Anticipatory Bail – Appellant accused of offenses under Section 376(2)(n) and 406 IPC – Denial of anticipatory bail by lower courts – Appellant cooperated with the investigation – Charge sheet filed – Case for trial – Appellant granted anticipatory bail, subject to conditions imposed by the trial Court. [Para 1-3]

False Complaint – Allegation of false complaint by the respondent-complainant due to a failed marriage proposal – Appellant's cooperation with the investigation considered – Observations made in the order only for the purpose of considering anticipatory bail. [Para 4-5]

Release on Anticipatory Bail – Appellant released on anticipatory bail – Conditions to be imposed by the trial Court. [Para 6]

Employment Compensation – Applicability of the 1923 Act to a Constable of Railway Protection Force (RPF) – Interpretation of Section 2(1)(n) – Whether a Constable of RPF is a "workman" despite being a member of the Armed Forces of the Union as per amended Section 3 of the 1957 Act – Consideration of the legislative intent and definitions. [Para 20(i)]

Alternative Remedy – Availability of compensation under Sections 124 and 124-A of the 1989 Act – Whether a claim under the 1923 Act is maintainable – Examination of the existence of an alternative remedy. [Para 20(ii)]

Workers' Compensation – Applicability of the Workmen’s Compensation Act, 1923 to Railway Protection Force (RPF) personnel – Interpretation of statutory provisions – Legislative intent – RPF personnel claimed compensation under the 1923 Act for injuries sustained in the course of their employment – Question of whether RPF personnel fall within the purview of the 1923 Act – Examination of relevant statutory provisions, including the 1923 Act, the Indian Railways Act, 1890, the Railways Act, 1989, and the Railway Protection Force Act, 1957 – Definition of "workman" and "employer" under the 1923 Act – Historical changes in definitions – Impact of the change from "His Majesty’s naval, military or air forces" to "Armed Forces of the Union" – Analysis of the definition of "Railway Servant" under the 1989 Act – Legislative amendments to Section 3, Section 10, and Section 19 of the 1957 Act – Examination of Section 128 of the 1989 Act – Whether RPF personnel are excluded from the purview of the 1923 Act – Held - RPF personnel remain within the scope of the 1923 Act – Maintenance of claims under the 1923 Act despite alternative remedies under the 1989 Act – Section 128 preserves the right to claim compensation under the 1923 Act – The appeal is dismissed, and the interim order stands discharged. [Para 50-64]

Alternative Remedy - Availability of alternative remedy under the 1989 Act - Section 128 of the 1989 Act saving the right to claim compensation under the 1923 Act - Claim under the 1923 Act not barred by the existence of an alternative remedy. [Para 62-63]

Consumer Protection – Medical Negligence – Blood Transfusion – Appellant, a former Indian Air Force employee, contracted HIV through a blood transfusion in a military hospital during his service – Allegations of negligence and reckless disregard for patient safety – Refusal to provide medical records and conduct of Court of Inquiry – Appellant claims compensation – Commission dismisses the complaint – Appellant appeals to the Supreme Court – Controversy regarding negligence, informed consent, and liability of the medical authorities – Medical records destroyed – Disputed findings of Medical Boards – Expert opinions questioned – Burden of proof in cases of medical negligence – Denial of employment opportunities due to HIV status – Mental agony and loss of confidence – Compensation sought. [Para 1-31]

Consumer Protection – Jurisdiction of Consumer Forum – Whether the appellant's case falls under the Consumer Protection Act, 1986 (CPA 1986) – Consideration of various regulations governing medical services for armed forces personnel – Application of CPA 1986 to services provided in government hospitals – Precedents highlighting the applicability of CPA 1986 to services provided by government or employer-funded institutions – Exercise of jurisdiction under Article 32 of the Constitution to provide a remedy for contravention of fundamental rights – Role of the court in reaching out to injustice and ensuring justice according to law. [Para 43-55]

