EMPLOYEES’ STATE INSURANCE ACT, 1948 – Coverage – Determination – Number of employees Paras 2, 4, 10, 11, 16 Coverage under ESI Act depends on number of employees engaged – Petitioner contended only five workers engaged as per contract – Respondents relied on Form-I showing 27 employees – Held, determination of coverage requires proper verification of factual matrix.

 

EMPLOYEES’ STATE INSURANCE ACT, 1948 – Coverage – Determination – Number of employees

Paras 2, 4, 10, 11, 16

Coverage under ESI Act depends on number of employees engaged – Petitioner contended only five workers engaged as per contract – Respondents relied on Form-I showing 27 employees – Held, determination of coverage requires proper verification of factual matrix.

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ESI ACT – Section 45A – Determination of contribution – Validity

Paras 11, 13, 17

Order passed under Section 45A determining contribution payable – Petitioner challenged as arbitrary and without proper verification – Held, such determination must be based on proper enquiry and supporting material.

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NATURAL JUSTICE – Opportunity of hearing – Compliance

Paras 12, 17

Authorities issued C-18 notice and provided opportunity of hearing – However, subsequent material (certificate showing no work during relevant period) not properly considered – Held, effective opportunity requires consideration of relevant evidence.

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ESI PROCEEDINGS – Adhoc assessment – Requirement of proper verification

Paras 4, 17

Adhoc coverage and assessment without verification of records – Petitioner contended improper exercise of power – Held, authorities must verify records before invoking statutory provisions.

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WRIT JURISDICTION – Interference – Remand for fresh consideration

Paras 17, 18

Where ambiguity exists regarding liability and relevant documents not considered – High Court set aside impugned orders – Matter remanded for fresh adjudication after giving opportunity – Held, appropriate course is remand.

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PROCEDURE – Fresh notice and enquiry

Para 18

Authority directed to issue fresh C-18 notice – Petitioner to appear with records – Authority to pass reasoned order after hearing – Held, ensures compliance with Section 45A and principles of natural justice. 

PASSPORT – Pending criminal proceedings – Refusal of passport – Legality Paras 1, 2 Passport authorities refused/withheld issuance of passport due to pendency of criminal proceedings – Issue covered by earlier common order – Held, pendency of criminal case alone is not a ground to deny passport.

 

PASSPORT – Pending criminal proceedings – Refusal of passport – Legality

Paras 1, 2

Passport authorities refused/withheld issuance of passport due to pendency of criminal proceedings – Issue covered by earlier common order – Held, pendency of criminal case alone is not a ground to deny passport.

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PASSPORT ACT, 1967 – Section 10 – Scope – Consideration of application

Para 1 (extracted order)

Authorities directed to consider applications for issuance/re-issuance/renewal of passport under Section 10 of the Passports Act and Rule 12 of Passport Rules – Without reference to pending criminal proceedings – Held, decision to be taken in accordance with law.

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CONSTITUTION OF INDIA – Articles 14, 19, 21 – Right to travel

Para 1 (relief), Para 1 (extracted order)

Denial of passport affects fundamental right to travel abroad – Subject to reasonable restrictions – Held, right can be balanced with conditions imposed by Court.

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CRIMINAL PROCEEDINGS – Conditions for grant of passport

Para 1 (extracted order conditions i–vii)

Passport to be issued subject to conditions:
(i) undertaking not to leave country without court permission;
(ii) cooperation with trial;
(iii) submission of certified undertaking;
(iv) consideration by Passport Authority within stipulated time;
(v) deposit of passport before trial Court;
(vi) permission required for foreign travel – Held, safeguards ensure balance between individual rights and criminal process.

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PRECEDENT – Binding effect of earlier common order

Paras 1, 2

Matter squarely covered by earlier common order in batch of writ petitions – Present writ petition disposed following same – Held, consistency in judicial approach maintained.

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WRIT JURISDICTION – Article 226 – Direction to authorities

Paras 1, 2

High Court can direct statutory authorities to consider applications in accordance with law – Writ allowed on terms laid down in earlier judgment – Held, appropriate exercise of jurisdiction

Freezing of bank account – Power of police – Scope Paras 3, 5, 6, 7 Police directed bank to freeze petitioner’s account during investigation – Held, police have no independent authority to freeze bank accounts – Such power lies with jurisdictional Magistrate – Notice issued by police without statutory backing held illegal.

 

CRIMINAL PROCEDURE – Freezing of bank account – Power of police – Scope

Paras 3, 5, 6, 7

Police directed bank to freeze petitioner’s account during investigation – Held, police have no independent authority to freeze bank accounts – Such power lies with jurisdictional Magistrate – Notice issued by police without statutory backing held illegal.

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CRIMINAL PROCEDURE – BNSS – Section 107 – Requirement of Magistrate’s order

Paras 3, 6, 8

Freezing of account must be pursuant to orders of jurisdictional Magistrate under BNSS – Investigating Officer required to approach Magistrate for appropriate orders – Held, direct action by police impermissible.

