Service Law – Inter-Cadre Deputation – Order of Central Administrative Tribunal Set Aside – The petitioner, an Indian Forest Service officer from the Manipur Cadre, sought an extension of his inter-cadre deputation to Kerala for an additional two years due to personal difficulties – His initial deputation was granted on grounds of his father's old-age ailments and his family's location in Kerala – Both the State of Kerala and State of Manipur provided no objections for the extension – However, the Government of India rejected the extension request, citing a lack of cogent reasons and delay in submission – The Central Administrative Tribunal (CAT) dismissed the petitioner’s application for extension – On appeal, the High Court set aside the Tribunal's order and directed a fresh decision on the request for extension – [Paras 1, 2, 4, 11, 13]

Guidelines and Personal Difficulties – According to clauses (c) and (d) of the inter-cadre deputation guidelines, an extension is based on personal difficulties and requires review – The maximum period for inter-cadre deputation is five years – The petitioner’s original deputation was based on his father's ailments and his family's location in Kerala, which the Government of India initially accepted – The petitioner argued that these reasons still existed with worsened impact, warranting an extension – [Paras 4, 8-9]

Decision and Reconsideration – The High Court noted that the CAT found the petitioner’s request for extension was submitted in time and disagreed with the Central Government's claim of delay – The Court observed that the reasons for the petitioner’s initial deputation were still valid and held that the matter required reconsideration by the competent authority – The Court directed the Appointment Committee of the Cabinet to take a fresh decision on the petitioner’s extension request, allowing him to continue in Kerala until a decision is made – [Paras 10, 12]

Order – Appeal Allowed – The High Court allowed the original petition, setting aside the CAT's order and the Central Government's rejection of the extension request – It directed a fresh decision on the petitioner’s request for a further two-year extension of inter-cadre deputation to Kerala, effective from June 26, 2023 – [Paras 13].a

Contract Law – Coal Supply Dispute – Appeal Dismissed – Coal Pricing – Colliery Control Order 2000 – Imposition of Add-on Charges - CCL imposed add-on charges over the base price of coal, which the appellant paid under protest. The appellant contended that under the Colliery Control Order 2000, only CIL was authorized to fix coal prices and that CCL had no power to impose such charges - Held: The appellant unconditionally agreed to pay the enhanced price, and there was no evidence to suggest that CCL's demand for a 30% premium was for profiteering - Writ petitions were dismissed as no violation of Article 14 or profiteering was established [Paras 29-32].

Contractual Disputes – Maintainability of Writ Petitions - The respondents argued that the writ petitions were not maintainable as the dispute pertained to a commercial contract without any public law element. The appellant argued that the exercise of powers by the authorities under the statutes governing coal supply was being questioned - Held: The writ petitions were maintainable as they involved the exercise of statutory powers under the Essential Commodities Act and Colliery Control Order 2000 [Paras 35-37].

Price Fixation – Article 14 and Fair Pricing - The appellant claimed that the imposition of add-on charges violated Article 14 of the Constitution, arguing that no other subsidiaries of CIL imposed such charges. The respondents maintained that coal pricing involved various factors, and the appellant enjoyed the benefits of source-specific coal - Held: No evidence suggested that the price fixation was arbitrary or aimed at profiteering - Price fixation must ensure a fair price for the consumer while allowing for reasonable profit, but not profiteering [Paras 43-46].

Decision: Appeals dismissed – The learned Single Judge's decision to dismiss the writ petitions was upheld – No relief granted to the appellant regarding the refund of add-on charges/source-specific premium charges – Costs were not awarded [Paras 49-50].

Property Law – Settlement and Adverse Possession – Appellant's claim of adverse possession and rightful ownership dismissed – The trial court and appellate court found the plaintiff-respondent in possession and use of disputed land as appurtenant to his house since the time of ancestors (Para 21) – Defendant-appellant failed to prove purchase from the zamindar, as claimed, with conflicting evidence regarding the zamindar's identity weakening the case (Para 22) – Courts held that land need not be adjacent but in close proximity for beneficial enjoyment under Section 9 of the U.P. Zamindari Abolition & Land Reforms Act 1950 (Paras 10, 13, 17) – Appeal dismissed, upholding the trial court's decision (Para 28).

