Criminal Law – Sexual Assault Conviction – Appellant, a teacher, convicted for sexually assaulting minor students – Convictions under Sections 354, 354-A IPC and Sections 7, 8, 9©(m)(o), 10, 11, 12 POCSO Act upheld – Trial Court’s judgment based on consistent and corroborative testimonies of minor victims and supporting witnesses [Paras 1-16].

Delay in FIR – Appellant contended that FIR was lodged 15 days post-incident – Court held delay was satisfactorily explained by the prosecution – Delay attributed to the initial hesitation of victims’ families and subsequent realization of the seriousness of the offenses [Paras 12, 17-18].

Reliability of Minor Witnesses – Defense argued minor witnesses were tutored – Court found minor victims’ testimonies credible, consistent, and corroborated by other evidence – Defense’s claim of false implication due to animosity was unsupported by cross-examination or Section 313 statements [Paras 14, 18, 30].

Section 145 of the Indian Evidence Act – Court noted no substantial cross-examination to discredit minor witnesses – Minor inconsistencies deemed immaterial – Court emphasized proper examination of minors before accepting their testimonies [Paras 19, 22].

Defendant’s Presence and Conduct – Accused’s presence at school on the day of the incident and his role as a teacher not denied – Defense’s narrative of animosity insufficient to counteract credible accusations by multiple victims [Paras 27, 30-31].

Decision – Appeal dismissed – Convictions and sentences affirmed – Court found no perversity in Trial Court’s judgment – All pending interim applications disposed of [Para 32-33].

Specific Performance – Readiness and Willingness – Suit for specific performance based on a sale agreement dated 02.08.2007 – Plaintiff alleged continuous readiness and willingness to perform her part of the contract – Defendants contended plaintiff's financial inability to pay the balance consideration in time – Trial court decreed the suit in favor of the plaintiff – High Court found plaintiff failed to prove continuous readiness and willingness – Plaintiff's conduct of depositing balance consideration only after trial arguments questioned – Appeal allowed, trial court judgment set aside [Paras 1-44].

Plaint as Proof – Power of Attorney Evidence – Plaintiff's readiness and willingness must be personally proven – Plaintiff’s power of attorney holder, her son, failed to establish plaintiff's financial capacity at the relevant time – Evidence of readiness through third-party financial arrangement deemed inadequate – Appellate court emphasized the need for plaintiff's personal testimony when asserting readiness and willingness [Paras 18-34].

Market Value Consideration – Time of Essence – Trial court failed to appreciate significant rise in property value over years – Appellate court noted economic changes and price increases as factors making specific performance inequitable – Original contract price no longer just due to property appreciation – Appeal allowed, refund of earnest money with interest granted instead [Paras 37-39].

Decision: Appeal allowed – Impugned judgment and decree set aside – Plaintiff entitled to refund of earnest money with interest at 12% p.a. from date of payment – Appellants to pay any balance interest on deposit made by plaintiff [Paras 44-46].

Administrative Law – Employment Termination – Challenge to cancellation of appointment – Petitioner appointed as Jeep Driver through Employment Exchange, later cancelled after 14 years of service due to alleged violation of communal reservation rules – Court finds cancellation unjustified, holding that petitioner was not at fault and appointment should not be nullified retroactively – Ordered reinstatement with continuity of service and back wages [Paras 1-11].

Vicarious Liability – Government’s Responsibility – Court emphasizes the government’s vicarious liability for mistakes by its officers – Petitioner wrongfully penalized for error in appointment process conducted by authorities – Reinforces principle that employee should not suffer for administrative lapses [Paras 8-9].

Procedure – Appointment Validity – Clarification on temporary vs. permanent status – Despite initial temporary status, petitioner held under CPS, indicating regular appointment – Respondents’ claim of temporary status rejected due to regular vacancy and time scale of pay [Paras 6-7].

