(A) Motor Vehicles Act (59 of 1988), S.166, S.165(1) - Constitution of India, Art.142 - Claim petition - Against Municipal Corporation -Maintainability - Injury due to natural calamities or 'Act of God' - Injured was travelling in Autorickshaw, due to sudden rain, he asked driver to stop under trees and waited for rain to subside, but branch detached from tree and fell on top of vehicles, causing injuries to him - Under S.166, accident claim can be filed in respect of accidents involving death of, or bodily injury to, persons arising out of use of motor vehicles, or damages to any property of third party so arising, or both - Taking shelter under tree by injured was ordinary thing and falling of branch was beyond contemplation of any State Authority or even driver of autorickshaw - Further, presence of injured in auto rickshaw does not suffice as 'use' under S.165(1) - Neither motor vehicle itself played active role in accident, nor was it part of proximate cause of accident - Under such circumstances, it would unfair to fasten liability upon Corporation under S.166 - However, in accordance with salutary principles of Constitution, in exercise of Art.142, compensation awarded by High Court for grievous injuries was enhanced to Rs.25,00,000/- along with interest. (Para 11, 13, 15)

(A) Motor Vehicles Act (59 of 1988), S. 168 - Constitution of India, Art.21 - Compensation - Death of housewife - Recognition of housewife as homemaker - Necessity, discussed.

(B) Motor Vehicles Act (59 of 1988), S. 168 - Compensation - Determination - Under additional head "Loss of domestic care" - Death of homemaker - In order to overcome inherent disadvantage accrued against homemaker on calculation of compensation on basis of conservatively computed notional income and also disposition towards uniformity, it was held that for three major heads firstly, homemaker's contribution towards smooth functioning of household, secondly loss of maternal support for children and loss of spousal support, support and care of their child who is adult and thirdly for parents of deceased, composite sum of Rs.30,000/- shall be added under head of 'loss of domestic care', provided that all three of these heads are met in given case - This determination shall be revised by 10%, cumulatively, every three years - Rs.30,000/- i.e., loss of domestic care is to be taken as a 'stand-in' (basic minimum monthly income) for monthly income in those cases where homemaker does not have input into house, in strictly conventional, monetary terms - In those cases where homemaker is part of workforce, component of loss of domestic care shall be in addition to monthly income as may be proved before Tribunal/Courts. (Para 20)

(C) Motor Vehicles Act (59 of 1988), S. 168 - Compensation - Quantum - Determination - Death of homemaker aged about 35 years - Deceased's claimed income of Rs. 3,000/- p.m. from knitting and stitching, was mere statement without backing - Therefore, compensation under head of 'loss of domestic care' would be taken as her monthly income i.e. Rs. 30,000/- - Addition of 40% made towards future prospects - Multiplier of 16 applied - Deduction of 1/4th made towards personal expenses - Rs. 48,400/- awarded towards loss of consortium - Rs. 18,150/- awarded towards loss of estate and funeral expenses - Total compensation of Rs. 62,77,900/- awarded. (Para 22)

(D) Motor Vehicles Act (59 of 1988), S. 166 - Claim petition - Delay in adjudication - Directions issued.

(A) Specific Relief Act (47 of 1963), S.34 - Civil P. C. (5 of 1908), S.11 Exp.4 - Suit for declaration of title and possession - Dismissal of - Applicability of constructive res judicata - Family property - Appellant, son of original owner, had acquired title to a substantial portion of property under a 1960 sale deed - General Power of Attorney holder executed certain sale transactions and subsequently sought mutation of his name over a larger extent of land - After litigation over validity of those transfers, appellant filed a suit seeking declaration of title and possession - In earlier proceedings appellant had only challenged specific sales executed by the GPA holder and had no need to separately assert title over entire property, as his ownership under the 1960 sale deed was undisputed - Cause of action for present suit arose only when GPA holder sought mutation over larger property - Applying constructive res judicata would unjustly deprive appellant of property lawfully conveyed to him and result in grave inequity - Order of High Court dismissing suit by applying principles of constructive re judicata was set aside. (Para 11,12,13,14)

