Motor Vehicles Act – Compensation Enhancement – Age Determination – The claimants sought enhancement of compensation for the death of the deceased, aged 36, in a motor accident, challenging the Tribunal's findings regarding age, deductions for personal expenses, and the exclusion of future prospects – Held: The Tribunal wrongly drew an adverse inference regarding the deceased’s age as 40, ignoring the postmortem report which recorded the age as 36 – The correct multiplier for 36 years is 15, and personal expenses should have been deducted at 1/4th instead of 1/3rd – Future prospects at 50% of the income were awarded as per Pranay Sethi [Paras 25-32, 36-40]​.

Income Calculation and Future Prospects – The gross salary of the deceased was ₹23,403, and the deduction for professional tax was only ₹200 – Based on this, the total annual income was ₹2,78,436 – Future prospects were computed at 50% of the income, following National Insurance Co. Ltd. vs. Pranay Sethi [Paras 28-31]​.

Interest Rate Enhancement – The interest awarded by the Tribunal at 6% per annum was increased to 9% per annum in line with recent Supreme Court judgments – Held: Compensation awarded was enhanced to ₹49,76,907 with 9% interest from the date of the claim petition until the date of deposit [Paras 54-56]​.

Decision – Appeal by the claimants allowed, compensation enhanced – Appeal by the employer dismissed – Compensation awarded at ₹49,76,907 with 9% interest per annum from the date of the claim petition​.

NDPS Act – Commercial Quantity – Recovery of 602 gms Heroin – Bail Denied – The petitioner was found in possession of 602 gms of heroin, significantly above the commercial threshold – The Court held that compliance with Section 50 of the NDPS Act was properly executed, and the delay in submitting the contraband to the FSL was not unreasonable [Paras 2-15].

Delay in Trial – Prolonged Incarceration – No Bail – Despite the petitioner being in custody for over two years and four months, the Court denied bail, citing the large quantity of contraband involved and the seriousness of the offense – Held: In cases involving commercial quantities, prolonged incarceration does not automatically justify bail [Paras 14-18].

Decision: The bail petition was dismissed. However, the Court stated that the petitioner could move a fresh bail application if the trial experiences further delays or prolonged custody without progress.

Civil Law – Res Judicata – Consolidated Suits and Appeals – Appeal dismissed due to res judicata – The appellant challenged the judgment of the First Appellate Court in two consolidated suits concerning property rights and easementary claims. The Court held that, due to the dismissal of a related appeal (RSA No. 278 of 1995) for default, the principle of res judicata applied, preventing further adjudication on the same issues in the current appeal – Held: The present appeal is dismissed as barred by res judicata [Paras 42, 47].

Civil Procedure – Applicability of Res Judicata to Dismissed Appeals – Court refers to the principle that once an appeal is dismissed in default, the findings of the lower courts become final and are not open to challenge in another appeal on the same matter – Non-filing or dismissal of an appeal results in finality to the judgment in the earlier case [Para 42].

Decision:

Appeal dismissed – No order as to costs.

Criminal Law - Quashing of Proceedings – Section 188 IPC – Absence of Written Complaint by Public Servant – Proceedings Quashed - The petitioners were charged under Section 188 IPC for allegedly obstructing a police officer’s duty. The Court held that cognizance under Section 188 IPC requires a written complaint from the public servant as per Section 195(1)(a) CrPC. Since no such written complaint was filed, the Court quashed the proceedings, holding that the charge sheet and FIR were without jurisdiction [Paras 8-10].

Section 195 CrPC – Bar on Cognizance Without Written Complaint – Application of Law - The Court reiterated the bar under Section 195 CrPC, which requires a written complaint by the public servant for offences under Section 188 IPC. The absence of such a complaint vitiates the entire proceedings, even if other charges, like Section 323 and Section 353 IPC, are involved, as these charges arise from the same transaction [Paras 7-9].

Decision – Criminal Proceedings Quashed - The Court quashed the proceedings against the petitioners under Sections 188, 323, and 353 read with Section 149 IPC, in light of the lack of a valid written complaint from the public servant, as required by law [Paras 12-13].

Service Law - Age Relaxation – Experience as Anganwadi Worker – Validity of Certificates – The respondent, having applied for the post of Supervisor Grade-II (Female), claimed age relaxation based on her experience as an Anganwadi Worker – Her candidature was rejected by DSSSB on the ground of over-age due to conflicting certificates of experience – The Tribunal held that the certificates were valid, as the respondent had worked for both the Department of Women and Child Development and an NGO simultaneously – Court upheld the Tribunal’s finding that the rejection of her candidature was arbitrary and directed verification of the certificates [Paras 2-4].

Concurrent Employment – No Conflict in Experience – The Court accepted that the respondent’s employment as an Anganwadi Worker did not preclude her from working part-time with an NGO – This concurrent employment did not invalidate her experience as an Anganwadi Worker for the purpose of age relaxation [Para 6].

Decision – Writ petition dismissed – The Tribunal’s order directing the petitioners to verify the respondent’s Anganwadi Worker certificate and to offer her appointment if found valid was upheld – No interference warranted under Article 226 of the Constitution of India [Paras 8-10].

Service Law – Termination of Teachers – Petitioners, employed as teachers in various government schools, were terminated after their educational certificates, particularly B.Ed. degrees, were found to be forged – Petitioners challenged the termination, alleging procedural lapses in the inquiry – Court held that the use of forged certificates for securing public employment amounts to fraud, and such appointments are void ab initio – Protection under Article 311 of the Constitution cannot be claimed in cases of fraudulent appointments [Paras 13-16, 27-31].

