Criminal P.C. (2 of 1974) , S.482— Quashing of criminal proceedings - Legality - Offences under Sections 498A, 325 and 506 of Penal Code, 1860 and Sections 3, 4 of Dowry Prohibition Act, 1961 - Allegation of harassment on account of demand of dowry against husband and in-laws - There was no specific allegation of physical violence, except for vague statements that complainant was beaten up, sustained fracture and was subjected to physical and mental torture - There was no medical evidence despite allegations of fracture and torture - Contradictions in complaint and affidavits, including claims of cordial relations even after alleged abuse - Despite allegation of physical and mental torture as also demand of dowry, complainant had moved Family Court for restitution of conjugal rights - Criminal proceedings, against accused persons, being abuse of process of law, were rightly quashed.

2024 (2) ALJ 274-Affirmed(Paras1011)

(Para 10 11)

(A) Insolvency and Bankruptcy Code (31 of 2016) , S.61(2)— Limitation Act (36 of 1963) , S.4— Appeal before NCLAT - Delay in filing - Legality of condonation of - Respondent who had filed the appeal, was neither a party to proceedings before NCLT nor privy to CoC deliberations - Company Secretary of Corporate Debtor had duly informed listing departments of both NSE and BSE about NCLT order dated 07.04.2022 within 30 minutes of its pronouncement - Limitation period for filing appeal commenced on 07.04.2022 and expired on 07.05.2022 - 07.05.2022 fell on the first Saturday of the month, which is a working day for Registry of NCLAT - Further, benefit of section 4 of Limitation Act, 1963 could not be granted, as appeal was filed beyond not only prescribed period of 30 days but also the condonable period of 15 days - Rule 3 of NCLAT Rules, 2016 would not apply - Appeal was filed beyond prescribed statutory period - Order condoning delay was erroneous

Companies Act (18 of 2013) , S.469— National Company Law Appellate Tribunal Rules (2016) , R.3— AIROnline 2023 SC 1298-FollowedAIROnline 2025 SC 326-Followed(Para10.4)

(Para 10.4)

(B) Insolvency and Bankruptcy Code (31 of 2016) , S.61(2), Proviso— Appeal before NCLAT - Condonation of delay in filing - Powers of National Company Law Appellate Tribunal - Proviso to S. 61(2) of IBC clearly limits jurisdiction of NCLAT to condone delay only up to 15 days beyond initial 30-days' period - NCLAT has no power to condone delay beyond the period stipulated under Statute

AIR 2017 SC 4532-Followed(Paras11.111.212)

(Para 11.1 11.2 12)

Arbitration and Conciliation Act (26 of 1996) , S.9— Civil P.C. (5 of 1908) , O.39 R.3— Arbitration - Grant of interim relief by High Court - Challenge against - Order passed by High Court granting interim protection against invocation of bank guarantee until disposal of S.9 arbitration petition was merely an interim measure intended to protect interests of both parties - Pursuant to order passed by High Court, Arbitral Tribunal was constituted - In view of ongoing arbitration proceedings concerning bank guarantee, it was imperative to maintain existing position regarding bank guarantee until final outcome of S.9 arbitration petition - No prejudice was occasioned to appellants - Section 9 arbitration petition was ripe for arguments before Commercial Court - Parties were directed to advance all their contentions along with necessary documents and Commercial Court shall pass appropriate orders - Bank guarantee shall be kept alive and shall be subject to outcome of Section 9 arbitration petition

AIR 1999 SC 3710-Relied on(Paras12131415)

(Para 12 13 14 15)

Constitution of India , Art.311— Termination of services - Plea of reinstatement - Delinquent while working as Sweeper-cum Class IV employee was removed from service on ground of registration of FIR - FIR was registered on allegation that delinquent entered into criminal conspiracy with co-accused, forged 5th standard certificate issued by Headmaster of Primary school to claim qualification upto 5th standard - Delinquent was acquitted from said charges as prosecution failed to prove charge against delinquent beyond reasonable doubts - Authorities never held any inquiry against delinquent - Department terminated services of delinquent merely on basis of report submitted by Deputy Director of Primary Education - At no stage, delinquent was afforded opportunity to defend himself before issuance of order of termination - Delinquent was condemned unheard - No reference was made to any particular provision while terminating service of delinquent appointed on contract basis - Hence, order of termination of services was not proper and set aside.

(Para 22 24 25 26 28)

Constitution of India , Art.226— Rules of Legal Education (2008) , R.12— Education - LLB examination - Petitioner student was not allowed to write 5th semester examination due to shortage of attendance - From or about August, 2024, he developed an ailment relating to his gallbladder and often used to be in intense pain as a result of which, his attendance dipped sharply in August, 2024 - Before 5th semester examination, it was only 60% which was less than required 75% attendance as per R.12 of Rules of Legal Education of 2008 - Petitioner was diligent and meritorious student - Rule could only cover a situation where in normal circumstances a student was absent and his attendance falls below 70% - But rule did not cover extraordinary circumstances like illness or bereavement in a student's family, natural disaster, riot strife, political upheavals, other acts of God and so on which prevent a student or students from attending classes - In such case said rule would not apply - Record showed that had petitioner not been inflicted with gallbladder ailment, he would have maintained regular attendance and fulfilled above qualifying criteria - Order dismissing writ petition of petitioner was set aside - Directions were issued to authorities to treat attendance of petitioner as regular and that he be assessed in 5th semester examination in regular course.

Judgment of Single Judge of Meghalaya High Court-Reversed(Paras11121315161718)

(Para 11 12 13 15 16 17 18)