Writ Jurisdiction – Misuse of CRPF personnel for personal disputes – Retired Air Commodore denied access to ancestral home by CRPF personnel at the behest of respondent no. 7, a sitting MP and petitioner’s brother – Allegations of fundamental rights violation under Articles 19 & 21 – Writ jurisdiction invoked for redressal. [Para 1-3]

Property Rights – Assertion of joint possession in ancestral property – Filing of partition suit for ancestral properties – Family dispute leading to denial of entry into ancestral home – Dispute over the possession and claim of family arrangement by respondent no. 7. [Para 4-6, 47-49]

Security Personnel Conduct – Allegations against CRPF personnel for obstructing petitioner’s entry into property – CRPF's duty to secure 'Z' category protectee’s residence – Sentry's polite refusal to allow entry without a key as per security protocol. [Para 16-20, 50-52, 70-73]

Legal Remedy – Maintainability of writ petition in property disputes – Alternative remedies under civil law – High Court's extraordinary jurisdiction not to be used for property disputes resolvable under general law. [Para 28, 60-67]

Fundamental Rights – Claim of violation of dignity and fundamental rights – No conclusive evidence of dignity violation by CRPF or respondent no. 7 – Family property dispute to be resolved under civil jurisdiction, not under writ. [Para 68-77]

Decision – Dismissal of writ application due to the existence of a bona fide property dispute among family members – Availability of alternative remedies – No fundamental rights violation established warranting interference in writ jurisdiction. [Para 74-77]

Extraordinary Family Pension – Setting aside of order denying extraordinary family pension to the petitioner – Deceased husband suffered heart attack on duty, not pre-existing or natural cause – Entitlement to extraordinary pension under Central Civil Services (Extra Ordinary Pension) Rules, 1939 supported by precedents – Impugned order set aside, respondents directed to release pension within 6 months. [Paras 1-8]

Constitutional Law – Writ Petition under Articles 226/227 – Challenging rejection of extraordinary family pension – Petition allowed in light of judicial precedents and absence of contrary evidence from respondents. [Para 1, 7-8]

Service Law – Extraordinary Pension Rules Interpretation – Division Bench of Delhi High Court and Punjab & Haryana High Court precedents – Heart attack on duty as an entitled condition for extraordinary pension if not attributed to natural causes – Petitioner’s case falls under the entitlement criteria. [Paras 2-7]

Judicial Precedents – Reliance on Vikram Singh and Smt. Kunta Devi cases – Heart attacks on duty without prior history of heart disease recognized as service-related for pension purposes – Consistent judicial view in favor of the petitioner’s entitlement. [Paras 3, 6, 7]

Government Service – Entitlement to Extraordinary Pension – Heart attack while on duty, without prior heart condition, considered attributable to stressful service conditions – Entitled to extraordinary pension under the Rules. [Paras 4, 6, 7]

Judgment – High Court sets aside the order rejecting extraordinary family pension – Respondents directed to comply and release pension benefits to the petitioner – Upholds judicial decisions ensuring fair application of pension rules for service personnel. [Para 8]

Customs Clearance - Import of "Lithium Ion Cell" - Challenge to detention and non-clearance of goods under specific bills of entries - Compliance with Bureau of Indian Standards (BIS) marking requirements - Violation of principles of natural justice - Issuance of show cause notice - Confiscation and penalty imposed - Customs Act, 1962, Section 124 - BIS Regulations, 2018 - Public Notices No. 136/2008 and 157/2018 - Interpretation of labeling requirements - Promotion of electric vehicles and environmental considerations - Clearance of goods - Consumer safety concerns - Circular No. 35/2017 - Jurisdiction of Customs Authorities. [Para 1-13]

Release of Goods - Application for release of goods in question - Examination of the facts and circumstances - Admitted facts regarding the consignment of "Lithium Ion Cell" - Similarity with other consignments released for home consumption - Justification for not releasing the goods by the respondents examined. [Para 14-16]

Compliance with BIS Standards - Dispute regarding the affixing of BIS mark on the product - Manufacturer's role in affixing the mark - Examination of the 2018 Regulation, Schedule II, and relevant provisions - Application of Public Notice No. 136 of 2018 - Departure from the requirements of the 2018 Regulation by the respondents - Clarification through Public Notice No. 157/2018 - Affixing of the standard mark on the package. [Para 17-22]

Decision - Unjustified Detention of Goods - Evaluation of the department's stand - Misapplication of regulations - High-handed approach of customs officers - Inconsistent treatment of goods compared to other consignments - Absence of seizure or physical possession of goods - Show cause notice issued - Need for independent proceedings on the show cause notice - Conclusion regarding the illegal detention of goods and partial allowance of the petition. [Para 23-31]

Criminal Writ Petition – Rejection of application for handwriting expert – Petitioner aggrieved by the order passed by the Sessions Court allowing the respondent-accused's revision application – Original rejection by the Magistrate for handwriting expert based on the impossibility of scientifically determining ink age – High Court reiterates the futility of such scientific tests and restores Magistrate's order. [Para 2, 5, 9, 13]

Right to Fair Trial – Accused's right to fair trial and defense considered – High Court acknowledges the right but emphasizes the futility of exercises with a predetermined outcome, such as determining the age of ink when no scientific method is available. [Para 4, 5, 8]

Expert Opinion – Reference to various judgments stating the absence of a scientific method to determine the age of ink – Assistant Director of Forensic Science Department confirms the lack of such methods, invalidating the respondent's request for a chemical test of ink age. [Para 6, 7, 8]

Judicial Vigilance – Courts urged to be vigilant against applications for evidence that would not yield any benefit – High Court's emphasis on avoiding futile exercises in the judicial process. [Para 5, 11]

Restoration of Magistrate’s Order – High Court sets aside Sessions Court's judgment that reversed Magistrate’s decision – Reinstates Magistrate’s rejection of application for ink age test, upholding the rationale of scientific impossibility and futility. [Para 12, 13]

Appeal Against Arbitral Award – The appellant, NPCC, appealed under Section 37 of the Arbitration and Conciliation Act, 1996, against the judgment partially setting aside an arbitral award dated 29 August 2016 concerning liquidated damages payable by the appellant to the respondent, M/S AAC India Pvt. Ltd. [Para 1, 2]

Factual Background – The appellant and respondent entered into an agreement for the installation of a Fire Protection System. The project faced delays, leading to arbitration and the award dated 29 August 2016. [Para 2-3]

Arbitral Award and Challenge – The Arbitrator partially granted the reliefs claimed by the respondent. The award was challenged under Section 34 of the A&C Act, and the learned ADJ partially set aside the award. [Para 4-7]

Grounds for Appeal – The appellant contended that the learned ADJ misconstrued evidence and placed an erroneous construction on the contract provisions. [Para 8]

Scope of Section 34 and 37 of A&C Act – The High Court emphasized the limited scope of Section 34 and 37, stating that an award can only be set aside on limited grounds and there is no power to modify an award under Section 34. [Para 10-13]

Contractual Clauses and Liquidated Damages – The Court found that the learned ADJ misconstrued evidence and correspondence, erroneously concluding that the imposition of LD was only being negotiated. [Para 14-19]

Decision – The High Court set aside the order dated 22 March 2021 to the extent it struck down the award dated 29 August 2016 regarding payment of LD and upheld the award in its entirety. [Para 21]

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]