(A) Criminal P. C. (2 of 1974), S. 190 - Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (57 of 1994), S. 23, S. 28, S. 4, S. 5 - Order taking cognizance of offence - Validity - Sex selection practices - Eradication - Schemes initiated by central govt. were indicative of continued efforts to eradicate systemic bias suffered by girl child in an inherently patriarchal system - Much progress was made, and yet, much was left to be desired - While situation was better than it was in mid-1990s, data did not support complacency - Statistics would show that progress made was incomplete and uneven - Integrity and strict enforcement of welfare-oriented legislation such as PCPNDT Act remain essential along with efforts continued and earnest, till time there was a widespread change in mentality - Police had conducted a search and seized pre-natal diagnostic equipment belonging to accused - Order taking cognizance against accused for offences under PCPNDT Act was proper. (Para 16)

(A) Constitution of India, Art.226 - Reopening of schools - Legality of Circulars - Director of Education issued circulars directing reopening of schools with effect from 15.06.2026 - Legality - Co-ordinate Bench of High Court has already dealt with issue and recorded its findings, which was confirmed by Supreme Court - Co-ordinate Bench has held that due to high temperatures in Vidarbha Region during June and its possible adverse impact on health of students, date of reopening of schools was deferred upto 1st July - Further, Government issued resolution stipulating reopening of schools in Vidarbha Region from 30th June or next working day in event of 30th June being holiday - However, Director of Education acted contrary to directions issued by High Court as well as against Govt. resolution, only for maintaining uniformity in academic schedule - Circulars were quashed and set aside - State was directed to act necessary steps for reopening schools in Vidarbha Region as per Govt. resolution. (Para 10, 12, 13, 15)

(A) Bharatiya Nagarik Suraksha Sanhita (46 of 2023), S. 483 - Juvenile Justice (Care and Protection of Children) Act (2 of 2016), S. 12 - Juvenile offender - Bail - Refusal to grant - Allegation of robbery - Juvenile was found to be 16 years 11 month on date of occurrence - He was in Observation Home since 15.01.2025 - Even social investigation report suggest scope of reform and nothing adverse was noticed against him - Charge-sheet was already submitted - Considering period of incarceration, order refusing to release juvenile on bail was quashed. (Para 8, 9)

(A) Constitution of India, Art. 226 - Writ petition - Territorial jurisdiction - Petition challenging order of dismissal filed by member of CAPF - Even cause of action arose outside, i.e., said order was issued from place beyond territorial limits of Delhi High Court or that events which triggered such order occurred outside its limits - Still Delhi High Court would have territorial jurisdiction in light of situs of office of Union of India and Director General, BSF/officer in whom is vested supervision and command of other CAPF, as per Art.226(1) (Para 27)

(B) DOCTRINE, - Doctrine of forum non conveniens - Applicability - Doctrine of forum non conveniens applies only where multiple fora are available to a litigant for seeking the same remedy; and, when such multiple fora are available, the forum which has been approached is entitled in law to examine whether any other forum is more convenient and/or better suited to consider and decide the claim that has been raised by the aggrieved litigant - For informed reasons, the forum seized of the claim may refuse to entertain the claim and leave the said litigant free to approach the other forum. (Para 29)

(C) Constitution of India, Art. 226 - Writ petition - Dismissal of - Challenge against - A suitor/appellant having himself chosen forum convenient to respondents, application of doctrine of forum non conveniens could be self-defeating and likely to deny access to justice rather than advancing it - Doctrine of forum non conveniens was misapplied by Division Bench in context of writ jurisdiction referable to Art.226 - Order of Division Bench refusing to entertain writ petition was set aside - Writ petition filed by appellant was revived to file of Delhi High Court which would be considered and decided on merits.

