Bail Application – Second Attempt – Rejection of First Application and RenewalThe petitioner, Ashok @ Mulla Ram, filed a second bail application under Section 439 Cr.P.C., after his first application was rejected. The renewal was made possible after the recording of statements from the Investigating Officer and other witnesses. [Para 1-2]

Search and Seizure – Compliance with NDPS Act – Role of Seizing Officer- The counsel for the petitioner argued that the seizing officer was not authorized to conduct the search and seizure under the NDPS Act. The officer was not posted as the Station House Officer (SHO) at the time, which is a requirement under the Act for such actions. [Para 3, 6-7]

Prosecution's Counter-Argument – Recovery of Contraband- The Public Prosecutor opposed the bail application, emphasizing that the case involves the recovery of 100 bottles of Moncof cough syrup and that the impediments under Section 37 of the NDPS Act are applicable. [Para 4]

Legal Provisions and Compliance – NDPS Act- The court discussed the stringent provisions of the NDPS Act and the necessity for their strict compliance, especially concerning search, seizure, and arrest procedures. [Para 7, 9-10, 17]

Life and Liberty – Constitutional Safeguards- The court highlighted the sanctity of life and personal liberty as protected under Article 21 of the Constitution. [Para 18]

Decision – Grant of Bail - The court, considering the non-compliance with the NDPS Act and the constitutional importance of personal liberty, granted bail to the petitioner. [Para 19-20]

Cheque Bounce Case – Examination of Handwriting Expert – Disputed Signatures – Permission to examine handwriting expert denied – Complaint filed under Section 138 of the Negotiable Instruments Act, 1881 – Accused denied signatures on the cheque from the beginning – Petitioner sought permission for comparison of accused’s signatures on the cheque with specimen signatures – Application dismissed by trial court – Petitioner’s claim that expert’s signatures were taken after summons from court instead of in court – Coordinate Benches’ decisions cited – Principle that complainant must lead evidence on disputed signatures at appropriate stage – Petition for examination of expert as rebuttal evidence at defense stage not allowed – Report of experts not binding on court – Petition dismissed. [Para 1-10]

Civil Appeal – Annulment of Marriage – Appellant seeks annulment of marriage on grounds of fraud under Section 12(1)© of the Hindu Marriage Act, 1955 – Allegations of force and fraud as to nature of the ceremony or material facts concerning the respondent – Appellant’s demand of dowry and failure to complete VISA formalities after marriage – Alleged misrepresentation about dowry and intent to relocate to New Zealand – Respondent claims fraud in obtaining consent for marriage – Whether allegations constitute grounds for annulment under Section 12(1)©. [Para 1]

Interpretation of “Fraud” – Hindu Marriage Act – Distinction between “fraud” under Section 17 of the Indian Contract Act, 1872 and “fraud” under Section 12(1)© of the Hindu Marriage Act, 1955 – Fraud must relate to material facts or circumstances concerning the respondent – Not every misrepresentation or concealment constitutes fraud – Material fact should be of a nature likely to interfere with marital life – Analysis of materiality of alleged fraud. [Para 26-29]

Limitation – Petition for Annulment – Section 12(2)(a) of the Act of 1955 – Limitation period for filing annulment petition – Alleged fraud known to respondent since marriage, but petition filed after 25 months – Whether petition filed within limitation period – Interpretation of “force ceased to operate” and “fraud had been discovered” – Application of limitation principles in the context of the case. [Para 34-37]

Procedural Application – Order VII Rule 11 CPC – Maintainability of application at final argument stage – Scope of application – Consideration of averments in the petition only – Distinction between the Hindu Marriage Act and the Indian Contract Act regarding fraud – Evaluation of cause of action and materiality of facts – Application of principles from relevant case laws. [Para 16-23]

Conclusion – Allegations of fraud and force fail to establish a cause of action under Section 12(1)© of the Act of 1955 – Petition for annulment of marriage rejected – Limitation aspect considered and dismissed – Application under Order VII Rule 11 CPC allowed – Appeal allowed, pending applications disposed of. [Para 40-42]

