Dowry Death - Presumption under Section 113B of Evidence Act - Appeal against Conviction - Death caused by consumption of pesticide (Aluminum Phosphide) - Held, once prosecution proves ingredients of dowry death, presumption under Section 113B arises, shifting onus to accused to prove innocence - Conviction upheld for husband Ranjit Singh. [Para 11-12]

"Soon Before" Death - Relevance in Dowry Death Cases - Expression "soon before" cannot be fixed by a strict period - Prosecution must establish proximity and link between cruelty and death - Conviction sustained as prosecution proved harassment for dowry leading to death. [Para 21]

Acquittal of Co-accused - Role of Mother-in-law - Allegations against mother-in-law vague and unsupported by evidence - Material improvements in witness statements - Acquittal upheld as no cogent evidence found against her - Double presumption of innocence in acquittal cases. [Para 28]

Decision - Conviction of Husband Upheld - Acquittal of Mother-in-law Upheld - Court dismisses both appeals, affirming conviction and sentence of Ranjit Singh, and acquittal of Manjit Kaur. [Paras 30-31]

NDPS Act - Section 42 - Appeal against Conviction - Non-compliance - Secret information regarding transportation of contraband received but not reduced to writing - Trial Court wrongly recorded compliance - Section 42 mandatory, not directory - Appellant acquitted for non-compliance with Section 42. [Para 14]

NDPS Act - Section 52-A - Procedure for Producing Contraband - Contraband not produced before Magistrate for certification of inventory - Infirmity constitutes factor for setting aside conviction - Total non-compliance of Section 52-A provisions observed. [Para 21]

NDPS Act - Section 57 - Report of Arrest and Seizure - Original report not brought on record - Photocopy lacked signatures or stamp - Full report not made out as having been sent to superior officer - Failure to send report factors into setting aside conviction. [Para 23]

Decision - Conviction Set Aside - Acquittal of Appellant - Court sets aside the conviction due to non-compliance with mandatory provisions of Sections 42, 52-A, and 57 of the NDPS Act. [Para 26]

Criminal Law - Appeal against Conviction - Hostile Witnesses - Section 307 IPC, Section 25 Arms Act - Appellant shot at complainant causing injury - All key witnesses declared hostile - Recovery of empty cartridge and country-made pistol from appellant - Conviction upheld based on forensic evidence linking bullet to pistol recovered from appellant - Sentence modified to period already undergone due to long lapse of time and family relations between parties. [Paras 5-18]

Hostile Witnesses - Evidentiary Value - Held, despite witnesses turning hostile, conviction can be sustained if other material evidence and forensic findings strongly support the prosecution case. [Para 6]

Forensic Evidence - Matching of Bullet and Weapon - Held, forensic evidence confirming that the bullet recovered from the victim's body was fired from the pistol recovered from the appellant is a strong basis for upholding conviction. [Para 13]

Sentence Modification - Consideration of Long Duration since Incident and Family Relations - Incident occurred 21 years ago, parties are from the same family - Sentence modified to the period already undergone by appellant - Fine and compensation remain unchanged. [Para 18]

Decision - Conviction Upheld - Sentence Modified - Court upholds the conviction but modifies the sentence to the period already undergone by the appellant, maintaining the fine and compensation imposed by the trial court. [Para 18]

Service Law - Pension - Daily Wage Service - Regularization - Continuity of Service - New Pension Scheme-Pension - Counting of Daily Wage Service – Civil writ petition under Articles 226 and 227 challenging conditions in the regularization of service – Held: The petitioner, who worked as a daily wager from 01.01.1995 and whose services were regularized in 2014, is entitled to count his daily wage service for pensionary benefits. The Labour Court award granting reinstatement with continuity of service implies that the petitioner had unbroken service from 1995, qualifying him for pension under the old scheme. [Paras 3, 11]

New Pension Scheme - Applicability – Analysis – Held: Despite the regularization of service in 2014, the petitioner is not governed by the New Pension Scheme due to the continuity of service established from 1995. The Haryana Civil Services (Pension) Rules, 2016, specifically Rule 14(4), support this position, allowing service from contingencies followed by regularization to count as qualifying service for pension. [Paras 4, 9]

Arrears of Pay - Entitlement – Consideration – Held: The petitioner is not entitled to arrears of difference in pay from the date of regularization but is entitled to pensionary benefits counting from the date of his initial daily wage service. Arrears of pension are limited to three years before the date of the order. [Paras 11, 12]

Appointment of Lambardar - Choice of Collector - Interference by Higher Authorities - Held, the choice of the Collector cannot be lightly interfered with unless there is some perversity or illegality in the order - Collector considered the comparative merits of all candidates - Found respondent no.4 more qualified, younger, and financially stronger - Appointment upheld. [Para 12, 15]

