Digi - Legal Insights

Quashing of FIR - Peaceful rally or dharna, even if during Model Code of Conduct, does not attract offences under IPC Sections 290, 341, 171F or Police Act Section 34 when no public obstruction or wrongful restraint is made out, warranting quashing of proceedings.

Central Excise - Criminal prosecution for excise duty evasion can proceed independently of departmental adjudication, and setting aside of adjudication orders on procedural grounds does not bar such prosecution.

Murder - Conviction for murder cannot rest solely on uncorroborated and doubtful testimony of interested witnesses when key witnesses turn hostile and medical evidence raises reasonable doubt, entitling accused to benefit of doubt.

Quashing of proceedings - Criminal proceedings arising from a civil property dispute, filed belatedly without ingredients of cheating or forgery, amount to abuse of process and should be quashed.

Quashing of FIR  - FIR cannot be quashed merely for procedural lapses or being successive when investigation is complete and chargesheet filed, if allegations disclose cheating, conspiracy, and inducement.

Atrocities Act - In offences under the SC/ST Act, notice to the victim before granting bail is mandatory, and bail granted without such notice or proper reasoning is liable to be cancelled.

Recruitment - Cancellation of LDC selection alone from common advertisement is arbitrary and discriminatory - State directed to resume process from stage of cancellation - Petition allowed.

Land Revenue - Sanad granting occupancy rights is a perpetual and heritable grant making holder an Occupant Class I under Section 29(2)(a) MLRC, and resumption of such land as lease expiry is illegal.

Under the Andhra Pradesh Land Grabbing (Prohibition) Act, once applicant proves prima facie ownership, burden shifts to alleged grabber, and unauthorised possession without lawful entitlement constitutes land grabbing.

Injunction cannot be granted to restrain owner from redevelopment when tenancy rights are disputed and balance of convenience favors owner, as such disputes require trial-level scrutiny.

Central Excise - Circular No. 35/2010-Cus. Clarifying simultaneous entitlement to 1%AIR customs drawback and excise rebate under Rules 18/19(2) is retrospective, applying from 2016 onwards.

When dismissal for proved misconduct is upheld but similarly placed workers were earlier compensated, compensation in lieu of reinstatement may be granted to ensure parity, without backwages or service benefits.

Absorbed employees of electricity distribution co-operative societies are entitled to MPSEB pension from date of absorption, but pre-absorption society service is not pensionable under Madhya Pradesh Pension Rules.

Appointment made without prior roster approval and in violation of reservation norms under the 2001 Act is void, and approval cannot be granted to such irregular appointment in a private school.

Refusal to accept registered post triggers presumption of service under Section 27 of the General Clauses Act, and a declaratory suit filed beyond three years from acceptance of resignation is barred by limitation under Article 58.

Central Government, as competent authority, may reject voluntary retirement of All India Service officers for lack of vigilance clearance or pending disciplinary proceedings, irrespective of the State Governments view.

Minimum service period clause with stipulated damages in public sector employment is a reasonable safeguard, not a restraint of trade, and is valid under Sections 23 and 27 of the Contract Act.

Junior Field Officers under carpet scheme not redesignated as Handicrafts Promotion Officers upon scheme closure, and Modified Assured Career Progression financial upgradation is valid alternative to promotional channel.

Once Central Armed Police Forces are declared as Organised Group A Services, all consequential benefits must follow, and such status cannot be restricted only to Non-Functional Financial Upgradation.

Personnel retired or released from Indian Military Nursing Service qualify as ex-servicemen under Punjab Recruitment of Ex-Servicemen Rules, 1982 and are entitled to notional service benefits without backwages.