Service Law – Seniority – Inter-Commissionerate Transfer (ICT) – Deputation followed by absorption – Impact on Seniority – Held: An ICT transfer is to be treated as a deputation until formally absorbed – Seniority is to be reckoned only from date of absorption in the new Commissionerate, not from date of deputation/joining – High Court upheld the CAT’s direction that transferred Inspectors are junior to promotees in the transferee Commissionerate – Circular No. 8/2011 and Rule 5(2) apply – Earlier position treating such transferred officers as seniors was contrary to rules – [Paras 5, 10, 11, 12, 15, 17, 19, 20, 22]

Seniority – Direct Recruits vs Promotees vs Transferees – Rule Position – Inspectors who came on ICT and later absorbed cannot claim seniority over those promoted in the new cadre during the interim – High Court clarifies that ICT is not an open transfer but a deputation on request, governed by Rule 5(2) of the 2011 Circular – [Paras 12, 15, 18]

Absorption – Date of Absorption Crucial – Mere joining on ICT does not imply immediate absorption – Only formal absorption confers rights to seniority in the new unit – Seniority cannot be retrospectively counted from the date of initial joining – [Paras 10, 12, 18]

Final Decision: OPs Dismissed – Orders of the Central Administrative Tribunal affirmed – Petitioners not entitled to seniority over departmental promotees in the transferee Commissionerates – [Paras 20, 22]

Criminal Law – Murder Trial – Triple Homicide – Acquittal – Accused Nos. 1 to 4 charged with conspiracy and murder of a family of three, including a minor – Trial Court convicted all under Sections 120-B, 109, 449, 201, 302, and 380 read with 34 IPC – On appeal, High Court found entire prosecution case based on circumstantial evidence riddled with legal and procedural inconsistencies – Held: Prosecution failed to establish a complete chain of circumstances beyond reasonable doubt – Conviction set aside – Accused acquitted [Paras 22.1 to 22.3, 27]

Circumstantial Evidence – Standards of Proof – Court reiterates five-fold test from Sharad Birdhichand Sarda v. State of Maharashtra – Each incriminating circumstance must be fully established – Circumstances must conclusively point only to guilt of accused and rule out any other hypothesis – Held: Prosecution failed to meet standard in proving any of the six circumstances relied upon – Acquittal warranted [Paras 22.1 to 22.3]

Witness Testimony – Hostile Witnesses – Key witnesses to recovery, last seen, seizure, and spot mahazars turned hostile – PWs.6, 14, 15, 21, 22, 23, 24, 28, 29, 33, 34 and others did not support prosecution version – Many admitted to signing documents under police instruction – Court found testimonies unreliable – Recovery and seizure proceedings found doubtful [Paras 18.2 to 18.27, 19.1 to 19.3]

Recovery Evidence – Gold Articles, Mobile Phones, Cash – Recovery from accused Nos. 2 to 4 not properly proved – Panch witnesses turned hostile – Mahazars Exs.P17, P18, P19, P27, P30, P33, P34, P38 and P48 lacked credible corroboration – No test identification or sealing of articles – Seizure of incriminating objects not proved – Held: Recovery unreliable and inadmissible [Paras 18.1 to 18.27]

Last Seen Theory – Prosecution relied on PWs.6 and 27 – Both turned hostile – No proximity in time between last seen and discovery of bodies – Held: Last seen theory neither legally nor factually established – Cannot form basis for conviction [Paras 19.1 to 19.3]

Forensic Evidence – Fingerprint Analysis – Fingerprints lifted from whisky bottle and tumblers at scene – Expert PW.53 claimed match with accused – However, whisky bottle (MO.72) not recorded in spot report (Ex.P66) by FSL expert PW.48 – Panch witnesses PW.16 and PW.17 turned hostile – No mahazar drawn during lifting – Held: Fingerprint evidence not trustworthy – Cannot be relied upon [Paras 20.1 to 20.13]

DNA Evidence – Hair Samples Recovered from Scene – DNA report (Ex.P116) linked hair to accused Nos.3 and 4 – But collection, custody, preservation, and chain of custody of samples not proved – Sample hairs not subjected to DNA profiling – Serious inconsistencies in who collected the hair and how it was preserved – Held: DNA evidence unusable due to procedural lapses and lack of credibility [Paras 21.1 to 21.24]

Investigation – Lapses and Public Pressure – High Court criticized police for rushed and perfunctory investigation – Found investigation driven by public pressure, including media briefings and rewards to officers – Basic procedures under Sections 100 and 102 CrPC not followed – Investigation found to be biased and lacking integrity [Paras 24.1, 24.2]