Collector’s Decision - Comparative Merits Considered - Found Respondent No.4 was better suited - Graduate, younger, and had prior experience assisting former Lambardar - Financial strength and community support considered. [Paras 2, 15]

Pendency of Litigation and Financial Default - Relevance in Appointment - Held, petitioner being a bank loan defaulter at the time of Financial Commissioner's decision - Rule 15(d) and Rule 16 of the Punjab Land Revenue Rules consider indebtedness in appointment and dismissal of Lambardar - Financial default a significant demerit. [Paras 16]

Decision - Dismissal of Petition - Court finds no illegality or perversity in the Collector's order - Financial Commissioner rightly set aside the Commissioner’s re-evaluation - Petition dismissed. [Paras 17, 19]

NDPS Act - Compliance with Section 42 - Conviction Challenged - Search and Seizure from Private Vehicle - Secret information not reduced to writing - No evidence of information conveyed to senior officer - Held, a private vehicle does not qualify as a 'public place' under Section 43 - Provisions of Section 42 are mandatory - Conviction set aside due to non-compliance with Section 42. [Para 12]

Search and Seizure - Requirements under NDPS Act - Applicability of Section 42 vs. Section 43 - Held, private vehicle is not a 'public place' - Section 42 applies and mandates writing down information and informing higher officers - Non-compliance with Section 42 invalidates the proceedings. [Para 12]

Decision - Conviction Set Aside - Court sets aside the conviction and sentence of the appellants under Section 15 of the NDPS Act due to non-compliance with mandatory provisions of Section 42. [Paras 13]

Employment Law - Termination of Temporary Employee - Misconduct Allegations - Requirement for Enquiry - Termination of services of a temporary employee on grounds of alleged embezzlement of Rs.6 without conducting a formal enquiry—Order deemed stigmatic and punitive—Court held that such termination necessitates a formal enquiry to establish misconduct—Absence of such an enquiry renders the termination order invalid—Second appeal dismissed. [Paras 1-13]

Nature of Termination Order - Stigmatic versus Simpliciter - Analysis - Held, termination order referencing allegations of misconduct (embezzlement) cannot be classified as an order simpliciter—Such orders are punitive in nature and mandate a formal enquiry to substantiate the charges—Reference to Supreme Court's distinction between 'motive' and 'foundation' in termination orders. [Para 7-9]

Decision - Reinstatement and Retiral Benefits - Court upholds reinstatement of the respondent—Directs the State to decide on representation for release of retiral benefits and issue a speaking order if benefits are owed. [Paras 12-13]

Eviction of Tenants - Definition of 'Residential Building' - Section 13(3)(a)(iv) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 - Words 'residential building' will include and mean 'non-residential building' as well - Held, once residential building includes non-residential building for eviction under Section 13, the same applies to sub-clause (iv) of clause (a) of sub-section (3) of Section 13. [Para 11]

Proof of Ownership - Eviction of Tenants - Documents Establishing Ownership - Landlord's documents marked but not exhibited - Tenant's objection to admissibility not raised at the relevant time - Held, once document proved on record without objection, no justification for not exhibiting it - Tenant cannot object to admissibility later - Re-allotment remains unchallenged. [Para 12.1]

Dispute of Ownership - Tenant Not Entitled - Section 3 of the Act - Owner is always landlord and included in definition of landlord - Held, tenant cannot dispute landlord’s ownership - Ownership automatically transfers to new owner on property transfer - Relevant Supreme Court ruling referred. [Para 12.5]

Subsequent Events in Eviction Petitions - Determining Bonafide Need - Held, need of landlord to be assessed at time of filing eviction petition - Subsequent events not to defeat eviction petition - Litigation pendency not to advantage either party. [Para 13.2]

Decision - Revision Petition Dismissed - Court dismisses tenant's revision petition, upholds orders of eviction by Rent Controller and Appellate Authority - Three months' time granted to tenant to vacate the premises. [Paras 15-17]

Narcotic Drugs and Psychotropic Substances – Procedural Irregularities – Conviction Appeal – Non-compliance with Sections 100 and 165 CrPC amounts to mere irregularity – Evidence of official witnesses deemed credible – Conviction upheld – Sentence reduced considering the appellant’s age and trial duration. [Paras 1-12]

Evidence Law – Credibility of Official Witnesses – Held – Testimony of official witnesses not to be doubted solely due to their official status – Independent corroboration not always necessary – Testimonies subjected to cross-examination found credible. [Para 10]

Sentence Reduction – Age and Trial Duration Consideration – Appellant aged 30 at charge framing, faced trial for over 19 years – No further criminal activity post bail – Sentence reduced to time already undergone, fine upheld. [Para 11-12]

Decision – Conviction Upheld, Sentence Modified – Conviction under Section 15 of NDPS Act upheld – Sentence reduced to period already undergone – Fine to be paid within three months or additional imprisonment if defaulted – Appeal partly allowed. [Paras 12-14]