Industrial Disputes - Reinstatement – Appeal – Workman reinstated with 50% back wages – Conviction for embezzlement and misconduct concealed – Management cannot be compelled to retain dishonest employee – Serious charges and conviction – Award of Tribunal and Single Bench judgment set aside – Appeal allowed. [Paras 1-13]

Employment Law - Concealment of Conviction – Analysis – Workman concealed conviction during proceedings – Misled Tribunal and Court – bligation to disclose all relevant information – Concealment shows disrespect for legal process – Plea for equity by workman unfounded. [Paras 7-8, 11]

Decision – Appeal Outcome – Conviction of workman upheld by higher courts – Employer not liable to retain dishonest employee – Impugned orders of reinstatement with back wages set aside – Appeal allowed. [Paras 12-13]

Criminal Law - Murder and Conspiracy – Appeal – Evidence – Conviction challenged due to lack of recovery of material objects – No proof of appellant administering poison – Liquor bottle, residue, and steel tumbler not recovered – Absence of material evidence weakens prosecution case – Conviction set aside – Appellant acquitted. [Paras 1-24]

Evidence - Recovery of Material Objects – Analysis – Failure to recover liquor bottle and steel tumbler alleged to contain poison – No direct evidence linking appellant to administering poison – Testimonies of prosecution witnesses and documentary evidence do not conclusively prove guilt – Investigative lapses noted – Benefit of doubt extended to appellant. [Paras 8, 18, 22]

Decision – Appeal Allowed – Conviction and sentence by trial court set aside – Appellant acquitted of charges due to lack of sufficient evidence – Bail bond discharged. [Paras 23-24]

Service Law - Departmental Inquiry – Writ Petition – Termination Proposal – Inquiry conducted against Junior Assistant on charges of indiscipline and misconduct – Approval for termination declined by DPI due to lack of documentary evidence – Educational Tribunal upheld DPI’s decision – Held that mere absence of delinquent in inquiry does not imply admission of charges – Inquiry Officer must conduct ex parte proceedings and record evidence – Proposal for termination based on such inquiry rightly declined – Petition dismissed. [Paras 1-19]

Disciplinary Proceedings - Ex Parte Inquiry – Procedural Requirements – Analysis – Absence of charged employee does not absolve Inquiry Officer from obligation to collect and record evidence – Findings based on non-participation without evidence are invalid – DPI and Tribunal decisions justified – Charges of gross indiscipline and misconduct not substantiated with evidence in inquiry. [Paras 13-16]

Decision – Petition Outcome – Approval for termination refused due to procedural lapses – No evidence led during inquiry – Findings based solely on employee’s absence – Orders of DPI and Tribunal upheld – Writ petition dismissed. [Paras 17-19]

Hindu Marriage Act - Maintenance and Divorce – Appeal – Non-compliance of interim maintenance order under Section 24 by husband – Defence struck off – Order under Section 24 essential for the indigent spouse to prosecute proceedings – Section 151 CPC invoked for enforcement of maintenance order – Non-payment of maintenance amounts to taking advantage of own wrong under Section 23 – Decree of divorce set aside. [Paras 1-27]

Maintenance - Enforcement and Compliance – Analysis – Interim maintenance aims to support financially weak spouse – CPC Section 151 invoked for enforcing Section 24 order – Inherent powers of court to ensure compliance – Non-compliance leads to striking off defence – Orders under Section 24 crucial for justice and equity in matrimonial proceedings. [Paras 11, 13-15]

Divorce - Taking Advantage of Own Wrong – Section 23 HMA – Conduct of non-payment by husband amounts to a wrong – Relief denied if spouse takes advantage of own wrong – Courts must ensure compliance with orders for maintenance to uphold statutory intent – Relief granted only when petitioner’s conduct aligns with statutory requirements. [Paras 17, 21-24]

Decision – Appeal Allowed – Defence of respondent-husband struck off – Pleadings by husband non-existent in law – Decree of divorce set aside – Appellant-wife’s appeal succeeds – Respondent disqualified from relief under Section 13 due to non-compliance with Section 24 order. [Paras 25-27]

Motor Vehicles Act - "Just Compensation" – Quantum of Compensation – Appeal – Compensation determined based on income of deceased in foreign currency – Income to be considered at the same level even if earned abroad – Tribunal erred by not deducting income tax from income for compensation calculation – Average income for last three years minus income tax to be considered – Claimants entitled to compensation for actual loss – Future prospects to be considered – Appeal partly allowed. [Paras 13, 17, 23-29, 36]

Compensation – Legal Representatives Entitled – Dependents – Wife and parents entitled to compensation – Entitlement not limited to dependents but includes legal representatives – Deduction based on number of claimants correctly applied at 1/4th – Multiplier for calculation to be as per age of deceased. [Paras 14, 24]

