Criminal Law - Plea of Insanity - Section 302 IPC - Appellant convicted for murder - Defense under Section 84 IPC claiming schizophrenia - Evidence showed appellant's behavior did not support claim of unsoundness of mind at the time of the crime - Legal insanity not established - Appeal dismissed. [Paras 26, 37]

Insanity Defense - Legal vs. Medical Insanity - Distinction between legal and medical insanity emphasized - Appellant failed to provide evidence of schizophrenia during the commission of the offense - Behavior before and after crime indicated awareness of actions - Legal standards under Section 84 IPC not met. [Paras 26, 37]

Burden of Proof - Section 105 of Indian Evidence Act - Onus on the appellant to prove insanity at the time of the offense - Appellant did not produce sufficient evidence - Presumption of sanity upheld - Conviction sustained. [Para 26]

Decision: Appeal dismissed. Conviction and sentence by the Sessions Judge, Amritsar upheld. Appellant to surrender for the remaining part of the sentence. [Paras 26, 37, 38]

Family Law - Divorce - Cruelty - Appeal against divorce decree granted on grounds of cruelty - Wife's contradictory statements and unbecoming behavior - Evidence showed wife used derogatory language, insulted husband and his parents, and made false allegations - Such behavior considered mental cruelty - Appeal dismissed​​.

Family Law - Evidence and Credibility - Contradictions in wife’s deposition and written statements - Failure to provide supporting witnesses to her allegations - Court found wife's conduct amounted to mental cruelty and upheld the divorce​​.

Decision - Dismissal of Appeal - Divorce decree upheld as wife's conduct met the criteria for mental cruelty - Appeal dismissed and Trial Court's decree confirmed​​.

Service Law - Recruitment Qualification Requirements - The prescribed educational qualification for the post of Intelligence Assistant included a graduate degree with an 'O' Level certificate of Information Technology from DOEACC/NIELIT or equivalent - Appellants possessing B.Sc. degrees with computer subjects were rejected - Held, 'O' Level certificate is a specialized course, not equivalent to general computer science subjects - Department's prescription of specific qualifications upheld - Appeal dismissed​​.

Equivalence of Educational Qualifications - Departmental Discretion - Equivalence claims based on self-conceived parameters not valid - Department's discretion in setting and recognizing qualifications affirmed - Reliance on Full Bench judgment in Manjit Singh case misplaced as it pertains to higher qualifications in the same line and discipline - Appellants' qualifications not equivalent to 'O' Level certificate, thus ineligible​​.

Decision - Dismissal of Appeal - Appellants' claim of higher qualifications not accepted as equivalent to the prescribed 'O' Level certificate - Department's recruitment criteria upheld - Appeal dismissed​​.

Family Law - Custody of Minor Child - Financial Condition of Mother - Mother of minor child sought custody from grandparents - Superior financial condition of grandparents not a ground to deny custody to the mother, who is the natural guardian - Consideration should be who provides better care and welfare for the child - Mother working as a lab technician earning Rs.10,000/- per month - Despite not being financially at par with grandparents, she is capable of caring for the child - Maternal love and care cannot be quantified in material terms - Custody granted to mother​​.

Family Law - Legal Rights of Grandparents - Both parents alive but estranged - Grandparents cannot claim custody as a matter of legal right - Father of the child moved abroad, neglecting his duty - Grandparents getting older - Mother willing to give undivided attention to the child - Grandparents' right to custody cannot override the welfare of the child - Custody awarded to the mother as the primary nurturer​​.

Decision - Custody of Minor Child - Welfare of the child is paramount - Financial status of mother not a valid ground to deny custody - Mother's role as primary caregiver emphasized - Custody of the minor child handed over to the mother - Appeal allowed, trial court's order set aside​​.

Real Estate Law - Pre-requisite Deposit for Appeals - Jurisdiction - The Real Estate (Regulation and Development) Act, 2016 - Appeal by the promoter questioning the jurisdiction of RERA Authority - Held, the stringent provision under Section 43(5) mandates the deposit of a pre-requisite amount with the Appellate Tribunal before the appeal is entertained - Even if the Appellate Authority decides on maintainability, the hearing constitutes an appeal decision, necessitating the deposit - Appeal dismissed​​.

Real Estate Law - Legislative Intent - Consumer Protection - The Act aims at regulating and promoting the real estate sector efficiently and transparently while safeguarding consumer interests - The requirement of depositing the pre-requisite amount before appealing ensures that consumers are not dragged into unnecessary litigation by promoters or developers​​.

