***

Quashing of FIR -- Inherent powers of High Court -- Proceedings can be quashed where they are manifestly mala fide or instituted with ulterior motive for wreaking vengeance or private grudge, to prevent abuse of process of law and secure ends of justice.

***

Quashing of FIR -- Election speech -- Allegations of abusive remarks against Prime Minister of India -- Ingredients of Sections 125 of Representation of the People Act and 504 IPC not made out -- FIR and proceedings quashed.

***

A. Bharatiya Nagarik Suraksha Sanhita, 2023 (45 of 2023), Section 528 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Inherent powers of High Court – Quashing of FIR -- Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him/her due to private and personal grudge, High Court, while exercising power under Section 482 Cr.PC can proceed to quash the proceedings.

(Para 11)

B. Bharatiya Nagarik Suraksha Sanhita, 2023 (45 of 2023), Section 528 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Representation of the People Act, 1951 (43 of 1951), Section 125 -- Indian Penal Code, 1860 (45 of 1860), Section 504 -- Quashing of FIR -- Allegations that petitioner made abusive remarks against Prime Minister of India during election speech and violated Model Code of Conduct -- Final report under Section 173 Cr.P.C. contains vague and omnibus allegations without specific particulars of words used -- Held, ingredients of Section 125 R.P.C. Act not satisfied as there is no material showing promotion of enmity or hatred between different classes of citizens on grounds of religion, race, caste, community or language -- Further held, essential ingredients of Section 504 IPC missing as no material to show intentional insult with intent or knowledge to provoke breach of public peace -- Complainant not the person allegedly provoked, allegations vague and unsupported by material evidence -- Powers under Section 528 BNSS/Section 482 Cr.P.C. reiterated to be exercised to prevent abuse of process and secure ends of justice -- FIR and consequential proceedings held to be an abuse of process of law and quashed.

(Paras 18 to 24)

***

Senior Citizen -- Three-member Maintenance Tribunal – Validity of order passed by sole Sub-Divisional Magistrate -- Held, order passed is without jurisdiction as statutory composition not followed – Matter remanded back to Maintenance Tribunal.

***

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007), Section 7 -- Haryana Government notification dated 17.11.2016 – Three members Maintenance Tribunal -- Order passed by Maintenance Tribunal solely by Sub-Divisional Magistrate assailed -- Held, order passed coram non judice and without jurisdiction as statutory composition not followed -- Such order is a nullity in the eyes of law -- Appellate Tribunal also erred in upholding such order and dismissing appeal -- Both orders set aside -- Matter remanded to the Maintenance Tribunal for fresh adjudication in accordance with law.

(Paras 2 to 7)

***

Physical possession of secured asset – Continued non-execution of order under Section 14 defeats very object and purpose of SARFAESI Act and is contrary to settled legal position -- Costs of Rs.50,000/- each imposed upon States of Haryana and Punjab -- Respondent No.2 directed to hand over physical possession within two months

***

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), Sections 14 and 17 -- Constitution of India, Article 226 – SARFAESI -- Physical possession of secured asset -- Order passed by District Magistrate under Section 14 remained unexecuted for approximately nine months despite repeated notices and communications seeking police assistance -- Respondent authorities failed to implement order passed under Section 14 -- Held, role of District Magistrate under Section 14 is administrative in nature and not adjudicatory -- Any dispute or challenge raised by borrower against action of secured creditor lies within exclusive jurisdiction of Debt Recovery Tribunal under Section 17 of Act -- Continued non-execution of order under Section 14 defeats the very object and purpose of SARFAESI Act and is contrary to settled legal position -- Costs of Rs.50,000/- each imposed upon States of Haryana and Punjab -- Respondent No.2 directed to hand over physical possession within two months subject to there being no subsisting stay or prohibitory order passed by competent Court or Tribunal -- Liberty granted to petitioner to move appropriate application in case of non-compliance.

(Paras 7 to 20)

***

Senior Citizens -- Appellate Tribunal -- District Magistrates/Presiding Officers of Appellate Tribunal are not authorized to sub-delegate quasi-judicial functions and powers vested in them under Act of 2007.

