Service Law – Departmental Enquiry – Acquittal in Criminal Case – Appellant, a constable, was dismissed from service after a departmental enquiry into charges of misconduct, including absence from duty and involvement in an obscene act – Criminal court acquitted the appellant of the charges under Section 294 IPC – Despite the acquittal, the disciplinary authority dismissed the appellant based on findings in the departmental proceedings – Trial court upheld the dismissal – On appeal, it was held that the charges in the departmental enquiry and criminal case were identical, and the acquittal was honorable – The court found the dismissal disproportionate to the charges – Held: Dismissal was unjustified, appellant entitled to reinstatement with 25% back wages [Paras 1, 5, 14, 38].

Honourable Acquittal – Effect on Departmental Proceedings – Appellant argued that the acquittal in the criminal case should have precluded dismissal in the departmental proceedings as the charges and evidence were the same – The court held that the acquittal was based on full consideration of the prosecution's evidence, and the prosecution had failed to prove the charges – Relying on precedents, the court concluded that honorable acquittal in criminal proceedings should impact departmental actions when both are based on identical facts [Paras 7, 14, 15, 39].

Punishment – Proportionality – Appellant was dismissed based on two charges: absence from duty for two days and alleged obscene conduct – The court noted that the absence was due to illness and the obscene conduct charge was based solely on the inconsistent testimony of one witness – The court emphasized that the punishment of dismissal was disproportionate to the proven misconduct – Held: The dismissal was shockingly disproportionate, and the appellant is entitled to reinstatement [Paras 9, 11, 37].

Decision:

Appeal allowed – Judgment of the Single Judge set aside – Termination of appellant’s services quashed – Appellant reinstated with 25% back wages and all other consequential benefits.

Cheque Bounce – Section 138 of the NI Act – Dishonour of Cheque – Conviction Upheld – Accused convicted under Section 138 of the NI Act for issuing a cheque of ₹1,50,000 that was dishonoured due to insufficient funds – Trial Court found that the accused did not dispute his signature on the cheque, and failed to rebut the presumption of liability – Appeal to Sessions Court and revision to the High Court were both dismissed – Held: Cheque carries presumption of consideration under Section 139, and the accused failed to provide any credible defence to rebut the presumption [Paras 6, 7, 19, 28].

Presumption of Consideration – The High Court reaffirmed that under Section 139 of the NI Act, once the issuance of the cheque is admitted, a presumption arises that it was issued for a legally enforceable debt – The accused’s mere denial or assertion that the cheque was issued as security is insufficient without leading evidence to rebut the presumption – In this case, no defence evidence was led, and cross-examination of the complainant did not discredit his version [Paras 16, 17, 19].

Notice of Dishonour – Valid Service – The complainant served a notice of dishonour upon the accused, demanding payment within 15 days – The accused challenged the receipt of the notice, but the Court held that the address used was correct, and a presumption of valid service under Section 27 of the General Clauses Act applied – No evidence was led to rebut this presumption, and the accused failed to make payment despite receiving summons from the Court [Paras 32, 33].

Sentence and Compensation – Imprisonment in Default – Trial Court imposed a sentence of 7 months' simple imprisonment and ordered the accused to pay ₹1,80,000 in compensation, with a default imprisonment term of 2 months – The High Court found this sentence appropriate considering the legislative intent of Section 138 of the NI Act, which is both punitive and compensatory – The imposition of imprisonment in default of compensation payment was also upheld as legally valid [Paras 36, 38, 40].

Decision: Revision dismissed – Conviction and sentence under Section 138 of the NI Act upheld – Accused failed to rebut the statutory presumption of consideration or prove that the cheque was not issued in discharge of a debt [Paras 39, 41].

Taxation Law - Income Tax – Assessment of Amalgamated Entity – The appellant, Religare Enterprises Ltd. (successor of Religare Securities Ltd.), challenged assessment and reassessment orders issued in the name of the amalgamated entity, Religare Securities Ltd., which had ceased to exist post-amalgamation – The Court found that despite intimation of the amalgamation, the notices were issued in the name of the defunct entity, rendering the orders void – Held: Following the Supreme Court's decision in Maruti Suzuki, assessments in the name of a dissolved entity are a substantive illegality, not a procedural defect curable under Section 292B of the Income Tax Act [Paras 1, 36].

Reassessment Proceedings – Non-issuance of Notice to Amalgamated Entity – Notices under Sections 148 and 148A(b) were initially issued to Religare Securities Ltd., which had already merged with Religare Enterprises Ltd. – Petitioners contended that this omission was fatal to the reassessment – The Court noted that the reassessment was framed in the name of the dissolved entity, a defect that cannot be salvaged by mere participation in the proceedings or under Section 292B – The reassessment proceedings were quashed [Paras 5, 8].

