Evidence Law – Electronic Records – Admissibility – Section 65B of the Indian Evidence Act – Conditions for Electronic Evidence – Petitioner's request for voice sample comparison dismissed due to non-compliance with Section 65B requirements – Held, electronic records must be accompanied by a certificate as per Section 65B for admissibility – Petitioner failed to establish the authenticity of the recordings. [Paras 8, 19-21]

Evidence Law – Electronic Records – Primary and Secondary Evidence – No categorization of electronic records as primary or secondary – All electronic evidence must meet the conditions of Section 65B – Petitioner's recordings deemed unauthentic without necessary certification and source details. [Para 11, 16]

Decision – Petition dismissed – Trial Court's order upheld – Petitioner failed to prove the authenticity of electronic evidence – Trial Court directed to complete the trial within two months. [Paras 21-23]

Criminal Law – Prevention of Corruption Act – Mandatory Sanction – Competent Authority’s Refusal – Petitioner’s sanction for prosecution refused twice while in service – Post-retirement prosecution without sanction held invalid – Court's cognizance taken without valid sanction not as per law – Charges framed against petitioner set aside. [Paras 7-8]

Criminal Procedure – Sanction for Prosecution – Public Servant – Court returned cancellation report for further investigation twice – Prosecution attempted post-retirement without sanction – Held, once competent authority declined sanction, subsequent prosecution without it is impermissible even after retirement – Revision allowed, petitioner discharged. [Paras 7-8, 11]

Decision – Revision petition allowed – Order framing charges set aside – Petitioner discharged from charges under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988. [Para 11]

Administrative Law – Delay and Laches – Promotion and Seniority – High Court Establishment Rules – Petitioner aggrieved by delay in promotion due to administrative inaction – High Court objects to delay and laches – Held, objections of delay and laches overruled as the fundamental right under Article 14 of the Constitution is breached – Petitioner entitled to equal opportunity and fairness in action – Notional promotion from the date of availability of vacancy directed. [Para 23, 28]

Administrative Law – Equal Opportunity – Rule of Relaxation – Rule 38 of High Court Establishment Rules – Petitioner's promotion delayed despite recommendations for relaxation – Three batch-mates promoted earlier by relaxation of rules – Held, petitioner entitled to same relaxation and seniority as batch-mates – Seniority to be re-drawn accordingly. [Para 27-28]

Decision – Writ petition allowed – Impugned orders denying petitioner's claim invalidated – Petitioner to be notionally promoted from the date of availability of vacancy and seniority re-drawn – Seniority to be re-assigned over respondents 2 to 4 in the cadre of Judgment Writers and subsequent higher posts. [Para 28]

Constitutional Law – Equal Pay for Equal Work – Fixed Monthly Emoluments – Punjab Government’s notification providing only basic pay during probation and excluding probation period from total service held illegal – Held, violative of Articles 14 and 39 of the Constitution – Petitioners entitled to same salary as regular employees. [Paras 24, 27]

Employment Law – Probation Period – Exclusion from Total Service – Notification excluding probation period from total service period quashed – Probationary employees entitled to count probation period as part of their total service – Fixed monthly emoluments without allowances during probation period held unconscionable and exploitative. [Paras 24, 28]

Decision – Notification dated 15.1.2015 quashed – Petitioners entitled to full salary and benefits as regular employees from the date of judgment – Judgment applicable to all similarly situated employees. [Para 28]

Excise Law – Liquor License – Renewal – Conditions for Renewal – Petitioners' licenses not renewed for failing to meet the minimum monthly sale of non-alcoholic items as required by Haryana Excise Policy 2018-19 – Held, Rule 13 of the Haryana Liquor License Rules does not confer a right to renewal as a matter of right – Condition for renewal requiring average monthly sales of Rs. 2,00,000/- from non-alcoholic items upheld as lawful and reasonable. [Paras 12-13]

Excise Law – Manipulation of Sales – Evidence of Sudden Increase – Sales records showed a sudden and disproportionate increase in non-alcoholic items sales just before policy implementation – Court finds manipulation to meet policy conditions – Licenses rightly not renewed based on consistent and low sales figures except for manipulated months. [Para 11]

Administrative Law – Policy Changes – Retrospective Application – Condition for renewal in new policy not considered retrospective – Applicable to all licenses irrespective of previous policy terms – Held, no vested right for renewal under previous policies without conditions. [Para 12]

Decision – Writ petitions dismissed – Non-renewal of licenses upheld – Policy conditions for renewal deemed reasonable and not arbitrary. [Para 13]

Administrative Law – Policy Change – Doctrine of Promissory Estoppel – Cash Grant in Lieu of Land – Petition challenging government notification changing the mode of compensation from land allotment to cash grant for war widows and other defense personnel's families – Held, doctrine of promissory estoppel applicable only to applications made within the cutoff date of 27.01.1976 under the earlier scheme – New applications to be processed under the impugned notification, doctrine of promissory estoppel not attracted – Notification upheld as a valid policy decision due to non-availability of surplus agricultural land. [Paras 3, 4, 8, 9]

Constitutional Law – Article 226 – Writ of Certiorari – Petition seeking quashing of notification providing cash grant instead of land allotment dismissed – Notification found not contemptuous of prior court orders – Policy decision within the State Government’s rights – No arbitrariness or discrimination found in the policy. [Paras 1, 7, 11, 12]

