Wildlife Protection – Conviction for Hunting and Unauthorized Entry – Revisionist convicted under multiple sections of the Wild Life (Protection) Act, 1972 – Trial and appellate courts’ decisions affirmed conviction based on recovery of a weapon and intent to hunt tigers – High Court finds lack of substantial evidence to prove the charges – Prosecution failed to establish that the place of incident fell within a declared sanctuary or buffer zone [Paras 1-20].

Evidence under Section 244 Cr.P.C. – Examination of Witnesses – Prosecution examined six witnesses, including arresting officers and site plan preparers – High Court notes inconsistencies in testimonies and lack of concrete evidence linking revisionist’s actions to defined statutory offenses [Paras 4-7].

Legal Definitions and Applicability – Sections 2(16) and 9 of the Act – Definition of ‘hunting’ under Section 2(16) found inapplicable to revisionist’s actions – No direct evidence of hunting or attempt to hunt presented – Section 27 regarding restriction on entry into sanctuary also not proven due to unclear demarcation of sanctuary boundaries at the incident site [Paras 10-17].

Decision – Revision Allowed – Held – Conviction and sentence set aside – High Court mandates release of revisionist, emphasizing need for precise evidence when charging under wildlife protection laws [Paras 18-22].
 

Eviction Notice – Validity and Service – Plaintiff issued an eviction notice dated 18.06.1994, which was returned with the postal endorsement “refused” on 07.07.1994. The court below held that the notice did not comply with the statutory requirement of one month’s notice expiring with the month of tenancy, as the notice period fell short by eight days. The High Court, however, emphasized that the landlord had taken all necessary steps to serve the notice, and it should be deemed valid under Section 27 of the General Clauses Act [Paras 23-28].

Reasonable Requirement – Bona Fide Need of the Landlord – The trial court’s finding that the landlord required the premises for starting a motor parts business for his son was overturned by the appellate court. The High Court reinstated the trial court’s decision, emphasizing that the landlord’s intention and absence of alternative suitable accommodation were adequately proved. The tenant’s contention regarding the availability of other properties was found baseless [Paras 29-31].

Effect of Subsequent Events – Applicability of WBPT Act, 1997 – The High Court noted that the death of the original tenant and the provisions of Section 2(g) of the WBPT Act, 1997 rendered the respondents trespassers after five years from the tenant’s death, making them liable for eviction. This was in line with judgments like Goutam Dey v. Jyotsna Chatterjee and M/S Mangalic Enterprise v. Swapan Kumar Das [Paras 32-33].

Decision: The appeal was allowed. The judgment and decree of the learned Additional District Judge, Midnapore, in Other Appeal no. 54 of 2000, dated 24.07.2002, were set aside, and the judgment and decree dated 29.02.2000 of the Civil Judge (Junior Division), Contai, in T.S. No. 277 of 1994, were affirmed.
 

Criminal Law – Appeal Against Acquittal – State appealed against the acquittal of Bhikhabhai Punjabhai Solanki and others by the Additional Sessions Judge, Kheda, Camp at Anand - The case involved the death of Vitthalbhai due to alleged assault by respondents on suspicion of illicit relationship - Prosecution's case primarily hinged on the testimony of sole eyewitness PW-1 Sureshbhai, brother of the deceased - Trial Court acquitted accused No.3 Revaben on grounds of private defense and found the prosecution's evidence insufficient to convict other respondents – Court assessed the conduct of PW-1 as unreliable and his presence at the crime scene doubtful - Several key witnesses turned hostile, undermining the prosecution’s case [Paras 1-10, 18-21].

Assessment of Sole Eyewitness – Reliability of Evidence – PW-1’s conduct and delayed reporting of the incident raised doubts about his presence at the crime scene – Trial Court deemed his testimony unreliable - No corroboration from other witnesses - Defence of Accused No.3 under Section 100 of IPC accepted as she acted in self-defense against the deceased's alleged assault [Paras 11-14, 20-21].

Legal Principles – Double Presumption of Innocence – High Court reiterated principles laid down by Supreme Court for interference in acquittal cases – Emphasized double presumption in favour of acquitted accused - Appellate Court should not interfere unless trial court’s judgment is perverse or based on erroneous view of law - Prosecution failed to provide compelling reasons for interference [Paras 15-17].

