Criminal Law – Revision Petition – Acceptance of Final Report – Petitioner challenged the order of the Additional Chief Judicial Magistrate accepting a final report as Mistake of Fact without due notice to the complainant – High Court found improper service of notice and set aside the Magistrate’s order [Paras 1-14, 21-23].

Service of Notice – Legal Requirements – Notice to complainant found inadequate; reliance on emails and improper return of service noted – High Court emphasized due process and proper notice requirements before final acceptance of reports under Cr.P.C. [Paras 5, 21].

Concurrent Civil Proceedings – Impact on Criminal Case – Ongoing civil and consumer disputes noted – High Court observed such disputes do not negate criminal liability if prima facie case is made – Reference to Supreme Court guidelines on criminalization of civil disputes [Paras 11, 13, 16, 19, 20].

Prima Facie Case – Court acknowledged prima facie evidence of criminal offenses despite civil proceedings, warranting further legal examination and not dismissal at preliminary stage [Paras 14-15].

Decision – Revision Petition Allowed – Magistrate directed to permit filing of ‘Narazi’ application by the complainant and reconsider the final report in light of proper procedure and evidence [Paras 22-23].

Service Law – Reduction of Pay Scale and Recovery of Excess Payment – Petitioner retired as Senior Manager, sought quashment of post-retirement order reducing pay scale and directing recovery – High Court emphasized principle of natural justice, holding reduction without notice invalid – Relied on Supreme Court precedent protecting retirees from undue recovery – Order quashed, direction issued for refund of any recovered amount [Paras 1-11].

Principle of Natural Justice – Requirement of Notice and Hearing – Impugned order reducing pay scale and directing recovery issued without notice or show-cause – Held in violation of natural justice – Cited Supreme Court ruling in State of Punjab v. Rafiq Masih (White Washer), impermissibility of recovery from retired employees or those close to retirement [Paras 4-6].

Promotion and Seniority – Delay and Discrimination – Petitioner’s promotion delayed due to administrative lapses, resulting in discriminatory treatment compared to similarly situated persons – High Court acknowledged past orders directing notional promotion and corrected seniority – Non-compliance by respondents noted, further delay unjustified [Paras 2-3, 6].

Decision – Writ Petition Allowed – Impugned order dated 01.06.2020 quashed – Respondents directed to refund any recovered amount, restore petitioner’s pay scale as per earlier orders – Emphasized need for procedural fairness in administrative actions affecting employees’ financial rights [Paras 8-11].

Divorce – Cruelty – Allegations of Dowry Demands and Physical Abuse – Appellant-wife alleged physical and mental harassment by the respondent-husband and his family due to unmet dowry demands – Family Court dismissed divorce petition citing lack of evidence – High Court referred to Supreme Court judgments on irretrievable breakdown of marriage and cruelty under Section 13(1)(ia) of the Hindu Marriage Act – Held that prolonged separation and lack of cohabitation constitutes cruelty – Appeal allowed, marriage dissolved [Paras 1-11].

Irretrievable Breakdown of Marriage – Long Separation – Supreme Court precedents on granting divorce on grounds of irretrievable breakdown – High Court emphasized that continuous separation for 7 years indicated an emotionally dead marriage – Referenced Supreme Court cases Rakesh Raman v. Kavita and Munish Kakkar v. Nidhi Kakkar, highlighting the importance of recognizing irreparable marital breakdown as grounds for divorce [Paras 8-10].

Permanent Alimony – Not Claimed – Appellant-wife stated no interest in permanent alimony, seeking only dissolution of marriage – High Court considered both parties’ employment and financial independence – Decreed divorce without alimony provision [Paras 9-10].

Decision: Appeal Allowed – Marriage dissolved by a decree of divorce. The Court acknowledged the prolonged separation and lack of marital harmony as grounds for granting divorce. No order as to permanent alimony given appellant’s express statement of disinterest in such claims.
 

Maintenance – Restoration of Application – Family Court dismissed restoration application after maintenance petition was dismissed for non-prosecution – Petitioners argued no lack of diligence on their part – Court examined whether Family Court retained jurisdiction to recall orders in maintenance cases [Paras 1-11].

Section 125 Cr.P.C. – Magistrate's Jurisdiction – Statutory provisions indicate Magistrate may pass orders from time to time – Magistrate not functus officio post-final order in maintenance cases – Maintenance orders intended to provide immediate relief and prevent destitution [Paras 17-20, 37-38].

Section 362 Cr.P.C. – Embargo on Altering Judgments – Relaxation in maintenance proceedings – Family Court can entertain recall applications in maintenance cases under Sections 125-127 Cr.P.C. – Embargo of Section 362 Cr.P.C. does not apply strictly in maintenance cases due to their social welfare objective [Paras 21-23, 43-44].

Decision – Petition Allowed – Order by Family Court set aside – Matter remitted for fresh decision on restoration application – Emphasis on beneficent and purposive interpretation of maintenance provisions to achieve social justice [Paras 45-48].

Service Law – Pension – Petitioner sought pension entitlement from the date of retirement – Contention that extension period post-retirement should be included in qualifying service – High Court held that the service rendered during the session-end benefit period must be calculated towards regular service, thereby meeting the qualifying service requirement for pension – Respondents’ stance that reappointment does not count towards pension dismissed – Mandamus issued to fix and release the pension with arrears from the due date [Paras 1-15].