Easementary Right and Adverse Possession – Distinction – The court explained that easementary rights and adverse possession cannot be pleaded together – Easementary right pertains to beneficial use of another’s property for one's own property's enjoyment, while adverse possession involves hostile possession of another's property for a statutory period (Para 19) – Adverse possession requires peaceful, open, and continuous possession, which the defendant-appellant could not prove (Para 24) – The plaintiff-respondent's established possession negates the appellant's claim of adverse possession (Paras 24, 26).

Concurrent Findings of Fact – Not Interfered by Second Appeal – The appellate court affirmed the trial court's concurrent findings, emphasizing that such findings are not to be set aside unless shown to be perverse (Para 27) – The appellant's reliance on the weakness of the defendant’s case was insufficient to overturn the plaintiff's established title – The court emphasized that concurrent factual findings on the basis of evidence and pleadings are binding unless shown to contain errors in law or fact (Paras 29-31).

Decision: Second appeal dismissed – No interference with the concurrent findings of fact recorded by the trial court and appellate court – The plaintiff-respondent's possession and use of the land under Section 9 of the U.P. Zamindari Abolition & Land Reforms Act 1950 upheld – No order as to costs (Paras 32-33).

Criminal Law – Pre-Arrest Bail – Dismissed - Exercise of Extraordinary Power – The petitioners sought pre-arrest bail in a case registered against them for offenses under Sections 498-A, 504, 506, and 306 read with Section 34 of the IPC – The deceased had given a statement under Section 164 of the Cr.P.C. alleging harassment by the petitioners – The Court found that the petitioners were prima facie involved in the offenses and that custodial interrogation was necessary to uncover the circumstances leading to the deceased's suicide – Held: The power to grant pre-arrest bail is extraordinary and should be exercised sparingly, particularly in serious cases where custodial interrogation is required to ascertain the truth – Petitions dismissed [Paras 25, 67, 83].

Custodial Interrogation – Necessity in Investigation – The Court emphasized the importance of custodial interrogation in cases involving serious allegations like abetment to suicide – Held: Effective interrogation of a suspect is crucial and may be rendered ineffective if the suspect is granted pre-arrest bail – The need for custodial interrogation outweighs the liberty of the individual in this case [Paras 67, 83].

Consideration for Grant of Anticipatory Bail – The Court referred to the guidelines laid down by the Hon'ble Supreme Court, which highlight the necessity to balance individual rights, public interest, and fair investigation while considering pre-arrest bail – The grant of pre-arrest bail is not a rule but an exception and should be granted only when the court is convinced of exceptional circumstances [Paras 21, 25].

Decision:

Petitions for pre-arrest bail dismissed – The nature of the offense and the necessity for custodial interrogation disentitled the petitioners from the concession of bail – Observations made are confined to the disposal of these petitions and shall not impact the merits of the case [Para 83].

Compensation – Death Due to Negligence – Maintainability Under Article 226 – The petitioners sought compensation for the death of their minor son caused by the alleged negligence of the Municipal Corporation of Delhi (MCD) in maintaining its premises – Held: The High Court can entertain writ petitions under Article 226 for compensation in cases of violation of fundamental rights, including Article 21, where the State's negligence is evident – The Court found sufficient evidence of negligence by MCD in failing to maintain the premises, leading to the death – The writ petition is maintainable under Article 226 of the Constitution [Paras 15-18].

Res Ipsa Loquitur – Application in Public Law Remedy – The Court applied the maxim 'Res Ipsa Loquitur,' presuming negligence on the part of MCD – It was established that the falling of a slab from the MCD-owned premises caused the death, indicating clear negligence in maintaining a safe environment for the public – Held: The principle allows for the presumption of negligence based on the circumstances surrounding the case, justifying the awarding of compensation [Paras 19-21].

Quantum of Compensation – Calculation – The petitioners sought compensation of Rs. 20,00,000 – The Court applied principles from prior judgments, considering factors such as the age of the deceased, potential future prospects, and minimum wage rates – The Court awarded Rs. 10,00,000 along with simple interest at 6% per annum from the date of death until realization – The compensation was computed based on loss of dependency and pecuniary losses, with the amount being adjusted for inflation [Paras 22-34].

