Contract Law – Dealer Agreement – Appellant, a public sector oil corporation, introduced digital e-locking and VSAT systems in retail outlets – Imposed monthly and annual charges on the respondent-dealer without explicit consent – Single Judge held such unilateral imposition invalid under dealership agreement terms – Appeal by appellant dismissed – Corporation required to bear installation and maintenance costs as per agreement [Paras 1-16].

Maintainability of Writ Petition – Alternative Remedy – Appellant contended writ petition not maintainable due to arbitration clause – High Court held alternative remedy does not bar writ jurisdiction in contractual disputes involving public authorities, relying on Supreme Court precedent – Appeal dismissed [Paras 15-16].

Decision – Appeal Dismissed – Held – Responsibility for installing and maintaining e-locking and VSAT systems lies with appellant-corporation – Imposition of charges on respondent-dealer without consent invalid – Writ petition maintainable despite arbitration clause – Costs not awarded – Pending miscellaneous petitions closed [Paras 13-16].

Civil Procedure – Amendment of Pleadings – Petitioner challenged the trial court’s partial rejection of the amendment application – Contention that proposed amendment did not change cause of action – High Court held proposed amendment only explained existing cause of action without introducing a new one – Trial court’s order set aside [Paras 1-16].

Amendment of Pleadings – Order VI, Rule 17 CPC – Legal principles governing amendments – Court emphasized amendments should be allowed if they are necessary for determining the real questions in controversy – Found that trial court erred in holding that proposed amendment introduced a distinct cause of action [Paras 3-13].

Limitation Issue – Preliminary Objection – Respondents’ objection on the ground of limitation discussed – Court held that merits of limitation objection cannot be decided at the amendment stage – Reaffirmed that the proposed amendment did not prejudice respondents as they could file an additional written statement [Paras 12-13].

Decision – Writ Petition Allowed – Held – Trial court’s order rejecting the amendment application in part set aside – Petitioner allowed to incorporate the amendment in the plaint – Respondents granted liberty to file additional written statement [Paras 14-16].
 

Civil Procedure – Revision under Section 115 CPC – Challenge to appellate court’s reversal of trial court’s decree – Trial court awarded token damages for wrongful confinement and defamation by police officer – Appellate court set aside decree for lack of evidence of confinement and reputational damage – Revision petition dismissed, appellate court’s decision upheld [Paras 1-14].

Law of Torts – Wrongful Confinement and Defamation – Trial court found police officer wrongfully confined and defamed the petitioner, awarded token damages – Appellate court found no evidence of confinement or reputational damage – Revision petition found no grounds to overturn appellate court’s findings – Emphasis on requirement of clear evidence for claims of reputational damage [Paras 7-13].

Evidence – Burden of Proof – Plaintiff must prove reputation and damage – Conflicting witness testimonies – Lack of evidence supporting confinement or reputational harm – Appellate court’s re-evaluation of evidence found no material irregularity [Paras 6-10].

Decision – Civil Revision Petition Dismissed – Held – No error in appellate court’s findings – Evidence insufficient to support claims of wrongful confinement and reputational damage – No costs awarded [Para 11].
 

Electricity Act – Unauthorized Use of Electricity – Inspection Report and Assessment – Appeal against Single Judge’s order dismissing writ petition on grounds of alternative remedy under Section 127 of Electricity Act – Appellant alleged excess usage but no unauthorized consumption – Court held Section 126 not applicable as no unauthorized means of electricity use were detected – Writ petition restored for adjudication [Paras 12-44]. 

Supply Code – Regularization of Excess Load – Clause 15.7(iii) – Consumption exceeding sanctioned load not deemed unauthorized use if billed on demand basis – One month notice required for regularization – Inspection report lacking evidence of unauthorized use – Remedy under Article 226 appropriate [Paras 25-33]. 

Decision: Appeal allowed – Single Judge’s order set aside – Writ petition restored for adjudication on merits [Paras 41-44]. 

Evidence Law - Misdescription of Property – Oral Evidence Admissibility – Petitioner sought to clarify boundaries in sale deeds mentioning incorrect plot numbers. High Court held trial court erred in disallowing cross-examination on misdescription of property boundaries. Oral evidence admissible under Section 92's proviso for proving genuine mistakes [Paras 11-12].

Provisions of Sections 91 and 92 of Indian Evidence Act – Sections 91 and 92 exclude oral evidence contradicting written documents, except in cases of fraud, illegality, or mistake of fact/law. High Court noted genuine misdescription qualifies for exception, allowing oral evidence to correct document inaccuracies [Paras 8-10].

Facts of the Case – The petitioner filed Title Suit No. 23 of 2011 for declaration of title and confirmation of possession of land, where the sale deed had an incorrect plot number. The trial court debarred cross-examination regarding the boundary mentioned in the sale deed, citing Sections 91 and 92 of the Indian Evidence Act [Paras 2-3].

Grounds for Appeal – The petitioner argued that the trial court misunderstood the application of Sections 91 and 92, as the intent was not to alter the document but to clarify a mistake in plot number. The petitioner referenced past admissions and rectifications by the vendor and a panchayati agreement acknowledging the mistake [Paras 4-5].

