Natural Justice – Penalty Imposed Without Consideration of Reply – Non-Speaking Order – The petitioner challenged the penalty imposed for illegal mining, contending that the order was a non-speaking one, passed without considering her detailed reply – Held: A quasi-judicial authority must pass reasoned orders, and failure to do so violates the principles of natural justice – The impugned penalty order was set aside as it lacked reasons and failed to address the petitioner’s defense [Paras 3-6].

Principles of Reasoned Decision-Making – Requirement for Recording Reasons – The court emphasized that recording reasons is indispensable for ensuring transparency, accountability, and fairness in decision-making, as mandated by the Supreme Court in M/s Kranti Associates Pvt. Ltd. vs. Masood Ahmed Khan [(2010) 9 SCC 496] – Such reasons also facilitate judicial review and ensure that decisions are made on relevant grounds [Paras 7-8].

Decision: Petition allowed – The penalty order was set aside, and the matter was remitted to the respondents to decide afresh after providing the petitioner an opportunity of hearing [Para 9].
 

Constitutional Law – Article 19(1)(g) – Age-Based Restriction on Professional Licenses – West Bengal Electrical Licensing Rules 2017 – Constitutional Validity Upheld – The appellants challenged the imposition of an age bar under Rules 23(c) and 31(5) of the West Bengal Electrical Licensing Rules, 2017, as being violative of their right to profession under Article 19(1)(g) of the Constitution – The Court held that the age restriction did not violate Article 19(1)(g) as the regulation was in furtherance of public safety, a valid ground under Article 19(6) – The prescription of age was considered a valid qualification necessary for maintaining public safety in the electrical profession [Paras 42, 47].

State's Legislative Competence – Rule-Making Power under Section 180 of the Electricity Act, 2003 – Validity of Age Bar – The appellants argued that the age bar imposed under Rules 23(c) and 31(5) exceeded the State’s legislative competence under the Electricity Act, 2003 – The Court held that the State had the requisite competence under Section 180 of the Electricity Act, 2003 to prescribe qualifications, including age limits, for electrical supervisors, in the interest of public safety [Paras 45-48].

Public Safety – Justification for Age-Based Restrictions in Licensing – The Court found that the age-based restrictions on the renewal and issuance of electrical supervisor certificates were based on the rationale that individuals above the age of 70 may not be physically fit to ensure public safety in the electricity sector – The restriction was held to be reasonable and necessary to protect public safety [Paras 43, 49-52].

Decision:

Appeal dismissed – The constitutionality of Rules 23(c) and 31(5) of the West Bengal Electrical Licensing Rules, 2017, is upheld – No order as to costs.

Criminal Law – Pre-Arrest Bail – Section 376(2)(n) IPC – Allegation of Rape on False Promise of Marriage – Bail Granted – The petitioner, a lawyer, was accused of sexually exploiting the survivor while representing her in a domestic violence case. The prosecution alleged that the petitioner coerced the survivor into a sexual relationship by falsely promising marriage and later threatened her life. The Court held that there was no immediate evidence of a false promise, and the delay in registering the FIR further weakened the prosecution's case – Pre-arrest bail granted subject to conditions [Paras 6-15].

Criminal Procedure – Delay in FIR Registration – Significance in Sexual Offences – The Court noted the delay in lodging the FIR, which was filed more than a year after the first alleged incident. Given the consensual nature of the relationship and the survivor’s continued engagement with the petitioner even after the alleged incidents, the Court found no compelling reason to deny bail [Paras 10-12].

Consent and Misconception of Fact – Legal Position – The Court referenced several Supreme Court judgments distinguishing between breach of a promise to marry and a false promise made with fraudulent intent. The petitioner's case did not indicate a false promise made to induce the survivor into a sexual relationship, but rather a consensual relationship between two married individuals [Paras 10-15].

Decision:

Bail application allowed – Pre-arrest bail granted subject to conditions, including surrender before the Investigating Officer and compliance with specific bail conditions.

