Civil Procedure Code (CPC) - Revision under Section 115 - Plaintiffs seeking withdrawal of the suit with liberty to institute a fresh suit after realizing that it had been instituted against deceased defendants - Trial Court rejecting the withdrawal application - Whether institution of the suit against deceased persons is a formal defect and whether Order 23 Rule 1(3) of the CPC is applicable - The suit against a deceased person is a nullity since its inception and can be withdrawn with liberty to file a fresh suit on the same cause of action - Impugned order set aside, and plaintiffs allowed to withdraw the suit with liberty to file a fresh suit as permissible in law. [Para 1-13]

Land Acquisition Act, 1894 - Challenge to impugned notifications under Sections 4 and 6 - Acquisition proceedings for public purpose – Petitioners sought quashing of notifications for land acquisition in Sector 57, Gurugram for public purpose – Reliance on Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. [Para 1-3]

Legal Background – Supreme Court remanded the matter for fresh consideration by the High Court in light of the judgment in "Indore Development Authority v. Manoharlal". [Para 6-7]

Factual Background – Prior litigations, representations, and proceedings disclosed – Initial writ petition disposed of by High Court and liberty granted to petitioners to file representation – Rejection of representation by authorities led to current writ petition. [Para 4-5]

Legal Tenacity - Re-canvassing of relief based on the Indore Development Authority v. Manoharlal judgment - Claim for lapsing of acquisition proceedings - Statutory requirements for lapsing - Tendering of compensation and assumption of possession - Requirement for acquiring authority to meet statutory parameters embodied in Section 24(2) of Act of 2013. [Para 9]

Imperative Statutory Discharging Requirement - State's obligation to tender compensation and assume possession - Conditions for debarring the acquiring authority or enabling landowners to claim lapsing under Section 24(2) of Act of 2013 - Essential statutory elements to consider. [Para 9]

Lapse of Acquisition Proceedings - Conditions for the deemed lapse under Section 24(2) of Act of 2013 - Inaction of authorities for five years or more prior to the Act coming into force - Possession not taken, compensation not paid - Clarification of 'paid' in the main part of Section 24(2) - Non-deposit of compensation in court - Consequences and applicability of Section 24(2) - Mode of taking possession under the Act of 1894. [Para 9]

Decision - Dismissal of the writ petition - No merit found - Costs imposed on the petitioners - Disposal of pending applications. [Para 13-14]

Kidnapping – Biological Father’s Act of Taking Minor Son from Mother’s Custody – Examination of whether a biological father taking his minor son from the mother’s custody amounts to kidnapping under Section 363 of the IPC – Father’s role as natural guardian under Hindu law considered. [Para 4-5, 12]

Lawful Guardianship – Hindu Minority and Guardianship Act, 1956 – Discussion on the rights and obligations of parents as natural guardians – Reference to Section 6 of the Hindu Minority and Guardianship Act, 1956, establishing the father as the natural guardian of a minor, subject to certain conditions. [Para 6, 9, 11]

IPC Section 361 – Interpretation and Applicability – Analysis of Section 361 of the IPC, pertaining to kidnapping from lawful guardianship – Emphasis on the term “lawful guardian” and its implications on the case involving a biological father taking his child from the mother’s custody. [Para 7-8, 12-13]

Precedents – Reference to Prior Judgments – Citing various judgments, including from Orissa, Kerala, Karnataka, and Gujarat High Courts, supporting the view that a biological father taking his own child does not amount to kidnapping under Section 363, IPC. [Para 14-17]

Decision – Quashing of FIR – The Court finds no prima facie case for kidnapping under Section 363, IPC and deems the continuation of prosecution as an abuse of the process of the Court – The FIR in Crime No.431 of 2023 is quashed and set aside. [Para 18-19]

Criminal Petition – Quashing of proceedings – Accused seeks quashing of order rejecting discharge application – Accused No. 8, Dr. Neha Bansal, a doctor, was implicated in a case involving the alleged leakage of question papers in a postgraduate entrance test – The government constituted an inquiry committee, which found malpractice and referred the matter to the CBI – Dr. Neha Bansal's discharge application was rejected by the concerned court – The polygraph test revealed deceptive responses, and brain mapping analysis suggested her knowledge of the alleged crime – Corroborative material in the charge sheet based on statements of witnesses – Quashing of proceedings not justified at this stage – Serious disputed questions of fact – Trial necessary – High Court's order to quash proceedings set aside. [Para 2-10]

Quashing of Complaint - Negotiable Instruments Act - Proceedings under Section 138 of the Act - Petitioners challenging proceedings instituted against them - Accused persons include Directors and office bearers of a company - Cheque issued for credit facility - Chairman of the Company issued the cheque, which was signed by him - Chairman passed away after issuance of the cheque - Accused No. 2 succeeded as Chairman - Renewal and execution of loan documents by accused Nos. 2 to 6 - Cheque presented for realization after being declared a non-performing asset - Dishonored cheque leads to legal proceedings - Company denies liability. [Para 1-12]

