Service Law – Disciplinary Proceedings – Bank employee accused of temporary misappropriation of Rs. 35,000 – Initial punishment of discharge from service by disciplinary authority – Central Government Industrial Tribunal modified penalty to reinstatement with 50% back-wages and stoppage of two increments – Single Judge partially upheld Tribunal’s decision, modifying penalty to reinstatement with 20% back-wages and stoppage of five increments – Appeals filed by both delinquent employee and Bank Management [Paras 1-3, 10-14].

Section 11A of the Industrial Disputes Act – Tribunal’s power to modify punishment – Tribunal's discretion in modifying penalties must be exercised judiciously, considering the gravity of the misconduct and the employer's loss of confidence in the employee – High Court held that Tribunal’s interference with the disciplinary authority’s penalty of discharge was unjustified given the proven misconduct and breach of trust by the employee [Paras 6-13].

Decision – Appeals by Bank Management allowed – Appeals by delinquent employee dismissed – Original penalty of discharge from service upheld – Tribunal’s and Single Judge’s orders modifying the punishment set aside [Paras 14].

Negotiable Instruments – Section 138 – Quashing of Complaints – Grounds for Quashing – Petitioner contended that the complaints should be quashed due to the absence of partnership deed and authorization, and lack of requisite license under the Money Lenders and Accredited Loan Providers Act – High Court held that authorization and partnership deed issues should be examined during trial, not at the stage of quashing – Complaints not quashed, petitions dismissed [Paras 1-14].

Partnership and Authorization – Prima facie acceptance of authorization for filing complaint – Complaints not quashed solely due to absence of partnership deed or specific authorization documents – Relevant during trial [Paras 7-10].

Money Lenders Act – Registration Requirement – Petitioner’s contention on lack of registration under the Money Lenders and Accredited Loan Providers Act rejected – Nature of financial support not clearly established as a loan – Issue to be examined during trial [Paras 11-13].

Inherent Powers under Section 482 Cr.P.C. – Not exercised to quash complaints where facts are disputed and require trial – Importance of trial in establishing material facts and evidence emphasized [Paras 13-14].

Decision:

Petitions dismissed – Complaints and proceedings under Section 138 NI Act allowed to proceed – Issues regarding authorization and registration under Money Lenders Act to be examined during trial.

Dowry Prohibition Act – Conviction under Section 4 – Petitioner convicted for demanding dowry from his wife and her family, including Maruti car, color TV, and fridge – Trial court sentenced him to 6 months’ simple imprisonment and a fine of Rs. 5,000 – Appellate court upheld the conviction but modified the default sentence to one month’s imprisonment [Paras 1-24].

Matrimonial Cruelty – Evidence and Witness Testimony – Informant’s testimony supported by her family members – Consistent evidence of dowry demands and cruelty – Acquittal of co-accused based on lack of specific incidents of cruelty – Conviction of petitioner upheld due to his primary responsibility and consistent evidence of dowry demands [Paras 15-30].

Revisional Jurisdiction – Limited Scope – High Court emphasizes limited scope for interference in revisional jurisdiction – Revisional court’s role to correct miscarriage of justice arising from misconception of law, irregularity of procedure, neglect of proper precautions, or apparent harshness [Paras 35-37].

Medical Examination for Sentencing – Petitioner’s psycho-medical condition raised as ground for leniency in sentencing – Court directed medical examination by a team including Civil Surgeon and experts from Central Institute of Psychiatry, Ranchi – Sentence to be reconsidered based on medical report [Paras 38-44].

Decision – Conviction upheld – Sentence reconsideration pending medical report – Petitioner directed to undergo medical examination on specified date [Paras 41-44].

Negotiable Instruments Act – Bail Conditions – Revisionist challenged the order directing him to deposit 20% of the fine amount for bail – Contention that the deposit is not mandatory but directory – Additional Sessions Judge’s order considered lawful and not mechanical – Revision dismissed [Paras 1-16].

Section 148 of the Negotiable Instruments Act – Judicial Discretion – Emphasized the court’s discretion in ordering deposit under Section 148 – Referenced Surinder Singh Deswal and Jamboo Bhandari cases to underline that deposit conditions can be relaxed in exceptional cases – Held that the lower court appropriately exercised discretion, requiring no interference [Paras 7-14].

Decision – Revision Dismissed – Held – Conditions imposed for bail justified – Revisionist’s previous attempts to delay proceedings noted – Appeal for reduction in pre-deposit amount rejected – Order of lower court upheld [Paras 15-16].

Termination of Pregnancy – Rape Victim – Petitioner, a 19-year-old rape victim, sought permission to terminate her pregnancy of 16 weeks – High Court permitted the termination emphasizing the mental and physical health risks and social stigma attached to continuing the pregnancy – Medical and legal considerations were thoroughly evaluated [Paras 1-11].

Application of MTP Act – The Court applied the amended provisions of the MTP Act, 2021, allowing termination up to 24 weeks for certain categories of women, including rape victims – Emphasized the reproductive autonomy of women and the necessity of informed consent [Paras 7-10].

Reproductive Autonomy and Health – Reiterated the right of women to make decisions about their own bodies – Court highlighted the trauma and potential harm to mental and physical health of the victim in case of continuation of pregnancy from rape – Importance of respecting the victim's choice was underlined [Paras 9-10].

