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Court Need Not To Intervene Where It Doesn’t Seem Fit To Intervene: Patna High Court

Citation: CR. MISC. No.21192 of 202

Decided On: 16-10-2023

Coram: Honourable Mr. Justice Chakradhari Sharan Singh

Introduction:

The petitioner has put to challenge in the present application filed under section 482 of the CrPC, the order dated 31.01.2022 passed in Criminal Revision No. 171 of 2021. The petitioner is an accused in Laheriasarai P.S. Case No. 222 of 2019, wherein cognizance has been taken by the learned CJM, Darbhanga for the offences punishable under sections 341, 323, 324, 307, 354, 504, 506/34 of the Indian Penal Code

Facts:

The said criminal revision petition has been dismissed by an order dated 31.01.2022 passed by learned Additional Sessions Judge-X, Drabhanga, which order is under challenge in the present application filed under section 482 of the CrPC. Learned counsel appearing on behalf of the petitioner has submitted that the petitioner and other persons named in the FIR have been falsely implicated. The occurrence is said to have taken place as the informant had opened a shop to sell beef near a Temple and Town Primary Health Centre, Urdu Bazar, Darbhanga, to which members of both community opposed.

He further submits that the FIR was registered by the petitioner giving rise to Laheriasarai P.S. Case No. 193 of 2019. Another FIR was registered by the petitioner’s wife on 08.06.2019 giving rise to Laheriasarai P.S. Case No. 220 of 2019. Subsequently, the informant of this case lodged the false case giving rise to Laheriasarai P.S. Case No. 222 of 2019. On perusal of the records, it transpires that the petitioner had approached the revisional court and had invoked the statutory remedy of revision as envisaged under section 397 of the CrPC questioning the order taking cognizance.

Court’s Analysis and Decision:

Court did not interfere with the order passed by the revisional court in the present case, cause the court didn’t find it fit to do so. The application was dismissed because of the said reason by the court. The Hon’ble judge added that the petitioner, however, shall be at liberty to raise the grounds, which he has raised in the present application, at the time of framing of charge.

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Written By : Sushant Kumar Sharma

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Ews Resevation Suitable For India Or Not:

  1. The impact of EWS reservation on social equality in India:

The impact of EWS reservation on social equality in India has been a subject of debate and discussion. While proponents argue that it promotes inclusivity and addresses historical disadvantages faced by economically weaker sections, critics question its effectiveness in truly uplifting the marginalized groups.

The implementation of EWS reservation has undoubtedly provided opportunities for education and employment to those who were previously excluded. However, challenges remain in ensuring equitable access to these benefits as well as addressing the deeply entrenched social and economic disparities that persist in Indian society. The success of EWS reservation in promoting social equality ultimately depends on the comprehensive measures taken by the government to address the root causes of inequality and uplift the economically weaker sections. Efforts should be made to improve the quality of education provided to EWS students, ensuring that they receive the same standard of education as their privileged counterparts.[1]

Additionally, the government should focus on providing skill development programs and employment opportunities to EWS individuals, enabling them to break free from the cycle of poverty. Furthermore, there should be strict monitoring and enforcement of the reservation policy to prevent misuse and ensure that deserving candidates truly benefit from it. Only through these concerted efforts can EWS reservation truly bring about the desired social and economic transformation in Indian society.

  1. Assessing the effectiveness and implementation challenges of EWS reservation policies:

To evaluate the effectiveness of EWS reservation policies, it is crucial to conduct thorough assessments and analysis of the outcomes. This can be done by tracking the progress of individuals from economically weaker sections who have availed the reservation benefits and measuring their social and economic upliftment. The government should also address implementation challenges such as ensuring transparency in the selection process, preventing corruption, and providing adequate resources for the successful implementation of the reservation policies. By addressing these challenges and conducting regular evaluations, the government can make necessary improvements and ensure that the EWS reservation policies are truly effective in bringing about the desired social and economic transformation.

Furthermore, it is crucial for the government to actively monitor the impact of the EWS reservation policies on the targeted sections of society. This can be done through rigorous data collection and analysis, tracking the progress of individuals and communities who have benefited from the reservations. By measuring their social and economic upliftment, the government can assess the effectiveness of these policies in addressing the historic inequalities faced by the EWS population. Additionally, it is imperative for the government to address implementation challenges that may hinder the successful execution of the reservation policies.

