Criminal Law – Appeal against Acquittal – Section 378(4) Cr.P.C. – Injuries – Absence of X-ray Film – Medico-Legal Examination – Application for leave to appeal against acquittal – No x-ray film produced nor radiologist examined – Doctor’s opinion based on report without seeing x-ray film – Held, grievous injury not proved – Second injury only complaint of pain – No external injury found – No case for Section 326 IPC – Acquittal upheld – Application dismissed. [Para 15-16]

Evaluation of Medical Evidence – Analysis – Grievous injury claim requires x-ray film and radiologist’s testimony – Medico-legal report insufficient without x-ray proof – Contradictory statements of complainant witnesses – Delay of 9 months in filing complaint without explanation – Acquittal justified. [Para 13, 15-17]

Delay and Contradictions – Consideration – Inordinate delay of 9 months in filing complaint raises suspicion – No prior complaint to police – Contradictory witness statements regarding direction of demolished wall – Complainant failed to substantiate claims – Acquittal upheld. [Para 13, 16-17]

Decision – Application for Leave to Appeal Dismissed – No convincing evidence to overturn acquittal – Trial Court’s judgment of acquittal upheld – Application for leave to appeal dismissed. [Para 17-18]

Constitutional Law – Natural Justice – Supply of Enquiry Report – The failure to supply the delinquent employee with the enquiry report before proposing punishment leads to procedural injustice – The supply of the report is not a mere formality but a requirement of natural justice to enable the employee to defend himself effectively – Denial of the report violates Articles 14, 21, and 311(2) of the Constitution. Tribunal rightly corrected the procedural defect by allowing proceedings to continue from the stage of the enquiry report.

Disciplinary Proceedings – CBSE Byelaws – The disciplinary authority failed to furnish the enquiry report before concluding the penalty – The Tribunal's decision to restart proceedings from the correct stage does not cause prejudice to the petitioner – The petitioner’s claim that CBSE Byelaws do not mandate the supply of the enquiry report is rejected as principles of natural justice are inherent and implied, even if the byelaws are silent.

Judicial Review – Certiorari – The court emphasized that procedural safeguards are necessary to ensure fairness in disciplinary actions – The Tribunal's decision to restart proceedings from the stage of supplying the enquiry report was upheld – Petition dismissed.

Decision:

Writ petition dismissed. The Educational Tribunal's order to supply the enquiry report and restart proceedings from that stage is upheld.

Service Law - Promotion of petitioner to the post of Hindi Master - Interpretation of circular and cut-off dates - Denial of promotion found to be wrongful and unjustified - Writ petition allowed - Directions to consider petitioner's case for promotion on the post of Hindi Master in accordance with Punjab State Education Class III (School Cadre) Service Rules 1978 - Petitioner ranked at seniority no. 264, while lower-ranked individuals were granted promotion - Petitioner appointed as ETT teacher on 07.12.2001 - Circular stipulated cut-off date for eligibility and examination of educational qualification - Petitioner possessed requisite educational qualification at the time of consideration - Erroneous interpretation of circular led to the petitioner's exclusion from promotion - Court orders respondents to consider petitioner's case for promotion and grant consequential benefits - Petitioner's salary to be revised from the date his juniors were promoted - Arrears to be paid within three months.

Appeal under Section 38 of the Delhi Rent Control Act, 1958 - Challenge to eviction order - Non-consideration of relevant lease agreement clauses and statutory provisions - Non-fulfillment of requirements for sub-tenancy - Lack of written consent and notice - Sub-tenants' lack of locus standi to challenge eviction decree. (Para 23, 28)

Sub-tenancy - Privity of contract and estate with the principal tenant - No direct relationship with the landlord - Protection under the Delhi Rent Control Act not applicable - Supreme Court precedent. (Para 15, 30)

Written consent and notice - Clause 4 of the lease agreement - Requirements for creation of sub-tenancy - Compliance with Sections 17 and 18 of the Delhi Rent Control Act - Lack of evidence in support. (Para 25, 32)

Appeal under Section 38 - Questions of law - Non-consideration of relevant clauses and provisions - Legal infirmity - Fall within the purview of questions of law to be decided. (Para 27, 33)

Petition dismissed - Lack of merit - No costs awarded. (Para 34)