Fraudulent Appointments – Ineligibility for Protection – The court held that persons who secured public employment through fraud are not entitled to the protection of Article 311 of the Constitution – Petitioners failed to prove the authenticity of their B.Ed. degrees, and the National Council for Teacher Education (NCTE) Act mandates that unqualified persons cannot be appointed as teachers [Paras 21-24, 36-38].

Procedural Safeguards – Departmental Inquiry – Petitioners argued that they were not given a fair chance to defend themselves, and the inquiry process was flawed – Court ruled that even though procedural lapses were alleged, the fact that the petitioners lacked the necessary qualifications for appointment rendered the inquiry irrelevant – Fraud vitiates all actions, and procedural safeguards cannot rescue an appointment secured through deception [Paras 28-33, 42].

Decision – Writ petitions dismissed – Termination orders upheld as valid – Petitioners, having used forged documents for securing employment, were not entitled to any relief – The appointments were void ab initio, and the challenge to their termination failed [Paras 43-45].

Criminal Law – Anticipatory Bail – Appellant sought anticipatory bail in connection with allegations under Sections 368, 369, and 370 IPC regarding the abduction and trafficking of minors – Appellant contended that the children were voluntarily handed over to him through a Panchayat decision with formal adoption procedures – Held: The court found that the adoption was done with the consent of the complainant and no prima facie evidence supported the allegations of abduction or trafficking [Paras 14-17].

Delay in Filing Complaint – The court noted a delay of two years in filing the complaint, raising doubts about the genuineness of the allegations – The delay was linked to a potential dispute over the complainant’s intent to sell his late son's property [Paras 19-21].

Adoption Process – The adoption of the complainant’s grandson by the appellant, although not fully compliant with legal formalities, was agreed upon during a Panchayat meeting and witnessed by others, including the complainant himself – The court ruled that this did not constitute criminal intent under Sections 368, 369, or 370 IPC [Paras 22-24].

Decision – Appeal allowed – The court set aside the order rejecting bail, directing the appellant to surrender and be released on bail with sureties – There was insufficient evidence to justify charges under Sections 368, 369, and 370 IPC [Paras 25-28].

Service Law - Succession Certificate – Legal Heirship – Section 372 of Indian Succession Act – Second Marriage Void – Succession Certificate Granted to First Wife – The applicant, the second wife, contested the succession certificate granted to the respondent, the first wife, regarding the movable properties and family pension of the deceased Gangadhar. The courts below found the second marriage void as it was contracted during the subsistence of the first marriage. The court upheld the finding that the respondent is the sole legal heir entitled to the family pension [Paras 1-4, 16-22].

Pension Nomination – Rule 116 of Maharashtra Civil Services (Pension) Rules – Nomination Does Not Confer Legal Heir Status – The applicant claimed entitlement to the pension based on her nomination by the deceased husband. However, the court held that the nomination does not override legal heirship rights and cannot confer a legal status of a wife, especially when the second marriage is void under Hindu law. The court rejected the argument for equal division of the pension between both widows [Paras 10, 21-22].

Equitable Relief – Family Pension for 10 Years Already Received by Second Wife – No Further Pension Entitlement – The applicant had been receiving the family pension for 10 years to the exclusion of the respondent. The court ruled that the second wife, having received benefits unlawfully, was not entitled to further pension and directed the immediate release of the family pension to the first wife with arrears [Paras 30-33, 38-40].

Decision: Civil Revision Application Dismissed – The court upheld the concurrent decisions of the lower courts, confirming the first wife's status as the sole legal heir entitled to receive the family pension [Paras 34-41].

Writ Petition – Maintainability – Internal Disputes Between Private Clubs – Article 226 Not Applicable - The petitioner challenged the order passed by the Ethics Officer and Ombudsman of the HCA, asserting that the dispute involved inter se issues between private clubs. The Court held that writ petitions under Article 226 are not maintainable for disputes concerning private clubs governed by the Telangana Societies Registration Act, 2001. The role of the Ombudsman is akin to that of an arbitrator in such disputes, and recourse must be sought through civil courts [Paras 12-13, 16-18].

Delay and Laches – Petitioner’s Long Silence – Bar to Relief - The Court dismissed the writ petition on the grounds of delay and laches, observing that the petitioner had remained silent for nearly 13 years before making a claim in 2024. The Court relied on precedents where a delay in asserting rights led to the dismissal of claims, reinforcing that equity does not favor those who sleep over their rights [Paras 22-23].

Res Judicata – Effect of Previous Orders – No Grounds for Reconsideration - The petitioner’s claim was further weakened by the fact that earlier orders of the Ombudsman (2018) had attained finality, which restrained the petitioner from representing the Nalgonda District Cricket Association. The Ethics Officer and Ombudsman were correct in relying on these unchallenged orders, and the petitioner's attempt to unsettle these established facts was rejected [Paras 21, 29-31].

Decision – Writ Petition Dismissed – No Interference with Ombudsman’s Order - The High Court dismissed the writ petition, upholding the Ombudsman’s decision that recognized the 2nd respondent as the legitimate representative of the Nalgonda District Cricket Association. The Court found no merit in the petitioner’s claims of fraud or violation of procedural fairness [Paras 32-33].