Trial Court – Judgment Criticized – High Court condemned trial court judgment for being mechanical and devoid of proper appreciation of evidence – Extensive verbatim reproduction of depositions without analysis – Findings lacked clarity and legal reasoning – Held: Judgment unsustainable in law [Paras 26.1 to 26.5]

Constitutional Law – Right to Fair Trial – Article 21 – Accused incarcerated for years before acquittal – High Court echoed Supreme Court’s concern on wrongful prosecution and long pre-trial detention – Observed potential need for compensation mechanisms in cases of wrongful incarceration [Para 24.2]

Decision: Appeals allowed – Conviction and sentence set aside – Accused Nos.1 to 4 acquitted – State appeal dismissed – Accused Nos.2 to 4 to be released forthwith if not required in any other case – Registrar General directed to circulate judgment to all trial courts [Paras 27, Order]

Motor Accident – Compensation – Just Compensation – Enhancement – Deceased government officer earning ₹68,360/month died in vehicular accident – Tribunal failed to account for full salary, future prospects and proper consortium benefits – High Court corrected computation, applying correct salary, future prospects @10%, and appropriate deduction principles – Compensation enhanced to ₹48,26,611 with 6% interest from claim date [Paras 1, 7, 11-17]

Motor Vehicles Act – Consortium and Conventional Heads – High Court applied principles laid down in Magma General Insurance Co. Ltd. v. Nanu Ram and Pranay Sethi – Spousal and parental consortium awarded separately with enhancement based on passage of time – Clarified that “loss of love and affection” subsumed under “loss of consortium” [Paras 13-14]

Family Pension – Deduction Permissible – Following Vishavjit Singh v. Cholamandalam MS General Insurance Co., Court held deduction of ₹17,090 towards family pension from compensation is legally valid – No interference warranted on that ground [Para 15]

Income Assessment – Error in Salary Calculation – Tribunal erroneously excluded full salary for November despite accident occurring on 23.11.2013 – Court recalculated monthly income at ₹68,360 and annual salary at ₹7,83,094 – After standard deductions and future prospects, net annual income assessed at ₹5,18,189 with multiplier 9, based on age of deceased [Paras 11-12, 16]

Decision: Appeal allowed – Compensation enhanced from ₹21,52,936 to ₹48,26,611 – Insurance company directed to pay enhanced amount of ₹26,73,675 with 6% interest from 16.12.2013 within 6 weeks – 25% to be released to widow, 25% to children equally, and 50% to be kept in fixed deposit for 5 years – Penal interest @9% if delay in payment – Court fee to be paid as per rules [Paras 17-20]

Family Law - Custody of Minor – Welfare of Child – Preference of Child – Guardians and Wards Act – Custody Retained with Grandparents – Father (appellant) sought custody of minor son from maternal grandparents and uncle – Family Court dismissed the custody application while granting visitation rights – High Court found that child (aged 11) had been in continuous custody of maternal relatives since birth (except for ~3 months) – Interaction by trial court confirmed child did not recognize or prefer to stay with father – Held: Welfare of the child is paramount – Child’s settled surroundings, education, comfort, emotional bonding with grandparents support continuation of current custody [Paras 9–14]

Natural Guardian – Not Absolute Right – Positive Test Not Satisfied – Though father is natural guardian and not unfit, mere absence of disqualification is insufficient – Father failed to satisfy “positive test” of better suitability for child’s welfare as laid down in Nil Ratan Kundu – Grandparents shown to be financially stable, educated, and capable of providing a stable and nurturing environment [Paras 7, 11]

Preference of Minor – Section 17(3) of Guardians and Wards Act – Not Sole but Relevant Factor – Trial Court’s direct interaction revealed the child to be emotionally bonded with grandparents and unwilling to stay with father – Held: Preference of child must be respected where consistent with welfare, particularly for children old enough to form intelligent judgment [Paras 11, 13–14]

Compromise Agreement – Not Conclusive of Welfare – Earlier custody temporarily given to father by mutual agreement in 2017 – Child taken back by respondents shortly after – Family Court found no material to show continued bonding or advantage in restoring custody to father – Compromise agreement not determinative of current welfare needs [Para 12]

Visitation Rights – Expanded in Appeal – Periodic Vacation Custody Granted – High Court upheld Family Court’s order with expanded visitation – Father allowed to take child for outings during Puja, Winter and Summer vacations initially for 7 days, later extendable to 15 days with child’s concurrence – Travel plans to be shared with grandparents, who may accompany if child desires – Custody to remain with grandparents until child attains majority [Para 14]