Amalgamation and Tax Liability – Dissolution of Amalgamating Entity – The Court reiterated that upon amalgamation, the amalgamating entity ceases to exist, and all proceedings should be continued in the name of the amalgamated entity – The dissolution of the amalgamating entity by virtue of the sanctioned scheme meant any notice or assessment in its name was invalid ab initio – Cited Spice Entertainment Ltd. for the principle that an assessment against a non-existent entity is void [Paras 14, 15].

Decision: Writ petitions allowed – Notices and assessments framed in the name of the defunct Religare Securities Ltd. quashed – Reassessment proceedings declared invalid as they violated settled principles of law concerning amalgamated entities – Relief granted to the petitioner [Paras 38, 40].

Criminal Law - Section 210 CrPC – Clubbing of Complaint and Police Case – The petitioners sought quashing of orders, arguing that Section 210 CrPC mandates the clubbing of a complaint case with a police report where both pertain to the same offence – Held: Section 210 CrPC requires the Magistrate to stay the complaint proceedings when an FIR has been registered regarding the same offence. If the police report pertains to the same accused, the complaint case must be clubbed with the police case for a joint trial. The Magistrate must call for the police report and proceed accordingly [Paras 6-7].

Cross-Cases and Judicial Precedent – The petition involved cross-cases arising from the same incident – Held: As per the established practice in cross-cases, both cases should be tried by the same court, with the evidence in each case confined to that particular case. The Sessions Court was correct in declining to club the cases but erred in handling the cross-cases separately instead of following the procedure outlined in Nathi Lal vs. State of Uttar Pradesh, 1990 Supp SCC 145 [Paras 14-17].

Clubbing vs. Joint Trial – The Court clarified that while Section 210 CrPC mandates a joint trial of complaint and police cases, cross-cases should be heard separately, with judgments reserved and pronounced simultaneously. The evidence from one case cannot influence the outcome of the other [Para 12].

Decision: The petition is dismissed. The impugned orders do not suffer from illegality, and the procedure under Section 210 CrPC was correctly followed. The Sessions Judge’s approach in dealing with cross-cases is upheld, but the cases should be tried by the same Judge following the principles set out in Nathi Lal [Para 18].

Writ Jurisdiction – Request for CBI Investigation – Petition Dismissed – Petitioner, Geeta Gandhi, sought the court’s intervention under Article 226 to direct a CBI investigation into the alleged murder of her son, Kartik Gandhi, under mysterious circumstances in Leh – Held: The court found no compelling reasons to transfer the investigation from the Delhi Police to the CBI as there was no evidence to suggest any incompetency on the part of the local police – The petitioner failed to demonstrate any interstate or international ramifications of the case that would justify a CBI investigation [Paras 29, 30].

Allegations of Conspiracy – Lack of Substantive Evidence – The petitioner alleged that her son was murdered under a conspiracy involving several suspects, including Aditya Singh, who accompanied the deceased to Leh – Held: The court found that the petitioner’s claims of conspiracy were based on circumstantial evidence, and the investigation by the Delhi Police was already underway – The petitioner’s request for a CBI probe was rejected, as the allegations did not meet the threshold for transferring the case to a central agency [Para 28].

Judicial Oversight – Section 482 CrPC – Limited Scope – The court reiterated the principle that judicial interference in ongoing investigations should be minimal, especially when the investigation is being conducted by competent authorities – The petitioner had the option to approach the Magistrate under Section 156(3) CrPC for further investigation if required – The court also observed that the petitioner’s claims of a larger conspiracy lacked material evidence to warrant CBI intervention [Para 27].

Decision – The petition was dismissed, with the court holding that the Delhi Police should continue its investigation – The request for CBI intervention was declined, with liberty granted to the petitioner to approach the Magistrate if further investigation is required [Paras 31, 32].

Civil Procedure – Interim Orders – Ex-Parte Status Quo – Order 39 Rules 1 & 2 CPC – The respondent Trust sought an injunction to maintain access for devotees to offer prayers at a temple located on the disputed property – The trial court granted an ex-parte status quo order allowing prayers at the temple, despite pending applications for interim relief – Held: The ex-parte interim order was neither illegal nor perverse, as it aimed to protect the subject matter of the suit pending the disposal of interim applications – The High Court dismissed the appeal, directing the trial court to expedite the decision on the interim applications [Paras 14-20].

Res Judicata – Status Quo and Rights of Devotees – The appellants argued that the status quo order extended by the trial court was unwarranted since the dispute involved multiple suits concerning possession of the land – Held: The issue of devotees' right to offer prayers at the temple was previously addressed by the High Court, which had permitted prayers while directing maintenance of the status quo – The continuation of the interim order was a valid exercise of judicial discretion to safeguard the status quo [Paras 10-12].

Decision: The writ petition and appeal were dismissed – The trial court’s order to maintain status quo and allow devotees to offer prayers was upheld – The trial court was directed to expedite the disposal of the interim injunction applications.