Decision – Acquittal Upheld – High Court dismissed the State’s appeal, affirming the Trial Court’s judgment – Found no compelling reasons to disturb the acquittal - Bail bonds cancelled and surety discharged [Paras 22-24].

Administrative Law - Jurisdiction of State Commissions – Writ Petition under Articles 226/227 – Petition filed against the Punjab State Scheduled Caste Commission’s order directing the promotion of an employee – Commission directed that respondent be promoted as Senior Executive Engineer – Held, the Commission lacks the authority to issue such directions – Commission’s role is recommendatory and investigatory, not adjudicatory – Order by Commission set aside. [Paras 1-10]

Jurisdiction of State Scheduled Caste Commission – Analysis – Held – The powers of the Commission are confined to investigation and making recommendations, without authority to enforce such recommendations as binding directives – Similar legal position held by the Supreme Court in All India Indian Overseas Bank SC and ST Employees’ Welfare Association v. Union of India, 1996 (6) SCC 606. [Para 7]

Decision – Commission’s Direction to Promote Employee – The impugned order by the Punjab State Scheduled Caste Commission directing the promotion of the respondent is set aside due to lack of jurisdiction – Petition allowed with liberty to respondent to seek other legal remedies. [Paras 9-11]

Criminal Law – Abetment to Suicide – Appeal against the acquittal – Respondents acquitted by the Additional Sessions Judge, Fast Track Court No.5, Jamnagar – Allegations of mental and physical torture leading to suicide of the victim by burning – Dying declaration and witness testimonies considered – High Court upheld the acquittal, finding no manifest illegality or perversity in the trial court's judgment – Emphasized the double presumption of innocence in favor of the accused in cases of acquittal [Paras 1-18].

Presumption under Section 113(A) of the Indian Evidence Act – Applicability discussed – Court held that the mere fact of suicide within two years of marriage and allegations of cruelty do not automatically lead to conviction without corroborative evidence – Dying declaration suggesting accidental cause of death considered significant [Paras 4, 17].

Appellate Court’s Scope – Reiterated principles for interference with acquittal – High Court reviewed evidence, confirming trial court’s findings as plausible and not suffering from perversity – Cited precedents emphasizing reluctance to overturn acquittal unless evidence overwhelmingly supports conviction [Paras 6-10, 13-14].

Decision – Appeal dismissed – Acquittal judgment affirmed – No interference warranted as trial court’s decision was found just, legal, and proper [Para 18].

Administrative Law – Policy Decision – Relocation of Railway Stalls – Petitioner, an allottee of a catering stall at Dadar Railway Station, challenges multiple orders directing the relocation of her stall – Petitioner argues non-application of mind, adverse impact on livelihood, and violation of hygienic conditions – Court upholds the railway administration’s policy decision for decongesting platforms and facilitating free passenger movement, finding no merit in the petitioner’s objections [Paras 1-20].

Relocation of Stall – Considerations and Judicial Review – Decision to relocate based on congestion and passenger flow issues at one of Mumbai’s busiest railway stations – Feasibility report suggesting relocation near an escalator was overruled by a broader policy decision affecting multiple stalls – Court finds no arbitrariness or discrimination in the decision, highlighting the need to prioritize public interest over individual business preferences [Paras 3-18].

Public Interest and Individual Rights – Relocation aimed at decongesting platforms to ensure passenger safety and convenience – Court emphasizes that individual business interests must yield to larger public interest – Petitioner's argument regarding unhygienic conditions near the new location dismissed, as multiple stalls would be situated between the urinal and the petitioner's stall, ensuring hygienic conditions are maintained [Paras 14-19].

Decision: Writ Petition dismissed – Court finds the railway administration's decision to relocate the stall within its policy-making prerogative, ensuring passenger convenience and safety at a busy station like Dadar – Petition devoid of merit and hence dismissed with no order as to costs [Paras 20].