Criminal Law – NDPS Act – Compliance with Section 50 – Search and Recovery Validated – The appellant was convicted for possession of 0.4 grams of LSD, found in 30 square-shaped pieces. The appellant argued that the mandatory provisions under Section 50 of the NDPS Act were violated, particularly that he was not informed about his right to be searched before a Gazetted Officer or Magistrate. The Court, however, found that there was strict compliance with Section 50 as the appellant was informed in Hindi about his right, and this was confirmed by the independent witness and raiding officers. Minor discrepancies in the witness's testimony were not sufficient to invalidate the search [Paras 6-16].

Criminal Law – Section 52-A of NDPS Act – No Non-Compliance Found – The appellant argued that the failure to comply with Section 52-A regarding the disposal and preservation of the contraband rendered the prosecution's case invalid. The Court held that since the entire contraband weighing 0.4 grams was forwarded to the laboratory for testing, the question of non-compliance with Section 52-A did not arise. The provisions were primarily meant for bulk seizures, not small quantities like in this case [Paras 18-23].

Weight of Contraband – Prosecution Evidence Held Sufficient – The appellant contended that the weight of the contraband was not properly established. The Court dismissed this argument, holding that both the raiding officer and the independent witness testified to the weighing process, and there were no contradictions in their evidence. The absence of a record of weight in the laboratory report did not affect the validity of the prosecution's case [Paras 24-32].

Decision: Appeal dismissed – Conviction and sentence under Section 22(c) of the NDPS Act upheld.

Municipal Law – Unauthorized Construction – Regularization of RCC Slab over Public Nallah – The petitioners, residents of Tarangan Housing Complex, challenged the TMC’s regularization of an unauthorized RCC slab and columns over a public Nallah, which obstructed access to the Complex. The High Court found that the regularization was granted despite TMC’s earlier demolition orders and affidavits confirming the illegal construction by M/s Kalpataru. The Court held that the TMC Commissioner’s order to regularize the construction was arbitrary and amounted to an abuse of power. The regularization was struck down [Paras 8-18].

Abuse of Powers by Municipal Commissioner – Section 45 and 53 MRTP Act – Ultra Vires – The Commissioner invoked powers under Sections 45 and 53(3) of the MRTP Act and Section 227 of the MMC Act, which were inapplicable. The plot was not landlocked, and the construction served only to benefit the developer at the expense of municipal property. The High Court ruled that the regularization order was ultra vires and invalid [Paras 32-38].

Public Interest and Municipal Duties – Illegal Construction in Public Spaces – The Court emphasized that municipal Nallahs and public spaces serve critical public functions and cannot be obstructed for private gain. The TMC's complicity in allowing such construction was condemned, and the Court ordered the immediate demolition of the unauthorized structures [Paras 40-44].

Decision: Writ Petition allowed – The impugned regularization order dated 05 February 2005 was quashed. The third respondent and TMC were ordered to pay Rs. 2,00,000/- in costs to the petitioners.

Gang Rape – Conviction under Section 376 IPC and Section 6 of POCSO – Life Imprisonment Upheld – The appellants were convicted for raping a minor girl who had gone to graze her goats – The prosecution presented the victim’s testimony, supported by medical evidence, identifying the appellants as the perpetrators – The Court dismissed the appellants' argument that the victim’s testimony was unreliable and held that the testimony of a rape victim, if consistent and corroborated, is sufficient for conviction [Paras 5-12].

POCSO Act – Age Determination – Court Held Victim Was a Minor – The victim’s age was determined using her school certificate, which was admitted as evidence showing her date of birth as 15.12.1999, making her 15 years old at the time of the offense – The defense's objections regarding the victim’s age were rejected [Paras 42-45].

Medical Evidence – Role in Corroboration – The Court emphasized that medical evidence is not essential for proving rape if the victim’s testimony is credible – The absence of spermatozoa or injury does not negate the offense in cases of gang rape, particularly when the victim was found traumatized and unable to speak [Paras 9-10].

Decision: The appeals were dismissed. The conviction and sentence of life imprisonment under Section 6 of the POCSO Act and Section 376 IPC were upheld.

Motor Accident Claim – Compensation Award under Section 163-A – Appellant Insurance Company contended that the Tribunal incorrectly applied the amended Section 164, which came into effect after the date of the accident – Court observed that the amended provision was applied erroneously, but the compensation amount under Sections 163-A and 164 remains the same – The award amount of Rs. 5 lakh was upheld [Paras 2-6].

