Non-discrimination in government employments - Denial of promotion to a disabled employee - Promotion rules requiring maintenance of medical category SHAPE-1 - Difference between 'combatised' and 'combatant' personnel - Interpretation of exemption notifications - Legislative intent to protect disabled employees while ensuring safety and security - Denial of promotion not solely based on disability. [Para 16-19]

Section 47(2) of the Act of 1995 and Section 20 of the Act of 2016 - Protection against denial of promotion based on disability - Promotion rules mandating maintenance of medical category SHAPE-1 - Denial of promotion not solely based on disability - Medical eligibility conditions in paramilitary forces - No violation of statutory provisions. [Para 20-21, 26]

Prescription of minimum medical standards for promotion - Not a denial of promotional opportunity to persons with disabilities - Stipulation of standards for safety, security, and efficiency - Intention of the Act to provide assistance to persons with disabilities while ensuring public safety and welfare. [Para 28-29]

Distinction between removal or reduction in rank and denial of promotion - Disabled employees cannot be removed or reduced in rank - Option to adjust employee against another post or keep them on a supernumerary post - Denial of promotion based on disability triggers protective mechanism. [Para 22-25]

Requirement of meeting minimum medical standard for promotion - Not a denial of promotion based on disability - Illustration of physical characteristics and qualifications for specific posts - Section 47(2) not applicable in such cases. [Para 28-31]

Compliance with recruitment rules and statutory medical eligibility conditions - Paramilitary force's need for maintaining safety and security - Denial of promotion not solely due to disability - No discrimination against the employee. [Para 30-31]

Decision: The petition challenging the denial of promotion to the disabled employee is dismissed.

Juvenile Justice – Bail – Section 12 – The petitioner's bail application was initially rejected solely due to his habit of drinking. Held: The petitioner is entitled to bail as there is no material to show that his release would bring him into association with known criminals, expose him to moral, physical, or psychological danger, or defeat the ends of justice. Bail granted. [Paras 1-16]

Right to Bail for Juveniles – Legal Position – According to Section 12 and settled legal positions, bail for a child in conflict with the law is a matter of right, and its denial is an exception. The rejection of the petitioner's bail solely on the basis of his drinking habit was not justified as there was no evidence to meet the exceptions outlined in the Act. [Paras 10-15]

Case Law and Precedents – The Court referred to several judgments where bail was granted to juveniles despite serious allegations, reinforcing the principle that bail is a right for juveniles unless specific exceptions apply. [Paras 7, 11-13]

Decision – Bail Granted – The petitioner's Criminal Revision was allowed, and the orders rejecting his bail were set aside. The petitioner was ordered to be released on bail subject to furnishing bail/surety bonds. [Paras 15-16]

Arbitration Law – Non-Speaking Award – Section 34 – Appeal challenging the arbitral award and its dismissal on the ground that the award was non-speaking and thus invalid. Held: For an award to comply with Section 31(3) of the Act, it must contain reasons supporting the conclusions unless the parties agree otherwise. The absence of reasons constitutes a patent illegality under Section 34 of the Act. The impugned award and order were set aside. [Paras 1-10]

Requirement of Reasons – Compliance with Section 31(3) – The arbitral award must provide reasons to justify the conclusions reached unless the parties have agreed that no reasons are necessary. In this case, the award lacked such reasons, making it non-compliant with Section 31(3) and hence patently illegal. [Para 8]

Judicial Precedents – Standard for Reasons in Awards – Citing various Supreme Court judgments, the Court emphasized that reasons are essential to demonstrate the thought process behind the conclusions in an award. The failure to provide reasons renders the award legally flawed and subject to being set aside. [Paras 5-7]

Decision – Award and Order Set Aside – The Court set aside the arbitral award and the order dismissing the objections, allowing the appeal and remitting the matter for fresh proceedings in accordance with the law. [Para 9]

Review Petition - Public Purpose - Land Acquisition - New Evidence - Unauthorized Representation-Review Petition - Grounds for Review – Review petition under Article 227 challenging the judgment dismissing the challenge to land acquisition proceedings – Held: Review can be sought only if there is a manifest error or mistake in the judgment. The grounds for review must include new evidence that is relevant and has the potential to change the outcome of the case. Rehearing under the guise of review without new substantial evidence is improper. [Paras 1, 19-20]

Public Purpose - Change in Use – Analysis – Held: The argument that the purpose for which the land was acquired has been served and the land is no longer required does not hold. Public purpose definitions are dynamic, and changes in planning or utilization of land by the state do not invalidate the original acquisition. [Paras 12-13]

Unauthorized Representation – Consideration – Held: The plea that the counsel who argued the original case was unauthorized is not valid. The consistent appearance of the counsel in previous hearings undermines the claim of unauthorized representation. [Para 18]

New Evidence - Relevance and Impact – Analysis – Held: The new documents presented were either previously considered or irrelevant to the core issue of public purpose in land acquisition. They do not meet the threshold of changing the original decision. [Paras 17-18]

Decision: The review application is dismissed as devoid of merit. The original judgment is upheld, affirming the legality of the acquisition and rejecting the grounds for review. [Para 20]

Service Law - Reservation Claim Proof - Appeal - Appeal against order granting appointment under EBPGC category despite late submission of certificate - Held, Eligibility qualifications must be possessed by the cutoff date, but proof of eligibility for reservation can be submitted later - Appeal Dismissed, respondent entitled to appointment [Paras 27-29].

