Service Law – Retirement – Date of Birth – Petitioner’s retirement based on disputed date of birth – No proper enquiry conducted – Chairman of Nagar Panchayat unilaterally changed the date of birth based on Life Insurance Policy papers – Original date of birth in service book not altered – Held, retirement order quashed – Petitioner reinstated with entitlement to salary until 31^st December 2023 – Authorities required to conduct proper enquiry before altering service records [Paras 1-17].

Change of Date of Birth – Requirement of Enquiry – High Court emphasized the necessity of a formal enquiry before changing an employee’s date of birth in service records – Service book entries hold contractual value – Life Insurance Policy not a valid document for determining date of birth under service law – Date of birth can only be changed if there was a bona fide mistake at the time of initial recording [Paras 8-13].

Enquiry Procedures – Failure to Conduct Proper Enquiry – Sub Divisional Magistrate’s preliminary fact-finding not sufficient to retire petitioner – District Magistrate’s report unverified from the Board of High School/Madhyamik Siksha Parishad – Importance of giving the employee an opportunity to defend against changes in service records underscored [Paras 4-6].

Decision: Writ Petition Allowed – Order of Chairman of Nagar Panchayat, Dohri Ghat Mau dated 28.8.2014 quashed – Petitioner reinstated and to be in service until 31^st December 2023 with appropriate salary – Directions for proper reassessment of retirement dues and payment adjustment [Paras 17

Criminal Law – Conviction on Basis of Hostile Witness Testimony – Appellants Suresh Mehto and Rajnarayan @ Rajkumar Mehto were convicted for the murder of Pradeep Kumar Paswan. Conviction was primarily based on statements recorded under Section 164 Cr.P.C. by witnesses who later turned hostile. The Court held that such statements are not substantive evidence and can only be used for corroboration or contradiction. Conviction set aside due to lack of direct or circumstantial evidence and absence of motive [Paras 7-20].

Statement Under Section 164 Cr.P.C. – Not Substantive Evidence – The statements of PW-3 Soniya and PW-4 Ajay Yadav recorded under Section 164 Cr.P.C. were given under police pressure. The Court emphasized that such statements alone cannot substantiate conviction. Reliance placed on Supreme Court precedents affirming the limited evidentiary value of Section 164 statements [Paras 17-20].

Motive – Absence of Evidence – The prosecution failed to assign any motive to the appellants for committing the crime. The absence of any motive further weakened the prosecution’s case. The evidence, primarily based on statements under Section 164 Cr.P.C., was insufficient to prove guilt beyond a reasonable doubt [Paras 18-19].

Hostile Witnesses – Impact on Prosecution Case – All key witnesses, including PW-3 and PW-4, turned hostile during the trial. Their court testimonies contradicted their earlier statements recorded under Section 164 Cr.P.C., thereby nullifying their utility for the prosecution. The Court noted that the statements under police pressure do not hold substantive value [Paras 10-13, 19].

Lack of Corroborative Evidence – Besides the hostile witness testimonies, there was no other direct or circumstantial evidence to link the appellants to the crime. The prosecution’s failure to provide corroborative evidence significantly weakened its case, leading to the acquittal of the appellants [Paras 19-20].

Decision:
Appeals allowed – Conviction and sentence set aside – Appellants to be released forthwith unless required in any other case [Paras 21-22].
 

Domestic Violence – Residence Order – Petitioner, an elderly woman, sought protection under the PWDV Act to continue residing in her shared household – Magistrate granted residence order – Respondents, including petitioner’s son and daughter-in-law, contested citing financial liabilities and a previous tribunal order for alternative accommodation – Sessions Court vacated residence order, directing alternative accommodation [Paras 1-13].

Harmonious Interpretation of PWDV Act and Senior Citizens Act – Necessity for harmonizing provisions of the PWDV Act with the Maintenance and Welfare of Parents and Senior Citizens Act – Court emphasized that the PWDV Act does not override the necessity to balance rights of aggrieved women with financial realities and rights of respondents – Sessions Court’s direction for alternative accommodation affirmed, modifying it to ensure financial provision for rent [Paras 6-14].

Decision – Criminal Revision Petition disposed of – Sessions Court judgment affirmed with modification – Respondents directed to deposit Rs. 3 lakhs for petitioner’s rent and maintenance – Petitioner to make similar deposits as needed to maintain alternative accommodation [Paras 14-15].
 

Education Law – Improvement Examination – Petitioner, a bright student suffering from depression and diagnosed with Internet Gaming Disorder, missed the opportunity to appear for improvement exams as per Board Regulations – High Court granted permission to appear in the next examination cycle due to medical reasons, ensuring justice in the peculiar facts of the case [Paras 1-6].

Regulation Clause 92.6 – Board’s Regulation requires improvement attempt in the succeeding exam – Petitioner unable to appear due to medical treatment – High Court considered medical records from Bhabha Atomic Research Centre Hospital, allowing an exception [Paras 4-5].

Decision – Writ Petition Allowed – Held – Petitioner permitted to appear in July 2024 Examination upon application and payment of late fees – Directions issued considering medical conditions and to not set precedent [Para 6].

Arbitration – Appointment of Arbitrator – Application under Section 11 of the Arbitration and Conciliation Act, 1996 – Insurance contract dispute – Petitioner’s claim for loss of crane due to fire partially admitted by insurer’s surveyor reports – Dispute over quantum of claim payable – Respondent’s post facto repudiation after commencement of arbitration proceedings – Court holds that commencement of arbitration is valid – Reference to arbitration upheld [Paras 1-47].

