Quashing of Summons and Warrants – Private Limited Company and Directors as Accused – Accused challenge summons and consequential warrants issued for offense under Section 138 of the Negotiable Instruments Act, 1881 – High Court quashes summons and warrants, directs fresh enquiry under Section 202 Cr.P.C. [Para 1-10]

Applicability of Section 202 Cr.P.C. in Negotiable Instruments Act Cases – Analysis – Held – Inquiry under Section 202 Cr.P.C. not conducted, no affidavit filed by complainant, process issuance vitiated – Court emphasizes need for materials on record to satisfy issuance of process, absence of affidavit leading to wrong cognizance. [Paras 7-9]

Directive to Lower Court – Criminal Proceedings in C.C. No.996/2021 – Court orders fresh enquiry under Section 202 Cr.P.C within one month, with liberty to complainant to file affidavit in lieu of enquiry. [Para 10]

Case Law Reference – Reliance on Supreme Court Judgments – Re: Expeditious Trial of Cases under Section 138 of N.I. Act 1881 and Sunil Todi's Case – Supreme Court's observations on affidavit evidence and necessity of enquiry under Section 202 Cr.P.C discussed. [Paras 5-6]

Decision – Quashing of Summons and Warrants – Court quashes summons and warrants against petitioners, citing procedural impropriety in their issuance without proper enquiry under Section 202 Cr.P.C. – Orders fresh proceedings in the Magistrate Court with specific directives. [Para 10]’

Trustees' Compensation for Relinquishing Trusteeship - Amounts received by trustees of Carmel Educational Trust for relinquishing their trusteeship not considered capital receipts for tax purposes - These amounts treated as individual income and assessed under appropriate head - Trust deed does not authorize trustees to relinquish positions for consideration [Para 8].

Construction Work Compensation - Tribunal's findings on construction compensation to Gracy Babu and Jose Thomas upheld - Reliance on audited balance sheet of Believers Church and TDS payments made to Department [Para 12].

Donations to St. Thomas Education Trust - Donations received by St. Thomas Education Trust not treated as income for individual trustees - Tribunal's decision upheld [ITA No.6/2021, Para 13].

Decision: Appeals ITA Nos. 54/2020, 55/2020, 56/2020, 68/2020, and 6/2021 dismissed, favoring the assessee.

Appeals ITA Nos. 46/2020, 48/2020, 49/2020, and 51/2020 partly allowed by remand, except for remanded questions, answered against the revenue.

Appeal ITA No. 47/2020 allowed by remand.

Acid Attack and Subsequent Evidence Admission – Petitioner indicted for offences under IPC Sections 308, 326A, 120B with 34 – Alleged acid attack causing victim’s blindness – Prosecution sought to introduce victim’s disability certificate post trial completion – Dismissal of petitioner’s contention against late evidence admission – [Paras 2, 4, 12-13]

Introduction of Evidence Post-Trial – Criminal Procedure Code 1973, Sections 311, 308, 326A, 120B, 34 – Application to introduce a post-trial document and witness in an acid attack case – High Court upholds the trial court’s decision to allow the introduction of new evidence – Emphasizes the importance of a just decision and the broad scope of Section 311 CrPC. [Paras 1-13]

Relevance and Essentiality of Evidence – Held – The prosecution’s right to introduce new evidence is not limited strictly to evidence gathered during investigation or submitted in the final report. Stresses the need for courts to be flexible in admitting relevant and essential evidence, even if it emerges post-trial, to ensure a fair and just trial. References made to Supreme Court decisions supporting the admissibility of late evidence. [Paras 8-11, 13]

Scope of Section 311 CrPC – Analysis – The provision is for aiding the objective of a criminal trial, which is to render justice. The section empowers courts to summon any witness or document deemed essential for a just decision, without being confined to the materials initially produced. The introduction of new evidence is thus not restricted solely on the basis that it was not part of the original investigation or final report. [Paras 12-13]

Decision – Dismissal of Criminal Miscellaneous Case – The High Court finds no error in the trial court’s decision to allow the introduction of a disability certificate and examination of the issuing doctor after trial completion. Asserts that this decision aligns with the principle of justice and the effective application of Section 311 CrPC. [Para 13]

Bail Application under Section 439 CrPC - Petitioner seeking bail in connection with FIR under Sections 22(C) and 27-A/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) - Petitioner not found in possession of contraband, implicated based on disclosure statement of co-accused - Interim bail previously granted by Coordinate Bench - Prosecution relying on disclosure statements and recovery of contraband - Petitioner's counsel argues lack of recovery from petitioner and absence of misuse of interim bail - Referring to precedent, counsel asserts petitioner's entitlement to bail - Prosecution opposes bail citing disclosure statements and involvement of petitioner - Court notes prima facie evidence linking petitioner to offense but considers duration of custody and lack of grounds to dismiss petition - Bail granted with conditions - Petitioner directed to surrender weapons, firearms, ammunition, and restrict mobile phone usage to one prepaid SIM - Compliance mandated within specified timeframe - Precedent cited for imposition of similar condition - Petition allowed.

Decision: Bail granted to petitioner under Section 439 CrPC in connection with NDPS Act case - Petitioner directed to comply with specified conditions including surrendering weapons and restricting mobile phone usage.