Decision – Compensation Awarded – The Court directed the Municipal Corporation of Delhi to pay Rs. 10,00,000 as compensation with interest at 6% per annum from the date of death – In case of non-compliance, the petitioners would be entitled to an additional simple interest at the rate of 10% per annum – The writ petition was disposed of with these directions [Paras 34-35].

Motor Vehicle Accident – Compensation – Negligence Not Established – The Insurance Company challenged the Tribunal’s findings of negligence and liability on the grounds that the deceased driver of the motorcycle had consumed alcohol at the time of the accident – Held: Merely detecting alcohol in the stomach during the post-mortem is insufficient to prove intoxication or negligence – No other evidence was presented to establish that the driver was under the influence of alcohol or driving negligently at the time of the accident – Tribunal’s decision upheld regarding the liability of the Insurance Company [Paras 22-23, 30].

Insurance Policy Conditions – Occupant of Tractor Not Covered – The claim regarding the injury suffered by the respondent traveling on the tractor-trolley, which was insured under a "Farmer's Package Policy," was challenged on the grounds that the insurance did not cover the occupant as no premium was charged for such coverage – Held: The insurance was specific to agricultural use, and the policy covered only the driver – Occupant not covered under the policy – Insurance Company’s liability exonerated [Paras 24-26, 31].

Policy Violation – Tractor Used for Agricultural Purpose – The Insurance Company argued that the tractor was not being used for agricultural purposes at the time of the accident – Held: The Tribunal found that the tractor was being used to carry bricks for constructing a farm wall, which falls under agricultural purposes – Insurance Company liable for claims arising from the tractor’s use [Paras 26, 30].

Contributory Negligence – Multiple Riders on Motorcycle – The argument that having four persons on a motorcycle contributed to the accident was dismissed, as there was no evidence connecting the number of riders to the cause of the accident – Motorcycle collided with the tractor due to the latter’s negligence [Paras 28-29].

Interest on Compensation – Higher Rate as Penalty – The higher interest rate imposed by the Tribunal in case of delayed payment by the Insurance Company was found to be inconsistent with established legal principles – Interest adjusted to the standard rate of 6% p.a. [Para 32].

Criminal Law – Conviction under Sections 304-B and 498-A IPC – Appellants convicted for dowry death and cruelty towards the deceased (Paramjit Kaur) – Trial court sentenced them to 7 years rigorous imprisonment under Section 304-B IPC and 1 year under Section 498-A IPC – Appellants challenged the conviction, arguing that the dying declaration was unreliable and there was no evidence of cruelty or demand for dowry – Held: The prosecution proved that the deceased died due to poisoning within 7 years of marriage, and there was credible evidence of harassment and demand for dowry – Conviction upheld [Paras 1-32].

Dying Declaration – Reliability – The deceased, Paramjit Kaur, made a dying declaration implicating her husband (Mohinder Singh), father-in-law (Amrik Singh), and other relatives for harassment and dowry demands – The appellants argued that the dying declaration lacked a doctor’s fitness certificate – Held: The declaration, recorded by the Additional Chief Judicial Magistrate, was found credible and supported by other evidence, including witness testimonies and medical reports – The absence of a doctor's certificate did not invalidate the declaration [Paras 8-10, 30].

Presumption under Section 113-B of Indian Evidence Act – Dowry Death – The deceased died within 7 years of marriage and was subjected to harassment related to dowry – The court applied the presumption under Section 113-B of the Indian Evidence Act, shifting the burden of proof onto the accused – The appellants failed to rebut this presumption, and the prosecution’s evidence supported the conviction for dowry death under Section 304-B IPC [Paras 11-12, 26-31].

Medical Evidence – Cause of Death – The post-mortem and chemical analysis confirmed that the deceased died of poisoning by aluminium phosphide – The medical evidence corroborated the prosecution's case that the death was unnatural and related to dowry demands – No discrepancies in the medical testimony were found [Paras 19-21, 29].

Decision: Appeal dismissed – Conviction and sentence under Sections 304-B and 498-A IPC upheld – Pending applications, if any, also stand disposed of [Paras 32-33].