(A) Bharatiya Nagarik Suraksha Sanhita (46 of 2023), S.164 - Breach of peace - Dispute related to land - Plea that Executive Magistrate could not restrict cultivation on subject land for indefinite period - Also that Executive Magistrate was not competent to pass such order - In view of facts of case, impugned order to extend restricting to carry out further cultivation on subject land in future was set aside - Parties were at liberty to approach court of competent jurisdiction for seeking appropriate orders. (Para 4, 5, 6)

(A) Criminal P. C. (2 of 1974), S. 438 - Anticipatory bail - GST investigation - Economic offence - Application for anticipatory bail dismissed as premature - Direction issued to Petitioner / Department to give seven days' prior notice before taking any coercive action such as arrest - Challenge by GST Authorities - On the ground that the direction effectively granted an impermissible blanket protection against arrest/coercive action despite the ongoing GST investigation and was contrary to settled principles governing anticipatory bail - Specific directions also issued requiring applicant to join the investigation, in accordance with law - Direction requiring seven days' prior notice before coercive action, while directing the accused to join and cooperate with the investigation, does not constitute blanket anticipatory bail or blanket protection against arrest - Order was upheld. (Para 30, 31, 33)

(A) Civil P. C. (5 of 1908), O. 18, R. 17 - Recall of witness - Partition suit - After remand of partition suit for deciding validity of Will, defendants sought recall of plaintiff's witness for further cross-examination - Issue regarding Will was not part of original trial - Plaintiffs themselves were beneficiaries under alleged Will - Further cross-examination was necessary for proper adjudication of additional issue - Rejection of application merely on ground of delay and time-bound direction of High Court, held improper - Recall allowed with direction to conclude cross-examination and evidence within stipulated period. (Para 7, 8)

(A) Passports Act (15 of 1967), S. 3 - Return of passport - Permission to travel abroad - Criminal proceedings pending - Accused repeatedly initiated proceedings before High Court and obtained interim protections, while withdrawing such proceedings before final adjudication, raising doubts regarding his bona fides - High Court permitted accused to travel to USA on medical grounds - Supreme Court held that having regard to the trajectory of proceedings since registration of FIR, conduct of accused, nature of ailment and availability of adequate medical facilities in India, High Court was not justified in permitting foreign travel and had shown undue indulgence - At the same time, order directing deposit of passport was also not warranted - Accused entitled to retain passport but shall not leave India without prior permission of Sessions Court after committal of the case - If application for foreign travel is made, Sessions Court may consider it on merits and impose appropriate conditions. (Para 8, 9, 11)

(A) Criminal P. C. (2 of 1974), S. 482 - Constitution of India, Arts. 226, 21 - Criminal complaint - Delay in completion of investigation - Complaint alleging forgery remained under investigation for nearly 20 years despite repeated directions of JMFC and High Court - Right to speedy investigation and trial is an integral facet of Art. 21 - Constitutional Courts cannot remain passive where investigation remains pending for an unduly long period without justification - Even where case records were lost and witnesses could not be traced, investigating agency is required to submit an appropriate report before Magistrate instead of keeping proceedings pending indefinitely - Loss of case records during active investigation strikes at the core of criminal justice system and requires serious consideration - State and concerned Police Station were directed to conclude investigation within six weeks and file appropriate report before JMFC - State was further directed to file affidavit indicating action taken against responsible officer, reasons for failure to inform JMFC regarding inability to reconstruct records, and compliance with directions. (Para 12 to 18)

(A) Mines and Minerals (Development and Regulation) Act (67 of 1957), S.9(3) (As per amendment to Sch.2, Dt:1-09-2014) - Royalty on iron ore - Enhancement by statutory amendment - Liability to pay enhanced royalty - Determination - Respondent was e-auction purchaser of iron ore - Central govt.by amendment to Sch.2, Dt:1-09-2014 revised and enhanced royalty for iron ore from 10% to 15% - Contract between parties was signed prior to coming into force of amendment enhancing royalty - Failure of respondent to remove iron ore from site at one go or at any date prior to amendment - All payments, including royalty had been made - However, statutory amendment overrides contractual arrangements - Royalty is payable at rate prevailing on date of removal of mineral and not at rate prevailing on date of execution of contract - Appellant was justified in deducting additional 5% royalty from security deposit of respondent. (Para 11, 12, 13)