Government Orders – Interpretation – The Court examined Government Orders to determine if session-end benefit should be treated as continuation of service – Government Order dated 28.02.2012 treated service as continuous, leading to the fulfillment of the qualifying service period for pension – Contradictory Government Order portions declared ultravires and set aside for violating Article 14 [Paras 4-13].

Decision – Writ Petition Allowed – Held – Petitioner entitled to pension – Service during session-end benefit considered regular service – Pension and arrears to be paid forthwith [Paras 14-15].

Property Law – Ownership and Possession – Plaintiffs claimed ownership of disputed property through sale-deeds, sought declaration and permanent injunction – Trial court decreed in favor of plaintiffs – Defendants claimed property was state-owned, reserved for Kumbh Mela, and not identifiable – Appeal dismissed, trial court’s decree upheld, plaintiffs held to be rightful owners in possession [Paras 1-39].

Evidentiary Standards – Commission Reports and Boundaries – Plaintiffs provided sale-deeds with clear boundaries, supported by Commission reports and Survey Commissioner’s report – Defendants failed to prove claims of state ownership or that property was unsettled land – Court emphasized preponderance of probabilities standard, upheld plaintiffs’ evidence [Paras 20-37].

Procedural Defenses – Defendants’ objections under Section 15 of the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act and Order 7 Rule 11 CPC rejected – Court found no procedural bar to the suit – Detailed analysis of property records and witness testimonies confirmed plaintiffs’ claims [Paras 15-19, 32-36].

Decision – Appeal Dismissed – High Court confirmed the plaintiffs’ ownership and possession of disputed property – Defendants’ appeal found without merit, trial court’s judgment and decree affirmed [Paras 38-39].
 

Criminal Law – Unauthorized Abortion – Conviction under Section 314 IPC – Appellant accused of conducting an abortion leading to the death of the victim – Trial court’s conviction based on witness testimony and medical evidence – Appeal filed under Section 374 Cr.P.C. challenging conviction and sentence – High Court upheld the conviction but modified the sentence considering the appellant’s age, lack of criminal antecedents, and societal position [Paras 1-11].

Probation of Offenders Act, 1958 – Application of Section 4 – Appellant’s request for probation based on her first offence, poor socio-economic background, and the trauma of prolonged trial – State counsel did not object to the application of probation – High Court granted probation, releasing the appellant on a bond of good conduct for two years with conditions [Paras 12-20].

Decision – Appeal partly allowed – Conviction affirmed but sentence modified – Appellant released on probation for two years with specific conditions and directed to deposit the fine imposed by the trial court – Failure to comply with conditions would result in the execution of the original sentence [Para 21].
 

Taxation Law – DTVSV Act – Eligibility for Settlement – Petitioner’s appeal before CIT(A) dismissed for delay – Appeal pending before ITAT as on specified date under DTVSV Act – Rejection of application for settlement under DTVSV Act challenged – High Court held petitioner eligible for benefits as time for filing appeal before ITAT had not expired on specified date – Legislative intent of DTVSV Act to reduce litigation and expedite tax arrears collection emphasized – Revenue's interpretation contrary to objectives of DTVSV Act – Orders rejecting settlement benefits set aside [Paras 1-47].

Fiscal Policy – Legislative Intent – DTVSV Act – Objective to resolve tax disputes and expedite revenue collection – High Court affirmed liberal and purposive interpretation of beneficial legislation – Settled law that remedial statutes to be construed broadly to provide complete remedy – Reliance on Supreme Court and Delhi High Court judgments supporting liberal construction of fiscal statutes for achieving legislative goals [Paras 12-29, 36-45].

Decision – Writ Petition Allowed – Rejection of Forms 1 and 2 under DTVSV Act set aside – Petitioner permitted to file Form-4 – Revenue directed to proceed with application in accordance with DTVSV Act – Emphasis on objective of timely revenue collection and reducing litigation backlog [Paras 46-47].

Customs Law – Burden of Proof – Seizure of Gold and Currency – Voluntariness of Statements – Section 123 of Customs Act – Appeal by Revenue challenging CESTAT order which reversed confiscation of gold and Indian currency from respondent – Tribunal held the seized gold to be made from old jewellery and not smuggled – Tribunal accepted respondent’s retraction of statements made under Section 108 of Customs Act – Supreme Court’s principles on burden of proof and voluntariness of retracted statements examined – High Court reinstates adjudicating authority’s order, confirming confiscation and penalties, as respondent failed to prove lawful acquisition of seized gold and currency – Tribunal’s findings held to be perverse and contrary to Section 123. [Paras 1-27]

Statements under Section 108 of Customs Act – Retraction and Evidentiary Value – Analysis – Tribunal erred in dismissing respondent’s initial statements as involuntary without proper examination of retraction timing and consistency – Statements recorded in vernacular by respondent were voluntary – Reliance on Vinod Solanki’s case regarding the examination of retractions – Held, Tribunal’s acceptance of retraction without thorough scrutiny flawed. [Paras 17, 21-25]

Decision – Confiscation and Penalty – Upheld -  Restoration of Adjudicating Authority’s Order – High Court allows Revenue’s appeal – Sets aside Tribunal’s order – Restores the adjudicating authority’s order of confiscation and penalties – Confirms substantial questions of law in favor of Revenue – Respondent’s claim of gold sourced from old jewellery deemed unsubstantiated. [Para 27]