Service Law - Recruitment Process – Contractual Employment – Age Relaxation – Regular Recruitment – Contractual appointees seek age relaxation for regular recruitment due to delay in process initiation – Various precedents and Government OMs establishing basis for such relaxation analyzed – The plea for age relaxation substantiated in the light of policy mandates by Govt. of NCT of Delhi. [Para 13-20]

Age Relaxation Policy – Legality and Applicability – Government OMs on age relaxation for contractual employees reviewed – Contractual employment deemed neither illegal nor irregular – Age relaxation for regular recruitment considered a fair redress for delayed recruitment processes – Upheld as not in violation of constitutional guarantees under Article 14. [Para 17-19]

Administrative Law - Age Relaxation for Recruitment - Petitioners challenge the denial of age relaxation for recruitment to the post of Assistant Public Prosecutor - Petitioners contend that they were working as contractual APPs and should be granted age relaxation for the duration of their contractual service - Reference to various judgments supporting age relaxation for contractual employees - Issue of whether age relaxation requires an amendment to the Recruitment Rules - Tribunal directs the Government of NCT of Delhi to clarify its stand regarding the ongoing selection process and potential rule amendments. [Para 7-12]

Union Public Service Commission (UPSC) – Duty and Compliance – The role of UPSC in adherence to Government policies on age relaxation during recruitment reiterated – UPSC's obligation to follow the memorandums/policy directions issued by the Govt. of NCT of Delhi emphasized – UPSC and department's failure to notify the advertisement in terms of said OMs cannot be read adversely against the petitioners. [Para 20]

Contractual Employment – Experience and Legitimacy – Equity in favor of petitioners recognized due to valuable experience gained during contractual tenure – Contention against age relaxation by objector/intervener and respondents found meritless – Distinguished from authorities relied on by objector/intervener Shitize Rao. [Para 21]

Directive to UPSC - Age Relaxation Implementation - Directive to UPSC to release examination results considering age relaxation in accordance with the policy guidelines and subject to the petitioners satisfying other terms and conditions of the advertisement. [Para 22]

Disposition of Writ Petitions - Conclusion of the case with the disposal of writ petitions filed by the petitioners and dismissal of objections raised by the intervener. [Para 22]

Application for Decree on Admission - The plaintiff sought a decree based on the admission in the defendant's written statement regarding arrears of license fee - Defendant's written statement admitted payment of license fee up to April 2020 but did not address subsequent payments - The application for a decree on admission was contested, citing the admission was not unqualified. [Para 2-3]

Scope of Order XII Rule 6 C.P.C. - The legislative intent behind Order XII Rule 6 C.P.C. is to expedite litigation when there is a clear, unambiguous admission regarding liability, without the need for further evidence or clarification - However, this provision does not override other legal provisions such as res judicata, limitation, etc. [Para 3-4]

Maintainability of the Suit - The defendant disputed the maintainability of the suit based on earlier causes of action and other legal grounds - The court noted that a mere contention of partial payment of license fee does not necessarily empower the court to pass a decree on admission. [Para 4]

Interpretation of Commercial Courts Act, 2015 - Discussion on whether the jurisdiction of regular civil courts was ousted by the enactment of the Commercial Courts Act, 2015 - The court examined the language of the Act and noted that there was no explicit exclusion of the jurisdiction of civil courts - Emphasis on the principle of harmonious interpretation to promote both the Act and the jurisdiction of civil courts. [Para 6-9]

Definition of Commercial Dispute - The court considered the definition of a commercial dispute under the Act, especially in the context of immovable property used for commercial purposes - The court concluded that a dispute related to license fees for an immovable property used exclusively in trade or commerce falls under the definition of a commercial dispute. [Para 10-12]

Attachment Before Judgment - The court addressed the rejection of an application for attachment before judgment and found that it was done without issuing a show cause notice to the respondent - A conditional order of attachment was ordered, and the matter was remanded to the trial court for further proceedings. [Para 13]