(A) Arbitration and Conciliation Act (26 of 1996), S.29A(4) - Extension of time - Arbitral proceedings arising out of land acquisition dispute - Proceedings remained pending beyond statutory period and arbitrator closed matter without rendering award - Time for making award extended - Arbitrator was directed to conclude proceedings and pronounce award within specified period. (Para 5, 6)

(A) Bharatiya Nagarik Suraksha Sanhita (46 of 2023), S. 483 - Bail - Grant of - Offenses of kidnapping and sexual assault on child victim - Accused enlarged on interim bail and directed to join investigation - Accused complied with interim bail order - Accused joined investigation and fully cooperated with Investigating Agency - State admitted that no recovery remained to be effected and custodial interrogation was not required - Investigation substantially completed - Victim despite notice not appearing before Court - Prosecution alleged accused stalked and slapped prosecutrix when she refused to enter his car - Investigation complete and custodial interrogation unnecessary - Liberty was paramount, presumption of innocence prevailed until guilt proved - Object of bail was to secure trial attendance and not punishment - Rule was bail not jail, subject to nature of accusations, evidence, severity of punishment and circumstances of accused - Regular bail was granted to accused subject to conditions. (Para 4, 5, 6, 7)

(A) Constitution of India, Art.226 - Election to Village Education Committee - Debarment from contesting election - Challenge against - Petitioner, wife of former Secretary of VEC, was debarred from participating in future elections pursuant to findings recorded in enquiry report - Enquiry report had been submitted several months earlier and remained unchallenged - Petitioner approached Court only on eve of election seeking permission to contest - When disqualification flowed from existing enquiry report and petitioner failed to assail same before appropriate forum within reasonable time, no ground for interference or grant of interim relief was made out - Writ petition was dismissed. (Para 8)

(A) Bihar Government Servants (Classification, Control and Appeal) Rules (2005), R.28 - Constitution of India, Art. 309 - Enhancement of punishment - Challenge against - On ground that punishment of dismissal fom service was beyond period of six months and was in violation of R. 28 - Petitioner allegedly entered into illicit relationship with complainant was not supported by complainant, though same may be true - Complainant had stated that petitioner had promised to marry her and subsequently refused to do so - Unauthorized absence of petitioner was proved by leading evidence in course of enquiry - Though there was sufficient evidence against petitioner, but, enhancing punishment from one black mark etc. to order of dismissal from service was in violation R. 28 and unsustainable - Order of dismissal from service was set aside - Order of black mark on petitioner and forfeiture of salary for period of unauthorized was restored. (Para 21, 22, 23, 24, 25)

(A) Hindu Minority and Guardianship Act (32 of 1956), S. 8(4) - Powers of natural guardian - Alienation of property - For evident advantage to minor - Mother sought permission to dispose of minor son's property in residential development inherited by him after demise of his father - It is duty of Court to safeguard the welfare of the minor, a principle that goes beyond consent or convenience - Doctrine of parens patriae would apply to safeguard interests of minor - Even where guardian consents to familial agreement, Court must ensure that adequate safeguards are in place to protect minor's interests - While residential unit provides secure form of property that might be occupied, rented, or preserved for future use but monetary component offers liquidity that can be applied towards minor's education, health, or general advancement - High Court erroneously rejected application on grounds that present utilisation of assets was not disclosed by guardian - Consequently, mother was granted necessary permission to realise Development Agreement.

(A) Bharatiya Nagarik Suraksha Sanhita (46 of 2023), S. 528 - Quashing of proceedings - Prayer for - On the basis on compromise - Offence under S. 376 IPC and allied offences - Complainant appeared before Court and stated that FIR was lodged due to misunderstanding, that no wrong had been done by accused and that she did not wish to pursue prosecution - Though offences such as rape are ordinarily not liable to be quashed on the basis of compromise, in the peculiar facts of the case, where the complainant voluntarily retracted the allegations and chances of conviction were remote and bleak, continuation of criminal proceedings would serve no useful purpose - FIR and consequential proceedings quashed and accused acquitted. (Para 11)