  1. Exploring the historical context and evolution of reservation systems in India:

The historical context and evolution of reservation systems in India are essential to understanding their impact on society. Reservation policies were first introduced in India in the early 20th century as a means to address the social and economic disparities faced by marginalized communities. These policies aimed to provide representation and opportunities for historically disadvantaged groups, such as Scheduled Castes, Scheduled Tribes, and Other Backward Classes. Over time, the reservation system has evolved and expanded to include other sections of society, such as economically weaker sections (EWS) and women. Understanding the historical development of these policies can shed light on their intended goals and their impact on social equality. The reservation system has been both praised and criticized for its effectiveness in uplifting marginalized communities. While it has undeniably provided opportunities for education and employment for those who were previously denied access, some argue that it has also created a sense of dependency and perpetuated the notion of caste-based divisions in society. Nevertheless, the reservation policies continue to be an important tool in addressing historical injustices and fostering inclusivity in India.[2]

Reservation policies in India have been instrumental in providing representation to historically marginalized communities in various sectors, such as government, education, and public services. By allocating a certain percentage of seats or jobs to these communities, the policies aim to rectify centuries-old discrimination and create a more equitable society. However, it is important to periodically review and refine these policies to ensure they achieve their goals without inadvertently perpetuating divisions or hindering merit-based opportunities for all.

  1. Discussing alternative strategies to promote inclusivity and social upliftment beyond reservations in India:

One alternative strategy to promote inclusivity and social upliftment beyond reservations in India is through targeted affirmative action programs. These programs can be designed to specifically address the needs and challenges faced by marginalized communities, without resorting to quotas or reservations. For example, scholarships and mentorship programs can be implemented to provide educational and career opportunities to individuals from disadvantaged backgrounds. Additionally, government initiatives can focus on improving infrastructure and access to basic services in marginalized areas, ensuring that all citizens have equal opportunities for development and progress. Furthermore, promoting diversity and inclusion in the private sector through corporate social responsibility initiatives and diversity hiring practices can help create a more inclusive and equitable society. By actively seeking out and hiring individuals from diverse backgrounds, companies can foster a culture of acceptance and provide opportunities for underrepresented groups to thrive. Moreover, implementing training programs and workshops on unconscious bias and cultural sensitivity can further promote diversity and inclusion within organizations. Ultimately, these efforts can lead to a more equal distribution of resources and opportunities, contributing to a fair and just society for all.[3]

In addition, organizations can also establish mentorship programs and affinity groups to support and empower employees from marginalized communities. These initiatives can provide a safe space for individuals to connect, share experiences, and receive guidance from more experienced colleagues. By investing in these programs, companies can foster a sense of belonging and create a supportive environment that encourages diverse talent to stay and grow within the organization. Ultimately, these actions can drive innovation and drive better business outcomes, while simultaneously nurturing a more inclusive and equitable society.

Conclusion:

By prioritizing diversity and inclusion within the workplace, companies have the opportunity to not only create a more inclusive and equitable society, but also to enhance their own success. When employees feel valued and supported, they are more likely to bring their full selves to work, which can lead to increased creativity, collaboration, and productivity. Moreover, by actively seeking out and amplifying diverse perspectives, companies can better understand and meet the needs of their diverse customer base, ultimately resulting in improved business outcomes. In a world that is becoming increasingly interconnected and diverse, it is essential for companies to embrace and celebrate diversity in order to thrive in the long run.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Written By : Sushant Kumar Sharma

[1] Alex andrews George, EWS Reservation Eligibility – Know the Criteria to apply for the 10% Economically Weaker Section Quota Seats,  CLEAR IAS (September 30, 2023)  https://www.clearias.com/ews-reservation-eligibility/

[2] K.Venkataramanan, Explained | How has the EWS ruling altered reservations?, THE HINDU (November 13, 2022) https://www.thehindu.com/news/national/explained-how-has-the-ews-ruling-altered-reservations/article66129488.ece

[3] Adithyan, Economically Weaker Section, EWS, CLEARTAX (November 22, 2023) https://cleartax.in/glossary/economically-weaker-section-ews/

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“Legal Heirs Dispute: Court Rejects Revenue Court Jurisdiction, Advocates Civil Court Adjudication”

Title: Narayan vs Heera Lal

Citation: S.B. Civil Writ Petition No. 205/2023

Coram: HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Decide on: 22-08-23

Introduction:

The petitioner has filed a writ petition under Articles 226 and 227 of the Constitution of India, seeking relief from the judgments and decrees dated 17.08.2022 (by the Board of Revenue) and 19.10.2011 (by the Sub-Divisional Officer). The petitioner requests the quashing of these judgments, the setting aside of the decrees, and the allowance of the suit filed by the plaintiffs/petitioners in the interest of justice. The petitioner also seeks any other just and proper order or direction from the Hon’ble Court based on the present facts and circumstances.