Cheque Issued as Security – Liability of Drawer – Presumption under Section 139 of the Negotiable Instruments Act – Blank cheque voluntarily signed and handed over by the accused towards payment – Presumption of liability under Section 139 unless rebutted with evidence – Death of the drawer does not absolve liability, especially when the cheque is issued on behalf of a Company – Company and its office bearers must rebut the presumption before the Court. [Para 15-16]

Decision – Criminal petitions dismissed – Observations made in the order are for the consideration of the case under Section 482 of the Cr.P.C. and do not bind or influence any other pending proceeding. [Para 16]

Matrimonial Petition – waive the cooling period - Request to set aside the order rejecting the application for waiving the cooling period in a divorce case under Section 13-B of the Hindu Marriage Act – Parties married with differences, seeking dissolution of marriage through mutual settlement – Compromise agreement in place – Principal Judge, Family Court refused to waive the cooling period – Parties assert that there are no children and that reconciliation is impossible – Contention that Amardeep Singh judgment was not considered correctly – Reference to Shilpa Sailesh judgment – Observations on the importance of the cooling-off period and waiver conditions – Impugned order not interfered with, but parties advised to move an appropriate application before the Family Court for consideration in accordance with law. [Para 1-17]

Trade Regulation – Challenge to Import Prohibition – Fresh Fruit Flowers and Vegetables Traders Association, Delhi, challenges an import prohibition on cut flowers imposed by the Directorate General of Foreign Trade (DGFT) through an impugned notification – Allegation of discrimination and infringement of constitutional rights. [Para 1-3]

Background to the Dispute – Previous Writ Petition and Court's Directions – The dispute's origins traced to a prior writ petition challenging the notification – Court had directed DGFT and Ministry of Commerce & Industry to decide the petitioner's representations – Subsequent order issued by DGFT denying the petitioner's requests challenged in the present case. [Para 3]

Legal Challenge - Import of Cut Flowers - Dispute over the exclusive import of cut flowers through Chennai Airport - Petitioner challenges the government's directive - The case revolves around whether the government's decision is arbitrary and in violation of the petitioner's rights. [Para 23]

Bio-Security and Operational Efficiency - Government's justification for the exclusive import through Chennai Airport - Government argues that this decision serves national bio-security interests and optimizes operational efficiency - It aims to expedite clearance processes and ensure rigorous adherence to phytosanitary inspection protocols. [Para 24]

Specialized Expertise - RPQS Chennai's capabilities - Chennai facility equipped with advanced instrumentation and specialized personnel for identifying elusive pests in cut flowers - Demonstrates the need for specialized expertise in ensuring bio-security. [Para 25]

Phytosanitary Risks - Import of cut flowers associated with high phytosanitary risks - Emphasis on preventing the introduction of harmful exotic pests into India - Government's responsibility for safeguarding bio-security and ecological stability. [Para 27]

Administrative and Policy Decisions - Court's role in matters of import regulations and resource allocation - Acknowledgment that specialized determinations best left to experts in relevant fields - Government's prerogative to make policy decisions regarding the safeguarding of domestic agriculture. [Para 30]

Future Plans - Government's commitment to upgrading facilities at various ports, including Delhi - Phased approach to strengthen technical manpower and laboratory facilities - Indication of the government's long-term strategy for bio-security. [Para 31-33]

Disposition of the Petition - Ongoing initiatives by the government to address challenges faced by the petitioner - Judicial intervention not warranted at this stage - The petition is disposed of. [Para 35-36]

Police Detention – Illegal arrest and detention without following due procedure – Petitioner seeks compensation – Investigation reveals the Petitioner was picked up and placed in lock-up without an FIR or due process – Violation of fundamental right to personal liberty under Article 21 of the Constitution – Principles laid down in D K Basu case followed. [Para 1-8]

Compensation – High-handed actions by the Police authorities – Deprivation of personal liberty without lawful procedure – Award of compensation under Article 21 – Message to authorities that police officers cannot act arbitrarily – Compensation of Rs. 50,000 granted, to be recovered from the salaries of erring officers. [Para 10-14]

Criminal Revision – Quashing of proceedings and charge sheet – Petitioner seeks the quashing of charges under IPC Sections 341/323/506 – Dispute related to the petitioner’s place of stay – Examination of relevant facts and circumstances. [Para 1-7]

Family Dispute – Marital discord related to the place of residence – Husband’s parents are deceased, and he resides with the petitioner’s family – Mother of the petitioner is blind – Petitioner is the sole earning member – Emphasis on the importance of supporting and taking care of parents. [Para 8-12]

Abuse of Process of Law – Lack of prima facie evidence to substantiate alleged offenses – Quashing of proceedings warranted – No material in the case diary to support the charges against the petitioner. [Para 15]

Decision – The revisional application is allowed – Impugned proceedings and charge sheet quashed – All connected applications disposed of – Interim order vacated – Copy of judgment to be sent to the Trial Court for compliance. [Para 16-21]