Transfer of Matrimonial Proceedings – Registry error in listing Transfer Petition – Explanation submitted by Registry staff – Returnable date preponed causing injustice – Practice needs rectification – Order dated 20th July, 2023 recalled – Transfer Petition restored to its original number.

Transfer of Matrimonial Case – MAT Suit No. 1954 of 2021 – Binod Kumar Singh vs. Ranju Singh – Transfer ordered from Barasat North 24 Parganas, West Bengal to Family Court, Bhojpur, District-Ara, Bihar – Records to be sent promptly – Video conference appearance allowed for respondent-husband.

Review Petition – Disposal of Review Petition – Operative portion of the order provided.

Civil Appeal – Coverage under the EPF Act – Clubbing of two educational institutions run by the same Society – Appellant contests the coverage under the EPF Act – Issue of functional integrity between the two establishments considered – Material on record demonstrates financial integration and geographic proximity between the establishments – Appellant's case of independence not supported by evidence – Documents such as accreditation certificates, audit reports, and bank statements establish the connection between the establishments – Appeal dismissed. [Para 7-24]

Regulation 20 of 1979 Regulations – Interpretation of legal fiction – Applicability of the 1979 Regulations to retired employees – The legal fiction in Clause (iii) of Sub-Regulation 20(3) of the 1979 Regulations must be confined to cases where disciplinary proceedings have been initiated prior to an employee's retirement – Initiation of disciplinary proceedings is not merely by the issuance of a show cause notice, but only when a chargesheet is issued, which is the date of application of mind – The 1979 Regulations do not independently provide for the initiation and conduct of disciplinary proceedings – Complete procedure for disciplinary proceedings is provided in the 1976 Regulations – Principles laid down in earlier judgments upheld – Employee in this case had retired before any disciplinary proceedings were initiated against him – The legal fiction in the 1979 Regulations does not apply – Appeal dismissed. [Para 18-26]

Payment of Service Benefits – Deceased employee – Subsistence allowance not paid – Set aside punishment order – All service benefits due to the deceased employee, along with interest at 7% per annum from the date of his retirement, to be paid to his legal heirs within three months from the date of this judgment. [Para 28-29]

Criminal Appeal - Enhancement of sentence for serious sexual offenses against a minor - Appellant challenges leniency in the High Court's sentencing - Consideration of mitigating factors such as the accused's age, caste, and previous incarceration - Gravity of the offense and its impact on the victim emphasized - Sentencing principles applied to balance the rights of the accused with the welfare of the victim and society - Enhanced sentence of fourteen years of rigorous imprisonment imposed for the offenses under Section 376 of IPC [Para 8-13]

Amendment of Judgment - Correction of caste mention in cause title - Caste or religion of an accused should not be mentioned in judgments - Formal amendment ordered [Para 15]

Recommendation for Child Victims - Suggestion for counseling and rehabilitation of child victims of sexual assault - Advocacy for the government's involvement in the rehabilitation of such victims - Copies of the judgment to be sent to relevant government departments [Para 16]

Decision - Partial allowance of the appeal with an enhanced sentence, corrections, and recommendations for child victim welfare [Para 18]

Administrative and Service Law – Eligibility for Public Employment – Disqualification based on educational qualification – Conflict in interpretation of educational certificate – Applicant declared ineligible after participating in the selection process – Duty of the employer to provide a rational and justifiable reason for rejection – Failure to seek clarification from issuing authority – Arbitrarily depriving the applicant of selection – Violation of principles of natural justice. [Para 16-20]

Employment – Offer of Appointment – Direction to offer appointment to disqualified applicant – Creation of supernumerary post if no vacancy exists – Confirmation in service upon satisfactory probation – No entitlement to arrears of salary or seniority – Computation of retiral benefits based on last pay drawn. [Para 21]

Costs – Parties to bear their own costs. [Para 22]

Service Matter - Appointment and Continuance in Service - Dispute regarding the appointment of the appellant and Respondent No.5 - Appellant appointed by the Managing Committee constituted on 15.12.1992, and the appointment cannot be termed illegal or void ab initio - Lack of vacancy on 07.01.1993 for the appointment of Respondent No.5 - Interim order of the High Court in favor of the Managing Committee constituted on 15.12.1992 - No adverse comments on actions taken by the Managing Committee - Appellant's continuous service on the post - No complaints regarding non-joining or non-discharge of duties - Finding of Respondent No.5 working in another school during the relevant period - Upholding the appellant's appointment. [Para 15-20]