Negligence as a Defence – No Defence of Negligence in Claims under Section 163-A – The appellant's argument that the deceased was negligent and hence not entitled to compensation was rejected, relying on the Supreme Court's ruling in United India Insurance Co. Ltd. v. Sunil Kumar – Held: Insurer cannot raise negligence as a defence in claims under Section 163-A [Paras 6-9].

Decision: The appeal was disposed of with the modification that the award should be read as decided under Section 163-A instead of Section 164, while the compensation amount remained unchanged.

Anticipatory Bail – SC & ST Act – Prima Facie Case – Appeal Allowed – The appellant sought anticipatory bail after being accused of utterances and gestures of a sexual nature towards a journalist belonging to a Scheduled Caste, with offenses under Sections 74 and 79 of the BNS and Sections 3(1)(w)(ii) and 3(2)(va) of the SC & ST Act – The Court held that prima facie, the offense under Section 3(1)(w)(ii) of the SC & ST Act was not made out, as there was no clear evidence that the appellant had knowledge of the complainant’s caste – The utterances appeared motivated by disagreement over reporting, rather than intent to humiliate based on caste [Paras 15-24].

Caste Knowledge – Essential Element for SC & ST Act Offense – The Court observed that the FIR did not establish that the appellant had prior knowledge of the complainant’s caste, which is a crucial element under Section 3(1)(w)(ii) – Without this knowledge, the offense cannot be sustained [Paras 18-22].

Decision: The appeal was allowed. The rejection of the anticipatory bail by the Special Judge was set aside, and the interim protection was made absolute, with conditions imposed on the appellant.

Civil Law – Conditional Leave to Defend – Non-Compliance with Court Condition – Appeal Dismissed – Respondent filed a suit for recovery of Rs. 9,18,876/- for construction of a drug store at Chief Animal Husbandry Office, Shopian – Appellants, as defendants, were granted conditional leave by the Trial Court to defend the suit, on the condition that they deposit 10% of the amount in question – Appellants failed to comply with the condition – As a result, the Trial Court passed judgment and decree in favor of the respondent on 25th April 2023 – Appeal filed by the appellants against the judgment and decree [Paras 1-3].

Conditional Leave to Defend – Discretion of the Court – Appellants argued that the Trial Court, having acknowledged triable issues, should not have imposed a condition for leave to defend – Appellants contended that the judgment and decree should not have been passed based on their non-fulfillment of the condition – Appellants did not challenge the conditional leave order of 28th December 2022, which thereby attained finality [Paras 5-6].

Plaintiff's Stand – Non-Compliance Justified Judgment – Respondent’s counsel argued that the judgment was legally justified due to appellants' failure to comply with the conditional leave order – The conditional leave order, which was not challenged, became final, and the appellants could not dispute its validity during the appeal against the judgment and decree [Paras 6-7].

Order 37 CPC – Expeditious Disposal – Underlying policy of Order 37 CPC is expeditious disposal of suits involving commercial matters – Order 37 Rule 3(5) allows the court discretion to grant leave to defend either unconditionally or on terms, which was exercised by the Trial Court in this case – Reference made to Mechelec Engineers and Manufacturers v. Basic Equipment Corporation (1976) 4 SCC 687 outlining the principles for granting leave to defend, including conditions for deposit [Paras 7-9].

Law Governing Non-Compliance – Finality of Conditional Leave Order – Trial Court passed the impugned judgment under Rule 3(6) of Order 37 CPC, which allows for judgment if the defendant fails to comply with the conditions of the leave – Since the appellants did not fulfill the condition nor challenge the leave order, the Trial Court was justified in passing the decree – The conditional leave order had become final and could not be challenged in the present appeal [Paras 10-12].

Decision – Appeal Dismissed – The appeal lacked merit as the Trial Court's judgment was in accordance with law – Appellants’ failure to comply with the conditional leave order warranted dismissal of the appeal – Judgment and decree upheld [Paras 12-13].

Decision: Appeal dismissed – Judgment and decree of Trial Court upheld.