Guardianship and Custody – Interim Custody – Application under Section 12 of the Guardian and Wards Act, 1980 dismissed by the Family Court – Family Court observed the child was uncomfortable with the appellant – High Court upheld the dismissal, emphasizing the child’s best interest and emotional well-being – Meetings to continue under the supervision of a counsellor to facilitate healthy interaction [Paras 1-24].

Visitation Rights – Best Interest of the Child – Importance of both parents' involvement in the child's life – Court mandated continuation of twice-a-month supervised meetings – Future custody decisions to be based on child’s comfort and adjustment over time [Paras 16-24].

Psychological Evaluation – Child’s Welfare – Reports from Family Court Counsellor and Children’s First indicated child’s discomfort with appellant – High Court took cognizance of these findings to deny interim custody, prioritizing the mental health and emotional stability of the child [Paras 20-22].

Decision:  Appeal dismissed – No grounds for interference with the Family Court’s order – Directed continuation of supervised meetings to foster a better relationship between appellant and child, ensuring the child’s comfort and well-being [Paras 23-24].

Family Pension – Entitlement of Disabled Dependent – Petitioner, suffering from 60% disability, claimed family pension following the death of his mother. His claim was rejected by the Senior Accounts Officer on grounds of his prior ability to run a public call office (PCO). The High Court found the rejection improper, noting the petitioner’s entitlement under the government order dated 20.05.1997. It held that the committee assessing the claim lacked the requisite medical expertise to override the Chief Medical Officer’s disability certificate and emphasized the validity of such certificates unless questioned by a medical board or higher medical authority [Paras 1-12].

Medical Evidence – Validity and Assessment – The committee’s decision, lacking medical expertise, was deemed unsustainable. The court underscored that disability assessments for pension purposes should be conducted by qualified medical professionals and not by administrative officers without medical training [Paras 6-10].

Decision: Writ Petition Allowed. The rejection order dated 12.11.2020 was set aside. The respondents were directed to grant family pension to the petitioner within one month of the presentation of a certified copy of this order [Paras 12-13].

Criminal Law – Evidence of Victim – Conviction based on sole testimony of victim of sexual assault without corroboration – Legal standards for reliability of victim’s testimony examined – Statements of prosecutrix must be appreciated on the principles of probabilities, broader probabilities to be examined, minor contradictions not fatal [Paras 13-17].

Chain of Custody – Forensic Evidence – Failure to connect forensic samples with commission of the offence – Discrepancies in the chain of custody – Possibility of tampering with evidence cannot be ruled out – SFSL reports unreliable due to procedural lapses [Paras 23-24].

Kidnapping – Enticement and Consent – Victim below 18 years, consent irrelevant – Accused convicted under Section 363 IPC for kidnapping from lawful guardianship – Prosecution failed to prove intent for illicit intercourse, acquittal under Sections 366, 366-A IPC [Paras 26-27].

Decision: Appeal partly allowed – Conviction under Sections 366, 366-A, 376(3) IPC and Section 4 of POCSO Act set aside – Conviction under Section 363 IPC upheld – Appellant directed to be released forthwith as sentence already undergone [Paras 27-29].

Custody of Minor Child – Interim Custody and Visitation Rights – Appellant sought interim custody of minor child, Master Shrestha Sharma, during ongoing divorce proceedings – Family Court denied interim custody, finding the child uncomfortable and apprehensive in the presence of the appellant – Delhi High Court upheld Family Court’s decision, prioritizing child’s best interest and psychological welfare [Paras 1-24].

Visitation Rights – Court’s Approach – Emphasized necessity of child’s comfort and gradual adjustment – Directed twice-a-month meetings under counsellor’s supervision – Relied on interim reports from Children’s First and Family Court Counsellor noting child’s discomfort and need for further assessment [Paras 20-22].

Parental Influence and Child’s Welfare – Court acknowledged allegations of tutoring by the respondent – Found no immediate evidence justifying change in interim custody – Focused on child’s current psychological state and need for stability – Rejected appellant’s suggestion for visitation at grandparents’ house due to child’s apprehensions [Paras 12, 22].

Decision: Appeal dismissed – Family Court’s order upheld – Continued supervised visitation with counsellor presence mandated – No interim custody granted to appellant in the best interest of the child [Paras 23-24].

Criminal Law – Corruption – Conviction and Sentencing – Appellant, a clerk, convicted for accepting a bribe of Rs. 2000 to expedite the processing of a telephone PCO booth application – Trial court’s judgment affirmed with modification in sentencing – Sentences under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 upheld – Sentencing reduced from two years to one year due to prolonged trial and appellant’s age [Paras 1-24].

