Criminal Law – Bail – Foreign Nationals – Bail application by Chinese national charged with various offenses including forgery, fraud, and visa overstay. The court evaluated the risk of reoffending, the gravity of the offenses, and the likelihood of the applicant fleeing the country. Held that the applicant poses a high flight risk, and there is no existing legal framework or treaty with China to secure the applicant’s return if he absconds. Bail denied [Paras 20-80].

Foreign Nationals – Legal Rights – Detailed discussion on the constitutional and procedural rights of foreign nationals facing criminal trials in India, including the right to a fair trial, legal aid, and translator services. Emphasized the need for international legal frameworks to manage such cases effectively [Paras 9-17, 81].

Flight Risk – Assessment – Extensive assessment of the applicant’s potential to flee, considering past violations of Indian laws, overstaying visa, involvement in organized crime, and lack of legal mechanisms for extradition from China. Held that granting bail would jeopardize the judicial process [Paras 44-70].

National Security and Economic Impact – Highlighted the severe implications of economic offenses by international crime networks on national security and economy. Cited the importance of deterring such activities through strict judicial measures [Paras 39-43].

Decision: Bail application dismissed. Court directed the trial to be expedited and provided a translated copy of the order to the applicant [Paras 78-80].

Criminal Law – Murder Conviction – Appellant convicted for the murder of his wife by pouring kerosene on her and setting her on fire – Trial court’s judgment affirmed by High Court – Dying declarations found to be consistent and reliable, pointing to the appellant’s guilt – No exceptions under Section 300 IPC applicable – Appeal dismissed, conviction and sentence affirmed [Paras 1-24].

Dying Declarations – Admissibility and Reliability – Multiple dying declarations recorded by different authorities – Consistency among declarations ensured their reliability – Declarations found to be true and voluntary, with no evidence of tutoring or prompting – Supreme Court precedents cited to support the admissibility of uncorroborated dying declarations [Paras 10-17].

Intoxication – Section 86 of IPC – Voluntary intoxication not considered a mitigating factor – Appellant’s habitual intoxication and prior domestic abuse noted – Court emphasized accountability despite intoxicated state [Paras 21-22].

Decision: Appeal dismissed – Conviction and sentence for murder under Section 302 IPC affirmed – Appellant directed to surrender to complete remaining sentence.

Contract Employment – Regularization of Services – Special Magistrate Courts established to reduce case pendency – Employees recruited on contract basis through a selection process – Government refusal to regularize services due to absence of specific enabling provisions – Comparability with Fast Track Courts whose contract staff were regularized based on Supreme Court direction [Paras 1-20].

Supreme Court Rulings – Umadevi Case – Distinction between irregular and illegal appointments – Irregular appointments can be regularized if appointed through a transparent process – Court directed regularization of petitioners appointed through due selection process, aligning with principles from Umadevi and Renu cases [Paras 13-18].

Precedent from Telangana High Court – Contract employees in similar circumstances were directed to be regularized – Public interest in retaining experienced employees [Paras 16-17].

Decision – Writ Petitions Allowed – Directed respondents to regularize services of petitioners within three months – No costs ordered [Para 20].

Criminal Law – Murder Conviction – Appellant convicted for the murder of his wife by setting her on fire – Trial court’s judgment affirmed – Appeal dismissed based on consistent dying declarations by the deceased to police and magistrates – Court finds no grounds for mitigating the charge under Section 302 IPC despite claims of intoxication [Paras 1-25].

Dying Declarations – Reliability and Consistency – Multiple dying declarations recorded by different authorities – All declarations consistently pointed to the appellant pouring kerosene and setting his wife on fire – Court emphasizes that dying declarations can form the sole basis of conviction if found trustworthy and consistent [Paras 10-17].

Intoxication and Culpability – Appellant’s state of intoxication not a mitigating factor – Section 86 of the Indian Evidence Act applied – Voluntary intoxication does not exonerate the appellant from culpability – Court affirms that the appellant had the intent to cause death [Paras 21-22].

Decision: Appeal dismissed – Conviction and sentence affirmed – Appellant directed to surrender to serve remaining sentence as per trial court’s judgment [Paras 24-26].

Contract Employment – Regularization of Services – Special Magistrate Courts established to reduce case pendency – Employees recruited on contract basis through a selection process – Government refusal to regularize services due to absence of specific enabling provisions – Comparability with Fast Track Courts whose contract staff were regularized based on Supreme Court direction [Paras 1-20].

Supreme Court Rulings – Umadevi Case – Distinction between irregular and illegal appointments – Irregular appointments can be regularized if appointed through a transparent process – Court directed regularization of petitioners appointed through due selection process, aligning with principles from Umadevi and Renu cases [Paras 13-18].

