Termination & Reinstatement – Industrial Dispute Act, 1947 – Petitioner challenges Tribunal award granting reinstatement and back wages to respondent workman who was denied duty post-medical leave – Tribunal found the termination in violation of Industrial Disputes Act provisions – Held, termination was unjust, reinstatement ordered with 25% back wages – Fact of workman having secured employment elsewhere considered; on basis of his lower earnings at new job, tribunal deemed 25% back wages appropriate – [Paras 1-11]

Tribunal Findings – Evidence & Procedure – Tribunal relied on admissions from management and failure-report from conciliation proceedings; found management’s defense of workman abandoning job untrustworthy – Court upheld Tribunal’s approach and findings, affirming workman’s wrongful termination – [Paras 5-6, 10-11]

Compensation Modification – On appeal, High Court modifies relief; instead of reinstatement, grants lump-sum compensation considering the workman’s age, employment status, and management’s past conduct – Orders Rs. 3,30,000 compensation in lieu of reinstatement and continuity of service – [Para 12-14]

Constitutional Law – Right to Life and Personal Liberty – Petitioners, fearing threats from private respondents after marrying against their wishes, seek protection under Article 21 – Court finds it appropriate to provide temporary police protection without adjudication on the merits of the threat perception – Police protection granted for one week, extendable on a day-to-day basis based on ground realities or upon request by petitioners – Petitioners restricted from attending high-risk activities to ensure their safety – [Paras 1-7].

Family Law – Right to Family Life – Despite threats, Court facilitates reconciliation efforts by allowing controlled family meetings – Family members of petitioner No. 1 permitted to meet under police supervision in civil attire – Meeting conditions set to ensure safety and decorum – [Para 8].

Procedure – Use of Court Orders – Court specifies that the order can be downloaded from the official website and used directly, ensuring swift implementation and compliance without the need for certified copies – [Para 10].

Order: Petition allowed to the extent mentioned above, providing temporary protection and arranging family meetings under supervision.

Patent Law – Pre-grant opposition – Appeal against High Court’s order not to entertain writ petition challenging the Controller’s rejection of pre-grant opposition on grounds of alternative remedy – Invention related to an artificial liquid cream for unsweetened cooking and whipping, claimed not novel due to prior art patent (D1) owned by appellant, which had expired – Controller and Single Judge found that the specific composition and process claimed by TFPL were novel and not disclosed in D1, hence patentable – Appeal dismissed on grounds that Controller’s order was not manifestly erroneous, and alternatives remedies were available. [Paras 1-21]

Role of Prior Art in Patent Eligibility – Discussion – Held – Controller’s rejection of RPC’s pre-grant opposition was based on findings that prior patent D1 did not disclose the specific stabilizer system comprising of Xanthan Gum and Hydroxypropyl Methyl Cellulose (HPMC) in the claimed composition, which was held as novel by the Controller. The Court upholds the Controller’s decision and rejects RPC’s appeal, indicating no jurisdictional error or misapplication of law in the Controller’s decision. [Paras 10-14, 17, 20]

Judicial Review Limitations – Analysis – Held – The Court emphasizes the discretionary nature of judicial review under Article 226 of the Constitution, especially when an alternate statutory remedy is available. The Court concurs with the learned Single Judge that there was no manifest error in the Controller’s decision warranting interference, and that the remedies post-grant should be pursued as provided under the Patents Act. [Paras 10, 16-20]

Decision – Dismissal of Appeal – The High Court upholds the decision of the learned Single Judge, affirming the rejection of the pre-grant opposition by the Controller, thereby dismissing the intra-court appeal filed by RPC. The decision underscores the adequate alternate remedies available under the Patents Act for challenging patent grants. [Para 21]

Income Tax – Reassessment Notice Validity – Challenge against reassessment notice issued under Section 148 and subsequent order under Section 148A(d) – Notice based on transactions with Mr. Manoj Sethi, alleged to have unexplained cash deposits – Petitioner contends all transactions were through cheques and fully disclosed during original assessments – Court finds no improper assumption of jurisdiction by AO under Section 147 as the petitioner failed to disclose cash transactions in the original proceedings – Petitioner’s claim of full disclosure in original assessments rejected – Reassessment proceedings held valid. [Paras 1-30]

Duty of Disclosure under Income Tax Law – Emphasis on the requirement for assessee to ‘fully and truly’ disclose all material facts necessary for assessment – Mere production of accounts or evidence from which material evidence could be discovered by AO does not amount to disclosure – Supreme Court precedents stressed on the duty of the assessee to facilitate the AO’s discovery of material facts. [Paras 18-22]

Legal Interpretation of ‘True and Full Disclosure’ – High Court elaborates on the scope of true and full disclosure under Section 147, influenced by Supreme Court’s interpretation – Disclosure must include all material facts that could lead to a higher income assessment than originally made – Failure to disclose such facts justifies reassessment. Petition Dismissed. [Paras 19, 20, 23]

Muslim Law – Maintenance and Stridhan – Overlapping claims under Section 125 Cr.P.C. and Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 concerning maintenance and dowry-like gifts – Conflicting judgments in concurrent proceedings leading to multiple claims by the wife for maintenance and dowry return – High Court, applying Supreme Court guidelines from Rajnesh vs. Neha & Anr. (2021) 2 SCC 324, dismisses revisions filed by both husband and wife, affirming the lower courts’ orders which provided for maintenance and return of stridhan, observing that the overlapping claims were correctly adjusted – Held that the awards for maintenance under both proceedings were fair and reasonable, properly accounting for overlapping jurisdictions and previous awards. [Paras 1-26]