Assessment – Average Income and Multiplier – Income of deceased taken as average of last three years minus applicable taxes – Multiplier of 13 upheld based on age – Future prospects added at 25% – Compensation recalculated. [Paras 17, 24, 27, 29]

Decision – Appeal Outcome – Compensation recalculated considering average income, tax deduction, and future prospects – Multiplier of 13 applied – Total compensation reduced – Non-pecuniary compensation for loss of consortium, estate, and funeral expenses modified as per Supreme Court guidelines – Appeal partly allowed, Tribunal’s award modified. [Paras 29, 30, 36]

Reservation Law - Scheduled Caste Quota - State Domicile Requirement – Appellant, a resident of Himachal Pradesh, admitted to MBBS course in Punjab under SC quota – SC certificate issued by Himachal Pradesh authorities – Interim relief for continuation of studies declined – Held, benefit of reservation in Punjab available only to SC residents of Punjab – Appellant not entitled to reservation benefits for not being a resident of Punjab. [Paras 11-13]

Promissory Estoppel - Principles and Application – Appellant claimed right to continue studies based on provisional admission – Claimed deprivation of alternative admission opportunities due to initial admission – Held, promissory estoppel inapplicable where equity conflicts with law – Mistake in provisional admission rectified promptly – No legally enforceable right accrued – Equitable considerations cannot override legal provisions. [Paras 17, 21]

Statutory Interpretation - Specific Provisions on State Quota – Examination of Punjab Government notifications and PMET-2016 prospectus – Only Punjab residents eligible for SC quota – Appellant’s admission under SC quota contrary to statutory requirements – Misleading authorities with out-of-state SC certificate invalidates claim for relief. [Paras 12, 13, 21]

Decision: Appeal dismissed – Appellant not entitled to continue MBBS course under SC quota in Punjab – Mistaken provisional admission rectified lawfully. [Para 22]

Specific Performance - Rescission of Agreement – Civil Revision – Delay in execution of sale deed – Suit for specific performance decreed in favor of respondent – Appeals and SLP dismissed – Decree holder’s application to deposit balance amount allowed – Judgment debtor’s application for rescission dismissed – Held, power under Section 28 of the Act is discretionary – Court can enlarge time for payment – Rescission not automatic due to delay unless strict stipulation of time exists – Decree holder showed continuous intent to comply – Petition dismissed. [Paras 1-25]

Rescission of Contract - Discretionary Power – Analysis – Section 28 gives courts discretion to annul or enforce specific performance decrees – Delay in payment does not automatically rescind the contract – Courts retain control over decrees until fully complied with – Only when a party is unwilling to perform can the other seek rescission. [Paras 11-13, 23]

Decision – Petition Dismissed – Court retains discretion to extend time for payment – No evidence of decree holder’s abandonment or refusal – Continuous litigation by defendants indicates their non-cooperation – Execution of sale deed and possession transfer completed – No merit in petition. [Paras 24-25]

Constitutional Law - Compassionate Appointment – Writ Petition – Challenge to criteria for compassionate appointment in bank's scheme – Criteria: Employee dying within five years of first appointment or before reaching age 30 – Held that such criteria are arbitrary and contrary to the object of compassionate appointment – Objective is to relieve family from economic distress upon employee’s death – Impugned criteria set aside – Respondents directed to reconsider petitioner’s case for compassionate appointment. [Paras 1-18]

Compassionate Appointment - Scheme for Exceptional Cases – Analysis – Scheme criteria: Employee dying while performing duty due to violence/terrorism, or dying within five years of first appointment or before age 30 – Criteria found unreasonable and arbitrary – Criteria do not align with the objective of providing immediate relief to the family of deceased – Criteria struck down. [Paras 10-13, 17]

Decision – Writ Petition Allowed – Criteria for compassionate appointment under challenge held unconstitutional – Clause 2(ii) of circular dated 03/04.08.2011 set aside – Respondents directed to reconsider petitioner’s application for compassionate appointment within three months. [Paras 17-18]

Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Definition of Debt – Civil Revision – Whether the amount due to a party who made payment under a forged instrument constitutes a debt within the meaning of Section 2(g) of the Act – Held that such liability falls within the ambit of the term "debt" as defined in Section 2(g) – Liability arising during the course of business activity is included, even if it involves fraud. [Paras 5-13]

Jurisdiction and Transfer – Section 31 of the Recovery of Debts Due to Banks and Financial Institutions Act – Applicability to suits pending before establishment of the Tribunal – Present suit not pending at the time of Tribunal’s establishment – Application for transfer under Section 31 and Order 7 Rule 10 CPC not maintainable. [Paras 18-20]

Decision – Revision Petition Outcome – The petitioner’s claim is a debt under Section 2(g) – However, application for transfer not maintainable – Petitioner advised to file an application before the DRT and seek condonation of delay. [Paras 26-28]