Murder Case – Conviction under Section 302 r/w 34 IPC – Discrepancies in FIR and Witness Statements – Conviction Upheld - The appellants were convicted for murder based on the testimony of eyewitnesses and evidence linking the blood-stained weapons recovered from the appellants to the deceased. The defense argued discrepancies in the timing of the FIR, contradictions in the accident register, and doubts over the presence of eyewitnesses. Held: The conviction was upheld, as the prosecution established the charges beyond reasonable doubt, and the discrepancies were deemed minor and insignificant [Paras 12-13, 19].

Credibility of Injured Witnesses – High Reliability – Duty to Discredit through Concrete Evidence – The appellants contended that the injured witnesses were unreliable, particularly regarding their failure to help the deceased and the alleged contradictions in their testimony. Held: Injured witnesses are generally considered highly reliable, and the defense failed to provide concrete evidence to discredit their testimony. Minor inconsistencies did not affect the core of the prosecution's case [Paras 15, 19].

Discovery of Weapons – Link with the Crime – Matching Blood Groups – The appellants argued that the recovery of weapons was unreliable due to the presence of blood of different groups on the knives. Held: The prosecution proved the connection between the recovered weapons and the crime, as the blood found on the knives matched the deceased's blood group. The presence of an additional blood group was consistent with the injuries sustained by the witnesses [Paras 16-17].

Delay in FIR Filing – No Impact on Prosecution's Case – The defense highlighted a delay of 3 hours in the registration of the FIR and discrepancies in the accident register, where the injuries were allegedly caused by "unknown persons." Held: The FIR was registered promptly and reached the court prior to the preparation of the accident register, rendering the discrepancy in the register irrelevant [Paras 12-13].

Minor Contradictions in Witness Statements – No Ground for Acquittal – The appellants argued that minor contradictions in witness statements about the timing and sequence of events should lead to their acquittal. Held: Minor contradictions did not affect the core issue of the case. The testimony of multiple eyewitnesses was consistent and corroborated by forensic evidence [Paras 14-15].

Decision – Appeals dismissed – The court upheld the conviction and sentences passed by the Trial Court in SC No. 10 of 2016. Both appellants were sentenced to life imprisonment and fines under Sections 302 r/w 34, 341, and 323 of the IPC [Paras 20-21].

Accident Claim - Just Compensation – Determining Compensation for Minor Victims – Pecuniary and Non-Pecuniary Losses – The Court addressed the criteria for determining compensation for parents of minor victims, incorporating inflation-adjusted notional income with future prospects and applying multipliers to reflect financial dependency and emotional loss – The Court mandated that compensations include pecuniary loss calculations and significant non-pecuniary awards to acknowledge parental grief and future dependency [Paras 7, 10-11, 45-47].

Legal and Moral Dependency on Minors – Future Financial Dependency and Societal Norms – Recognizing the unique cultural and statutory expectations in India, the Court observed that parental dependency on children extends beyond immediate financial support, meriting compensation for future dependency as a moral and legal right of parents under relevant statutes, including the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Held: Parents are entitled to compensation reflecting cultural norms of lifelong dependency on children [Paras 22-27, 33-34].

Statutory and Judicial Remedies for Minors' Death Compensation – Uniformity and Practical Implementation – Adopting two methodologies for calculating compensation—the inflation-adjusted notional income and the lump-sum method for railway accident compensation—the Court established an averaging approach to ensure fairness and consistency in awards for minor deaths, with inflation adjustments annually [Paras 69-73, 99-102].

Medical and Financial Safeguards – Investment and Insurance Mandate for Parents of Deceased Minors – The Court mandated that awarded compensation be invested in a cumulative fixed deposit, accessible upon parents reaching 60 years, with provisions for early withdrawal under certain circumstances – Further directed insurers to issue a minimum health insurance policy of Rs. 10 lakhs for parents, effective from the age of 60, covering potential medical needs in recognition of the dependency on minor children for long-term care [Paras 115-120].

Decision: Appeals allowed in part; enhanced compensation awarded as per methodology outlined with directives for fixed deposit investments and health insurance for parents, reaffirming financial security and societal care standards.