Facts:

The case involves a writ petition under Articles 226 and 227 of the Constitution of India. Shri Madhulal, the father of the petitioners-plaintiffs, originally owned six parcels of land. After his death, the petitioners-plaintiffs sought to have their names entered into the revenue records based on intestate succession. The revenue authority initially refused the application.

Subsequently, the petitioners-plaintiffs filed a suit for the declaration of khatedari under the Rajasthan Tenancy Act, 1955, and permanent injunction against the respondents-defendants. The suit was contested, with the respondents claiming to be the sole legal heirs. The Sub-Divisional Officer (SDO) dismissed the suit, stating that the matter of legal heirs falls under the jurisdiction of civil courts.

The Revenue Appellate Authority (RAA) later set aside the SDO’s decision, recognizing the petitioners-plaintiffs as Khatedar of certain parcels. However, the Board of Revenue (BoR) overturned the RAA’s decision, upholding the SDO’s judgment. The petitioners argue that Natha marriage took place between Shri Madhulal and Smt. Dhapu, and both the petitioners-plaintiffs and respondent no.2 are legal heirs. They seek to have their names recorded in the revenue records based on intestate succession.

The respondents deny the existence of Natha marriage and contest the petitioners’ claim. They argue that the revenue court does not have jurisdiction in matters of legal heirs as specified in Section 207 of the Rajasthan Tenancy Act, relying on Section 242 of the same Act. The case involves complex issues related to succession, land ownership, and the jurisdiction of revenue courts, with each party presenting different interpretations of facts and legal provisions.

Judgement analysis:

In the judgment, the court notes that the petitioners-plaintiffs sought to record their names in revenue records based on intestate succession, but the concerned revenue authority refused. A suit was filed before the Sub-Divisional Officer (SDO), who observed that the question of legal heirs falls under the jurisdiction of civil courts, not revenue courts. The Revenue Appellate Authority (RAA) allowed the petitioners’ appeal, emphasizing that the respondents failed to substantiate their claims of being legal heirs. However, the Board of Revenue (BoR) overturned the RAA’s decision, upholding the SDO’s order.

The court observes that while revenue courts can adjudicate khatedari rights, the issue of legal heirs is pivotal in this case. It highlights Section 207 of the Rajasthan Tenancy Act, stating that suits for determining legal heirs are not within the purview of revenue courts. The court also cites a Supreme Court judgment emphasizing that disputes over title, especially those based on a will, should be addressed in civil courts before seeking mutation entries.

Consequently, the court dismisses the petition, stating that the matter of legal heirs should be presented before a civil court for proper adjudication before approaching revenue authorities for mutation. The judgment concludes that the petitioners are not entitled to relief, and all pending applications are disposed of.

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Written By: Gauri Joshi

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“Equitable Jurisprudence Prevails: Court Upholds Fairness and Consistency in Granting Employee Benefits”

Title: Secretary Administration Rajasthan Rajya Vidyut Prasaran Nigam

 Limited vs Rashtriya Bijali Karmachari Union (INTUC) Rajasthan

Citation: S.B. Civil Writ Petition No.8015/2017

Coram: HON’BLE MR. JUSTICE ASHOK KUMAR GAUR

Decided on: 24-01-23

Introduction:

In this case, the petitioner, who is the employer, has filed a writ petition challenging the award dated 02.12.2016 issued by the Industrial Tribunal in Jaipur. The petitioner’s counsel argues that the Industrial Tribunal was tasked with adjudicating the claim of the respondent-workman concerning his entitlement to a basic salary of Rs.595 on 19.04.1985. The central question is whether the employee is entitled to relief if the specified salary was not paid.