Service Law - Promotion Dispute - Validity of Diploma - Writ Petition under Article 226 - Promotion to the post of Junior Engineer sought by petitioner based on Diploma in Civil Engineering obtained from 'Institute of Advanced Studies in Education Deemed University, Gandhi Vidya Mandir, Sardarshahr, Rajasthan' - Respondents withheld promotion citing non-recognition of University for distance education by All India Council for Technical Education (AICTE) - Petitioner contends diploma is valid as per precedents - Respondents argue diploma obtained through distance education from unrecognized institution - Court examines precedents including Kartar Singh case and Jasvir Singh case - Upholds respondents' decision, dismisses petitions, finds no merit in petitioner's claim for promotion. [Paras 1-16]

Validity of Diploma - Precedents - Court refers to Division Bench judgments in Kartar Singh case and Jasvir Singh case - Kartar Singh case held degrees awarded by deemed universities through distance education mode illegal, relied on by Supreme Court for validity of engineering degrees - Jasvir Singh case denied promotion based on diploma obtained through distance learning from non-recognized institution - Court distinguishes Swaran Singh case cited by petitioner, holds no merit in petitioner's claim. [Paras 9-13]

Dismissal of Petitions - Court dismisses petitions, finds no merit in petitioner's claim for promotion, upholds respondents' decision citing non-recognition of diploma obtained through distance education from unrecognized institution - Precedents including Kartar Singh and Jasvir Singh cases considered - No document provided proving approval of Diploma certificate by State of Punjab. [Paras 14-16]

Specific Performance Suit - Court Fee Requirement - Dismissal of Application under Order VII Rule 11 CPC - Revision Petition under Article 227 of the Constitution - Challenge to the order directing the plaintiff to make good the deficiency in court fees - Plaintiff filed suit for specific performance of agreement/affidavit executed by defendant regarding property - Allegation that defendant agreed to execute transfer deed in favor of plaintiff - Defendant contended that ad valorem court fees not affixed - Plaint categorically stated no consideration amount passed - Court fees to be affixed according to consideration amount - No illegality or infirmity found in impugned order - Revision petition devoid of merit - Dismissed. [Paras 1-6]

Decision: Revision Petition Dismissed - Court finds no illegality or infirmity in the impugned order directing plaintiff to make good the deficiency in court fees - Revision petition devoid of merit - Dismissed. [Para 6]

Declaration of Ownership - Validity of Sale Certificate - Challenge against Financial Commissioner's Order - Appellant's suit seeking declaration of ownership of land dismissed by lower courts - Appeal filed against concurrent findings - Plaintiff claimed ownership based on sale certificate dated 03.01.2005 - Allegations of illegalities in auction process and subsequent procedures - Financial Commissioner's order setting aside auction challenged - Courts below relied on previous judgments dismissing appellant's claims - Appellant argued lack of independent assessment of evidence by lower courts - Allegations of minor status of appellant at time of auction disputed - Voter list presented as evidence of age - Appellant's claim of clerical error in sale certificate rejected by authorities - Previous court orders highlighting defects in auction process upheld - Lack of substantial question of law raised in appeal - Appeal dismissed.

Motor Vehicle Accident - Compensation - Appeal against quantum of compensation awarded by Motor Accident Claims Tribunal (MACT) - Deceased, a 1.5-year-old child, fatally injured in a road accident caused by rash and negligent driving of the respondent - Award of compensation of ₹8,00,000/- granted by MACT - Insurance company, the appellant, sought reduction in compensation amount - Tribunal assessed notional income of deceased at ₹50,000/- per annum and applied multiplier of 15 - Appellant contended for reduction of notional income to ₹25,000/- per annum - Held, losing a child in an accident is an incomprehensible tragedy for parents - No amount of money can adequately compensate for such a loss - Compensation should be assessed based on the potential happiness and support the deceased child would have provided to the claimants - Tribunal's determination of notional income at ₹50,000/- per annum upheld - Appeal dismissed.

Decision: The appeal against the quantum of compensation awarded by the Motor Accident Claims Tribunal (MACT) is dismissed. The Tribunal's assessment of the notional income of the deceased child at ₹50,000/- per annum and the consequent grant of compensation are upheld.

Quashing of Bye-Election Notification – Writ Petition – Challenging validity of Election Commission’s notification for bye-election in Karnal Assembly Constituency – Held: Notification valid – Court finds no infringement of Representation of People’s Act or the Constitution – Writ petition dismissed. [Paras 1-36]

Constitutionality of Bye-Election Notification – Analysis – Considering proviso (a) to Section 151A of Representation of People’s Act, 1951 and Article 164(4) of the Constitution – Court holds that Election Commission can conduct bye-elections even if the remainder of the vacancy is less than one year. [Paras 14, 24, 30]

Interpretation of Section 151A – Held: The non-obstante clause in Section 151A does not bar bye-elections for vacancies with less than a year’s tenure remaining. Bye-elections serve the democratic principle of representation despite short tenures. [Para 20, 23, 25]

Application of Article 164(4) – Constitutional Provision – Mandate for a Minister/Chief Minister to become a legislative member within six months of appointment upheld. Validity of bye-election in Karnal Constituency affirmed, facilitating adherence to Constitutional mandate. [Paras 26-29]

Allegation of Discrimination by Election Commission – Dismissed – Court finds no discrimination in EC’s decision to proceed with bye-election in Karnal, distinguishing it from the situation in Akola West Assembly Constituency. [Para 31]

Public Expenditure and Representational Democracy – Held: Concerns about expenditure and short tenure not sufficient to invalidate the election process. The essence of a representative democracy upheld. [Para 33]

Decision – Writ petition challenging the notification for bye-election in Karnal Assembly Constituency dismissed. The Election Commission’s decision found to be in compliance with statutory and constitutional provisions. [Para 35]