Service Law - Termination of Contractual Employees – Participation in Protest – Order Quashed - Petitioners were disengaged from Class-IV contractual posts for alleged participation in protest without permission – Court held that the discharge orders lacked due process, including opportunity of hearing or show cause – Termination held unsustainable [Paras 1–6, 14–16].

Office Memorandum – Declared Ultra Vires – Cannot Be Basis of Termination - Termination orders were based on Finance Department O.M. dated 23.06.2012 which provided for “automatic termination” after 15 days' absence – Court reaffirmed earlier Division Bench ruling in Ramesh Sahoo v. State of Odisha holding the O.M. unconstitutional – Use of quashed O.M. renders termination illegal [Paras 7–8, 16–17].

Equal Treatment – Reinstatement of Similarly Situated Persons – Discriminatory Action Set Aside - Court found that other employees with identical allegations were reinstated and regularized, but petitioners were arbitrarily excluded – Held: Discriminatory treatment violates Articles 14 and 16 – Petitioners entitled to reinstatement [Paras 18–21].

Remedy – Reinstatement with Compensation – Continuity Without Back Wages - Court ordered reinstatement of petitioners on contractual basis with continuity for service benefits – No back wages granted, but lump sum compensation of ₹50,000 each awarded due to arbitrary exclusion and prolonged delay [Paras 21–22].

Final Decision – Termination and Rejection Orders Quashed – Writ Allowed - Impugned disengagement and rejection orders dated 13.09.2012 and 16.08.2024 quashed – Petition allowed with directions for reinstatement and compensation [Paras 21–23].

Hindu Law – Coparcenary Rights – Birthright in Ancestral Property – Partition Decree Upheld – 1st defendant alienated part of the suit property claiming it was self-acquired – Courts found that the property was purchased from ancestral nucleus – 2nd plaintiff (son) had a birthright as coparcener in his father’s share – Sale to 3rd defendant (aunt) could not affect son’s share – Held: Alienation not binding to the extent of son’s undivided share – Partition decree affirmed [Paras 16-21]. 
 
Burden of Proof – Failure to Establish Self-Acquired Status – Adverse Inference Drawn – 1st defendant failed to testify and substantiate claim of purchasing property from self-earnings – Held: In absence of evidence and given family’s agricultural income, courts rightly inferred acquisition through ancestral funds – Adverse presumption applied under Vidhyadhar v. Manikrao, AIR 1999 SC 1441 [Paras 16-17]. 
 
Presumption of Joint Family Property – Admissions and Agricultural Income – Confirmed – Defendant’s admission of joint cultivation and absence of independent income supported plaintiffs’ claim of ancestral source – Presumption applied under established principles where family nucleus and source of funds were admitted [Paras 17-18]. 
 
Effect of Birth on Property – Section 6 of Hindu Succession Act – Applicable – The son’s birth prior to alienation revived the coparcenary and entitled him to a half share in his father’s portion – Held: Father could only alienate his own share and not the son’s – Alienation to 3rd defendant partly invalid [Paras 2021]. 
 
Decision – Second Appeal Dismissed – Concurrent findings upheld – No substantial question of law made out – Each party to bear their own costs [Para 22]. 
 

Civil Law - Lease vs License – Determination of Nature of Document – Lease Deed Upheld – The appellant contended that the 1945 document (Exhibit P/35) was a license and not a lease – Court applied the intent test laid down in Delta International Ltd. v. Shyam Sundar Ganeriwalla, (1999) 4 SCC 545 and held that the document conveyed possessory rights and interest with exclusive enjoyment and conditions – Held: It constituted a lease, not a mere license [Paras 14–15].

Acquisition of Bhumiswami Rights – Long Possession – Statutory Conversion – Title Established - Based on successive tenurial enactments, the Court held that Heeralal (predecessor of plaintiffs) lawfully became a Pakka tenant and then Bhumiswami under M.P. Land Revenue Code, 1959 – Held: Plaintiffs inherited valid title and possession as Bhumiswamis of suit lands [Paras 16–18].

Invalidity of Sale by Non-owner – Lack of Title in Seller – Plaintiffs Protected – Defendant No.1 (Shantilal) was not the Bhumiswami and had no authority to execute the 1989 sale deed in favour of appellant (Defendant No.2, Ghisalal) – The transaction was without legal effect – Mere agreement (Exh D/1) not sufficient to transfer title – No delivery of possession proved – Sale void ab initio [Paras 19–20].

Appeal Dismissed – Findings of Lower Appellate Court Affirmed – The trial court had wrongly held the document as a license and dismissed plaintiffs’ suit – Lower appellate court rightly reversed and decreed plaintiffs’ claim – Second appeals found devoid of merit and dismissed [Paras 7, 20].
 

