Labour Law – Dismissal of Employee – Procedural Irregularities in Labour Court Proceedings – Appellant challenges Labour Court’s award reinstating dismissed employee without providing an opportunity to the employer to present evidence – Labour Court found dismissal of respondent (a sweeper) for repeated unauthorized absences from work was in violation of principles of natural justice – Appeal emphasizes that Labour Court should have allowed the corporation to prove charges due to defective inquiry [Para 4, 7]

Procedural Fairness –  Evaluation of dismissal process under Gujarat Provincial Municipal Corporation Act, 1949 – Employer’s right to defend without full inquiry based on workman’s admission of misconduct – Appellant’s contention of error by Labour Court in not allowing evidence to justify dismissal, citing Apex Court precedents on defective or absent inquiries equating [Paras 4-4.4].

Judicial Review – Analysis of proportionality of penalty and history of misconduct – Importance of adhering to natural justice in disciplinary actions – High Court found jurisdictional error in not permitting employer to lead evidence at Labour Court – Remand to Labour Court to allow fresh evidence [Paras 6-7.3].

Decision – Remand and Reinstatement – Orders of Single Judge and Labour Court set aside, matter remanded to Labour Court to allow evidence from employer – Appeals allowed, directing expeditious handling by Labour Court within six months – Civil Application Nos. 1 of 2024 related to stay disposed as main appeals allowed [Paras 8-10].

Domestic Violence and Maintenance – The High Court, reviewing lower court decisions that denied maintenance to a qualified but unemployed wife under the Protection of Women from Domestic Violence Act, 2005, held that educational qualification alone does not disqualify a spouse from claiming maintenance if they lack independent income - The court emphasized that the wife’s capability to earn should not undermine her entitlement to maintenance, which depends on the husband's obligation and the wife's current employment status – Maintenance granted. [Paras 6-10]

Compensation for Domestic Violence – Adjustment of compensation for pain and suffering from domestic violence – The High Court found no adequate reason in the lower court's reduction of compensation from Rs. 20,00,000 to Rs. 15,00,000 and restored the original amount, recognizing the impact of domestic violence on the wife’s mental health and marital expectations – Compensation restored to Rs. 20,00,000. [Para 11]

Legal Assessment and Procedural Fairness – The High Court criticized the procedural lapses in the lower courts, including failure to provide adequate reasoning for decisions, and remanded the matter for a fresh determination with instructions to avoid undue adjournments and consider the merits independently of the High Court’s observations. [Paras 12-18]

Criminal Law – Voluntarily causing hurt by dangerous weapons or means – Appeal against acquittal in a case initiated from an FIR lodged for assault with a blunt object, resulting in injury – Trial court acquitted accused, noting lack of sufficient evidence and failure to prove crucial medical documents – High Court reviewed, confirming no need to interfere with trial court’s decision due to adherence to legal standards and insufficient evidence – Appeal dismissed – [Paras 1-34].

Evidence Assessment – High Court noted only two witnesses testified, and essential medical evidence (photocopy of medical certificate) not properly authenticated and proved during trial – No material witnesses besides complainant and investigating officer – Remaining potential witnesses not summoned effectively, impacting depth of prosecution’s case – [Paras 8-14, 16-17, 27-28].

Procedure – Trial court criticized for not exhausting all processes to ensure presence of crucial witnesses but found justifiable in closing evidence due to repeated absence and non-availability of key witnesses – High Court upholds trial court’s decision on procedural grounds – [Paras 14-17, 24-25].

Judicial Reasoning – High Court affirms trial court’s judgment, holding that reasoned judgment by trial court aligned with principles of criminal justice concerning evidentiary standards and witness examination – References made to precedence for handling cases where prosecution fails to present all material witnesses – [Paras 27, 29].

Criminal Law – Conviction under Sections 304 (Part II) and 328 IPC – Appeal against conviction by the Additional Sessions Judge, Malda – Appellant convicted for causing death by administering poisoned alcoholic drink and causing grievous harm with knowledge – High Court modified sentence but upheld conviction – Evidence from medical reports and witness testimonies confirmed poisoning leading to death and serious illness [Paras 1, 5, 20, 27-32].

Evidence Evaluation – High Court examined multiple witness accounts and medical evidence to ascertain the cause of death and the circumstances of poisoning – Several witnesses testified to having consumed poisoned ‘Tari’ at appellant’s residence, corroborated by medical evidence of poisoning and subsequent death and illness [Paras 6-19].

Legal Precedents and Application – Relied on Supreme Court judgments concerning murder by poisoning, establishing lack of direct motive but knowledge of harmful consequences suffices for conviction under IPC sections dealing with unintentional murder and administering poisonous substances [Paras 23-26].

Decision – Modified Sentence – High Court found trial court’s decision on conviction correct but reduced the substantive sentences for both offences to 5 years, maintaining that both sentences run concurrently, thus modifying the severity but not the fact of the conviction [Paras 29-31].