Land Law – Punjab Package Deal Properties (Disposal) Act – Compensation for War Widows – Evolution of policy from land allotment to cash grants due to practical constraints – Adequate compensation determined by considering facts and figures, including Collector's rates – Notification aligned with earlier judicial decisions. [Paras 2, 6, 10]

Decision – Petition dismissed – Notification upheld – State Government’s policy decision to grant cash compensation instead of land is valid and lawful. [Para 12]

Tenancy Law – Eviction – Character of Building – Absence of Zoning Plan – Determination of Building Character – Held, in absence of zoning plan, scheme or notification proving residential or non-residential character of a building, the purpose for which demised premises was let out would determine its character. Here, the building was used for non-residential purposes as shops, and eviction was sought for the same non-residential use. [Para 28, 32]

Tenancy Law – Eviction – Bona Fide Need – Landlord’s Personal Use – Eviction sought for personal use of landlords and their families – Bona fide need established through evidence – Tenants' plea regarding existence of alternative accommodation dismissed – Eviction orders upheld. [Paras 9-10, 25, 33-34]

Procedural Law – Amendment of Written Statement – Order 6, Rule 17 CPC – Application for amendment of written statement to include facts occurring post-petition filing dismissed due to delay and non-necessity – No prejudice to tenant as evidence on the point already considered. [Paras 14-15, 25]

Procedural Law – Additional Evidence – Order 41, Rule 27 CPC – Application for leading additional evidence dismissed – Respondent aware of existence of evidence during trial but chose not to present it – Additional evidence not required for just decision of case. [Paras 13, 26]

Decision – Revision petitions dismissed – Eviction orders upheld based on bona fide need for non-residential use, with procedural applications rightly dismissed by lower courts. [Paras 35-36]

Tenancy Law – Eviction – Character of Building – Absence of Zoning Plan – Determination of Building Character – Held, in absence of zoning plan, scheme or notification proving residential or non-residential character of a building, the purpose for which demised premises was let out would determine its character. Here, the building was used for non-residential purposes as shops, and eviction was sought for the same non-residential use. [Para 28, 32]

Tenancy Law – Eviction – Bona Fide Need – Landlord’s Personal Use – Eviction sought for personal use of landlords and their families – Bona fide need established through evidence – Tenants' plea regarding existence of alternative accommodation dismissed – Eviction orders upheld. [Paras 9-10, 25, 33-34]

Procedural Law – Amendment of Written Statement – Order 6, Rule 17 CPC – Application for amendment of written statement to include facts occurring post-petition filing dismissed due to delay and non-necessity – No prejudice to tenant as evidence on the point already considered. [Paras 14-15, 25]

Procedural Law – Additional Evidence – Order 41, Rule 27 CPC – Application for leading additional evidence dismissed – Respondent aware of existence of evidence during trial but chose not to present it – Additional evidence not required for just decision of case. [Paras 13, 26]

Decision – Revision petitions dismissed – Eviction orders upheld based on bona fide need for non-residential use, with procedural applications rightly dismissed by lower courts. [Paras 35-36]

Negotiable Instruments Act - Section 138 Complaint - Rebuttable Presumption - Complaint dismissed and respondent acquitted - Respondent rebutted the presumption under Section 139 - Complainant failed to prove legally enforceable debt - Appeal dismissed. [Paras 1-10]

Burden of Proof - Financial Capacity - Analysis - Complainant failed to provide evidence of financial capacity to advance Rs. 5,00,000/- - No documentary evidence presented - Contradictory statements by complainant regarding relationship with respondent and details of loan. [Paras 5-6]

Admission of Signature - No Proof of Debt - Held - Mere admission of signature on cheque insufficient - Respondent claimed misuse of blank signed cheque - Complainant did not discharge burden of proving existence of debt - Presumption under Section 139 rebuttable by preponderance of probabilities. [Paras 7-8]

Decision - Appeal Dismissed - Trial court's judgment upheld - Complainant failed to prove case beyond reasonable doubt - Respondent acquitted - Appeal for leave to appeal dismissed. [Paras 9-10]

Industrial Disputes Act, 1947 - Section 2(s) - Definition of Workman - Petitioner’s claim rejected on grounds of involvement in selection process and supervisory work with a salary over Rs. 1600/- per month - Held, Management must prove the dominant nature of duties to exclude an employee from the definition of workman - Reliance on a mere statement of the workman is inadequate - Onus is on the management to lead credible evidence showing the nature of duties assigned. [Para 14-15]

Evidence of Supervisory Role - Management argued petitioner performed supervisory duties based on his signatures on selection documents - Held, signatures alone insufficient to classify petitioner as a supervisor without corroborative evidence - Appointment letter did not specify supervisory responsibilities - Petitioner’s exclusion from workman definition not justified. [Para 15-16]

Issue of Abandonment of Service - Labour Court’s finding of job abandonment by petitioner based on denied entry by security - Held, Management’s directive to deny entry invalidates claim of abandonment - Petitioner justified in claiming wrongful exclusion from duties. [Para 16]

Compensation in Lieu of Reinstatement - Considering long period out of service, reinstatement not feasible - Held, compensation awarded as per Apex Court’s principles in lieu of reinstatement - Management directed to pay Rs. 2.50 Lakhs within 3 months or face 7% interest per annum on delayed payment. [Para 19, 21]

Decision:

Writ petition allowed. The award dated 07.05.2010 is set aside. Management directed to pay Rs. 2,50,000/- to the petitioner within 3 months from receipt of certified copy of this order. Failure to pay within the stipulated time will attract additional interest at 7% per annum from the date of the award until recovery. [Para 21]