Civil Law - Recovery Suit – Unauthorized Encashment of Cheque – Liability of Issuer – Upheld – L&T officials handed over cheque to third party (Seshaiah) who was not authorized by the plaintiff to receive payments – The cheque was encashed through fraudulent account created in plaintiff’s firm name – Held: No agency or partnership between plaintiff and said third party was established – L&T’s liability to plaintiff subsisted as payment was not validly discharged – Trial court decree affirmed [Paras 3-16].

Agency – No Implied or Express Authorization – Burden on Defendant – Defendant’s claim that cheque recipient acted as agent of plaintiff unsupported by evidence – No written authorization or proof of course of dealing presented – Plaintiff consistently operated through his own bank account – Held: Cheque handed to an unauthorized third party cannot discharge debt to plaintiff [Paras 12-15].

Banking Evidence – Proof of Fraudulent Account Creation – Weight Given to Testimony of Bank Manager – Evidence showed that cheque was encashed in newly opened account by third party on the same day and closed within the month – Held: Clear act of deception and misuse – Validated plaintiff’s claim and criminal prosecution against third party [Para 15].

Due Diligence – L&T Officials Failed to Verify Authorization – Faulty Payment Process – The appellants failed to exercise caution and verify whether Seshaiah was authorized by the plaintiff – Held: Negligence in financial transactions does not absolve liability – Payment to unauthorized party not a valid discharge [Paras 16-17].

Appeal – Abatement Against Deceased Respondent – No Substitution of Legal Representatives – Appeal abated as against third defendant due to failure to implead legal heirs – Relief confined to appellant’s liability to plaintiff – No modification possible regarding exonerated co-defendant [Para 18].

Decision – Appeal Dismissed – Trial Court Decree Affirmed – Appellants liable to pay Rs. 8,54,726 with interest – No interference warranted – No order as to costs [Para 19].

Criminal Law - Quashing - Trademark Infringement – Criminal Complaint Post-Termination of Agreement – Allegation of Counterfeit Product Supply – Cognizable Offences Made Out –

Petitioners challenged issuance of process in a criminal complaint alleging use of complainant’s trademark ‘Hydris’ post termination of distributorship in 2013 – Alleged supply of counterfeit hydrogen sensors to public sector entities – Court held that prima facie offences under Sections 420, 406, 471, and 415 IPC were made out – Use of counterfeit mark and deceitful supply of products constituted cheating as per illustration (b) to Section 415 IPC [Paras 1-5, 24-26].

Civil vs Criminal Dispute – Pendency of Civil Suit No Bar to Criminal Proceedings – Petitioner contended that dispute was civil in nature as civil suit had already been filed – Court held that pendency of civil proceedings is not a ground to quash criminal prosecution if allegations prima facie disclose commission of cognizable offence – Allegations of fraudulent use of mark and economic gain by deception justified continuation of criminal process [Paras 9-10, 2527].

Process Issuance – Application of Mind by Magistrate – Section 202 Inquiry Conducted – Validity Upheld – It was contended that Magistrate mechanically issued process under Section 204 CrPC – Court found that an inquiry under Section 202 was duly conducted through Noapara Police Station – Magistrate applied judicial mind on report before issuing process – No interference warranted [Paras 7, 30].

Director Liability – Specific Allegations Present – Vicarious Liability Not Attracted – Petitioners argued that no specific role was attributed to directors (Petitioners 2 and 3) – Court noted that complaint specifically alleged their role in the manufacture and supply of counterfeit products – No case of mere vicarious liability made out – Hence, no ground to quash proceedings against individual directors [Paras 11, 20].

Quashing Jurisdiction – Section 482 CrPC – No Abuse of Process – Documents Filed by Defence Cannot Be Considered at Pre-trial Stage – Petitioners relied on various documents to claim innocence – Court reiterated that such documents, not forming part of complaint or police report, cannot be relied upon to quash proceedings at pre-trial stage – Allegations in complaint disclose offences and must be tested during trial [Paras 28-29].

Decision – Petition Dismissed – Court Refused to Quash Proceedings – Found no contradiction between civil and criminal pleadings – Directed trial court to expedite proceedings in complaint case no. 743 of 2021 [Paras 31-33].

Criminal Law - Rape and Abduction – Appeal Against Conviction - Credibility of Victim – Conviction Upheld – The appellant was convicted under Sections 342, 366, and 376(1) IPC for unlawfully restraining, abducting, and raping an 18-year-old – The High Court found the victim’s testimony cogent, consistent, and supported by medical evidence and corroborative testimony – Delay in FIR filing was reasonably explained and held not fatal – Minor inconsistencies in the victim’s testimony did not affect overall credibility – Conviction and sentence upheld [Paras 2, 4–8].
Use of Section 161/164 CrPC Statements – Contradiction Procedures – Defence Argument Rejected – The Court emphasized that Section 161 and 164 CrPC statements are not substantive evidence unless properly confronted during cross-examination under Section 145 Evidence Act – Defence failed to comply with these procedural requirements – Hence, no valid contradiction established [Paras 5, 7(i)–(viii)].
Enhancement of Sentence – Section 376(2)(b) and (c) IPC – Government Servant Claim Unsubstantiated – Appeal Dismissed – State’s claim that the accused was a government servant and should be convicted under Section 376(2)(b)/(c) IPC rejected – No documentary evidence, ID, or official record produced to establish his employment – Custody element under Section 376(2)(b) not satisfied – Belated attempt to alter charges held impermissible – Appeal for enhancement dismissed [Paras 3, 9–13].
 