Decision - C.R.P.No.134/2023 allowed in part, and C.R.P.No.68/2023 dismissed. The trial court was directed to transfer the case to the commercial court and proceed accordingly. [Para 13]

Commercial Taxes – Recovery Notice Challenged: Petitioner challenges recovery notice seeking Rs.11,63,24,233/- for AY 2014-15 and 2015-16, alleging non-receipt of assessment order and issues with electronic filing. [Paras 2-5]

Cyber Crime Allegation and FIR - Allegations of unauthorized use of the petitioner’s login ID, resulting in fraudulent transactions. Complaint registered with the Cyber Crime Cell, leading to an FIR. [Paras 6, 14]

Respondents’ Position: Justification for non-interference with recovery notice. Petitioner’s non-participation in assessment proceedings noted, along with continuation of business under new ID post-GST, and eventual cessation in 2018. [Paras 7-9]

Judicial Analysis and Precedent Reference: Reference to a similar case involving misuse of login ID (W.P.Nos.37044 & 37045 of 2016, M/s.Hansa Enterprises). Direction for investigation by Commercial Tax Officer and Cyber Crime Wing. [Paras 12-13]

Interim Court Orders: Impleadment of Cyber Crime Cell Inspector for investigation. Suspension of revenue recovery pending investigation, with a deadline of 18 months. Asset attachment to continue. [Paras 15-17]

Decision: Writ petition disposed with specific directions for investigation and interim asset attachment. [Para 19]

Criminal Appeal – Homicide – Appellant convicted for murder under Section 302 IPC – Evidence of homicide established – Altered to culpable homicide not amounting to murder under Section 304 Part-II IPC due to sudden and grave provocation – Sentence reduced to time already served. [Paras 6, 8-12]

Criminal Appeal – Conviction under Section 302 IPC – Appellant convicted by the trial court for the murder of the deceased with a lathi – Appellant sentenced to life imprisonment and fine, with a default sentence for non-payment. [Para 1]

Murder – Evidence of eye-witness (P.W.8) – Mother of the deceased testified seeing the appellant assault the deceased and the appellant’s wife (P.W.1) suspecting an illicit affair – Evidence corroborated by recovery of the weapon of offense at the appellant's instance. [Para 6, 8-10]

Provocation – Defense contention of grave and sudden provocation – Appellant allegedly witnessed his wife in the company of the deceased in a compromising situation, leading to a loss of self-control and assault – Court considered whether such provocation would cause a reasonable person to lose self-control. [Para 11]

Conviction Modified – Application of Exception 4 to Section 300 IPC – Court found the offense fell under Exception 4, indicating culpable homicide not amounting to murder – Conviction under Section 302 IPC set aside, altered to Section 304 Part-II IPC. [Para 11]

Sentence – Considering the appellant's age, time already spent in custody, and the time elapsed since the offense, the sentence was reduced to the period already undergone. [Para 11-12]

Appeal – Partially Allowed – Conviction modified, and the appellant sentenced to time served – Directed the trial court to take necessary action based on the judgment. [Para 12]

Dowry Death – Conviction under Section 304-B IPC set aside – Lack of evidence of cruelty or harassment connected with dowry demand – Death within seven years of marriage and under abnormal circumstances established, but no proximate link between cruelty and death. [Para 2, 3, 4, 5, 6, 7, 8, 9]

Cruelty – Conviction under Section 498-A IPC upheld – Evidence of cruelty by the appellant towards the deceased, including mental torture, as indicated in the letter Ext.4 written by the deceased to her father. [Para 5, 6, 7, 8, 9]

Marital Dispute – Evidence of domestic problems and assault, but no conclusive proof of dowry-related harassment – Letters and statements fail to establish dowry demand as a motive for cruelty. [Para 5, 6, 7, 8]