Medical Negligence and Liability – Appellant claimed negligence in blood transfusion resulting in HIV infection – Duty of care and standard of care in medical negligence cases – Application of res ipsa loquitur – Failure to prove adherence to safety standards – Vicarious liability of Indian Air Force and Indian Army established – Appellant entitled to compensation for injuries suffered. [Para 56-73]

Damages in Medical Negligence Case – Assessment of Compensation – Various Heads for Compensation Consideration – Mental Agony Compensation – Denial of Information and Premature Retirement Aggravating Factors – Appellant entitled to ₹50,00,000/- (Rupees fifty lakhs only) for mental agony. [Para 74-84]

Medical Negligence - Compensation - Future Care - HIV Positive Condition - Duty of State Functionaries - Compensation awarded for medical negligence suffered by the appellant. [Para 88-94]

Medical Negligence - Compensation awarded to the appellant for medical negligence suffered, totaling ₹ 1,54,73,000/-, with joint and several liability imposed on the respondent organizations (IAF and Indian Army). Arrears related to disability pension to be disbursed within six weeks. [Para 92]

HIV Act - Directions issued to Central and State Governments for effective implementation of the HIV Act, including provisions related to diagnostic facilities, treatment, welfare schemes, property protection, information and education programs, and safe working environments. [Para 93]

Duty of State Functionaries - Acknowledgment of the duty of state functionaries, including the armed forces, to maintain high standards of safety, well-being, and medical fitness for personnel. Lack of dignity, honour, and compassion highlighted in the appellant's treatment. Compensation cannot fully restore dignity and honour. [Para 91]

Appreciation - Acknowledgment of the valuable assistance provided by the amicus, ASG, and the appellant's perseverance in seeking justice. Costs awarded to the appellant and honorarium to the amicus. [Para 94]

Decision - Appeal allowed, and pending applications disposed of in accordance with the provided directions. [Para 95]

Criminal Appeal – Conviction under Part I of Section 304 and Section 324 read with Section 149 of the Indian Penal Code, 1860 – Acquittal by Trial Court – High Court's interference – Principles governing appeals against acquittal discussed. [Para 1-7]

Appellate Jurisdiction – Duty of the Appellate Court in appeals against acquittal – Re-appreciation of evidence – Possibility of the Trial Court's view – High Court's failure to record reasons and findings – Appellate Court's duty to consider the reliability of prosecution witnesses and their demeanour. [Para 8-10]

Investigation – Failure to investigate the grievous injury suffered by one of the accused – Serious lacuna in the prosecution's case – Prior complaint leading to anticipatory bail for certain witnesses – Property dispute between accused and complainant's family. [Para 11-14]

Decision – Impugned judgment set aside – Trial Court's conclusions deemed possible – Appellants directed to be set at liberty unless detained in connection with another case. [Para 15-16]

Income Tax Appeal – Challenge to Settlement Commission's decision – High Court remanded matter to Settlement Commission for reconsideration of immunity from penalty and prosecution – Appellant aggrieved by High Court's decision – Appeal filed. [Para 2.11]

Settlement Commission – Jurisdiction to entertain application – Preliminary objection raised by Revenue – Settlement Commission upheld maintainability of the application – Order passed by Settlement Commission challenged before High Court – High Court remanded matter to Settlement Commission for reconsideration of immunity – Appellant challenges High Court's decision. [Para 2.11]

Immunity from Penalty and Prosecution – Settlement Commission granted immunity to appellant – High Court found fault with the reasoning of the Settlement Commission – Remanded the matter for reconsideration of immunity – Appellant contests the High Court's decision on immunity. [Para 2.13]

Legal Framework – Interpretation of Sections 245C and 245H of the Income Tax Act in the context of granting immunity from prosecution and penalty for income disclosure before the Settlement Commission. [Para 5-7]

Discretionary Power – The Settlement Commission's discretionary power to grant immunity is based on the assessee's full and true disclosure of income and cooperation with the Commission, without a strict requirement for material different from that discovered by the Assessing Officer. [Para 7-7.2]

