Parental Custody and Passport Impoundment Dispute – Mother, Dr. Agnidipa Das, filed WPA No. 7360 of 2024 against the impoundment of her daughter’s passport, which was accused of being obtained by suppression of material information – Father, Ranajoy Dutta, filed WPA No. 8033 of 2024 seeking documents from the Passport Authority and penal measures against the mother under the Passports Act, 1967 [Paras 1-12, 13-22].

Violation of Natural Justice – Allegations by the mother that the Passport Authority flouted earlier court directions by not providing her a hearing after the father’s hearing, leading to the impoundment of the passport without her adequate representation – Court recognized this as a violation of natural justice [Paras 13-16].

Material Suppression Not Established – Court found no material suppression by the mother as the father was aware of the passport issuance and previously showed tacit consent, undermining his later objection and claim of material suppression [Paras 36-41, 43].

Legal Implications of False Information – Court held that mere non-disclosure of a co-parent’s consent does not constitute ‘material’ information necessary for the passport’s cancellation under Section 10(3)(b) of the Passports Act, 1967 [Paras 17, 42].

Judgment – WPA No. 7360 of 2024 allowed, impugned order impounding passport set aside; WPA No. 8033 of 2024 dismissed – The court underscored that the actions taken must not be arbitrary or violate legal principles like Audi Alteram Partem [Paras 50-52].

Child Custody and Passport Issue – Mother, Dr. Agnidipa Das, appeals against impounding of her daughter’s passport - Father, Ranajoy Dutta, alleges suppression of material facts by mother in obtaining passport - Both parents involved in legal disputes over custody and passport issues for their daughter - Contention revolves around materiality and suppression of information in the context of passport issuance under Section 10(3)(b) of the Passports Act, 1967 - Justice Sabyasachi Bhattacharyya finds that the consent of the non-custodial parent was not material for the grant of passport - Impounding of passport held as not justified, as the information alleged to have been suppressed was not material - Court sets aside order impounding the passport and dismisses father’s petition seeking further legal measures against the mother [Paras 36-43, 47-52].

Suit for Declaration and Injunction – Plaintiff seeks declaration that share transfer to defendant under a Letter Agreement dated 03.12.2018 is void due to non-payment and to restrain defendant from rights over said shares – Agreement was for 1611 equity shares at ₹5,500 per share, wrongfully recorded as ₹31,516 per share in the agreement – Defendant recorded as owner in company’s register despite non-payment – Interim injunction sought to prevent defendant from alienating shares or exercising ownership rights. [Para 1]

Facts and Agreement Details – Plaintiff, a founder of a company that created BharatPe, transferred shares to defendant under pressure to clear way for U.S. investment due to past legal issues in the USA – Transfer was meant to be temporary with a call option for repurchase by plaintiff – Defendant has not paid for the shares, leading to the plaintiff declaring the agreement and share transfer form void and seeking legal reassertion of ownership. [Para 2, 5]

Defendant’s Response and Court’s Analysis – Defendant claims payment was made through alternative means like usage of property and cash, not directly traceable to the share purchase – Court finds prima facie case that the sale consideration was not paid, hence property in shares did not pass to defendant, leading to interim injunction granted against defendant preventing any transfer or creation of rights in the disputed shares until the disposal of the suit. [Para 3, 24, 28]

Decision – Interim Injunction Granted – Court finds prima facie case that share ownership did not pass to defendant No. 1 due to non-payment. Injunction issued against defendant No. 1 to prevent any transfer or creation of third-party rights in the disputed shares pending final resolution. [Paras 29-30]

Detention Order and Background – Petitioner, previously involved in three cases under the NDPS Act and various IPC matters, challenges the legality of his detention order – background includes previous acquittal and ongoing trials where the petitioner is either bailed or acquitted [Paras 3-7].

Authority’s Justification – Detaining authority’s order emphasized ongoing and planned illicit activities by the petitioner, deemed a continuous threat to national health and security; basis of detention scrutinized [Paras 8, 24].

Legal Challenge – Primary contention is the improper use of detention despite existing custody without adequate justification of future conduct or risk upon release; issues of past case acquittals and misuse of authority also argued [Paras 11, 27-28].

Court’s Analysis and Conclusion – High Court finds detention order unjustified given the petitioner’s existing custody and lack of concrete evidence or reasoning for imminent release and re-engagement in illicit activities; detention order and confirmation order quashed [Paras 22-30].

Tender Process and Disqualification - Akash Construction appeals against orders qualifying S.B. Construction and Stone Concern Infrastructure as tenderers for road work - Electronic Notice Inviting Tender No. 12/2023-2024 for road widening and strengthening was contested due to technical disqualifications which were later overturned - Authorities initially disqualified the respondents at the technical bid stage, which was challenged and set aside by a Single Judge directing that they be treated as technically qualified - Appeal challenges the Single Judge's order for procedural irregularities and misinterpretation of eligibility criteria [Paras 1-7, 22-26].