Criminal Quash Petition – Offences under Sections 132 and 135(1)(a) and (b) of The Customs Act, 1962 – Petitioner challenges Criminal Complaint and summoning order – Allegation of smuggling arms and ammunitions – Petitioner’s License used by father for import – Petitioner’s statement under Section 108 of the Act – Petitioner studying law and a national-level shooter – Court’s duty to ascertain sufficiency of grounds for summons – Importance of issuing summons judiciously – No concept of vicarious liability under Criminal Law – No prima facie case made out against petitioner – Preponderance of probability not sufficient for summoning – Applicability of Section 138A not established – Petitioner’s License utilized without her knowledge – Petitioner’s statement reasonable and plausible – Allegations against petitioner not disclosing offence – Bright future and aspirations of petitioner – Criminal Complaint quashed against petitioner – Proceedings against other accused to continue.

Civil Writ Petition – Challenge to disciplinary action and dismissal from banking services – Petitioner dismissed based on allegations of financial misconduct – Past instances of departmental proceedings and interventions by the Court – Repeated assessment of charges and disciplinary actions – Legal principles on maintaining financial probity in bank services – Upholding the punishment as just and proper based on thorough analysis of charges and evidence – Writ petition dismissed. [Para 1]

Violation of Principles of Natural Justice – Previous orders set aside on grounds of procedural errors – Remand for independent reconsideration without being influenced by earlier observations – Disciplinary Authority’s analysis of charges and justification for punishment – Previous instances of setting aside orders not a blanket justification for reversal of subsequent actions – Reinstatement not feasible due to age of petitioner – Financial benefits discussed. [Para 22]

Financial Probity in Banking Services – Importance of honesty and integrity in handling bank finances – Officers and employees acting as trustees of public faith – Misconduct affecting trust in banking system – Need for strict actions against officers indulging in personal gains to the detriment of depositors’ interests. [Para 24-26]

Principles of Finality – Reference to res judicata and the significance of judgments in earlier proceedings – Reversal of previous orders not automatic justification for altering subsequent disciplinary actions – Citing relevant judgments emphasizing discipline and integrity in banking services. [Para 21, 23, 27]

Conclusion – Petition challenging dismissal and disciplinary actions rejected – Upholding the validity of punishment based on thorough analysis of charges, repeated interventions, and legal principles pertaining to financial probity and discipline in banking services. [Para 28-29]

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Eviction of son from property – Applicability of Section 4(3) – Obligation of children to maintain parents – Need-based maintenance – Quashing of eviction order.

Facts [Para 20-22]: The petitioner and his wife were living with the petitioner’s parents. Allegations were made that the petitioner mistreated his parents and did not properly maintain them. The parents sought maintenance and eviction of the petitioner from the property under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Issues:

1. Whether the eviction order passed by the Sub. Divisional Magistrate was sustainable? [Para 31]

2. Whether the petitioner’s obligation to maintain his parents extended to their needs for leading a normal life under Section 4(3) of the Act? [Para 25, 26, 29]

Observations and Decision:

- The court examined the objective of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which aimed to provide need-based maintenance and protect older persons’ rights. [Para 23]

- Section 4(3) of the Act emphasized the obligation of children to maintain their parents, ensuring that they lead a normal life. [Para 25]

- The court observed that the petitioner was living in a room and a shop, while the rest of the house was in possession of the mother and sister. [Para 25]

- The court noted that the Tribunal’s role was to ensure that senior citizens could enjoy their property as per their need, with eviction as a last resort. [Para 29]

- The court quashed the eviction order, stating that it was not in line with the Act’s objective, and directed the petitioner not to inconvenience the mother’s needful living. [Para 32-34]

- The court highlighted the importance of maintaining the family structure and ensuring need-based maintenance. [Para 35]

Decision: The impugned eviction order was quashed, and the petitioner was directed not to inconvenience the mother’s living. The court emphasized the significance of need-based maintenance and protection of older persons’ rights. [Para 32-34]