Judicial Reasoning – The court highlighted that the provisions of Sections 91 and 92 aim to prevent alteration of written documents through oral evidence. However, exceptions exist for proving genuine mistakes, such as misdescription of property. The court cited precedent cases supporting the admissibility of oral evidence to correct such mistakes [Paras 6-10].

Conclusion – The court concluded that the petitioner's request to cross-examine on the boundary was valid under the exceptions provided in Section 92 of the Indian Evidence Act. It was crucial for determining the correct plot number and establishing the petitioner's title and possession claims [Paras 11-12].

Decision: Civil Miscellaneous Petition allowed – Orders dated 22.04.2016 and 02.03.2017 by learned Munsif-I, Munger set aside – Petitioner permitted to cross-examine respondent on boundary discrepancies [Paras 13-14].
 

Unfair Labour Practices – Temporary Appointments – Permanency – Industrial Court directed continuation of services and grant of permanency to employees appointed temporarily without a selection process – High Court found Industrial Court’s decision erroneous as it failed to consider the backdoor entry and temporary nature of appointments – Orders of Industrial Court set aside, petitions allowed [Paras 1-36].

Public Employment – Articles 14 and 16 – Regularisation of Service – Appointments to public service must comply with constitutional requirements of equality and non-discrimination – Temporary employees appointed without a selection process do not have the right to claim permanency – Reference to Umadevi case emphasizing regularisation only under exceptional circumstances [Paras 19-21, 26-28].

Procedure under MRTU & PULP Act – Clause 4C of Model Standing Orders – Completion of 240 days of service does not automatically entitle temporary employees to permanency in absence of sanctioned posts and due selection process – Industrial adjudicators must balance principles of fair play and justice while settling industrial disputes [Paras 11-12, 15-18].

Decision:

Writ petitions allowed – Industrial Court’s common judgment and order dated June 19, 2002, set aside – Complaints filed by respondents dismissed [Paras 35-36].

Disciplinary Proceedings – Natural Justice – Denial of Defence Assistance – Petitioner not allowed to engage preferred defence representative, leading to a claim of violation of natural justice – Court held enquiry officer’s refusal to issue notice to proposed defence representative not in violation as the representative failed to appear on scheduled dates – Argument lacking merit [Paras 28-34].

Judicial Review – Procedural Fairness – Court’s role limited to examining decision-making process for arbitrariness, irrationality, unreasonableness – Emphasized that the scope of judicial review includes ensuring decisions are not perverse, irrational, or grossly disproportionate [Paras 23-26].

Proportionality of Punishment – Removal from Service – Incident of scuffle led to petitioner’s removal – Court found the punishment shockingly disproportionate, considering it a single incident without premeditation – Ordered substitution of dismissal with reduction in grade and continuity of service for retirement benefits without back-wages [Paras 41-48].

Decision:Writ Petition Allowed – Orders of dismissal from service set aside – Directed reduction to a grade lower than what petitioner held at time of punishment – No back-wages but continuity of service for retirement benefits like provident fund, gratuity, pension, and leave encashment to be provided [Paras 46-49].
 

LOC and Travel Permission – Investigation by SFIO – Petitioner’s request to suspend LOC and permit travel abroad was declined by the Special Judge – High Court upheld this decision emphasizing the ongoing investigation involving significant economic offenses – Court found that petitioner failed to fully disclose assets and there was a risk he might not return to face investigation – National interest prioritized over individual interest to attend personal events [Paras 1-30].

Investigation and Asset Disclosure – Court noted discrepancies in petitioner’s disclosure of assets, with substantial financial interests abroad, undermining trustworthiness – Importance of full and truthful disclosure in such cases underlined [Paras 22-24].

Risk of Flight – Highlighted the petitioner’s significant overseas interests and family residing abroad as factors increasing flight risk – Court stressed national and economic interests over personal liberties in such serious economic offense investigations [Paras 25-27].

Judicial Precedents – Distinguished from cases where travel was allowed due to different contexts or stages of investigation, stressing that each case must be assessed on its individual facts [Paras 28-29].

Decision: Writ petition dismissed – Reliefs seeking permission to travel abroad denied – Court found no illegality or incorrect approach by the Special Judge in the impugned order [Paras 30-31].
 

Encroachment Removal – Interim Protection – Petitioners challenged the demolition of structures on land claimed to be private, arguing that the JDA’s actions were beyond their authority under Section 72 of the JDA Act, as the land was not public. The court considered the interim prayer due to the Vacation Bench's limited role and emphasized that individual cases were not adjudicated by the Division Bench's general directions [Paras 1-13].

Land Acquisition – Possession and Title – Petitioners asserted rightful possession and title over the land, challenging the JDA's initiation of demolition without specific orders concerning their individual cases. The court noted the petitioners' claims of title and possession, providing interim protection until a Regular Bench could examine the matter post-vacation [Paras 16-24].

Right to Property – Article 300-A – The court referenced the Supreme Court’s recent judgment outlining the seven sub-rights under Article 300-A of the Constitution, emphasizing the necessity for the State to comply with these rights during land acquisition and related actions [Paras 19-20].

Decision – Interim Relief Granted – The court restrained the JDA from demolishing the petitioners' property on private land, recognizing their entitlement to protection under Article 226 of the Constitution. The matters were scheduled for hearing before a Regular Bench [Paras 27-28].