Judicial Review in Tender Processes - Citing Supreme Court precedents, appellant argues for limited judicial interference in tender decisions unless marked by arbitrariness or illegality - Stresses that the authority floating the tender is the best judge of its requirements and that the Single Judge improperly substituted the authority's interpretation of technical qualifications - Appeals contend the respondents did not meet specific experience criteria for ICBP work as per tender requirements, critical to the project's scope [Paras 9-10, 27-38].

Decision - Court allows appeals, setting aside the Single Judge’s rulings that qualified the respondents as technically eligible - Upholds the original disqualification by tender authorities, emphasizing adherence to stipulated technical criteria without undue judicial alteration of tender processes - Judicial review found to be overreaching in substituting administrative expertise and tender interpretation [Para 38].

Criminal Law - Grant of Anticipatory Bail - Petitioners, chartered accountants, implicated in case FIR No.RC0052020A0011 under IPC and initially under the Prevention of Corruption Act, accused of misclassifying 'Sundry Creditors' as 'Unsecured Creditors' in company balance sheets - No direct evidence linking petitioners to intentional fraud - Cooperation with investigation noted, no custodial interrogation required - Held, petitioners entitled to anticipatory bail under established Supreme Court precedents [Paras 1-21].

Role of Accused - Analysis of petitioners’ involvement suggests reliance on third-party data for audit reports - Accusations based on changes made by another accused under instructions, without petitioners’ direct involvement in fraud - Held, insufficient grounds for custodial detention at this stage [Paras 2-5, 12-13].

Legal Principles on Bail - Consideration of nature of accusations, roles of accused, cooperation with investigation, lack of prior criminal history, and reliance on documentary evidence rather than conduct - Relevance of Supreme Court guidelines on anticipatory bail discussed [Paras 15-19].

Decision - Anticipatory bail granted to petitioners with conditions, including bond of ₹50 lacs each and surrender of passports - Emphasis on petitioners' non-arrest during investigation, full cooperation, and case based largely on documentary evidence [Para 21].

Land Acquisition – Discrimination in land release – Petition against the High Powered Committee’s order and acquisition notifications – High Court dismisses petition finding no merit and no discrimination in the treatment of the petitioner compared to other similarly situated entities – Noted that development activities in the periphery of Chandigarh are restricted to the government or its agencies per policy – Petitioner’s request for release of land not considered compelling enough to warrant deviation from existing policies – Acquisition aimed at planned development overriding private development plans of the petitioner [Paras 1-48].

Application of Land Acquisition Act, 1894 – The acquisition notifications under Sections 4 and 6 held valid – Discussion on the legitimacy of the acquisition process and the petitioner’s failed attempts to obtain licenses for development – Judicial findings emphasize the state’s priority in public development over private expectations [Paras 2-48].

Rights and Expectations – Legitimate expectation and discrimination claims rejected – The court holds that the petitioner’s expectations for a license or release of land do not override the clear public interest and policy considerations that favor state-controlled development [Paras 11-17].

Judicial Review – The court upholds the policy decisions that restrict development in the periphery of Chandigarh to government agencies – Legitimate expectation not found reasonable when weighed against public interest and policy restrictions [Paras 13-27].

Bail Appeal – Section 14(A)(2) SC/ST (POA) Act – Appellants, accused of abusing the defacto complainant using caste name and criminal intimidation, sought bail after being in custody for over 28 days – Special Court's order denying bail set aside – Court considered absence of previous criminal antecedents and lack of communal tension as reasons for granting bail [Paras 1-10].

Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act – Abuse and Intimidation – Appellants accused under Sections 294(b), 506(i) IPC, and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act for abusing defacto complainant while he performed cleaning work – Defacto complainant’s complaint led to appellants' arrest – Bail granted considering time in custody and absence of prior incidents [Paras 2-4].

Conditions for Bail – Appellants to execute bond and provide sureties – Conditions included daily appearance before police, prohibition on tampering with evidence or witnesses, cooperation with trial court proceedings – Breach of conditions to result in legal consequences [Paras 8-10].

Decision:

The Criminal Appeal is allowed, setting aside the Special Court's order. The appellants are granted bail on executing a bond of Rs. 25,000 each with two sureties, and must comply with specified conditions to ensure their cooperation with judicial proceedings.

Family Law – Divorce – Grounds of Cruelty and Desertion – Cruelty – Allegation of False Dowry Complaint: The husband (Appellant) claimed that the wife (Respondent) lodged a false dowry complaint against him, constituting cruelty. However, the court noted that no evidence, such as a copy of the complaint, was provided to substantiate this allegation. Moreover, the wife’s complaint to the All Women Police Station was aimed at reconciliation and living together. Held, the filing of the complaint did not amount to cruelty. [Paras 13-14]

Desertion – Lack of Proof: The husband alleged that the wife deserted him by refusing to live with him and insisting on a separate living arrangement. The court found no sufficient evidence to support these claims. It was noted that the wife made several attempts to reconcile and live with the husband, which he refused. Held, the husband failed to establish ‘animus deserendi’ (intention to desert) on the part of the wife. [Paras 15-16]

Decision: The appeal is dismissed. The court upheld the Trial Court’s decision that the husband failed to prove cruelty or desertion by the wife. The original petition for divorce was rightfully dismissed. [Paras 16-17]