Judicial Analysis – Appreciation of circumstantial evidence and letters – Importance of analyzing evidence in its entirety to ascertain the truth in dowry death cases. [Para 8, 9]

Decision – Conviction U/S 304-B set aside  –  found guilty u/s 498-A IPC - Appellant has already served the sentence for the offence under Section 498-A IPC – No further custody required. [Para 10]

Cheque Dishonour – Section 138 of the Negotiable Instruments Act – Reversal of conviction by the appellate court challenged – Trial court convicted the accused for dishonour of cheque amounting to ₹1,75,000; Appellate court acquitted the accused – High Court finds misappreciation of evidence by appellate court, reinstates trial court's conviction. [Para 1, 18-42]

Delay in Filing Appeal – Condonation of delay in filing appeal – Accused's application for condonation of delay erroneously allowed by the appellate court without proper justification – High Court finds accused's conduct and reasons for delay unjustifiable, reverses appellate court's decision on this point. [Para 16-17, 37]

Presumption Under Section 139 of NI Act – Accused admitted to issuing the cheque in question – High Court observed that once signature on cheque is admitted, presumption under Section 139 is in favour of the complainant – Accused failed to probabilize his defence adequately. [Para 20-27, 31-34]

Appeal Judgment Misappreciation – Appellate court's judgment based on conjectures and surmises – High Court finds that appellate court misread evidence and ignored crucial admissions by accused – Appellate court's judgment set aside. [Para 36, 41]

Sentence Restored – Conduct of the accused considered – High Court finds no infirmity in trial court's order of sentence, thereby restoring the same – Accused directed to surrender within 15 days. [Para 43-44]

Decision – Appellate Court's judgment set aside – Trial Court's conviction and sentence order restored – Accused directed to surrender for serving sentence. [Para 42-44]

Public Interest Litigation – Violation of Rights of Persons with Disabilities Act, 2016 (the RPwD Act) – Kendriya Vidyalaya Sangathan (KVS) issued Advertisements No.15/2022 & 16/2022 for various posts – Alleged violation of statutory provisions under the RPwD Act concerning reservation for Persons with Disabilities (PwD), especially for deaf and hard of hearing persons – Matter brought before the High Court of Delhi. [Para 1-7]

Statutory Provisions – Sections 2(f), 17, 34 of the RPwD Act mandating reservation for Persons with Disabilities (PwD) – 4% reservation mandated, with 1% reserved for deaf and hard of hearing persons – KVS alleged to have ignored these provisions in its advertisements for various posts. [Para 10-11]

Reservation Compliance – KVS relied on an outdated notification dated 29.07.2013 for reservation calculation, ignoring the operative notification dated 04.01.2021 – No reservation provided for deaf and hard of hearing persons in certain posts as required by the RPwD Act – KVS’s action found contrary to the mandatory statutory provisions. [Para 13-25]

Recruitment Process – Completed recruitment process under the challenged advertisements – Court’s concern over discontinuation of services for selected candidates if advertisements quashed – Direction to KVS to provide 1% reservation against total vacancies for deaf and hard of hearing persons and initiate a special recruitment drive to fill the vacancies reserved for various categories of disabled persons. [Para 30-31]

Reasonable Accommodation – Emphasis on the legislative vision of providing reasonable accommodation to persons with disabilities – KVS criticized for viewing Persons with Disabilities (PwDs) from a lens of inconvenience rather than facilitating their rights under the RPwD Act. [Para 32]

Judicial Precedent – Reference to a recent judgment directing KVS to provide 1% reservation to blind and low vision persons in line with the notification dated 04.01.2021 – Similar direction issued to KVS in the present case to clear the backlog of vacancies for deaf and hard of hearing persons within a stipulated timeframe. [Para 33-34]

Appointment Directive – Identification of specific posts like Principal, Vice-Principal, Post Graduate Teacher (PGT), etc., in the notification dated 04.01.2021 for reservation – Direction to KVS to appoint deaf and hard of hearing persons on these identified posts in accordance with the statutory provisions of the RPwD Act. [Para 35]