Delay and Laches - Doctrine of laches and acquiescence - Lengthy delay in raising the issue by Respondent No.5 - Lack of assertion of claims over the post of PET for over 12 years - Lack of challenge in any forum during the period - Inequity in seeking relief after such a long delay - Application of the doctrine of laches in service matters - No statutory bar against applying laches - Respondent No.5 non-suited on the ground of delay and laches. [Para 20-22]

Acquiescence - Doctrine of acquiescence - Respondent No.5's silent acceptance and inaction for over 12 years - Acceptance of the appellant's continuous service - Conduct indicating waiver of the right - Application of estoppel in pais - Acquiescence as a form of estoppel - Bar on complaining of the violation of the right - Inactive acquiescence inferred until the filing of the appeal - Bar on claiming the violation of the right of fair representation. [Para 22]

Relief Granted - Appellant entitled to continue on the post of PET with service counted from 14.05.1994 - Consequential benefits to be determined - Appeal allowed - No order as to costs - Lump-sum compensation of INR 3 lakhs granted to Respondent No.5 - Monies paid to Respondent No.5 shall not be recovered - Exercise of power under Article 142 of the Constitution of India. [Para 23-25]

Civil Appeal – Divorce – Irretrievable Breakdown of Marriage – Whether the irretrievable breakdown of marriage should result in the dissolution of marriage under Article 142 of the Constitution of India when it is not a ground for divorce under the Hindu Marriage Act, 1955 – Court's discretion to grant divorce under Article 142 discussed and outlined. [Para 15-20]

Cruelty and Desertion as Grounds for Divorce – Principles governing the grounds of cruelty and desertion in divorce cases under Section 13(1) of the Hindu Marriage Act, 1955 – Factors considered for establishing cruelty and desertion explained. [Para 9-14]

Decision – The appellant's appeal for divorce on the grounds of cruelty and desertion rejected as he failed to prove these grounds – The Court declined to grant divorce on the ground of irretrievable breakdown of marriage, considering the advanced age of the parties and the respondent's willingness to continue the marriage – Appeal dismissed. [Para 20]

Appeal against High Court's judgment confirming the conviction and sentence of the accused – Accused convicted under Section 302, 307, 148, 149 of IPC and Explosive Substance Act – Challenge to the correctness of the High Court's order. [Para 1-8]

Delay in Filing FIR – Impact of delay in registering the First Information Report (FIR) – Applicability of delay as a factor to assess the reliability of prosecution's version – Principles laid down by the Supreme Court regarding delay in FIR registration. [Para 13-16]

Plea of Alibi – Defense of alibi claimed by the accused – Legal principles governing the plea of alibi – Burden of proof on the accused – Requirement of corroborative evidence to establish alibi – Insufficiency of evidence to substantiate alibi. [Para 18-22]

Contradictions in Testimonies – Allegations of contradictions in the testimonies of prosecution witnesses – Examination of testimonies regarding material facts – Finding that testimonies are coherent on essential aspects of the case. [Para 23]

Previous Criminal Record of Deceased – Mention of the deceased's criminal record – Insufficiency of unsubstantiated claims regarding the deceased's past criminal involvement as a defense against the charges – Courts cannot grant the benefit of doubt merely based on the deceased's history. [Para 24]

Dismissal of Appeal – Dismissal of the appeal against the conviction and sentence – Observation that the sentences imposed are not excessive or disproportionate – Cancellation of bail and direction for appellants to surrender. [Para 25-27]

Criminal Appeal - Quashing of Complaint - Appellant's challenge to the order refusing to quash the complaint under Section 482 Cr.PC - Grounds for seeking quashment - Allegations of appellant's resignation from the partnership firm and lack of mandatory averments - High Court's refusal to quash the complaint upheld - [Para 2-4]

Specific Averments in Complaint - Requirement of specific averments to establish vicarious liability under Section 141(1) of the Negotiable Instruments Act, 1881 - Failure to specify the appellant's role in day-to-day affairs of the company - Inadequate averments to attract vicarious liability - [Para 11-17]

Quashing of Complaint - Averments in the complaint found insufficient to satisfy the mandatory requirements of Section 141(1) of the NI Act - Appellant entitled to succeed in quashing the criminal complaint against him - [Para 17]

Impugned Order Set Aside - Criminal Complaint Quashed as it pertains to the appellant (Accused No. 4) - Appeal allowed with no order as to costs - [Para 17]