Appointment of Legal Consultant - Eligibility for Judicial Service - Interpretation of Rule 49 of the Bar Council of India Rules - Functionality Test - Nature of services performed by the legal consultant - Engagement on a contractual basis - Engagement to conduct court cases and appear in courts on behalf of the Central Government - Department of Legal Affairs issuing circular for engagement of legal consultants - Terms of engagement excluding government benefits and any claim to a government post - Retainer paid accounted for as expenditure for professional services - Affidavit filed by legal consultant affirming duties performed - Petitioner challenging the engagement - Examination by the committee of the Delhi High Court - Consideration of court decisions on similar cases - Supreme Court's observation on the functionality test - Application of the test to the legal consultant's engagement - Compliance with Rule 49 of the Bar Council of India Rules - Engagement not constituting full-time employment - Upholding the decision of the committee of the Delhi High Court - Rejection of petitioner's challenge - Unsustainability of additional marks awarded in certain papers of the examination - Redrawing of select list of candidates directed. (Para No. 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111.)

Testimony of the victim recorded during trial found to be unbelievable/improbable - lack of credibility - manifest illegality - conviction cannot be based solely on uncorroborated testimony - appellant accused of extending threat and committing sexual intercourse without consent. (Para 29)

Small piece of testimony regarding threat and sexual intercourse without consent cannot be relied upon without corroborative evidence - prosecution story found to be false by trial court - enmity between families - lack of supporting witnesses - conviction requires clinching corroborative evidence. (Para 30)

Supreme Court judgment - once prosecution version found to be unbelievable/improbable, accused cannot be convicted solely based on victim's small piece of evidence - need for corroboration. (Para 31)

Testimony of prosecutrix during trial contradicted by medical evidence - no signs of rape or violence found - inconsistencies in her version of events - previous enmity between parties - lack of supporting witnesses - lack of corroboration. (Para 31)

Sole testimony of prosecutrix insufficient for conviction - evidence must be reliable and trustworthy - reliance on testimonial evidence requires corroboration - material contradictions, lack of supporting evidence, enmity/dispute between parties - prosecution fails to prove charges beyond reasonable doubt - acquittal. (Para 35)

CRIMINAL REVISION - Defense struck off by trial court - Opportunity sought for filing written statement - Non-availability of complete records as reason for delay - Request for one more chance and payment of costs - Reliance on previous order granting opportunity in similar circumstances - Respondent's objection to further opportunity due to petitioner's casual approach - Court's emphasis on importance of pleadings for just adjudication - Setting aside of impugned order - Granting one more opportunity to file written statement - Payment of costs directed - Petition disposed of. (Para 1-8)

Maintenance dispute - Sons seeking to quash orders directing monthly maintenance to their aged mother - Writ petition filed under Articles 226 and 227 of the Constitution of India - Sons arguing that they should not be worse off in their own appeal - Claiming lack of means to pay maintenance amount - Petitioners asserting mother should join their home - Alleging lack of bona fide in mother's claim for maintenance. (Para 1-2)

Court's decision - Declining intervention in the matter - Applicability of general proposition in socio-welfare legislations - Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Authorities as stakeholders in effectuating legislative intent - Dismissing argument of lack of means to pay maintenance - Sons' duty to care for parents emphasized by law, religion, and custom - Concern over increasing neglect of aging parents. (Para 3-4)

Rejection of claim of lack of means to pay - Suppression of rental income by petitioners - Conduct disentitling them to relief - Unsustainability and undesirability of directing mother to join petitioners' home - No law allowing forceful residence of unwilling parents - Incongruity with Indian culture and tradition. (Para 4-5)

Lack of evidence supporting allegations of manipulation by daughters - Appreciation for daughters' care of abandoned mother - Rejection of argument that maintenance amount is excessive - Acknowledgment of rising cost of living - Reluctance to revise amount without mother's request. (Para 6-7)

Service Law - Delhi Police Constable's dismissal for unauthorized absence - Tribunal dismissing Original Application (OA) for lack of merits - Review application filed - Tribunal recalling previous order and relisting OA for re-hearing - Petitioner challenging findings of Enquiry Officer, Disciplinary Authority (DA), and Appellate Authority (AA) - Charges include transfer, false complaint, failure to report to duty, submission of medical papers, and unauthorized absence - Enquiry Officer's report supporting charges - DA's order of dismissal affirmed by AA - Petitioner's arguments of lack of reasons in inquiry report, prior permission for medical leave, transfer order challenge, and absence charge deemed unconvincing - Reliance on Supreme Court judgments - Absence from duty in disciplined force considered grave misconduct - Habitual unauthorized absence viewed as grave misconduct - Upholding punishment of discharge in absence of proper medical proof - Tribunal's rejection of OA and subsequent orders upheld as justified - Petitioner's arguments dismissed as devoid of merit.(Para No. 41, 42, 43, 46- 61)