Legal Precedents – Referenced key decisions supporting the reproductive rights and autonomy of women, including the Supreme Court rulings in XYZ v. State of Gujarat and X v. State (NCT of Delhi), stressing the constitutional protections for women's health and choice [Paras 8-9].

Decision: Writ petition allowed – Permission granted for medical termination of pregnancy – Directions issued for the medical procedure to be conducted with due care, and for DNA sampling for evidence collection [Paras 11-11.4].

Family Law - Customary Divorce - Validity and Proof - Second Appeal: The appellant, Anarkali, contended that she was the legally wedded wife of Late Rampal until his death, arguing against the claim of customary divorce (Chhoda Chhutti) by the respondent no.1, Siyawati. The court held that the existence and recognition of the custom must be specifically pleaded and proved by cogent evidence. The first appellate court erred in accepting the customary divorce without adequate proof of its prevalence and recognition in the concerned community. The court reiterated that a Hindu marriage can only be dissolved in accordance with the statutory provisions or a well-established custom. The judgment of the first appellate court was set aside, restoring the trial court's decision. [Paras 13-34]

Validity of Marriage - Substantial Questions of Law - Burden of Proof: The appellant's marriage was held valid as the respondent no.1 failed to prove the customary divorce and her own marriage to Late Rampal in accordance with Hindu rites. The court underscored that the burden of proof lies heavily on the party claiming the customary divorce. The appellant successfully rebutted the presumption of a valid customary divorce, maintaining her status as the legally wedded wife. [Paras 21-25, 27-30]

Procedural Law - Appeal - Counter Claim: The court addressed the issue of whether a single appeal challenging the common judgment and decree passed in both the main suit and the counter-claim was maintainable. It held that the appeal was valid as it adequately covered both decrees, emphasizing the principle that one appeal is sufficient where there has been one trial and one decision, even if multiple decrees are drawn. The appeal process in such cases must ensure comprehensive adjudication to avoid piecemeal litigation. [Paras 37-48]

Decision: The Second Appeal is allowed. The judgment and decree dated 05.03.2010 passed by the Additional District Judge, Court No.7, Raibareli in Civil Appeal No.86/2009 is set aside. The judgment and decree passed by the trial court is restored.

Negotiable Instruments Act – Section 138 – Quashing of Complaint – Petitioner sought quashing of complaint and proceedings under Section 138 NIA – Petitioner argued entire liability had been discharged prior to complaint – Court noted petitioner made payments exceeding the cheque amount – Respondent’s claim for interest not a ground for maintaining the complaint – Held, once cheque amount is paid and accepted, Section 82 NIA applies, discharging liability [Paras 1-31].

Interest Claim – Section 138 NIA – Whether dishonor of cheque issued for interest on delayed payment constitutes legally enforceable debt – Court held, in absence of specific demand and agreement for interest in complaint, interest cannot form basis for Section 138 NIA action – Presumption under Sections 118, 139 NIA applies only to principal amount [Paras 16-22, 25-28].

Decision – Petition Allowed – Complaint and all consequential proceedings quashed – Court directed release of remuneration for legal aid counsel as per rule [Paras 29-31].

Criminal Law – Conviction under Sections 279 and 304-A IPC – Petitioner convicted for rash and negligent driving causing death – Trial court sentenced petitioner to six months' imprisonment under Section 279 IPC and one year under Section 304-A IPC – Conviction and sentence upheld by appellate court – Challenge in High Court of Jharkhand – High Court modified sentence considering petitioner's age, time elapsed since the incident, and period already spent in custody – Sentence reduced to period already undergone [Paras 1-9].

Evidence Evaluation – Issues Raised by Petitioner – Petitioner contended non-proof of key documents and failure to examine essential witnesses – Arguments included lack of proof of MVI report, inquest report, post mortem report, and FIR; non-examination of investigating officer and doctor conducting autopsy; inconsistent eyewitness accounts; and suggestion of contributory negligence by the deceased – High Court found sufficient evidence supporting initial conviction despite these contentions – Recognized petitioner's advanced age and previous cooperation during trial [Paras 4-7].

Decision – Modification of Sentence – High Court upheld conviction but modified sentence due to mitigating factors – Recognized significant time lapse since the incident, petitioner's age, and period of custody already undergone – Sentenced petitioner to imprisonment already undergone instead of original sentence – Criminal Revision disposed of with modification in sentence [Paras 7-8].

Lease Agreement – Leasehold Rights – Petitioners, owners of the land, leased their property to the respondent for 25 years – Lease included clause allowing mortgage of leasehold rights – Respondent mortgaged the leasehold rights to the State Financial Corporation – Lease expired in 2008, but possession was taken over by the Corporation in 2013 – Court held that mortgage rights ceased with the lease expiry, making the Corporation’s possession invalid – Directions issued to remove machinery and return possession to the petitioners [Paras 1-24].

Transfer of Property – Rights of Lessee – Lessee’s rights to the property ceased after lease expiration – Court emphasized lessee’s right to remove structures they constructed during the lease period, but no further rights post-lease [Paras 19-22].

Decision:

Writ Petition allowed – Held – The J&K State Financial Corporation must remove the machinery and vacate the premises, returning possession to the petitioners within 90 days. The Corporation is permitted to remove any structures built by the lessee using loan proceeds [Para 23-24].