Scope of Judicial Review – The scope for judicial review of the Commission's orders is narrow, limited to contravention of the Act's provisions, causing prejudice to the opposite party, fraud, bias, or malice. [Para 10-11]

Avoiding Frequent Interference – Frequent interference with Settlement Commission's orders should be avoided to maintain confidence among bonafide assessees and prevent unnecessary litigation. [Para 13-14]

Decision – The High Court erred in interfering with the Settlement Commission's order, and thus, the Commission's order granting immunity to the appellant from prosecution and penalty is restored. [Para 14]

Negotiable Instruments Act, 1881 - Section 138 - Dishonor of Cheque - Presumption of consideration - Burden of proof - Admitted signature - The appellant filed a complaint against the respondent for dishonoring a cheque issued for partial repayment of an advance amount paid towards the purchase of a property - The Trial Court convicted the respondent, and the conviction was upheld by the Sessions Judge - The respondent raised a new contention before the High Court regarding the circumstances under which he signed the cheque - High Court allowed the Revision Petition, setting aside the conviction order, holding that the appellant had not proved payment of the advance amount, and the agreement for the property transaction was doubtful - On appeal, the Supreme Court reinstated the Trial Court's conviction order, emphasizing that the respondent did not successfully rebut the presumption of consideration arising from the admitted signature on the cheque - The Court considered the respondent's new contention but found it unsubstantiated, as it was raised for the first time during the arguments before the High Court and lacked supporting evidence - The Court modified the sentence to impose an enhanced fine instead of imprisonment, considering the age of the case, the non-commercial nature of the transaction, and the possibility of social and economic changes in the parties' status over time - The respondent was given the option to pay the fine, and in case of default, he would serve a six-month imprisonment.

Criminal Appeal – Anticipatory Bail – Denial of anticipatory bail by the High Court – Appellants sought anticipatory bail in three separate cases – Non-disclosure of relevant facts regarding initiation of proceedings under Sections 82 and 83 of Cr.P.C. – Interim protection granted but subsequently found that relevant facts were not disclosed – Appellants not entitled to pre-arrest bail – Appeals dismissed. [Para 2-4]

Non-disclosure of relevant facts – Failure to mention the issuance of process under Section 82, Cr.P.C., and dismissal of Revision Petition against the same – Appellants approaching the Court with no clean hands – Lack of entitlement to leniency or favor – Disentitlement to relief at this stage. [Para 4]

Disability Assessment - Evaluation of disability claims by Medical Board - Reports issued by the Medical Board upholding the claim of petitioners as persons with disabilities - No further clarification deemed necessary - Petitioners' claims upheld. [Para 1-3]

Admission of Disabled Students - Direction to treat the petitioners as persons with disabilities and consider their applications for admission - Compliance with other admission parameters required - Writ Petitions allowed accordingly. [Para 2-3]

Review of Disability Assessments - Need for detailed evaluation and reasoning in disability assessments - Lack of reasoning in the reports issued by the Medical Board - Direction to provide clarificatory note with elaborate reasoning based on the evaluation conducted - Consideration of recent developments in medical sciences - Petitioners' conditions and potential aids to be assessed - Earmarking of seats for disabled candidates in the counseling process - Compliance with principles of merit in allocation - Concerns regarding the benchmark disability criteria under the Rights of Persons with Disabilities Act, 2016 - One size fits all norm and potential anomalies - Directive to the Union to consider steps to mitigate such issues and enable effective participation - Listing for further proceedings. [Para 7-14]

Family Law – Maintenance Section 125 Cr.P.C. - Modification of maintenance order - Appellant challenges the High Court's modification of maintenance granted to the respondent No. 1-wife and son - High Court modified the maintenance order to be payable from the date of filing the application for maintenance - Appellant contends that the maintenance granted is excessive and questions the starting date of payment - Appellant's concealed receipt of compensation amounts revealed during the proceedings - Maintenance ordered to be payable at different rates and from different dates based on the appellant's income and circumstances - Appeals partly allowed, and modified maintenance orders issued. [Para 3-8]