Commencement of Arbitral Proceedings – Section 21 of the Arbitration and Conciliation Act, 1996 – Notice of arbitration – Arbitration proceedings deemed commenced upon receipt of notice by respondent – Respondent’s subsequent total repudiation of claim does not vitiate the reference [Paras 27-29].

Insurance Claims – Surveyor Reports – Admission of Liability – Documents indicating different quantum of loss at different times – Final report and addendum by insurer’s surveyor – Partial admission in written communication – Issue of quantum dispute suitable for arbitration [Paras 21-25, 30-35].

Repudiation of Claim – Insurance Regulatory and Development Authority of India (Protection of Policyholders’ Interests) Regulations, 2017 – Requirement to reject claim within 30 days from final survey report – Respondent’s repudiation significantly delayed and after commencement of arbitration proceedings – Prima facie admission of liability found [Paras 8, 30-31].

Competence of Arbitral Tribunal – Section 16 of the Arbitration and Conciliation Act, 1996 – Kompetenz-Kompetenz principle – Arbitrator to rule on own jurisdiction and issues including repudiation of claim and admission of liability – Court refrains from adjudicating on merits at Section 11 stage [Paras 39-41].

Decision:

Application AP-COM/344/2024 allowed – Sole arbitrator appointed to resolve disputes – Arbitrator to determine all issues including jurisdiction and merit of repudiation – Court does not enter merits of the dispute – Urgent certified server copies granted on compliance with formalities [Paras 45-48].

Contract Law – Suit for Recovery of Money – Appeal Against Decree – Partial Decree of Money Suit – Settlement of Accounts and Acknowledgement of Debt – The appellants contested a partial decree granted to the respondent for recovery of a sum of Rs. 1,03,91,700/- with future interest at the rate of 6% per annum on Rs. 67.77 lakh from the date of the suit. The appellants claimed that a settlement had been reached for a lesser amount, which was not fully acknowledged by the trial court [Paras 1-9].

Evidence – Documentary Evidence – Importance of Written Acknowledgements – The court found that the trial judge had disregarded crucial written acknowledgements and documents (Ex.D-3 to Ex.D-6) that indicated a settlement amount of Rs. 18.98 lakh, of which Rs. 10 lakh was already paid. The court emphasized the significance of these documents in establishing the terms of the settlement and the amount due [Paras 4-5].

Doctrine of Indoor Management – Applicability in Corporate Transactions – The court applied the doctrine of indoor management, holding that the appellants, as outsiders, were entitled to assume that internal company affairs were properly conducted, particularly in the absence of evidence to the contrary regarding the authority of the HMT officer who acknowledged the settlement [Paras 5-6].

Decision – Appeal Partly Allowed – Modified Decree – The appeal was partly allowed. The court modified the decree, holding that the appellants were liable to pay only Rs. 18,98,000/- as per the settlement dated 25.09.2004, minus the amount already remitted. Additionally, the court directed the appellants to deposit an additional Rs. 20,00,000/- towards full and final settlement within three months, subject to conditions [Order].
 

Criminal Law – Gang Rape – Accused convicted for gang rape, robbery, and destruction of evidence – Trial court's judgment affirmed by High Court – The incident involved the accused posing as forest officers, demanding money, and subsequently committing rape – Identification of accused was corroborated by DNA evidence and eyewitness testimony [Paras 1-27].

Identification Parade – Conduct and Reliability – Victim and her companion identified the accused in a test identification parade conducted shortly after the incident – Court accepted the identification despite minor procedural lapses, emphasizing the credibility of the victim's testimony and corroborative evidence [Paras 17-20].

Medical and DNA Evidence – Medical examination of the victim conducted within hours of the incident confirmed sexual assault – DNA analysis linked the accused to the crime, providing crucial corroborative evidence [Paras 19-23].

Common Intention – Section 34 IPC – Court held that the actions of all accused, including those who restrained the victim's companion, demonstrated a common intention to facilitate the crime – Conviction under Section 376-D IPC upheld for all accused [Paras 24-25].

Decision – Appeals dismissed – Convictions and sentences affirmed – Court highlighted the importance of corroborative evidence in upholding the credibility of victim's testimony in sexual assault cases [Para 27].
 

Easementary Rights – Implied Grant – Plaintiff sought declaration for the right to use a common staircase to access the terrace above his shops – Trial court granted partial relief, limiting access to the first floor – Appellate court extended rights to include terrace access – High Court upheld the appellate court’s decision, emphasizing implied grant and easement of necessity under Indian Easements Act [Paras 1-37].

Transfer of Property – Section 8 of Transfer of Property Act – High Court affirmed that all rights of the vendor were transferred to the plaintiff, including the right to use the staircase for terrace access – Restriction imposed in subsequent sale deed to defendant not binding on the plaintiff [Paras 30-36].

Decision: Second Appeal Dismissed – Lower Appellate Court’s decree affirmed – Plaintiff entitled to use common staircase to access terrace – No costs [Paras 37].

Workmen’s Compensation – Quantum of Compensation – Deceased workman was employed as a driver and died in a road accident – Compensation awarded based on minimum wages under G.O.Ms.No.58 dated 09.04.1991 – Evidence from the employer suggested a higher salary – High Court enhanced compensation to reflect actual salary as stated by the employer [Paras 1-13].

Principle of Just Compensation – Application in Workmen’s Compensation – Court emphasized the importance of providing just compensation and not merely relying on minimum statutory wages – Compensation can be enhanced even if the appeal is filed only by the insurance company [Paras 7-13].

Decision: Civil Miscellaneous Appeal Disposed of – Held:

Revised compensation payable to claimants enhanced to Rs. 3,25,365/- based on actual salary – Differential amount of revised compensation to be deposited within 30 days along with statutory interest – No costs awarded [Paras 12-13].