(A) Bharatiya Nagarik Suraksha Sanhita (46 of 2023), S. 497 - Release of vehicle - Refusal - Vehicle was seized by Police for offences under NDPS Act - Petitioner was registered owner of seized vehicle and ownership of vehicle was not in dispute as neither State or any other person had claimed their ownership over vehicle - No useful purpose would be served in keeping vehicle in custody of Police in open yard for a long period, allowing it to be damaged with passage of time - Therefore, order refusing release of vehicle was not sustainable in eye of law and same was set aside - District Munsif Cum Judicial Magistrate was directed to direct Police to hand over vehicle to Petitioner, on conditions that Petitioner should give a bank guarantee of Rs.25,000/- before said Court and file a bond that he shall be producing vehicle in question as and when needed by concerned Court and he shall not make any changes nor any variation in vehicle in question. (Para 16, 17, 18, 19)

(A) Criminal P. C. (2 of 1974), S. 482 - Quashing of charge-sheet - Prima facie case - Offences of criminal breach of trust, cheating and misappropriation of Govt. Funds - Case against accused was that he managed to squeeze out public money from Govt. Exchequer using dishonest means - Police completed investigation and submitted a formal charge sheet holding accused guilty of criminal offences based on deep-seated procedural illegalities in tendering process - When Notice Inviting Tender was originally issued, actual value of the work was completely omitted - No mandatory tender evaluation committee was ever constituted when tenders were subsequently opened - Investigation revealed illicit collusive arrangement and non-competitive bid rigging, as competitive tenders ostensibly submitted by other independent agencies were in fact filed and supported by a single entity - Immense amount of public funds was illegally siphoned off and multiple complex factual points remained to be determined during a full-scale trial - Prima facie case made out - Charge sheet could not be quashed. (Para 22, 24, 25)

(A) Tamil Nadu Patta Pass Book Act (4 of 1986), S. 3 - Patta passbook - Issuance of - Challenge against - On ground that the land was classified as "Oorani" in revenue records, but patta was transferred in favour of private individual - Held, proper course is to direct enquiry by competent revenue authority after hearing parties and considering relevant records - Parties were directed to appear before District Revenue Officer with documents, who shall consider the same along with report of Revenue Divisional Officer and pass orders in accordance with law. (Para 6, 7)

(A) Constitution of India, Art.226 - Promotion - Claim for parity - Post of Principal (School Cadre) - Regular promotion was granted to petitioner notionally from date of assumption of charge on placement basis while counterparts were granted regular promotion from actual date of assuming charge - Equality in service benefits - Petitioner was entitled to same treatment as similarly situated employees - Direction issued to grant him regular promotion from actual date of joining, with all consequential benefits. (Para 5)

(A) Constitution of India, Art.226 - Conversion of services - From part-time to daily wager - Legality - Petitioner employee was appointed on post of sweeper and since then she was continuously working in same office as contingent paid worker - No steps were taken by Dept. to remove her - As per Govt. policy, employee was entitled to conversion of services from part time to daily wage after completion of eight years service from date of initial appointment - Since she had already completed eight years of service, conversion of services of petitioner from part time to daily wage basis were justified. (Para 5, 6, 9, 10, 12)

(A) Passports Act (15 of 1967), S.6 - Passport renewal - No Objection Certificate - Pendency of criminal cases - Two FIRs involving allegations of corruption, forgery and destruction of official records were pending against petitioner - In one case charge-sheet was filed after inordinate delay of about eighteen years - While proceedings pursuant thereto had already been stayed by Coordinate Bench - Mere pendency of criminal proceedings could not justify denial of passport renewal when prosecution itself suffered from extraordinary delay - Rejection of application seeking No Objection Certificate for renewal of passport was erroneous - Passport Authority directed to renew passport in accordance with law. (Para 36)

