Condonation of Delay - Application for condonation of delay of 215 days in re-filing the appeal - Delay condoned. [Para 2,5]

Ancestral Property - Validity of Will - Plaintiffs claiming suit properties to be ancestral and seeking a declaration of their rights - Defendant setting up a will excluding plaintiffs - Will duly proved and accepted by lower courts - Exclusion of natural heirs not a suspicious circumstance - Deprivation of natural heirs a common feature of wills - Plaintiffs failing to establish ancestral nature of suit properties - Concurrent findings of lower courts upheld - Appeal dismissed. [Para 15-20]

Criminal Law - Additional Evidence - Filling Lacunae – Petition under Section 482 CrPC challenging order allowing additional evidence under Sections 246(6) and 311 CrPC – Complainant sought to examine additional witnesses after evidence closed – Held, Section 311 CrPC allows additional evidence only if essential to secure justice – No evidence shown to be crucial – Allowing application aimed to fill prosecution lacunae – Petition allowed, order set aside. [Paras 1-21]

Discretionary Power under Section 311 CrPC – Analysis – Section 311 grants courts discretion to summon and examine additional witnesses if essential to the just decision of the case – The power must be exercised judiciously and not arbitrarily – Absence of any grave prejudice or failure of justice due to non-examination of witnesses noted – Discretion improperly exercised by trial court. [Paras 16-21]

Principles of Natural Justice and Fair Trial – Reference to Supreme Court guidelines on exercising discretion under Section 311 – Emphasis on judicious use to prevent miscarriage of justice – Additional evidence sought did not meet criteria of necessity for justice – Complainant failed to justify the need for further testimony. [Paras 17-18]

Decision – Petition Allowed – Order allowing additional evidence set aside – Application for additional witnesses deemed an attempt to fill gaps in prosecution case – Trial court’s decision reversed – Petitioner's rights upheld. [Para 22]

Criminal Law – Quashing of FIR – Compromise in Financial Offences – Petitioners seek quashing of FIR based on compromise for offences under IPC and allegations of GST evasion. Held, offences under special statutes or involving financial and economic well-being of the State cannot be quashed on the basis of a compromise. Investigation may reveal offences under the GST Act, making the FIR not purely a private dispute. Petition dismissed. [Paras 1-9]

Jurisdiction of High Court – Exercise of Inherent Powers – The inherent powers under Section 482 CrPC should not be used to quash FIRs in cases involving special statutes or economic offences, even if a compromise is reached. The societal interest in prosecuting serious crimes overrides private settlements. [Para 7]

Decision – Petition Dismissed – The petition for quashing the FIR is dismissed, but petitioners may reapproach the court if no GST Act offences are found during the investigation. [Paras 8-9]

Narcotic Drugs and Psychotropic Substances Act – Regular Bail – Non-Commercial Quantity – Petition for regular bail where the petitioner was implicated based on the disclosure statement of a co-accused and a small quantity of 35 grams of heroin was recovered from him. Held, the petitioner was not named in the initial secret information, and the recovery from him is significantly below the commercial quantity threshold. Co-accused granted bail, petitioner’s bail also granted due to similar circumstances. [Paras 7-8]

Implication Based on Co-accused’s Disclosure – The petitioner was implicated based on the disclosure statement of a co-accused, who did not specifically state that the petitioner supplied the narcotics. The main recovery of 295 grams of heroin was not from the petitioner. [Para 7]

Decision – Bail Granted – The petitioner is granted bail on the basis of non-commercial quantity recovery, co-accused’s bail, and prolonged custody. Bail granted with conditions to ensure non-tampering of evidence and regular court appearances. [Paras 8-10]

Criminal Law – Bail – NDPS Act – Petition for regular bail under Section 439 Cr.P.C. – Recovery of 295 grams of heroin not effected from the petitioner – Petitioner arrested based on the disclosure statement of co-accused – Recovery from petitioner is 35 grams, less than the commercial quantity of 250 grams – Co-accused already granted regular bail – Petition allowed. [Para 7]

Role of Accused – Analysis – Petitioner not named in the secret information – Recovery of 295 grams not linked directly to petitioner – Statements of co-accused do not implicate petitioner directly – Matter to be adjudicated during trial – Recovery from petitioner is far less than the stipulated commercial quantity. [Para 7]

Decision – Bail Granted – Petitioner granted regular bail considering lesser recovery amount and co-accused's bail – Conditions imposed to ensure trial integrity and prevent tampering with evidence. [Para 8-10]

Negotiable Instruments Act - Interim Compensation – Revision petition against order directing interim compensation under Section 143A of the NI Act – Petitioner directed to pay 20% of cheque amount within 60 days – Held, Section 143A empowers Court to order interim compensation up to 20% of cheque amount in summary trial or summons case upon plea of not guilty – Impugned order within legal provisions – Petition dismissed. [Paras 1-9]