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CRIMINAL LAW – Investigation – Seizure of money – Safeguards

Paras 4, 5, 9

Allegation that account contains proceeds of offence (extortion) – Even in such cases, due procedure must be followed – Held, investigation cannot bypass statutory safeguards for freezing accounts.

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WRIT JURISDICTION – Article 226 – Interference with illegal freezing

Paras 1, 7, 8, 10

Writ petition maintainable against unauthorized freezing of bank account – High Court can set aside illegal action and restore operation of account – Held, interference justified.

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INTERIM PROTECTION – Balancing investigation and rights

Para 9

While directing defreezing, Court protected investigation by restricting withdrawal of disputed amount – Petitioner permitted to operate account otherwise – Held, balanced approach adopted.

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PRECEDENT – Binding nature of earlier High Court decisions

Para 6

Earlier decisions of High Court holding police lack power to freeze accounts followed – Held, consistent application of legal position.

MINES AND MINERALS – Illegal sand transportation – Seizure of vehicle – Legality Paras 3, 4, 7 Vehicle seized alleging transportation of sand without valid documents – Rule 9-B(19) of G.O.Ms.No.100 prescribes only penalty for such violations – Authorities cannot resort to seizure where rule provides only penal consequences – Held, seizure not justified in such cases.

 

MINES AND MINERALS – Illegal sand transportation – Seizure of vehicle – Legality

Paras 3, 4, 7

Vehicle seized alleging transportation of sand without valid documents – Rule 9-B(19) of G.O.Ms.No.100 prescribes only penalty for such violations – Authorities cannot resort to seizure where rule provides only penal consequences – Held, seizure not justified in such cases.

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MINES AND MINERALS – Rule 9-B(19) – Scope of penalty

Para 7

Rule 9-B(19) specifically provides graded penalties for illegal excavation/transportation – Does not contemplate seizure of vehicles – Held, authorities empowered only to levy penalty and not to detain vehicle.

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CRIMINAL LAW – Seizure of property – Principle

Para 8

Reliance placed on Supreme Court decision holding that retention of seized vehicles serves no useful purpose – Vehicles should not be kept idle for long periods – Held, release of vehicle justified.

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WRIT JURISDICTION – Article 226 – Relief of release of vehicle

Paras 1, 9

Writ petition maintainable challenging illegal seizure of vehicle – High Court can direct release subject to compliance with statutory requirements – Held, writ disposed with directions for release upon payment of penalty.

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PROCEDURE – Conditional release of seized vehicle

Para 9

Authorities directed to:
(i) determine penalty under Rule 9-B(19);
(ii) permit payment by petitioner;
(iii) release vehicle upon production of receipt and ownership documents – Held, balanced approach ensuring compliance with law.

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FUNDAMENTAL RIGHTS – Articles 14, 19(1)(g), 21

Para 1

Illegal seizure affecting right to livelihood and property – Action contrary to procedure established by law – Held, interference justified under Article 226. 

CIVIL PROCEDURE – Execution – Order XXI Rules 97 & 98 CPC – Obstruction – Police assistance Paras 1, 3, 12 Execution Court passed orders directing police aid to remove obstruction and deliver possession – Despite such orders, execution stalled – Held, police bound to assist Court Amin in execution proceedings – Directions issued to provide necessary aid.

 

CONSTITUTION OF INDIA – Article 226 – Writ of Mandamus – Police aid for execution of decree

Paras 1, 5, 12

Writ petition seeking direction to police to provide aid for execution of delivery warrant issued by civil court – Decree holder unable to obtain possession due to obstruction and police inaction – Held, High Court can issue mandamus directing police assistance to ensure execution of decree.

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CIVIL PROCEDURE – Execution – Order XXI Rules 97 & 98 CPC – Obstruction – Police assistance

Paras 1, 3, 12

Execution Court passed orders directing police aid to remove obstruction and deliver possession – Despite such orders, execution stalled – Held, police bound to assist Court Amin in execution proceedings – Directions issued to provide necessary aid.

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EXECUTION – Fruits of decree – Right of decree holder

Paras 3, 11

Decree holder entitled to enjoy fruits of decree – Execution frustrated by obstruction of judgment debtors and inaction of authorities – Held, denial of execution amounts to defeating judicial process.

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POLICE DUTY – Assistance to Court – Scope

Paras 6, 7, 12

Police contended law and order constraints and staff shortage – However, obligation exists to assist execution of lawful court orders – Held, police cannot avoid duty on administrative grounds – Directed to provide protection.

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EXECUTION – Obstruction by judgment debtors – Consequences

Para 12

If obstruction caused to Court officials or police during execution – Police at liberty to register criminal cases against offenders – Held, obstruction to execution invites penal consequences.

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WRIT JURISDICTION – Enforcement of judicial orders

Paras 4, 5, 12

Persistent non-compliance of execution orders undermines rule of law – High Court intervention necessary to uphold efficacy of judicial process – Held, writ jurisdiction rightly invoked.