Regular Second Appeal – Civil Procedure Code (C.P.C) – Appeal under Order XLII Rule 1 read with Section 100 of the C.P.C against the decree and judgment in A.S.No.35 of 2018 dated 21.08.2023 by the Additional District Judge-II, Palakkad, which confirmed the decree and judgment in O.S.No.511/2014 by the Munsiff Court, Alathur – Appellant, being the plaintiff, challenges the decree and judgment on grounds of erroneous negation of co-ownership claims over plaint `D’ schedule property. [Para 1]

Injunction – Permanent Prohibitory Injunction – Plaintiff sought a permanent prohibitory injunction against the defendant to restrain obstruction of the peaceful use of plaint `D’ schedule motorable way for ingress and egress to plaint `A’ to `C’ schedule properties and to the common tank – Claim based on asserted co-ownership of the plaint `D’ schedule property by the plaintiff. [Para 5]

Title Dispute – Co-ownership Claim – Defendant disputes plaintiff’s title over plaint `A’, `B’ and `C’ schedule properties, and particularly, the co-ownership claim over plaint `D’ schedule property – Contention that plaint `D’ schedule is not a common motorable road and plaintiff has no rights over it either as co-owner or otherwise. [Para 8]

Evidence – Title Establishment – Trial and appellate court’s negation of plaintiff’s co-ownership claim due to lack of cogent evidence establishing title over plaint `D’ schedule property – Reference to plaintiff’s admission during cross-examination regarding the absence of documentary evidence to support co-ownership claim. [Para 11-12]

Substantial Question of Law – Second Appeal Admissibility – Emphasis on the mandatory formulation of substantial question/s of law to admit and maintain a second appeal under Section 100 of the C.P.C – Absence of substantial question of law leading to the dismissal of the appeal without admission. [Para 13-20]

Appointment and Termination - Interpretation of terms of appointment and service agreement - Appellant appointed as a Junior Medical Representative (Trainee) with a mandatory training period - Training period extendable for a further 12 months - Appellant claimed automatic confirmation after the initial 12 months - Respondent rejected claim and extended training - Appellant's performance deemed unsatisfactory - Training eventually terminated - Industrial dispute and conciliation process followed - Labour Court held termination illegal - Ld. Single Judge affirmed reinstatement but denied automatic confirmation. [Para 1-15]

Employment Contract – Termination during Training Period – Interpretation of terms of appointment and service agreement – Whether non-extension of training period before the lapse of 12 months led to automatic termination of training and automatic confirmation of the appellant as a regular Medical Representative on probation – Service agreement and terms of appointment clearly indicate that successful completion of the training period is a pre-requisite for consideration as a regular employee – No provision for automatic extension or automatic confirmation – Offer of regular appointment to follow satisfaction of the respondent during the training period – Appellant's contention of automatic confirmation rejected. [Para 16-23]

Principle of Deemed Confirmation – Deemed confirmation can only apply in exceptional cases where rules prescribe a maximum period of probation or training, and no overt or positive act for confirmation is stipulated – In this case, rules require a positive act for extension of training and confirmation – Maximum period of training had not expired, and training was extended by express order – No basis for automatic confirmation. [Para 27-28]

Literal Interpretation of Terms – Terms of an agreement or rules governing the parties must be construed in their simple and grammatical sense unless a different construction is warranted to prevent absurd consequences or protect constitutionality – No reason to deviate from the literal meaning of the terms of appointment and service agreement in this case. [Para 29]

Backwages – Appellant not eligible for backwages as he was gainfully employed during the period in question – Appellant did not provide evidence to the contrary – Finding of the Ld. Single Judge on this issue upheld. [Para 31]

Appeal Dismissed – No infirmity in the order of the Ld. Single Judge – Appeal dismissed. [Para 32]