***

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007), Sections 7, 15 -- Appellate Tribunal -- Quasi-judicial powers – Delegation of – Permissibility of -- District Magistrates/Presiding Officers of Appellate Tribunal constituted under notification dated 15.07.2008 are not competent to delegate or sub-delegate quasi-judicial functions and powers to any subordinate or other officer irrespective of rank or competence -- Order passed by Additional District Magistrate set aside and matter remanded to District Magistrate-cum-Appellate Tribunal for fresh adjudication under Section 16 of Act of 2007.

(Paras 4-6)

***

Promotion -- Eligibility -- Employee already working as Junior Engineer (O&M) (Civil) prior to 2020 Amendment Rules held entitled to consideration for promotion notwithstanding non-recognition of diploma obtained through part-time/distance mode.

***

Promotion -- Departmental Promotion Committee (DPC) -- Delay in holding meeting -- Right to be considered for promotion is a fundamental right and employees cannot be made to suffer on account of failure of authorities to convene DPCs regularly and timely.

***

A. Punjab Municipal Corporation Services (Recruitment and Conditions of Service) (Amendment) Rules, 2020 -- Promotion -- Assistant Corporation Engineer (O&M) (Civil) -- Eligibility -- Petitioner promoted as Junior Engineer (O&M) (Civil) prior to coming into force of 2020 Amendment Rules -- Proviso to Rules specifically protected existing members of service notwithstanding educational qualification -- Respondents wrongly held petitioner ineligible on ground that diploma obtained through part-time/distance mode was not recognized -- Petitioner held entitled to consideration for promotion after completion of seven years’ service as Junior Engineer.

(Paras 11 to 14)

B. Constitution of India, Articles 14, 16, 226, 227 -- Departmental Promotion Committee (DPC) -- Delay in holding DPC -- Right to be considered for promotion – Fundamental right -- DPCs required to be convened regularly and timely to avoid stagnation and ensure career progression of eligible employees -- Right to be considered for promotion is a fundamental right under Article 14 and 16(1) of the Constitution -- Delay in convening the DPC not only causes financial loss to the concerned officers on account of delayed promotion to the next higher grade, but also adversely impacts their future career progression, as it correspondingly postpones their eligibility for further advancement – Held, respondents are mandated to hold DPCs every three months (quarterly) during every calendar year so that employees can get promotions against vacant posts in time.

(Paras 14 to 18)

***

Kidney transplantation -- Swap donation -- Near relative -- Mother-in-law held to fall within definition of “near relative” for purpose of swap transplantation.

***

Kidney transplantation -- Swap donation -- Non-near relative -- Object of 1994 Act is to prevent misuse of organs of poor persons and there is no bar on transplantation of organ of a human being into non-near relative.

***

A. Transplantation of Human Organs and Tissues Act, 1994 (42 of 1994), Sections 2(i), 9(3), 9(3-A) -- Transplantation of Human Organs and Tissues Rules, 2014, Rule 7 -- Swap donation -- Near relative -- Mother-in-law -- Authorization Committee rejected request for swap transplantation on ground that mother-in-law does not fall within definition of “near relative” -- Expression “means” used in Section 2(i) cannot be interpreted narrowly and definition cannot be treated as exhaustive -- Considering object of Act, prevailing family structure and purposive interpretation, mother-in-law held to be covered within expression “near relative” for purpose of swap donation under Section 9(3-A) -- PGIMER directed to proceed with transplantation subject to compliance of legal and medical formalities.

(Paras 7, 10 to 15, 19)

B. Transplantation of Human Organs and Tissues Act, 1994 (42 of 1994), Sections 9(3), 9(3-A) -- Transplantation of Human Organs and Tissues Rules, 2014, Rule 7(3), 7(4) -- Kidney transplantation -- Non-near relative -- Swap donation -- Donation of human organ to non-near relative permissible with approval of Authorization Committee -- Object of 1994 Act is to prevent misuse of organs of poor persons and there is no bar on transplantation of organ of a human being into non-near relative -- Matter required to be examined on parameters laid down under Rule 7(3).

(Paras 16 to 18)

***

MACT -- Negligence -- In a claim under Section 163A, negligence is not required to be proved and it is sufficient that injury is reasonably connected with motor vehicle in question.

***

MACT -- Standard of proof -- Claim petition under Act to be decided on touchstone of preponderance of probability and not proof beyond reasonable doubt and discrepancies in record cannot defeat claim when occurrence of accident and injuries sustained by claimant stand established.