Facts:

In this case, the petitioner-employer challenges an award issued by the Industrial Tribunal, Jaipur, dated 02.12.2016. The petitioner argues that there is a jurisdictional error by the Industrial Tribunal in granting relief to the petitioner by holding him entitled to a basic salary of Rs.580/- per month, as no such reference was made for this specific relief. The petitioner contends that the Industrial Tribunal exceeded the scope of the reference, and such an act is impermissible in the eyes of the law. It is emphasized that the respondent-workman did not pray for the relief of a basic salary of Rs.580/- per month, and there were no pleadings supporting such a claim. The petitioner relies on the Bombay Gas Company Ltd. V. Gopal Bhiva case, stating that the Industrial Tribunal lacks the competence to go beyond the terms of the reference.

However, the respondent-workman argues that the Industrial Tribunal’s award does not warrant interference under Article 227 of the Constitution of India. It is asserted that the relief granted is incidental, permissible under Section 10(4) of the Industrial Disputes Act, 1947. The respondent contends that the Industrial Tribunal rightly considered the principle of equal pay for equal work concerning similarly situated employees and molded the relief accordingly.

The court, after hearing both parties, finds that the respondent-workman’s claim for a basic salary of Rs.595/- per month was rejected, and the Industrial Tribunal, after analyzing evidence, justified the grant of a basic salary of Rs.580/- per month based on the salaries of similarly situated employees. The court concludes that the Industrial Tribunal did not exceed its jurisdiction, and the relief granted was within the scope of the reference. The petitioner’s arguments regarding jurisdictional error and lack of pleadings are rejected, and the court upholds the Industrial Tribunal’s award.

Judgement analysis:

In this judgment, the court rejects the submissions of the petitioner’s counsel, emphasizing that if the court has already settled a controversy regarding entitlement to a particular pay scale for similarly situated employees, it would be unfair to deprive the respondent-workman of the benefit simply because he was not a party in the earlier litigation before the High Court.

The court acknowledges that the Industrial Tribunal considered relevant factors, including pleadings and evidence, in reaching the conclusion that the respondent-workman was entitled to the granted relief. It emphasizes that the award took into account the settled issue regarding the pay scale in question. The court distinguishes a cited judgment (Suresh Chandra vs. General Manager, Raj. State Bridge & Construction Corporation) where the Labour Court’s jurisdiction was deemed to be exceeded. In the present case, the court finds that if the respondent-workman raised a dispute, and the Labour Court, after reference by the State Government, found the relief justified based on the treatment of similarly situated employees, it did not exceed its jurisdiction.

As a result, the court dismisses the writ petition, and no costs are awarded. The judgment underscores the principle of fairness and consistency in granting benefits to employees based on settled issues and comparable cases.

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Written By: Gauri Joshi

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Madras High Court regarding the issue Person in Unauthorised Occupation Of Land Cannot Claim Protection Under Article 19, 21 If Eviction As Per Law.

Madras High Court regarding the issue Person in Unauthorised Occupation Of Land Cannot Claim Protection Under Article 19, 21 If Eviction As Per Law.

Title : Gunasekaran v. State of Tamil Nadu

Case No. : W.P.No.3002 of 2018

CORAM : THE HON’BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND     THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

Decided on : 23.11.2023.

Introduction

The petitioner seeks declaration that Section 6 of the Tamil Nadu Land Encroachment Act, 1905 [for brevity, “the Act of 1905”] is void and violates Articles 14, 19(1)(e) and 21 of the Constitution of India.

Fact of the Case

Mr.M.Elango, learned counsel for the petitioner, submits that Section 6 of the Act of 1905 is arbitrary, discriminatory and unreasonable. Right to shelter is a fundamental right under Article 21 of the Constitution of India. The impugned Section 6 of the Act of 1905 takes away the right of residence of the petitioner and other persons. Learned counsel for the petitioner submits that by virtue of the operation of Article 13 of the Constitution of India, the impugned Section 6 of the Act of 1905 is deemed to be void. The Act of 1905 is a pre-constitutional Act and is not in conformity with the fundamental rights guaranteed under Part III of the Constitution of India. The Governor has not granted any approval to the Act of 1905 after the Constitution came into force.

Case Analysis and Judgment

Once the Constitution Bench of the Apex Court has upheld the constitutional validity of the Act of 1905, and more particularly the same provision assailed by the petitioner, it will not be permissible to again consider the challenge to the same. The petitioner could not remotely show a semblance of right over the subject writ property. The procedure has been followed while evicting the petitioner. In the light of the above, the writ petition deserves to be dismissed and is hereby dismissed. There will be no order as to costs. Consequently, W.M.P.No.3670 of 2018 is closed.

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Written  by Nimisha Sunny

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