Criminal Law – Investigation Inadequacies – Final report submitted by IO in a rape case involving a minor, rejected by the trial court – Court directs further investigation considering multiple discrepancies and lack of thoroughness in the initial investigation – Emphasizes the need for IO to explore alternative leads and gather comprehensive evidence before concluding the investigation [Paras 1-22].

Prosecution Case – Investigation Failures – Revisionist provided alibi with supporting statements and Call Detail Record (CDR) locations – Trial court found the investigation lacking, particularly in verifying alternate mobile numbers and thorough cross-examination of alibi witnesses – Court criticizes superficial acceptance of alibi without exhaustive verification [Paras 4-10].

Delayed FIR – Impact on Credibility – FIR lodged after seven months from the incident date due to alleged inaction by authorities – Court notes delay does not invalidate FIR but necessitates careful examination of all evidence due to potential bias and enmity between parties [Paras 18-19].

Decision – Revision Allowed – Order rejecting final report set aside – Matter remanded for further investigation with specific directions to explore additional evidentiary leads and ensure comprehensive inquiry – IO instructed to submit detailed follow-up report [Para 21-25].

Criminal Law – Bail – Applications for bail under Section 439 Cr.P.C. – Allegations of forgery and conspiracy involving false sale deeds – Accused persons include a former Computer Operator and an Advocate – No incriminating material recovered from accused’s possession – Charge-sheet filed, no requirement for further custodial interrogation – Bail granted with conditions [Paras 1-12].

Forgery and Conspiracy – Bail considerations – Accusations of replacing original sale deeds with forged ones in Sub-Registrar Office – Applicant Dal Chand Singh alleged to have bound false deeds in place of original – Applicant Kamal Virmani alleged to have drafted forged documents – Bail granted considering absence of substantial incriminating evidence and prolonged custody without trial [Paras 4-9].

Decision – Bail Applications Allowed – Applicants released on personal bond and two sureties – Conditions imposed include regular attendance at trial and no tampering with evidence – Court emphasizes the presumption of innocence and liberty under Article 21 of the Constitution [Para 10-13].

Master Circular on Wilful Defaulters – Interpretation and Application – Forensic Audit Report – Validity and Reliance – Writ petitions challenging the decision of the Willful Defaulter Identification Committee and the Review Committee (RC) of the Central Bank of India declaring the petitioners as willful defaulters. The main evidence relied upon by the First Committee was a Transaction Audit Report (TAR) prepared by M/s. Deloitte Touche Tohmatsu India, LLP. The TAR contained disclaimers regarding its conclusiveness, and its findings were not independently verified. NCLT and NCLAT had previously dismissed the reliance on the TAR in related insolvency proceedings. – Held that reliance solely on the TAR, which itself was inconclusive and discredited by judicial authorities, was improper and untenable. The Central Bank of India could not independently declare the petitioners as willful defaulters when the lead Bank, Punjab National Bank, had dropped the charges. – Decisions of both the First Committee and the RC set aside and quashed. [Paras 2-36]

Reliance on Forensic Audit Report – Inadequate Basis for Willful Defaulter Declaration – Analysis – Held – The sole reliance on the TAR by the First Committee and RC was unjustified. The TAR itself contained multiple disclaimers, stating that it was not conclusive, not independently verified, and not suitable for legal proceedings. The NCLT and NCLAT had rejected the TAR’s findings in related insolvency proceedings, making it untenable for the Central Bank to rely on it for declaring the petitioners as willful defaulters. [Paras 6-14, 15-18, 20, 22-24]

Procedural Irregularities – Natural Justice – Review Committee’s Decision – Held – The RC’s decision was grossly mechanical, clubbing twenty-one entities together without individualized reasoning, and was primarily based on the discredited TAR. The Supreme Court’s guidelines in State Bank of India vs. Jah Developers Private Limited were not followed, as no reasoned order was provided to the petitioners. – RC’s decision set aside for lack of adherence to due process and principles of natural justice. [Paras 31-34]

Decision – Quashing of Willful Defaulter Declaration – Court quashes the decisions of the Willful Defaulter Identification Committee and the Review Committee declaring the petitioners as willful defaulters. All consequential actions, including the uploading of the petitioners’ names as willful defaulters, to be reversed immediately. [Paras 35-36]