***

MACT – 100% Permanent disability – Claim under section 163A -- Supreme Court in exercise of powers under Article 142 determined compensation by drawing guidance from principles governing claims under Section 166.

***

A. Motor Vehicles Act, 1988 (59 of 1988), Section 163A -- Compensation in motor vehicle accident case -- Negligence -- In a claim under Section 163A, negligence is not required to be proved and it is sufficient that injury is reasonably connected with motor vehicle in question.

(Para 8)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 163A -- Injuries sustained in accident -- Standard of proof -- Claim petition under Act to be decided on touchstone of preponderance of probability and not proof beyond reasonable doubt -- Discrepancies in FIR, medical record, vehicle number or treatment papers not sufficient to defeat claim when police investigation, chargesheet and evidence on record establish occurrence of accident and injuries sustained by claimant -- Absence of perfect proof cannot be ground to deny compensation under welfare statute.

(Paras 7 to 19, 23)

C. Motor Vehicles Act, 1988 (59 of 1988), Sections 163A, 166 -- Constitution of India, Article 142 -- Permanent disability -- Claim under Section 163A -- Claimant suffered 100% permanent disability and died during pendency of proceedings -- Strict confinement to Section 163A held not to serve interests of justice -- Supreme Court in exercise of powers under Article 142 determined compensation by drawing guidance from principles governing claims under Section 166 -- Compensation of Rs.14,90,000/- with 6% interest awarded.

(Paras 20 to 28)

***

Probate of Will -- Criminal investigation -- Testamentary jurisdiction -- High Court while exercising testamentary jurisdiction does not cease to be Constitutional Court possessing inherent and plenary powers and can exercise constitutional powers to protect estate.

***

Probate of Will -- Perjury -- Section 340 of the Code held applicable to all proceedings in all Courts in criminal cases or civil cases irrespective of fact whether matter involves offence mentioned in Section 195 Cr.P.C.

***

A. Indian Succession Act, 1925 (39 of 1925), Sections 247, 269, 300 -- Constitution of India, Article 215 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 340 -- Probate of Will -- Testamentary jurisdiction -- Administrator pendente lite -- Court-monitored investigation -- Jurisdiction of High Court -- Challenge to order of High Court directing court-monitored criminal investigation into affairs of deceased -- Primary function of Probate Court is to adjudicate execution and genuineness of Will -- However, High Court while exercising testamentary jurisdiction does not cease to be Constitutional Court possessing inherent and plenary powers -- If High Court notices glaring irregularities or element of mischief played by executor, it cannot remain silent spectator and can exercise plenary and constitutional powers to protect estate.

(Paras 29 to 41)

B. Indian Succession Act, 1925 (39 of 1925), Sections 247, 269, 300 -- Constitution of India, Article 215 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 340 -- Probate of Will -- Perjury -- Exercise of powers by High Court -- Under Section 340(3)(a), where Court making complaint is High Court, an officer of that Court may be appointed to make complaint -- Since High Court was exercising testamentary jurisdiction, it was permissible for officer of High Court registry to make complaint -- Object and scope of Section 340 is to institute enquiry and ascertain whether any offence affecting administration of justice has been committed in relation to any document produced or given in evidence in Court -- Section 340 of the Code held applicable to all proceedings in all Courts in criminal cases or civil cases irrespective of fact whether matter involves offence mentioned in Section 195 Cr.P.C.

(Para 41)

***

Circumstantial evidence -- Acquittal -- High Court found prosecution failed to establish complete chain of circumstances and allowed appeal and set aside conviction --Supreme Court declined interference under Article 136.

***

Indian Penal Code, 1860 (45 of 1860), Sections 364, 302, 396, 201 and 120-B -- Constitution of India, Article 136 -- Circumstantial evidence -- Murder -- Appeal against acquittal -- Prosecution case rested entirely on circumstantial evidence including last seen theory, recoveries and alleged disclosure statements -- High Court found prosecution failed to establish complete chain of circumstances and allowed appeal and set aside conviction -- Non-examination of independent witness allegedly present at time of recovery of dead body created serious doubt regarding prosecution claim that recovery was made pursuant to disclosure statement of accused -- Recoveries of tape recorder, wrist watch and towel not connected with crime through legally admissible evidence -- Suspicion, however strong, cannot substitute proof -- When two views are possible and High Court adopts plausible view, Supreme Court would not interfere with acquittal unless findings are perverse or result in miscarriage of justice -- Appeals dismissed.