Civil Appeal – Property Dispute – Ownership and Possession – Appellants challenged the judgment of the First Appellate Court upholding the Trial Court’s decree of possession and mandatory injunction – Suit property was claimed by the Respondent, who provided documents to establish his title – Appellants alleged forgery and lack of proof for the documents – Admissibility of photocopies of documents as evidence – Objection of mode of proof not raised at Trial Court – Plea of adverse possession not raised in written statement – Admissibility and proof of documents – Conclusiveness of concurrent fact findings – First Appellate Court’s conclusion upheld by this Court. [Para 1]

Evidence – Mode of Proof – Objection to admissibility of documents on ground of mode of proof – Objection not raised at Trial Court – Appellants not entitled to raise such objection at first appeal – Supreme Court precedent on objections to mode of proof – Objection should be raised when evidence is tendered – Failure to raise objection results in waiver of objection – Plea of mode of proof not maintainable in first appeal. [Paras 8-9]

Property Dispute – Adverse Possession – Appellants raised plea of adverse possession in first appeal – Adverse possession not pleaded in written statement – Inconsistent pleas of co-ownership and adverse possession – Supreme Court’s requirement to prove clear and continuous possession along with animus possidendi – Burden of proof on person claiming adverse possession – Appellants precluded from raising plea of adverse possession in these circumstances. [Paras 10-11]

Conclusion: No substantial question of law raised in the appeal – First Appellate Court’s judgment upheld – Appeal dismissed – Pending application(s) disposed of. [Para 12]

Criminal Appeal – Unauthorized Absence – Departmental inquiry against petitioner for unauthorized absence during COVID-19 pandemic – Challenge to penalty imposed for absence – Doctrine of proportionality applicable to quantum of punishment – Special circumstances of pandemic and quarantine need to be considered – Penalty set aside, remanded to Disciplinary Authority for re-evaluation. [Para 20]

Doctrine of Proportionality – Imposition of penalty in departmental proceedings – Quantum of punishment to be reasonable and proportionate to the misconduct – Factors to consider include measure, magnitude, degree of misconduct, and all relevant circumstances – Penalty must not be grossly in excess of allegations – Doctrine applied in remanding matter for re-evaluation of penalty. [Para 17, 18]

Unauthorized Absence – Absence from duty without permission – Special circumstances of COVID-19 pandemic – Employee initially placed under quarantine after authorized rest – Penalty imposed for subsequent absence on medical grounds – Penalties in such cases to be assessed with consideration for compelling circumstances – Penalty set aside, matter remanded. [Para 15, 16]

Principles of Natural Justice – Application in departmental proceedings – Scope of judicial review in disciplinary matters – Limited intervention allowed in cases of violation of natural justice, denial of reasonable opportunity, or disproportionate punishment – Disciplinary proceedings to be conducted fairly and based on evidence – Intervention on grounds of proportionality. [Para 12]

Unauthorized absence during pandemic requires sympathetic consideration – Penalty imposed disproportionate to circumstances – Matter remanded to Disciplinary Authority for re-evaluation of penalty – Doctrine of proportionality applied in setting aside penalty. [Para 19, 20]

Negotiable Instruments - Cheque Bounce - Acquittal - Appeal against acquittal under Section 138 of the Negotiable Instruments Act - Trial court held that complainant failed to prove the cheque was issued in discharge of legally enforceable debt - Presumption under Section 139 rebuttable - Accused raised a probable defense - Appeal dismissed. [Paras 9-11]

Presumption and Burden of Proof - Analysis - Section 139 presumption is rebuttable - Accused can raise defense contesting existence of debt or liability - Standard of proof for rebuttal is preponderance of probabilities - Accused's probable defense created doubt about debt existence - Prosecution failed. [Paras 9, 10]

Case Facts - Vehicle Purchase and Cheque Issuance - Respondent purchased vehicle, paid part by cheque which was dishonored - Loan from Mahindra & Mahindra Financial Services Limited - No evidence connecting loan and appellant - Appellant failed to prove cheque was for legally enforceable debt - Trial court's findings upheld. [Paras 2, 5, 8, 10]

Decision - Appeal Dismissed - Acquittal upheld - Trial court's decision confirmed - Appeal dismissed for lack of proof of legally enforceable debt. [Para 11]