Decision – Writ Petition Allowed – Held – Impugned order cancelling appointment set aside – Respondents directed to reinstate petitioner with all attendant benefits – Period out of service to be treated as continuity of service with back wages – Option to regularize petitioner’s position or create supernumerary post if necessary [Para 11].

Criminal Procedure – Quashing of FIR and Final Report – Counter cases of altercation and physical assault – Delay in filing FIR and investigation by different officers – High Court dismissed petitions to quash proceedings – Held, issues of delay and procedural irregularities to be determined at trial [Paras 1-11].

Counter Cases – Investigation and Trial – Incident involved altercation between two parties with mutual allegations of assault – Investigation by different officers not a ground for quashing – Allegations of procedural impropriety and delay to be examined during trial [Paras 2-11].

Witness Evidence – Delay in Filing Complaint – Petitioner alleged delay in filing FIR as prejudicial – High Court found minor injuries corroborated by medical evidence – Delay and credibility to be assessed at trial [Paras 6-9].

Legal Precedents – Protection against Vexatious Prosecution – Reference to Supreme Court rulings on quashing of criminal proceedings – Emphasized trial necessary to ascertain facts and determine the aggressor [Paras 10-11].

Decision:

Criminal Miscellaneous Cases dismissed. Trial to proceed to ascertain factual circumstances and determine culpability.

Customs – Licensing Regulations – CHA License Revocation – The Customs Broker (respondent) filed a bill of export for clearance, allegedly aiding illegal exportation of subsidized contraceptives – Initial suspension and subsequent revocation of the CHA license by customs authorities under the Customs Brokers Licensing Regulations, 2013 [Paras 4-8].

Regulation Compliance – Enquiry Report Timeliness – Tribunal set aside license revocation but upheld forfeiture of security deposit – Differing opinions on whether the enquiry report’s late submission nullified its validity – High Court affirms the directory nature of timelines under Regulation 20(5), allowing discretion in considering the report [Paras 11-20].

Judicial Precedents – Contradictory High Court Rulings – Reference to various High Court decisions (Madras, Delhi, Calcutta, Bombay, Telangana) regarding the mandatory or directory nature of timeline regulations – The present court aligns with the view that the timelines are directory, supporting a flexible interpretation [Paras 13, 15].

Decision – Appeal Outcome – The timeline for the enquiry report under Regulation 20(5) is directory – The Tribunal’s decision to partially accept the enquiry report and impose penalty upheld – Case disposed of with no requirement for strict adherence to the enquiry report timeline [Para 20-21].

Contract – Recovery of Money – Plaintiff sought recovery of Rs. 7,23,63,548/- with interest from defendant – Defendant acknowledged receipt of money and issued cheques which were dishonored due to insufficient funds – Plaintiff initiated proceedings under Section 138 of the Negotiable Instrument Act, 1881, and under Section 420/406/120B IPC – Defendant claimed cheques were for security and contested jurisdiction under Commercial Courts Act, 2015 – Court found defendant’s defense to be illusory and sham – Plaintiff entitled to summary judgment [Paras 1-27].

Negotiable Instruments – Dishonor of Cheques – Defendant issued cheques thrice, all dishonored due to insufficient funds – Defendant admitted dues in letters but failed to honor cheques – Court held defendant’s defense of financial crisis and claim of security cheques insufficient – Summary judgment in favor of plaintiff granted [Paras 3-23].

Jurisdiction – Commercial Courts Act, 2015 – Defendant contested suit’s maintainability claiming it fell under Commercial Courts Act – Court rejected contention, noting defendant’s own admission of seeking financial accommodation from plaintiff, not a commercial dispute [Paras 9, 19].

Summary Judgment – Triable Issues – Defendant raised no genuine triable issues – Defense deemed frivolous – Court granted summary judgment to plaintiff with further interest at 12% per annum from 13^th April 2017 on Rs. 4,05,00,000/- till realization [Paras 24-26].