(Paras 24 to 43)

***

Senior citizen -- Appellate Tribunal -- District Magistrates/Presiding Officers not authorized to sub-delegate quasi-judicial functions and powers vested under Act of 2007.

***

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007), Section 16 -- Instructions dated 27.10.2025 -- Appellate Tribunal -- Delegation of powers -- Permissibility of – Impugned order not passed by the statutory authority, i.e. District Magistrate, but by an authority exercising sub-delegated powers, i.e. Additional Deputy Commissioner – Held, District Magistrates/Presiding Officers of Appellate Tribunals not authorized to sub-delegate quasi-judicial functions and powers vested in them by statute – Impugned Order set aside and matter remitted to District Magistrate-cum-Appellate Tribunal concerned for adjudication afresh in accordance with Section 16 of Act of 2007 -- Alienation of property in question ordered to remain stayed till final decision in appeal.

(Paras 3 to 10)

***

Senior citizen -- Right to residence -- Willingness of petitioner to keep mother with him subject to condition that petitioner’s siblings would not be permitted to enter house in question -- Writ petition dismissed with costs.

***

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007), Section 23 -- Senior citizen -- Right of entry and residence -- Maintenance Tribunal directed son to vacate one room situated on ground floor, construct a separate bathroom within period of three months and provide basic amenities -- Appellate Tribunal affirmed order -- Willingness of petitioner to keep mother with him subject to condition that petitioner’s siblings would not be permitted to enter house in question -- Petitioner unable to point out any illegality or infirmity in exercise of power by Maintenance Tribunal -- Writ petition dismissed with costs of Rs.50,000/-.

(Paras 1 to 13)

***

Murder and dowry cruelty -- Deceased subjected to persistent harassment for motorcycle and cash demand -- Medical evidence proving homicidal hanging -- Husband failed to explain injuries sustained by deceased in matrimonial home -- Conviction under Sections 302 and 498A IPC upheld.

***

Burden of proof -- Murder inside matrimonial home -- Husband failed to explain homicidal death of wife -- Adverse inference rightly drawn under Section 106 of Evidence Act.

***

A. Indian Penal Code, 1860 (45 of 1860), Sections 302 and 498A – Murder -- Dowry demand and cruelty -- Deceased repeatedly subjected to torture for motorcycle and cash demand -- Several panchayat meetings and resolutions effected for compromise -- Direct evidence of father and other witnesses regarding persistent cruelty and harassment -- Deceased found hanging in matrimonial home where appellant-husband was present -- Medical evidence proving simulated hanging/homicidal hanging -- Appellant failed to offer any explanation regarding injuries sustained by deceased prior to death -- Defence of suicide belied by overwhelming medical evidence -- Conviction under Sections 498A and 302 IPC upheld.

(Paras 25 to 31)

B. Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Murder inside house -- Burden of proof -- Where offence takes place inside privacy of house, corresponding burden lies upon inmates of house to give cogent explanation as to how victim succumbed -- Appellant-husband failed to discharge burden or explain homicidal death of wife inside matrimonial home -- Adverse inference rightly drawn against appellant.

(Paras 29 to 31)

***

Circumstantial evidence -- Murder -- Recovery of articles -- Recovery of empty phials of calmpose injection, clothes worn and rope at instance of appellant proved through testimony of Investigating Officer -- Viscera report showing diazepham present -- Merely because panch witnesses turned hostile cannot be ground to discard important piece of evidence if recovery is proved through Investigating Officer -- Conviction under Section 302 IPC upheld.

***

Indian Penal Code, 1860 (45 of 1860), Sections 302 and 149 -- Indian Evidence Act, 1872 (1 of 1872), Section 27 -- Murder -- Circumstantial evidence -- Recovery of articles -- Empty phial of calmpose injection, clothes worn by appellant and rope recovered at instance of appellant -- Prosecution case that accused persons initially administered calmpose injection to deceased persons and thereafter caused injuries resulting in death -- Postmortem report showing shock due to external and internal injuries on vital parts and excessive blood loss -- Viscera report showing diazepham present -- Recovery not vitiated merely because panch witnesses failed to support prosecution case -- Recovery proved through testimony of Investigating Officer -- Recovery held proved -- Conviction upheld.