Discretion of Trial Court – Analysis – Section 143A grants discretion to Trial Court to order interim compensation – Applicable where accused pleads not guilty – Provision aims to provide relief to complainant during pendency of trial – No fault found in Trial Court’s order directing 20% interim compensation. [Paras 6-8]

Presumption of Liability – Legal Principle – Presumption under Section 139 of the NI Act that cheque issued for debt or liability – Onus on accused to rebut presumption with evidence – Supreme Court precedent reinforces liability unless disproven by accused – Cheque’s existence and petitioner’s signature not disputed. [Paras 6, 8]

Decision – Petition Dismissed – Order directing interim compensation upheld – Argument that complaint did not specify debt amount found irrelevant – Petition dismissed for lack of merit. [Paras 9]

Pension Law - Family Pension Scheme – Discrimination Against Post-Retirement Adoption – Petition under Article 226 challenging Note 1 of Clause (d) of Sub-rule (ii) of Rule 4 of the Family Pension Scheme, 1964 – Rule excludes children adopted after retirement from family pension benefits – Held, discriminatory and arbitrary, violating Article 14 – Children adopted post-retirement also entitled to family pension – Rule struck down, order rejecting pension claim quashed – Directions to grant family pension from date of adoptive father's death. [Paras 1-15]

Adoption and Pension Benefits – Analysis – Fixing retirement as cut-off date for adoption discriminatory – Adoption after retirement often for providing support in old age – Exclusion from pension benefits based on adoption timing unjustifiable – Pension rights arise from service rendered, not a bounty – Family pension intended to support dependents of deceased employees. [Paras 2-9]

Judicial Precedents – Reference to Supreme Court and High Court decisions striking down similar provisions as arbitrary – Bhagwanti vs. Union of India held exclusion of post-retirement spouses and children from pension benefits violates Article 14 – Similar reasoning applicable to current case. [Paras 9-12]

Decision – Striking Down Discriminatory Rule – Note 1 of Clause (d) of Sub-rule (ii) of Rule 4 of Family Pension Scheme, 1964 struck down – Directions to grant family pension to petitioner from adoptive father's death – No interest on delayed payment due to legal hitch, unless delayed beyond three months from judgment. [Paras 14-15]

Administrative Law - Criteria for Selection – Appeal against Single Judge's order altering selection criteria – Selection for Shift Attendants based on written examination, experience, and interview – Commission as expert body within its right to fix criteria – Petitioners participated without objection, bound by advertisement conditions – Writ petition decided without Commission's response, premature decision – Appeal allowed, writ petitions dismissed. [Paras 1-25]

Judicial Review of Policy Decisions – Analysis – Courts should not interfere in policy matters of expert bodies without allegations of malafide – Commission's decision on selection criteria upheld – Criteria included written examination, experience, and interview marks – Written test marks prioritized to ensure merit-based selection. [Paras 13-19, 24]

Procedural Fairness – Consideration – Single Judge's decision issued without response from Commission – Important policy issue involved, requiring balanced view – Premature decision led to unfair advantage for some candidates, undermining merit-based selection. [Paras 10-11, 19]

Precedents – Reference to Supreme Court judgments emphasizing limited judicial interference in expert body's policy decisions – Consistent application of criteria for all candidates upheld – Policy decisions of expert bodies should be respected in absence of malice or arbitrariness. [Paras 16-21]

Decision – Appeal Allowed – Single Judge's order set aside – Selection process conducted by Commission upheld – Writ petitions dismissed, all pending civil miscellaneous applications disposed of. [Paras 25]

Service Law - Promotion Criteria – Petition under Articles 226 and 227 challenging Tribunal's order – Tribunal directed consideration of respondent for Deputy General Manager (Technical) post based on seniority and a 1996 circular – Circular stipulated seniors to be considered for promotion along with juniors if not short by more than half the required qualifying service or 2 years – Authority estopped from claiming non-applicability of circular after taking action based on it – Petition dismissed, Tribunal's order upheld. [Paras 1-18]

Applicability of Government Circulars – Analysis – Circular from 1996 mandates consideration of seniors along with juniors for promotion – Regulations under Section 35 of the Act and instructions from the Central Government are binding on the Authority – Failure to amend Service Rules to incorporate the circular does not nullify its applicability – Tribunal correctly directed consideration based on the circular. [Paras 3-4, 12-14]

Selective Implementation – Held – Authority selectively implemented circular for some posts but not for Deputy General Manager (Technical) – No valid clarification for selective application – Consistent implementation required for all relevant posts – Tribunal's order justified. [Paras 13-14]

Judicial Precedents – Reference to Supreme Court and previous Tribunal decisions affirming the binding nature of Government instructions on statutory bodies – No infirmity in Tribunal's reliance on circular for directing consideration of respondent. [Paras 3, 7, 16]

Decision – Dismissal of Petition – Tribunal's order directing consideration of respondent based on 1996 circular upheld – Authority bound by circular and Regulations – Writ petition dismissed as lacking merit. [Paras 17-18]