Decision: Appeal dismissed – Custody to remain with Respondent No.1 (maternal grandfather) – Father’s visitation rights expanded to include vacation trips with specified safeguards – No costs [Para 15]

Civil Law - Partition – Family Arrangement – Relinquishment of Share – Plaintiff claimed joint allotment in ancestral property along with her brothers under 1981 partition deed – Trial Court granted her 1/12th share – On appeal, High Court held that plaintiff and her mother had explicitly relinquished their share in favour of defendants 1 and 2 under Ex-B.34, the registered partition deed dated 25.09.1981 – Recitals, witness testimony (D.W.2), and conduct of parties including subsequent sale deeds corroborated relinquishment – Held: Plaintiff had relinquished her share and cannot claim co-ownership over suit properties – Trial Court erred in granting decree for partition [Paras 3.4, 10.2, 21–26, 34]

Documentary Evidence – Deficit Stamp Duty – Admissibility – Ex-B.34 marked in evidence without objection – Held: Under Section 36 of the Indian Stamp Act, once a document is admitted in evidence without objection, its admissibility on stamp duty grounds cannot be questioned later – Reliance placed on Javer Chand vs Pukhraj Surana and Shyamal Kumar Roy vs Sushil Kumar Agarwal – Stamp duty deficiency not a ground to reject Ex-B.34 [Paras 30–33]

Joint Possession – Onus and Proof – Plaintiff relied on water tax and electricity bills in name of second defendant and claimed joint possession – High Court held that such payment, without ownership evidence, does not establish joint possession – Plaintiff or her husband could be permissive occupants – No evidence of co-ownership or separate allotment found – Held: Plaintiff failed to prove joint possession and suit valuation incorrect [Paras 36]

Limitation – Challenge to Registered Documents – Plaintiff did not challenge Ex-B.34 (1981), Ex-B.36 (1983), or Ex-B.3 (1986) within limitation period – Court held that claim barred by limitation under Articles 58 and 59 of Limitation Act – Plaintiff cannot seek partition in absence of challenge to earlier relinquishment [Paras 10.6, 34]

Decision – Appeal allowed – Judgment and decree of Trial Court set aside – Suit for partition dismissed – No costs [Paras 37]

Writ of Habeas Corpus - Preventive Detention – Non-consideration of Representation – Violation of Article 22(5) – Detention confirmed under Section 9(f) of the PIT NDPS Act – Petitioner contended that representation dated 08.02.2025 was not considered independently by State Government – Court found no mention of such consideration in confirmation order (Annexure-B) or related files – Held: Representation must be considered independently of Advisory Board opinion – Failure to do so violates constitutional mandate under Article 22(5) – Detention vitiated [Paras 11–16, 19]

Detention – Right to Representation to Central Government – Detenue not informed of right to make representation to Central Government under Section 12(1)(b) of the PIT NDPS Act – Held: Obligation exists under Article 22(5) to inform detenue of such right – Failure to communicate this vitiates the order – Supported by SC ruling in Kamleshkumar Ishwardas Patel v. Union of India [(1995) 4 SCC 51] [Paras 20–22]

Preventive Detention – Independent Application of Mind – Confirmation order (Annexure-B) merely reproduced draft order based on Advisory Board report – No independent examination of detenue’s representation found in file – Held: Confirmation must reflect independent reasoning by competent authority – Mechanistic approval insufficient – Quashed [Paras 15–16]

NDPS Offences – Habitual Offender Allegation – Detenue had 12 prior NDPS cases, several pending trial – Alleged to be involved in organized trafficking from Tamil Nadu and Andhra Pradesh – Court held such allegations, though serious, do not override procedural safeguards under Constitution – Preventive detention must satisfy strict compliance with statutory and constitutional mandates [Paras 2–5, 23]

Decision – Detention order dated 27.12.2024 and confirmation order dated 20.03.2025 quashed – Writ petition allowed – Operative portion to be communicated to prison authorities immediately [Para 23]

Civil Procedure – Rejection of Plaint – Cause of Action – Agreement of Sale – Petitioner sought rejection of plaint under Order VII Rule 11 CPC on the ground that the agreement of sale stood terminated by notice dated 15.01.2021 – Respondent had not specifically sought declaration of termination notice as illegal – Held: Though termination was pleaded, petitioner accepted further sale consideration even after the deadline fixed under the agreement, thereby giving rise to triable issues – Suit cannot be rejected at threshold for lack of cause of action [Paras 13–15, 19–20].