Criminal Law - Confiscation of Vehicle – Lack of Hearing Opportunity – The petitioner, the owner of the confiscated vehicle, challenged the SDM's confiscation order, asserting that he was not granted a reasonable opportunity to be heard, as required by Section 17(2) of the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 – Held: The SDM failed to comply with the statutory requirement of providing the vehicle owner an opportunity to present his case. The confiscation order was set aside on this ground [Paras 8, 10, 11].

Jurisdiction of Criminal Courts – Powers Under Section 482 CrPC – The petitioner directly approached the Sessions Court and the High Court instead of filing an appeal under Section 17(5) of the Act – Held: The Sessions Court and the High Court, exercising criminal jurisdiction under Sections 397, 401, and 482 CrPC, have the authority to review such orders if the competent authority failed to follow statutory procedures. The remedy under Section 17(5) does not bar the exercise of inherent powers of the criminal courts in such cases [Paras 15, 16, 17].

Violation of Principles of Natural Justice – The Court emphasized the duty of quasi-judicial authorities to follow statutory requirements, especially when confiscating property, and the failure to do so constitutes a violation of natural justice. The confiscation order was quashed, and the vehicle was ordered to be released to the petitioner [Paras 18, 19].

Decision: The petition is allowed, and the confiscation order dated 10.04.2024 is set aside. The petitioner’s vehicle is to be released upon furnishing an undertaking that it will be produced in court if required, and the petitioner is restrained from transferring the vehicle without prior permission from the competent authority [Paras 19, 20].

Civil Procedure – Application for Additional Evidence – Order 18 Rule 17 CPC – Petitioner sought to introduce Jamabandi for the year 2021-22 as additional evidence to rebut the respondents’ claim in a suit involving the validity of a Will – The trial court dismissed the application on the grounds that the proposed evidence was not relevant to the suit property – Held: The court should adopt a liberal approach in allowing evidence that aids in the complete adjudication of the matter – The production of Jamabandi is necessary for a fair decision, and its rejection would unduly prejudice the petitioner’s case – Order set aside, and the petitioner is granted one opportunity to tender the proposed evidence [Paras 7-9].

Wills – Challenge to Will – Additional Evidence – The petitioner challenged the Will dated 05.09.2005 executed by the father of the parties, alleging it was forged – The respondents claimed the Will was valid and that the petitioner had already received his share of the property – Held: The production of the Jamabandi is crucial to contest the respondents' claims and to establish whether the petitioner has already received his share in the property, as claimed by the respondents [Para 4].

Liberal Approach – Additional Evidence in Civil Matters – Courts should not adopt a rigid approach in rejecting additional evidence that may assist in deciding the controversy – Held: Delay in producing additional evidence can be rectified by imposing costs, and the court must prioritize a decision on the merits over technicalities [Paras 8-9].

Decision:

Petition allowed – The impugned order dated 12.09.2024 is set aside – Petitioner is granted one opportunity to tender the proposed evidence (Jamabandi for the year 2021-22) before the trial court, subject to payment of ₹5,000 as costs – Failure to comply with this order will result in the automatic vacation of the relief granted – Respondents may file an application to recall the order within 30 days if unsatisfied [Paras 9-12].

Urban Land Ceiling – Acquisition of Land – Proceedings Quashed – The petitioners, members of Gopal Nagar House Buildings Society, challenged the acquisition of their land under the Urban Land (Ceiling and Regulation) Act, 1976, arguing that the land was agricultural and exempt from the provisions of the Act. They contended that the authorities failed to issue notice to the society before preparing the draft and final statements under the Act. The court found that the authorities acted in violation of Section 6(2) and Rule 5(2) of the Urban Land (Ceiling and Regulation) Rules by failing to issue notices to the society and its members. Held: The acquisition proceedings were quashed, and the order of the learned Single Judge was upheld [Paras 15, 18, 26].

Delay and Laches – Discretion under Article 226 of the Constitution – The court held that delay in filing writ petitions does not automatically disentitle a party to relief if the matter involves manifest illegality or violation of fundamental rights. In this case, the court found that the delay in challenging the acquisition proceedings was justified due to the continued possession and interest of the society in the land [Paras 32-34].

Final Statement and Possession – Invalidity of Proceedings – The court ruled that the final statement issued under Section 9 of the Act, followed by possession taken under Section 10(5), was invalid because the society and its members were not served with any notice. The subsequent allotment of the land to the Hyderabad Metropolitan Development Authority was also held to be void [Paras 25, 28].

Decision:  The writ appeals filed by the Hyderabad Metropolitan Development Authority were dismissed, and the writ petitions filed by Gopal Nagar House Buildings Society were allowed. The acquisition proceedings under the Urban Land (Ceiling and Regulation) Act were quashed, and the government order allotting the land to the development authority was set aside [Paras 35-38].