(Paras 15 to 21)

***

Criminal medical negligence -- Anaesthetist giving telephonic post-operative pain management advice after duty hours cannot be held criminally liable for subsequent procedural lapse committed by staff nurse in administering injection -- Criminal proceedings quashed.

***

Criminal negligence -- In absence of direct proximate nexus between telephonic painkiller advice and death caused by acute coronary insufficiency due to 80% coronary blockage, criminal liability of appellant-anaesthetist not sustainable.
***

Medical negligence -- Constitution of expert panel without anaesthetist in case involving epidural anaesthesia rendered medical opinion unreliable and contrary to safeguards laid down in Jacob Mathew, (2005) 6 SCC 1 -- Criminal prosecution unsustainable.

***

Criminal proceedings and civil proceedings -- Exoneration in civil proceedings -- Appellant-doctor having been exonerated on merits by Consumer Forum and such finding attaining finality, continuation of criminal prosecution on identical allegations held abuse of process of law.

***

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Indian Penal Code, 1860 (45 of 1860), Section 304-A -- Criminal medical negligence -- Rash and negligent act -- Degree of negligence -- Anaesthetist whose duty hours had concluded cannot be held criminally liable for a subsequent procedural error committed by a staff nurse -- Appellant merely suggested administration of painkiller over telephone, which constituted standard medical advice for post-operative pain management and not gross criminal recklessness -- Failure of nurse to accurately locate epidural space may at best amount to deficiency in service giving rise to civil liability, but lacked gross culpability or mens rea necessary to attract Section 304-A IPC -- Essential ingredients of criminal negligence absent -- Criminal proceedings quashed.

(Paras 19, 20, 24, 25)

B. Indian Penal Code, 1860 (45 of 1860), Section 304-A -- Criminal negligence -- Proximate cause -- Requirement of direct nexus (causa causans) between negligent act and death -- Painkiller advised by petitioner over telephone -- Deceased found having asymptomatic 80% coronary artery blockage -- Medical evidence proving immediate cause of death to be acute coronary insufficiency resulting in heart attack -- Chain of causation too remote to fasten criminal liability upon appellant-anaesthetist -- Criminal prosecution unsustainable.

(Para 28)

C. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Medical negligence -- Expert opinion – Requirement of independent competent medical opinion -- Case relating to administration of epidural anaesthesia -- Constitution of expert panel without anaesthetist -- Effect -- Absence of specialist in concerned branch rendered panel incompetent to evaluate technical nuances of epidural anaesthesia and catheter management -- Reliance on such flawed expert report contrary to safeguards laid down in Jacob Mathew v. State of Punjab -- Criminal prosecution unsustainable.

(Paras 26, 27)

D. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Criminal proceedings and civil proceedings -- Exoneration in civil proceedings -- Effect -- Consumer Forum after detailed appreciation of evidence exonerating appellant-doctor from liability -- Finding attained finality qua the appellant -- Where exoneration on merits holds allegations wholly unsustainable, continuation of criminal prosecution on identical facts amounts to abuse of process of law.

(Paras 21 to 23)

***

Scheduled Caste status -- Conversion to Christianity -- Person openly professing and practising Christianity as Pastor ceases to be member of Scheduled Caste within meaning of Constitution (Scheduled Castes) Order, 1950 -- Statutory protections and benefits under SC/ST Act not available.

***

Scheduled Caste -- Conversion and reconversion -- Mere birth in Scheduled Caste not sufficient once person professes Christianity -- Reconversion claim must be established by proof of bona fide reconversion, complete renunciation of converted faith and acceptance by original caste community.

***

Quashing of proceedings -- SC/ST Act and IPC offences -- High Court justified in exercising jurisdiction under Section 482 Cr.P.C. where foundational requirement of Scheduled Caste status absent and evidence collected during investigation failed to disclose ingredients of offences alleged.