Criminal Law – Appeal against conviction – Conviction for involuntary manslaughter (304 Part II IPC) and causing hurt by means of poison (328 IPC) after administering poisoned ‘Tari’ (local alcohol), resulting in one death and multiple hospitalizations – Challenge based on lack of direct evidence of motive and possession of poison – High Court modifies the sentence but upholds conviction based on indirect evidence of knowledge of the harmful nature of the substance administered – Sentences reduced to five years each for both counts, to run concurrently. [Paras 1-32]

Evidence Assessment – Multiple eyewitness accounts (PW2, PW3, PW8) corroborate consumption of poisoned ‘Tari’ at appellant’s residence – Medical evidence (PW6, PW9, PW14) confirms death and injuries due to poisoning – Conviction based on doctrine of transferred malice and administering of a harmful substance with knowledge of its potential for grievous harm [Paras 6-18, 24]

Legal Precedent – Reference to Sharad Birdhichand Sarda v. State of Maharashtra, (1984) 4 SCC 116 regarding the need to establish motive, possession of poison, cause of death by the poison, and opportunity to administer poison – High Court finds sufficient indirect evidence to establish the necessary linkage despite the absence of direct evidence on motive and possession [Paras 23, 26]

Decision – High Court modifies the trial court’s sentencing, reducing imprisonment terms but upholding conviction under IPC Sections 304 Part II and 328 due to the harmful knowledge attributed to the appellant – Directed to surrender within 30 days to serve the modified sentence. [Paras 29-35]

Property Law – Usufructuary Mortgage – Right of Redemption – Regular second appeal challenging lower courts' decrees affirming respondent's ownership by prescription due to non-redemption within 30 years – Supreme Court precedent underscores that "once a mortgage, always a mortgage," no time limit extinguishes right to redeem – High Court sets aside lower courts' judgments and dismisses the suit – "A usufructuary mortgagee cannot claim ownership merely due to the expiry of 30 years from the date of the mortgage" – Appeal allowed; plaintiff's claim dismissed as the suit was not maintainable. [Paras 9-12]

Res Judicata and Habitual Litigation – Appeal against Trial Court and First Appellate Court decisions dismissing plaintiff’s claim for ownership and injunction against co-owners – Historical sequence of suits filed by plaintiffs on similar grounds, leading to findings of habitual, frivolous litigation – No substantial evidence supporting plaintiffs' claims about land mortgage and redemption – Consecutive dismissals in earlier suits acknowledged – Co-ownership acknowledged, barring injunction against co-owner – [Paras 2, 4, 8].

Condonation of Delay – Analysis of 409-day delay in filing present appeal – Application devoid of sufficient details to explain delay – Mandatory requirements under Section 5 of the Limitation Act, 1963, not met – Insufficient cause shown – Delay not condoned – [Para 7].

Ownership and Possession – Plaintiffs previously acknowledged defendant-respondents' ownership by filing suit for adverse possession – Inconsistent litigation positions weaken plaintiffs’ claim – Lack of new substantial question of law arising from facts – [Para 8].

Decision: No plausible explanation for delay in filing appeal – Condonation of delay denied – Regular second appeal and all pending applications dismissed as meritless [Paras 7-9].

Appeal against Dismissal of Suit – Challenge against the judgment dated 24^th February 2014 and review petition dismissal dated 29^th August 2014 concerning recovery of misuser charges on leased property – Appeal allowed – Single Judge dismissal set aside due to inadequate consideration of pleadings and issues framed – Appeal succeeds on grounds that the trial court failed to consider vital evidence and did not adjudicate on framed issues as mandated by Order XIV Rule 2 of CPC – Misuser charges paid under protest and without prejudice – Case remanded for retrial – [Paras 1-2, 19-22].

Lease and Misuser Charges – Dispute over legality of misuser charges levied by L&DO on appellant post purchase of leasehold property from Erstwhile Owners – Appellant contends payments were excessive, arbitrary, and not compliant with relevant regulations – [Paras 4-6, 14-16].

Pleading and Evidence – Initial judgment dismissed due to purported lack of pleadings and evidence regarding payment of charges under coercion – Appellate Court finds sufficient pleadings were indeed presented – Misuser charges questioned on validity and imposition process – Trial court failed to adjudicate on issues despite comprehensive pleadings and framed issues – [Paras 9, 14, 19].

Restoration of Suit – Appellate decision restores original suit and mandates retrial on merits, addressing all issues initially framed – [Para 21].

Decision: Judgment allowing the appeal, setting aside the initial dismissal, and restoring the suit for further proceedings. Misuser charges to be reviewed on substantive legal and factual grounds as framed in issues – [Paras 20-23].

Violation of Fundamental Rights – Right to Education – Provision of Statutory Benefits – Public Interest Litigation – Delhi High Court mandates immediate provision of educational materials in kind rather than cash to ensure compliance with the Right of Children to Free and Compulsory Education Act, 2009 and related rules, highlighting administrative failures in GNCTD and MCD – Calls for an enhancement of financial powers of the MCD Commissioner to resolve procurement issues. [Paras 1-7, 9-14, 17, 25-26, 40]

Non-Compliance with Statutory Obligations – Delhi High Court identifies a lack of coordination and administrative impasse in MCD, exacerbated by non-functional Standing Committees, leading to failure in providing educational materials to students as per statutory requirements – Court stresses the need for immediate action to rectify the deficiencies to safeguard the fundamental rights of students under Article 21A. [Paras 10, 12-14, 23-26]

Judicial Directions for Administrative Reforms – In response to the failure of GNCTD and MCD to provide statutory educational benefits, Delhi High Court directs immediate delegation of financial powers to MCD Commissioner and criticizes the administrative inertia – Court emphasizes the urgency of fulfilling constitutional and statutory obligations towards school children. [Paras 16, 23-26, 35-37, 39-40]

Responsibility of Government Authorities – Delhi High Court holds GNCTD and MCD accountable for not ensuring the provision of free textbooks, writing materials, and uniforms, violating the statutory rights of children – Court orders immediate procurement of these items despite administrative and financial constraints, underscoring the urgency due to imminent school vacations. [Paras 5, 9-11, 15, 27-29, 31, 33-37]

Decision – Immediate Action Required – High Court emphasizes immediate need for action, overriding bureaucratic impediments, to ensure provision of statutory educational benefits, underscores the urgency given by upcoming academic breaks and fundamental education rights [Para 40].