Precedent from Telangana High Court – Contract employees in similar circumstances were directed to be regularized – Public interest in retaining experienced employees [Paras 16-17].

Decision – Writ Petitions Allowed – Directed respondents to regularize services of petitioners within three months – No costs ordered [Para 20].

Seniority – Counting of Service Period – Contractual to Regular Appointment:
Private respondents initially appointed as Junior Engineers (Electrical) on a contractual basis but through the regular recruitment process – Services regularized without interruption – Entitlement to seniority from the date of initial contract appointment – Contractual appointments made following due process under R&P Rules – Distinction between regular and ad-hoc appointments highlighted [Paras 1-29].

Contractual appointment policy seen as exploitative – Appointments followed due process as per R&P Rules, hence regularization must consider initial appointment date – Appellants’ argument that regular employees should not equate with contract-based ones refuted – Judgments in Rashi Mani Mishra and Amit Singh inapplicable due to different contexts [Paras 10-17].
Decision: Appeal dismissed – Judgment by learned Single Judge upheld – Seniority of private respondents to be counted from initial contract appointment date – Regularization affirmed without interruption [Para 29].
 

Taxation Law – Refund and Interest – Petitioner, a registered dealer under DVAT and CST Acts, sought refund of excess tax paid for the fourth quarter of AY 2016-17 and the first quarter of AY 2017-18 – Petitioner provided ‘C’ forms for concessional rate of interest – Refund claims not processed timely; petitioner moved writ petitions – Respondents eventually sanctioned refunds but without interest – Petitioner challenged orders rejecting interest on the delayed refunds – High Court held that petitioner is entitled to statutory interest on delayed refunds as per Section 42 of DVAT Act [Paras 1-27].

Legal Proceedings – Mandate of Section 42 DVAT Act – Court emphasized the mandatory nature of time limits set under Section 38 of DVAT Act for processing refunds – Delay in processing refunds cannot defeat the statutory right to interest – Court set aside impugned orders rejecting interest on refunds – Directed Respondents to grant simple interest at 6% per annum from the date refund was due till the payment date [Paras 16-27].

Procedure – Requirement of Filing DVAT-21 Form – Court reiterated that once a refund claim is made in the return, there is no additional obligation to file Form DVAT-21 – Refund claims embedded in the returns must be processed within the statutory period [Paras 20-21].

Decision: Writ Petition Allowed – Orders rejecting interest on delayed refunds set aside – Respondents directed to pay simple interest at 6% per annum on the refunded amounts – Interest to be computed from the date the refund was due as per the statutory provisions – Refund and interest to be paid within four weeks from the judgment date [Para 27].

Article 227 – Supervisory Jurisdiction – Maintainability – Petitioner challenged the decision of the NCDRC upholding compensation for medical negligence – Preliminary objection on territorial jurisdiction of the High Court – High Court emphasized supervisory jurisdiction under Article 227 is limited to courts and tribunals within its territorial limits – Petition dismissed for lack of jurisdiction [Paras 1-14].

Territorial Jurisdiction – Supervisory Jurisdiction of High Court – The High Court cannot exercise jurisdiction under Article 227 over tribunals situated outside its territorial limits – Reference to L. Chandrakumar v. Union of India and subsequent case law confirming jurisdictional limits [Paras 7-13].

Decision – Writ Petition Dismissed – Held – The High Court lacks jurisdiction to supervise decisions of tribunals outside its territorial limits – Reaffirmed need for adherence to jurisdictional boundaries [Para 14-15].
 

Criminal Law – Conviction for Culpable Homicide Not Amounting to Murder – The appellant was convicted for the offence under Section 304 Part II IPC by the trial court, which sentenced him to seven years of rigorous imprisonment and a fine. The High Court examined inconsistencies in medical evidence and unexplained gaps in the victim’s treatment timeline, raising doubts about the causation of death directly from the alleged assault [Paras 1-24].

Medical Evidence – Inconsistencies – Discrepancies noted between injury reports by different medical officers and the autopsy report regarding skull fractures and other injuries. The absence of detailed explanation for treatment gaps questioned the direct link between the assault and the victim’s death [Paras 9-18].

Prosecution Case – Doubtful Evidence – The prosecution’s evidence revealed contradictions in the testimonies of key witnesses, including the informant and the medical officers, undermining the reliability of the complaint and the direct causation of death [Paras 9-18].

Benefit of Doubt – Two Possible Views – Following the principle that if two views are possible—one pointing to guilt and the other to innocence—the view favoring the accused should be adopted. The court found significant doubts in the prosecution’s case due to the unexplained treatment gap and inconsistent medical evidence [Paras 19-20].

Decision:

Appeal allowed – Conviction and sentence set aside – The appellant was found not guilty under Section 304 Part II IPC. The court ordered the appellant’s release, unless wanted in connection with any other case [Paras 21-24].