Trap Procedure and Evidence – Verification and Trap – Detailed recounting of pre-trap and post-trap procedures – Phenolphthalein test used to establish acceptance of bribe – Recovery of tainted money corroborated by multiple witnesses – Compliance with procedural requirements confirmed [Paras 11-17.2].

Witness Testimony – Reliability – Multiple witnesses including CBI officers and independent witnesses corroborated the prosecution’s case – Defense’s argument of appellant’s absence due to leave disproved by witness testimonies [Paras 9.1-9.12].

Sanction for Prosecution – Validity – Prosecution sanction provided by competent authority – Detailed perusal of relevant documents confirmed by General Manager, Dhanbad Circle [Para 18].

Quantum of Sentence – Mitigating Factors – Appellant faced trial for over 23 years – Age of appellant considered – Sentence reduced to minimum one year prescribed under the Act [Paras 20-21.2].

Decision:

Appeal Partly Allowed – Conviction Affirmed – Sentence Reduced – Appellant’s bail bonds cancelled – Directed to surrender for serving remaining sentence [Paras 22-24].

Pre-arrest Bail – Economic Offences – Judicial Discretion – Petitioners, accused of breach of trust and cheating in granting loans and fixing deposit interests contrary to circulars, sought pre-arrest bail – High Court denied the bail, emphasizing the serious nature of the economic offences and the necessity for custodial interrogation – Court underscored that anticipatory bail is an extraordinary remedy to be granted sparingly, particularly in complex economic offences with deep-rooted conspiracies [Paras 1-15].

Judicial Principles – Application for Bail – The Court noted that detailed examination of evidence is not required at bail stage, but there should be a prima facie case and consideration of the nature and gravity of the accusations – Reference made to Supreme Court’s guidelines on dealing with economic offences and judicial discretion in bail matters [Paras 9-14].

Decision – Bail Application Dismissed – Held – Custodial interrogation necessary for thorough investigation – Granting bail could impede the investigation and affect public interest adversely [Para 15].

Refund of Tax – Settlement Scheme – Adjustment of Refund – Petitioner claimed refund of Rs. 10,69,89,606/- for the year 2011-2012 which was adjusted against dues for the year 2010-2011 – Petitioner already paid the dues for 2010-2011 under the Settlement Scheme – Adjustment by Respondents made without authority – High Court ordered refund with interest [Paras 1-20].

Legality of Adjustment Orders – Section 11 of the Settlement Scheme – Rule 55 of MVAT Rules – Respondents’ adjustment of refund after the petitioner’s payment under the Settlement Scheme found illegal – Refund adjustment order quashed – Importance of adherence to statutory provisions emphasized [Paras 9-14].

Interest on Refund – Rule 88 of MVAT Rules – Petitioner entitled to interest on refunded amount from 1^st June 2019 until the date of payment – Court highlighted that state authorities must not retain excess amounts [Para 19].

Decision – Petition allowed – Orders by Respondents set aside – Respondents directed to refund Rs. 10,69,89,606/- with interest at 6% per annum from 1^st June 2019 – Petitioner to provide bank details for refund processing [Para 19].

Insurance Liability – Contract of Insurance – Appeal against trial court’s decree holding insurance company liable for compensation and medical expenses paid by employer to its employees – Appellant contends no contract of insurance exists between insurer and employer, policy was an Act policy with limited liability – No contractual obligation to cover medical expenses incurred by employer [Paras 1-23].

Motor Accident – Recovery of Compensation – Employer’s claim for recovery of medical expenses and compensation from insurer – Employees injured during employment while traveling in hired jeep – Jeep insured under Act policy, not comprehensive policy – No claim filed with Motor Accident Claims Tribunal by injured employees – No contract of insurance between employer and insurer under Workmen Compensation Act [Paras 13-23].

Decision – Appeal Allowed – Decree and judgment of trial court set aside – Insurance company not liable to indemnify employer in absence of contractual obligation – No costs awarded [Paras 24-25].

Criminal Procedure – Bail Conditions – Imposition of Unusual Conditions – Petitioner released on bail with condition to deposit passport – Petitioner did not possess passport – Trial Court failed to consider affidavit and investigating officer’s statement confirming non-possession – Trial Court directed Petitioner to deposit passport within four months, implying Petitioner must apply for one – High Court held Trial Court exceeded its powers and imposed conditions not required for bail – Condition modified to deposit passport if any [Paras 1-16].

Modification of Bail Conditions – Requirement of Reasonableness – High Court emphasized necessity of considering factual circumstances and existing possessions of accused while imposing bail conditions – Held that imposing condition to deposit non-existent passport amounts to compelling accused to create new document [Paras 10-14].

Decision:

Criminal Writ Petition allowed – Condition for deposit of passport modified to “deposit the passport, if any” – Petitioner already released on bail under modified condition – Rule made absolute in above terms [Paras 15-18].