Eligibility vs. Proof of Eligibility - Analysis - Held, Eligibility must be met by the cutoff date, but proof of reservation eligibility need not be submitted by the same date - Late submission of the EBPGC certificate does not invalidate the claim for reservation [Para 29].

Decision - Upholding Single Judge’s Order - Court affirms the Single Judge's decision, allowing the respondent’s appointment under the EBPGC category, dismissing the appeal [Para 45].

Land Revenue – Partition Proceedings – Subsequent Purchasers – Locus Standi – Writ petition challenging partition proceedings after seven years from issuance of sanadtakseem – Held, subsequent purchasers (petitioners) have no locus standi to challenge partition proceedings when predecessor-in-interest had already challenged and failed – Application under Section 122 to be filed within three years from date of instrument of partition – No law cited allowing challenge by subsequent purchasers – Petition dismissed. [Paras 1-9]

Limitation for Possession – Instrument of Partition – Held – Application for possession under Section 122 must be filed within three years from date recorded in instrument of partition – Document indicating possession taken after three years but application for possession filed earlier – Delay argument rejected – Entire proceedings not to be set aside based on delay by subsequent purchasers. [Para 8]

Legal Principle – Sale of Specific Khasra Numbers – Held – Sale deed mentioning specific khasra numbers in joint khewat deemed sale of share from joint khewat – Recitals in sale deed do not bind other co-sharers – Grievance regarding purchase of specific khasra numbers prima facie misconceived. [Para 8(v)]

Decision – Petition Dismissed – No merit in petition by subsequent purchasers – Petitioners directed to seek remedy against predecessor-in-interest for alleged suppression of facts. [Para 9]

Arbitration Law – Objections under Section 34 – Limitation – Appeal against the dismissal of objections to an arbitral award. Held: The dismissal of objections on the ground of limitation was improper as there was no evidence that the signed copy of the arbitral award was served upon the appellants. The Additional District Judge erred in commenting on the merits after concluding that the objections were time-barred. The matter was remanded for a fresh decision. [Paras 1-11]

Compliance with Section 31(5) of the Act – The appellants contended that they did not receive a signed copy of the arbitral award, thus their objections were within the limitation period. There was no evidence on record, apart from a covering letter, to prove that the copy of the award was sent to the appellants. [Para 3]

Comments on Merits – Procedural Error – The Additional District Judge made comments on the merits of the case after concluding that the objections were time-barred. This was procedurally incorrect. Once an application under Section 34 of the Act is dismissed on the ground of limitation, the court should not address the merits. [Paras 6-9]

Decision – Remand for Fresh Decision – The impugned order was set aside, and the matter was remitted back to the concerned court to decide the objection application under Section 34 of the Act afresh, in accordance with the law. [Para 10]

Eviction for Impairment of Premises – Proof Required – Reversal of eviction order on the ground that landlord failed to prove material impairment in value or utility of the demised premises – The Court held that without evidence of actual impairment in value or utility, no decree for eviction can be passed – Landlord's mere assertion without substantive proof does not meet the legal threshold for eviction. [Paras 1-11]

Revisional Jurisdiction of High Court – Limited Scope – The High Court's revisional jurisdiction under Rent Acts is confined to verifying that the finding of fact recorded by lower courts was according to law and free from legal error – Findings of fact cannot be interfered with unless they are perverse or unsupported by evidence. [Paras 12-13]

Decision – Dismissal of Revision Petition – The Court upheld the Appellate Authority's decision, finding no procedural irregularity or legal infirmity – The revision petition was dismissed, reinforcing the need for substantive evidence to prove material impairment in value or utility of the premises for eviction. [Para 13]

Electricity Act, 2003 – Section 56(2) – Limitation period for recovery of electricity dues – Applicability – Demand for payment beyond the limitation period – Held, the limitation period of two years under Section 56(2) restricts the right of the licensee company to disconnect electricity supply due to non-payment of dues after the period of limitation has expired – The licensee company can raise a supplementary demand after the expiry of the limitation period, but cannot take coercive measures such as disconnection of electricity supply – Recovery of additional amount can be pursued through legal remedies. (Para 10 and 13) 

Liability for electricity dues – Effect of new Act – Discovery of mistake or fault after the new Act comes into force – Held, the liability accrued under the old Act continues to be in force, but cannot be enforced beyond the period of limitation prescribed under the new Act – The new Act does not have retrospective effect – The licensee company cannot enforce the liability after the expiry of the limitation period as prescribed by the new Act – The provisions of the new Act have overriding effect, and inconsistency between the old Act and the new Act in regard to enforcement of liability arises – The liability can only be enforced within the limitation period prescribed under the new Act. (Para 11 and 14)

Sparking and faulty voltage causing damage and disruption in power supply – Impact on electricity consumption and billing – Held, the Corporation is stopped from taking coercive measures for recovery of dues beyond the limitation period – Disconnection of electricity supply is not permissible for outstanding arrears – The Corporation can pursue legal remedies for recovery of the additional amount, if permissible under the law. (Para 12 and 15)