Civil Law - Procedure – Order XVIII Rule 1 CPC – Right to Begin – Plaintiff Entitled to Lead Evidence – Deviation Not Justified – The appellant challenged the direction of the learned Single Judge requiring him (defendant) to lead evidence first in a partition suit – The High Court held that as per Order XVIII Rule 1 CPC, it is the plaintiff who has the right to begin unless the defendant admits all material facts and raises only legal defences or additional facts – No such admission was made by the appellant – Held: The impugned order directing the defendant to begin was contrary to procedural law and thus set aside [Paras 15-23]. 
 
Burden of Proof – Direction to Defendant to Lead Evidence – Improper Allocation – No Admission by Defendant – The trial court placed initial burden on defendant based on disputed documents allegedly in his exclusive knowledge – The appellate court held that absence of admissions by the defendant made it incorrect to call him first to lead evidence – The responsibility lies with the plaintiffs to prove their case in the first instance [Paras 16-18, 21-22]. 
 
Decision – Appeal Allowed – Impugned Order Set Aside – The direction requiring the appellant to lead evidence first was quashed – The respondents/plaintiffs were directed to lead their evidence in accordance with law [Para 23]. 
 

Criminal Law – Quashing - Disproportionate Assets – Mere Relationship with Principal Accused – No Abetment Made Out – Proceedings Quashed - Petitioner, wife of the principal accused, was arrayed as abettor under Section 109 IPC based on ownership of some assets – Court held that mere spousal relationship or name-lending without evidence of active role or mens rea is not sufficient for abetment – No prima facie case made out [Paras 20–26, 31–32].

Speedy Trial – Delay of Over Two Decades – Article 21 Violation – Proceedings Quashed - Criminal case initiated in 2004 remained pending with no charge framed or trial initiated for over 20 years – Court held that continued prosecution violated petitioner’s right to speedy trial under Article 21 – Quashing necessary to prevent abuse of process [Paras 20, 22–24, 28, 30].

Vigilance Practice – Mechanical Implication of Spouses – Strongly Criticized - Court observed that spouses, often housewives, are routinely added as co-accused in DA cases without inquiry into their role or mens rea – Reiterated that such practice is arbitrary and contrary to criminal justice principles [Paras 25–27, 31].

Judicial Precedent – Smt. E. Swarnalata Case Followed – Quashing Warranted - Citing coordinate Bench decision in Smt. E. Swarnalata v. State of Odisha (Vigilance), 2024 (I) ILR-CUT-1465, Court reiterated that ownership of assets alone by a spouse does not establish abetment – Ratio applied squarely to petitioner’s case [Paras 25–26].

Final Decision – CRLMC Allowed – Proceedings Quashed Against Petitioner - Criminal proceeding in Vigilance PS Case No. 20/2004, T.R. No. 83/2007 quashed with respect to petitioner – Court directed expeditious trial against remaining accused [Paras 32–33].
 

Criminal Law - Public Way – Unlawful Construction – Section 133 CrPC – Order for Removal Upheld - Petitioners challenged orders directing demolition of a wall built on public land used as a pathway – Held: Wall obstructed traditional public way; even partial obstruction warrants removal under Section 133 CrPC – Construction found unjustified and detrimental to public use [Paras 6–11, 17].

Presumption of Future Obstruction – Not Sole Basis – Existing Encroachment Confirmed - Petitioners argued that action was based on future apprehension – Court held evidence on record confirmed actual obstruction and misuse of public land, not just presumption [Paras 3, 11].

Right to Pathway – Community Use Prevails Over Individual Claims - Based on field reports and witness testimony, Court held that path was used by villagers and obstructed by the wall – Reiterated duty to preserve Gram Sabha land for communal purposes [Paras 6–10, 14].

Gram Sabha Land – Encroachment Not to Be Regularized – Directions from Supreme Court Cited - Court followed precedent in Jagpal Singh v. State of Punjab, AIR 2011 SC 1123 – Held: Public land cannot be regularized if encroached, even if construction exists – Public interest and village usage must be preserved [Paras 14–15].

Maintainability of Orders – Proper Procedure Followed – No Illegality Found - Both the SDM and Revisional Court orders held valid – Findings based on evidence, field inquiry, and due procedure under Section 133 and related CrPC provisions – Writ petitions dismissed [Paras 12–13, 17–18].