Arbitration and Conciliation – Interim Injunction – Maintainability of Petition under Section 9 – Petitioners sought an injunction to prevent the respondent from disposing of properties to enforce an arbitral award from Sweden. The court upheld the maintainability of the petition, rejecting arguments that such relief could only be sought post-enforcement procedures under Part II, Chapter I of the Act [Paras 1-13].

Foreign Arbitral Award – Applicability of Section 9 – The court confirmed that Section 9 of the Act applies to foreign arbitral awards even before their formal enforcement, ensuring protection against dissipation of assets. Referred to judgments from the Telangana High Court, Bombay High Court, and Gujarat High Court supporting the broad applicability of Section 9 [Paras 9-12].

Enforcement of Arbitral Award – Legal Principles – Discussed legal principles surrounding the enforcement of arbitral awards, emphasizing that interim measures are permissible to safeguard assets for eventual enforcement [Paras 10-12].

Decision: Petition allowed – Respondent restrained by an injunction for six months or until an appropriate application for enforcement is filed, whichever is earlier [Para 14].

Criminal Law – Discharge of Accused – Revision petitions filed by Bharati Tamang and CBI challenging the discharge of Bimal Gurung by the Chief Judge, City Sessions Court – Case pertains to the murder of Madan Tamang, president of All India Gorkha League, in broad daylight – Chief Judge’s discharge order based on lack of sufficient evidence against Bimal Gurung found erroneous – High Court determines sufficient grounds for trial exist based on witness testimonies and other evidence [Paras 1-30].

Criminal Conspiracy – Evaluation of Evidence – Statements from multiple witnesses named Bimal Gurung as involved in the conspiracy to murder Madan Tamang – Witnesses provided consistent accounts of threats and meetings where Gurung allegedly conspired – Chief Judge’s discharge order failed to consider the totality of evidence, including statements recorded under Section 164 of Cr.P.C. [Paras 17-26].

Witness Testimony – Reliability and Corroboration – Witnesses, including Prem Tamang, Mohan Sharma, and others, corroborated each other’s accounts implicating Gurung – Statements indicated Gurung’s leadership role in the conspiracy – Lack of call detail records for Gurung does not undermine overall evidence of conspiracy and direct involvement in the crime [Paras 17-23, 26].

Judicial Scrutiny under Section 227 of Cr.P.C. – Detailed judicial analysis required at the stage of discharge – Court’s duty to sift and weigh evidence to determine if a prima facie case exists – Chief Judge’s role is not merely to act as a post office for the prosecution but to apply judicial mind – High Court finds that prima facie case and grave suspicion against Gurung justify proceeding to trial [Paras 22-28].

Decision – Revision Petitions Allowed – Orders of discharge by the Chief Judge, City Sessions Court, set aside – Directions issued for the trial court to frame charges against Bimal Gurung along with other accused – High Court mandates trial to proceed according to law and as per directions of the Supreme Court [Paras 29-31].

Partition of Money – Interim Injunction – Security Sufficiency – Petitioner's challenge against the trial court's acceptance of security for the withdrawal of half of the fixed deposit amount – Trial court's order set aside by High Court – Respondent directed to furnish fresh evidence proving the exclusive title and possession of the property offered as security – Emphasis on the necessity of unencumbered property and proper valuation certificate [Paras 1-6].

Security Assessment – Title and Encumbrance – Court finds insufficient proof of the respondent's mother’s exclusive title and possession of the property – Lack of encumbrance certificate and valuation documents noted – Court mandates the respondent to furnish appropriate evidence and documents, including an encumbrance certificate and valuation certificate from the concerned authority [Paras 4-6].

Decision: Original Petition allowed – Ext.P10 order set aside – Respondent directed to produce sufficient documents afresh to prove exclusive title, possession, and unencumbered status of the property offered as security – Opportunity granted to furnish alternative sufficient security if initial proof is inadequate [Para 6].