials and the impact of such flawed investigation on the credibility of the justice system. [Para 34]

Decision:

The court allowed the appeal, setting aside the conviction of accused 1 to 7 and acquitting them. The court emphasized that the acquittal was not due to a finding of innocence but rather due to flawed investigation and lack of evidence. The accused were ordered to be released from custody unless required for any other case. [Para 33-34]

Facts - Police investigation in the present case recorded statements of Mr. Tanveer Khan and Mr. Nirmal Paul, witnesses mentioned by Respondent No.2 in her FIR. The witnesses did not support Respondent No.2's allegations.

- Respondent No.2 falsely claimed that the company, Max Life Insurance, did not take cognizance of her complaints, even though an inquiry was conducted into them.

- There was a three-month delay in lodging the FIR. The Hon'ble Supreme Court emphasized the importance of timely FIRs, citing the case of Thulia Kali V/s. The State of Tamil Nadu.

 Legal Issues

1. Whether the FIR lodged by Respondent No.2 was mala fide and filled with improvements and suppressions of material facts.

2. Whether the case falls under the exceptional categories mentioned in State of Haryana & Ors. V/s. Bhajan Lal that would warrant quashing the FIR under Article 226 or Section 482 of the Cr.P.C.

 Observations

The FIR by Respondent No.2 is filled with inconsistencies and deliberate suppression of material facts, and appears to be lodged with mala fide intentions.

- The case qualifies under categories 6 and 7 of principles outlined by the Hon'ble Supreme Court in the case of State of Haryana & Ors. V/s. Bhajan Lal, making it a fit case for quashing the FIR.

 Decision

- The court concluded that continuing further investigation in the FIR would be an abuse of process and should be quashed in the interest of justice.

- Petition is allowed in terms of prayer clause (b) and the rule is made absolute.

Marriage and Separation – Marriage between parties and subsequent separation; allegations of relationships outside marriage during proceedings. [Para 1-7, 24-27]

Cruelty – Allegations and substantiation of cruelty; Supreme Court's observations; false complaints constituting mental cruelty. [Para 12-13, 19-23]

Desertion – Evidence of long separation without cogent reason; desertion proved. [Para 27]

Divorce Granted – Setting aside of impugned judgment; divorce granted on grounds of cruelty and desertion. [Para 28, 35]

Financial Support and Assistance – Acknowledgment of respondent's financial difficulties; voluntary payment and assurance of BPL Card issuance. [Para 29-34]

Criminal Appeal – Summoning Order – Matrimonial Dispute – Allegations of assault, abuse, and threats – Present petition filed under Article 227 of the Constitution against the impugned summoning order – Petitioners (accused) challenge the legality and propriety of the summoning order – Court examines the facts and submissions of both parties. [Para 1]

Prima Facie Case – Court reviews the factual matrix of the case – Respondent no. 2 (complainant) alleges mistreatment and theft of valuables by petitioner no. 1 and other family members – Court assesses the nature of allegations and examines evidence on record to determine if a prima facie case for summoning the accused is made out – Court’s discretion in issuing process is not mechanical but requires application of mind to the facts and the law. [Para 12]

Marital Dispute – The court notes the existence of a matrimonial dispute between the parties – Both sides have filed complaints and cases against each other – Court emphasizes the need for thoughtful consideration in matters related to matrimonial disputes before issuing process against the accused, who are the wife and in-laws of the complainant. [Para 18]

Decision – Impugned orders are set aside – Matter remanded to the learned magistrate for a fresh consideration of the question of summoning the opposite parties (present petitioners) – Opportunity to be given to the complainant (respondent no. 2) to be heard – A reasoned and speaking order is to be passed in light of the court’s observations. [Para 21]