Constitution of India , Art.309— Central Civil Services (Pension) Rules (1972) , R.13— Administrative Tribunals Act (13 of 1985) , S.4— Pensionary benefits - Qualifying service - Employee appointed as General Assistant on contractual basis was regularised as per Scheme in vogue as Lower Division Clerk - High Court committed error in observing that her contractual service would qualify as service in a temporary capacity for calculating qualifying service for pension - Neither R.13 nor regularisation Scheme provides that services rendered on contract basis shall be treated as temporary service and/or same shall be counted for pensionary benefits - Order of High Court, set aside .

AIROnline 2022 Guj 2996-Reversed(Paras8910)

(Para 8 9 10)

Essential Commodities Act (10 of 1955) , S.3, S.7— Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order (1988) , Cl.7— Unauthorised possession of gas cylinders - Power of entry, search and seizure - Accused persons were allegedly selling gas cylinders in black - Action was taken by Sub-Inspector of Police against accused persons- Cl.7 of Order of 1988 does not prescribe that Sub-Inspector of Police can take action - In the absence of authority and power with Sub-Inspector to take action as per Order, proceedings initiated by him would be totally unauthorised and liable to be struck down - Conviction and sentence of accused persons under S.7 of Act, set aside.

Criminal Appeal No. 562SB of 1997, D/- 15.01.2010 (P and H)-Reversed(Paras1416)

(Para 14 16)

Prevention of Corruption Act (49 of 1988) , S.7, S.13(1)(d)— Evidence Act (1 of 1872) , S.3— Illegal gratification - Demand and acceptance - Proof - Accused allegedly demanded and accepted bribe for supplying copy of death certificate to complainant - Complainant and shadow witness turned hostile - Trial Court had specifically held that there was no evidence produced to prove demand of illegal gratification - It was not a case in which demand was reiterated when money was allegedly paid - District Social Security Officer was only a witness who stated that he had recovered money from accused - Judgment was passed by the High Court on the assumption that since the money was recovered from the accused, there was demand of illegal gratification - No circumstantial evidence available to prove demand - Conviction, set aside.

AIR 2023 SC 330-Followed(Para11)

(Para 11)

Civil P.C. (5 of 1908) , S.144— Restitution - Application for - Applicant claimed to be entitled to the total sale consideration for the land - There were serious disputes regarding entitlement to said amount - It appeared from the record that solely on the basis of the report of Justice Dhingra Committee , considering one MOU and without adjudicating the rights of the parties part of the sale consideration was ordered by the Supreme Court to be paid to two respondents - Justice Dhingra Committee had not adjudicated upon claims of the parties to receive the consideration - Mistake on the part of Supreme Court was required to be corrected - By applying the principle of 'actus curiae neminem gravabit' and principle of restitution, directions were issued to respondents to return the amount with liberty to move application for adjudication of their rights to receive amount from sale proceeds of land.

Maxims - Actus Curiae Neminem Gravabit - ApplicabilityAIR 2020 SC 1496-Followed(Paras55.26)

(Para 5 5.2 6)

Hindu Marriage Act (25 of 1955) , S.13B— Divorce by mutual consent - By waiving off cooling period - Parties filed joint application for grant of divorce by mutual consent - Pendency of divorce petition for more than six months would seriously affect future of both parties - Cooling period of 6 months to be waived off - Parties have amicably settled matter and decided to live separately - There were no chances of any settlement between them - Cooling period waived off and marriage between parties dissolved.

AIR 2017 SC 4417-Followed(Paras578)

(Para 5 7 8)