Marriage Gifts and Maintenance Post-Divorce – Factual Background and Court’s Findings – The court upholds the lower court’s decision requiring the petitioner to return gold ornaments and other gifts, quantified at a value of Rs. 1,64,000, to the opposite party. Validates the lower court’s orders on both interim and final maintenance provisions, ensuring adequate support for the wife post-divorce. [Paras 13, 19, 21]

Role of Documentary Evidence in Maintenance Proceedings – Importance Highlighted – The court dismisses the petitioner’s claims of having returned the dowry articles due to lack of substantial evidence. The judgment underscores the necessity of concrete proof when disputing claims related to the return of marriage gifts and dowry items. [Paras 18-19]

Decision – Upholding of Lower Court’s Orders – The High Court dismisses both revisional applications (CRR 868 of 2020 and CRR 3014 of 2019), affirming the decisions of the lower courts in directing the petitioner to provide maintenance and return dowry gifts. The court also vacates any interim orders and directs compliance with its mandates, aligning with established legal guidelines to ensure fairness in maintenance proceedings. [Paras 21-25]

Criminal Law – Quashing of Second FIR – Criminal Miscellaneous Application – Quashing of the orders dated 05.03.2016 passed by the learned 5^th Additional Sessions Judge, Saran at Chhapra, and the order dated 21.01.2015 passed by the learned Chief Judicial Magistrate, Saran at Chhapra, directing the lodging of a second FIR in connection with Chhapra Town P.S. Case No. 52 of 2013 – Application filed under Section 482 of Cr.P.C. citing the impermissibility of a second FIR for the same occurrence – Supreme Court precedents including T.T. Antony v. State of Kerala (2001) 6 SCC 181 and State of Haryana v. Bhajan Lal 1992 Supp (1) SCC 335 relied upon – Held that the second FIR and subsequent proceedings are an abuse of the process of law – Orders quashed. [Paras 1-12]

Second FIR – Legal Prohibition – Analysis – Held – The Supreme Court’s judgments in T.T. Antony and Bhajan Lal cases clearly prohibit the lodging of a second FIR in respect of the same cognizable offense – The lodging of a second FIR would lead to a fresh investigation, which is not permissible – The court finds the actions to be manifestly attended with mala fide intentions and amounts to misuse of the judicial process. [Paras 8-10]

Decision – Quashing of Second FIR – Court quashes the orders directing the lodging of the second FIR and sets aside all consequential proceedings – Application allowed. [Para 11-12]

Compassionate Appointment – Rejection of Application – Petitioner’s husband died in 2008 while employed with Food Corporation of India – Petitioner applied for a compassionate appointment soon after but faced rejection and subsequent delays in processing her applications – High Court held that compassionate appointment is not a matter of right but a concession meant to prevent destitution – Given the substantial time elapsed and no exceptional destitution shown, petitioner’s claim held unsustainable – Relevant policy (2013) not retrospective to cover 2008 – Petition dismissed. [Paras 1-8]

Revision under Article 227 against order denying adjournment for expert cross-examination – Challenge against Trial Court’s order dated 16.04.2024 dismissing adjournment application for cross-examining Dr. Jassy Anand (PW-7), a forensic expert engaged to compare signatures/thumb impressions in property transaction documents – Supreme Court previously granted only one opportunity for plaintiff to complete evidence, specifically directing that proceedings conclude by 30.04.2024 – High Court finds no merit in petitioner’s claim that an additional opportunity should be granted for producing the expert for cross-examination, noting the specific directive of the Supreme Court for only one opportunity and adherence to scheduled dates by the Trial Court – Revision petition dismissed due to lack of substantive reasoning for the expert’s non-availability on the fixed date and the Trial Court’s correct application of the Supreme Court’s directive. [Paras 1-6]

Medical Treatment Entitlement – Writ of Mandamus sought for advance payment of 90% of estimated costs for a lung transplantation, cited non-response to petitioner’s requests as illegal and unconstitutional – Petitioner, a school teacher with significant accolades, diagnosed with severe lung disease, requires transplantation; cited two Office Memorandums promising financial aid for such conditions – Court recognizes a mismatch in funds allocation by the respondent authorities, with only Rs. 20,00,000 approved against an estimated Rs. 70,00,000 from KIMS and Rs. 50,00,000 from Apollo Hospital [Para 2-11].

Judicial Precedents – Reference to several cases supporting state responsibility in providing health services under Article 21 of the Constitution – Mentioned Manoj M vs. State of Kerala, Mohd. Ahmed (Minor) vs. Union of India & Ors, and Brij Mohan Lal vs. Union of India to assert the state’s duty to finance rare disease treatments [Para 7-10].

Court’s Decision – Directed immediate issuance of additional funds totaling Rs. 45,00,000 inclusive of post-operative costs, aligning more closely with the lower estimate provided by Apollo Hospital – Emphasized the state’s responsibility to ensure adequate medical treatment without solely relying on state resources, suggesting possible supplementation through public and private contributions [Para 12-13].