Contract Law – Specific Performance – Time as Essence – Clause in agreement made time essence by fixing 01.10.2019 for payment of balance sale consideration – Respondent paid additional Rs.1.05 crores after deadline on 03.10.2019 and 10.10.2019 – Held: Petitioner’s conduct diluted clause regarding time being essence – Triable issue as to whether right to cancel was forfeited by conduct [Paras 18–19].

Contract Law – Termination of Agreement – Relief of Declaration – Failure to separately challenge termination notice – Held: Not fatal – Validity of termination is inherent in the prayer for specific performance – Issue of validity of termination to be decided at trial – Suit cannot be rejected merely for omission to seek declaratory relief [Para 20].

Civil Procedure – Trialable Issues – Full-Fledged Trial Required – Disputed facts surrounding termination, acceptance of payment, and readiness and willingness of plaintiff require adjudication after evidence – Rejection of plaint unwarranted at preliminary stage [Para 20].

Decision:

Civil Revision Petition dismissed – Order of trial court refusing to reject plaint upheld – Suit for specific performance to proceed to trial – No order as to costs [Paras 21–22].

Arbitration – Delay in Filing under Section 34 – Deficit Court Fee – Filing Held Non-Est – Petition under Section 34 originally filed with Rs.10/- stamp duty, omitting full court fee of Rs.1,01,000/- – Award was also not filed along with original petition – Original filing held to be not proper – Proper filing deemed to have occurred only when full court fee and award were submitted on 23.06.2025 – This exceeded 120-day limitation period under Section 34(3) – Delay not condonable – Petition rejected as time-barred [Paras 6, 20, 25, 29-30].

Civil Procedure – Proper Filing Requirement – Photocopy of Arbitral Award filed with original petition – Original award submitted only later – Court held initial filing valid to limited extent – Copy of award sufficient for prima facie presentation, but deficit court fee remains fatal – Presentation becomes valid only upon payment of full court fee [Paras 22–25, 29].

Arbitration – Deficit Court Fee – Delay Not Condonable – Court reiterated binding nature of Section 34(3) – Filing with insufficient court fee does not stop the clock – Full court fee must be paid within 120 days – Application beyond that period not maintainable – Reliance placed on Veeyar Engineers, Waaree Energies, and Simplex Infrastructure – Northern Railway case distinguished as not applicable to deficit fee situations [Paras 26–30].

Professional Conduct – Counsel Misconduct – Applicants claimed that original advocate had taken fee but failed to file court fee or award – Court held such conduct unfortunate but held that negligence of counsel cannot override statutory limitation – Remedy lies in filing complaint with Bar Council [Para 31].

Applications dismissed – Delay of 690 days in both representation and deficit court fee not condonable under Section 34(3) – Arbitration Petition rejected at SR stage itself – Liberty granted to applicants to initiate proceedings against original counsel for professional misconduct [Paras 30–32].

Criminal Law – Rape – Quashing on Settlement – Gang Rape and Abduction – Petitioners accused of abducting and repeatedly raping the de facto complainant under threat and confinement – Despite affidavit of compromise by victim, High Court refused to quash proceedings – Held: Offences of rape, especially gang rape, are crimes against society, not merely private wrongs – Settlements cannot override public interest in prosecuting such grave offences [Paras 1-8, 14-16]

Compromise – Non-Permissibility in Heinous Offences – Victim filed affidavit citing pressure from relatives and disinterest in prosecution – Court reiterated that compromise has no role in cases involving rape, abduction, and offences of mental depravity – Cited binding precedents from Supreme Court: Gian Singh, Parbatbhai Aahir, Madanlal, Ramji Lal Bairwa, and In Re: Right to Privacy of Adolescents – Held: Proceedings cannot be terminated under Section 482 CrPC in such serious cases [Paras 9-13]

Section 482 CrPC – Inherent Powers – Scope – High Court has limited discretion to quash criminal proceedings – Court emphasized that quashment cannot be resorted to when prosecution records prima facie indicate commission of grave offences – Compromise with victim, even if genuine, cannot justify interference in serious criminal matters involving dignity and bodily integrity [Paras 13-14]

Gender Justice – Offence Against Woman – Protection of Dignity – Court stressed that crimes like rape violate bodily autonomy and societal values – Attempt to settle such offences undermines rule of law and weakens criminal justice system – Dismissal of petition necessary to uphold constitutional and statutory protections for victims [Paras 11-13, 15]

Decision: Criminal miscellaneous case dismissed – Petitioners not entitled to quashment of proceedings under Section 482 CrPC despite victim’s affidavit – Trial to proceed before Sessions Court.