Decision - Dismissal of Appeal - The appeal challenging the need for a pre-requisite deposit was dismissed - Promoter must deposit the specified amount to proceed with the appeal under Section 43(5)​​.

Criminal Law - Murder Conviction - Section 302 IPC - Appeal against conviction for murder outside court premises - Eyewitnesses turned hostile - Trial court's reliance on consistent portions of hostile witnesses' testimonies upheld - Ballistic evidence confirmed cartridges matched pistols recovered from accused - Appellant’s appeal dismissed. [Paras 31, 50, 64]

Witness Protection and Fair Trial - Witness Protection - Duty of State - Several eyewitnesses, including police officials, turned hostile - Cross-examination of key witness delayed by six months, leading to witness being won over - Court emphasized the State's duty to protect witnesses and ensure fair trials - Adjournments criticized for causing witness intimidation and trial delays. [Paras 49, 50, 59, 64]

Judicial Directives - Speedy Trial and Witness Protection - Trial courts directed to comply with Section 309 Cr.P.C. for expeditious trial - Adverse remarks in ACRs of judicial officers for non-compliance - State instructed to amend IPC and Cr.P.C. to penalize witness intimidation - Mandatory immediate travel allowance and lodging for witnesses, security measures at their homes, and disciplinary actions against hostile police witnesses. [Para 62]

Decision:

The appeal is dismissed. The conviction and sentence of life imprisonment of the appellant are upheld. The trial court's handling of hostile witnesses and reliance on supportive portions of their testimonies, corroborated by ballistic evidence, were affirmed. The court issued comprehensive directives to ensure the protection of witnesses and the expeditious conduct of trials, emphasizing the State's role in safeguarding the criminal justice system's integrity.

Service Law - Promotion and Revised Pay Scale - Entitlement - Petitioners promoted to Superintendent Grade-I - Promotion order not withdrawn - Petitioners continued to work and retired as Superintendent Grade-I - Held, petitioners entitled to revised pay scale as per 2009 Rules from the date of promotion till retirement - Objection by respondents on the legality of promotion overruled - Petition allowed​​.

Service Law - Validity of Promotion - Impact on Pensionary Benefits - Petitioners' promotion to Superintendent Grade-I not withdrawn or challenged during service - Continued operation of promotion order ensures entitlement to revised pay scale and pension benefits as per higher post - Respondents' objection on probation period and promotion legality dismissed - Revised pensionary benefits directed as per 2009 Rules​​.

Decision - Grant of Revised Pay Scale and Pensionary Benefits - Court directed the respondents to grant revised pay scale of Superintendent Grade-I from the date of promotion till retirement and recompute pensionary benefits accordingly - Arrears to be calculated and released within specified periods - Writ petition allowed​​.

Service Law - Leave Encashment to Dismissed Employee - Validity of Precedent - Leave encashment - Judgment in Dhir Chand case held per incuriam - Clarified that leave encashment benefits only available at retirement (superannuation or premature) - Dismissed employees not entitled to leave encashment - Writ petition dismissed​​.

Service Law - Government Instructions - Clarifications on Leave Encashment - Haryana Government instructions examined - Leave encashment not available when employment ends due to dismissal - Benefits linked to retirement only without misconduct - Previous judgments clarified and overruled as not good law​​.

Decision - Dismissal of Petition for Leave Encashment - Court dismissed the petition for leave encashment by a dismissed employee - Cited consistent government instructions and judicial clarifications - Leave encashment strictly a retirement benefit​​.

Service Law - Pensionary Benefits - Delay in Release - Interest - Pensionary benefits including gratuity and leave encashment - Delay in release despite clearance of pending charge sheets - Held, benefits must be released within a reasonable time after retirement or after hurdles are cleared - Petitioner entitled to interest on delayed payment due to unjustified delay by the respondents - Writ petition allowed​​.

Service Law - Pending Charge Sheets - Impact on Pensionary Benefits - Two charge sheets were pending against the petitioner at the time of superannuation, resolved later with imposed penalties paid by the petitioner - Provident fund released timely but gratuity and leave encashment delayed without justification - Unjustifiable delay in releasing pensionary benefits warrants interest payment​​.

Decision - Interest on Delayed Pensionary Benefits - Court directed the respondents to calculate and pay interest at 9% per annum on delayed payments of gratuity and leave encashment from January 1, 2017, to the actual date of payment - Calculation and payment to be completed within specified periods​​.