(A) Finance Act (32 of 1994), S. 73 - Assessment order - Challenge against - Although a portion of amount was recovered in 2017, steps for recovery of remaining amount were taken only in 2025 - Plea that petitioner/assessee was a small-time contractor and that entire differential tax liability was already recovered was also taken into consideration - At present, what remains to be recovered was only penalty and interest - Therefore, subject to assessee depositing a sum of Rs.1,00,000/-, an opportunity could be granted to him - Hence, it was directed that petitioner shall deposit another sum of Rs.1,00,000/- on file of Assistant Commissioner and upon such deposit, order of assessment shall be set aside and matter stands remitted to file of Assistant Commissioner - Thereafter Assistant Commissioner shall proceed from stage of personal hearing by providing opportunity to assessee to submit additional reply and supporting document and thereafter Assistant Commissioner shall pass fresh orders in accordance with law - Since matter was remanded for fresh disposal, freezing of assessee's bank account shall stand raised. (Para 8, 9)

(A) Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order (2016), Cl. 7(2)(i), Cl. 2(p) - Essential Commodities Act (10 of 1955), S. 3 - Fair price shop dealer - Compassionate appointment - Definition of family - Words "unmarried, legally separated and widowed daughters" in Cl. 7(2)(i) of 2016 order - Interpretation - Expression "daughters" includes a married daughter who furnishes a dependency certificate along with No Objection Certificates from other adult family members of deceased dealer and is a local resident and satisfies all other eligibility conditions prescribed in G.O. No. 6 of 2019 Dt. 05.08.2019. (Para .)

(B) Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order (2016), Cl. 7(2)(i), Cl. 2(p) - Essential Commodities Act (10 of 1955), S. 3 - Fair price shop dealer - Appointment of - On compassionate ground - Married daughter cannot be excluded from definition of "family" - Appellant, married daughter continued to reside in same village even after her marriage and actively assisted her mother in operation of fair price shop - She upon her mother's demise, assumed responsibility for maintaining her sisters, including a visually impaired sister - Rejection of her compassionate appointment on ground of being married daughter was erroneous - Married daughter was entitled to appointment as fair shop dealer after death of her mother on compassionate ground. (Para 28)

(A) Constitution of India, Art. 21 - Narcotic Drugs and Psychotropic Substances Act (61 of 1985), S. 37 - Bharatiya Nagarik Suraksha Sanhita (46 of 2023), S. 483 - Bail - Grant of - Challenge against - Case involving possession of commercial quantity of heroin - Consideration and reference to twin conditions enumerated under S. 37 of NDPS Act was mandatory - There were antecedents against accused involving commission of offences of very same nature under NDPS Act - It cannot be said that he was not likely to commit such an offence while on bail - Moreover, accused had only undergone 1 year 7 months, and if found guilty, a maximum sentence of twenty years may be imposed upon him - It cannot be said that he had suffered incarceration for a long period, warranting interference in view of Art. 21 of Constitution - High Court while granting bail did not consider twin conditions mentioned in S. 37 - Order granting bail was quashed. (Para 17, 18, 19)

(A) Constitution of India, Art.226 - Writ of Mandamus - Police protection for construction of church - Petition by trust seeking direction to Superintendent of Police to provide protection against alleged obstruction by private respondents - Petitioner relying on registered sale deeds and statutory approvals from competent authorities for construction of church and amenities - Allegations of interference by private respondents despite civil dispute and pending litigation - Held, where petitioner's activities are supported by prima facie documents and statutory permissions, police protection can be granted to prevent unlawful obstruction - Existence of civil dispute does not bar grant of police aid when no legal impediment is shown - Direction issued to police authorities to provide necessary protection for construction. (Para 8,9)

(A) Specific Relief Act (47 of 1963), S.34, S.38 - Suit for declaration of title and permanent injunction - Disputed passage - Plaintiffs pleaded that suit property originally belonged to their father under settlement deed and that after forming a layout and selling plots to third parties, he retained a 10-feet strip of land for exclusive ingress and egress - Defendants pleaded that disputed passage was a public street known as 'Gandhi Road' and was being used by general public - Plaintiffs failed to produce any approved layout plan or document showing that disputed strip was retained for exclusive private use - Revenue records classified suit property as 'Government Poramboke Street' - Advocate Commissioner's report identified suit property as 'Gandhi Road' and disclosed existence of houses opening into passage, electric poles and other public amenities - Oral evidence also established long and continuous public user - Plaintiffs failed to establish exclusive title or possession - Order dismissing suit was proper. (Para 10,11,12)