***

A. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3 -- Constitution of India, Articles 341 and 342 -- Constitution (Scheduled Castes) Order, 1950, Clause 3 -- Scheduled Caste -- Conversion to Christianity -- Applicability of SC/ST Act -- Appellant openly professing and practising Christianity as Pastor for more than ten years -- Clause 3 of Constitution (Scheduled Castes) Order categorically excludes persons professing religions other than Hinduism, Sikhism and Buddhism from Scheduled Caste status -- Upon conversion to Christianity, appellant ceased to be Scheduled Caste in law and could not invoke protections of SC/ST Act.

(Paras 35 to 61)

B. Constitution (Scheduled Castes) Order, 1950, Clause 3 -- Expression “professes” -- Meaning and scope -- “Profess” means open declaration and public practice of religion -- Person publicly preaching and conducting Christian religious services as Pastor clearly professes Christianity -- Irrespective of the appellant’s caste of origin, he cannot be deemed to be a member of a Scheduled Caste.

(Paras 36 to 44)

C. Constitution (Scheduled Castes) Order, 1950, Clause 3 -- Scheduled Caste -- Conversion to Christianity -- Reconversion -- Conditions precedent -- Claimant seeking restoration of Scheduled Caste status must establish original caste status, bona fide reconversion, complete renunciation of converted faith and acceptance by original caste community -- Mere possession of caste certificate insufficient unless in consonance with Constitution (Scheduled Castes) Order, 1950.

(Paras 55, 58)

D. Indian Penal Code, 1860 (45 of 1860), Sections 341, 323, 506 and 34 -- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(1)(r), 3(1)(s), 3(2)(va) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Conversion to Christianity – Applicability of SC/ST Act -- Quashing of proceedings -- Allegations of assault, restraint and intimidation unsupported by independent witnesses -- Statements of material witnesses inconsistent and lacking specific attribution against accused -- Evidence collected during investigation failed to disclose essential ingredients of offences alleged -- Continuation of proceedings held abuse of process -- Appellant ceased to be member of Scheduled Caste -- High Court justified in quashing proceedings under Section 482 Cr.P.C.

(Paras 60 to 69)

***

MACT -- Mediclaim/ medical insurance -- Amount received under Mediclaim policy not deductible from compensation awarded by MACT under head of medical expenses -- Mediclaim contractual benefit flowing from payment of premiums whereas compensation under MVA statutory entitlement -- Principle of “double benefit” not attracted.

***

Precedent -- Conflicting judgments of coordinate Benches -- Judicial discipline -- Both the Bar and the Bench are duty bound to ensure consistency with precedent, disclose and apply correct law, and avoid per incuriam decisions in aid of an effective justice delivery system.

***

A. Motor Vehicles Act, 1988 (59 of 1988), Sections 166 and 168 -- Compensation in Motor vehicle accident case -- Mediclaim/ Medical insurance -- Deductibility from compensation awarded by MACT -- Mediclaim policy contractual benefit flowing from payment of premiums and independent of statutory entitlement under MVA -- Amount received under Mediclaim cannot be termed “double benefit” merely because reimbursement relates to same medical expenses -- Deduction of such amount would unjustly benefit insurer of offending vehicle and denude claimant of fruits of insurance contract purchased from own resources – Amount received as part of Mediclaim/medical insurance is not deductible from compensation awarded by MACT.

(Paras 7 to 11, 15)

B. Precedent – Bar and Bench -- Conflicting judgments of coordinate Benches -- Judicial discipline – Counsel’s awareness of law and grasp on facts are their greatest assets, enabling them to distinguish judgments that may seemingly be against them and still secure a favourable order -- Court before which they are appearing may not be aware of the latest pronouncement, they must disclose the same to the Court ensuring consistency -- Entire burden cannot be placed only on counsel, the Court itself has an independent tri-fold duty, to apply correct law even if the Counsel does not cite the same, ensure consistency with precedent, and avoid per incuriam decisions – Both the Bar and the Bench are responsible for minimising the problems that arise in the face of inconsistent judicial opinion -- They are both constituents of the justice delivery system and must act to ensure consistency in law and reduction of pendency.

(Paras 14)

***

Writ jurisdiction -- Co-operative society election -- Challenge to validity of bye-laws governing eligibility to contest elections to Management Committee of District Milk Unions -- District Milk Unions held not “State” within meaning of Article 12 -- Internal governance and electoral disputes held not to involve public law element -- Writ petitions not maintainable.

***

Writ jurisdiction -- Co-operative society election -- Mere supervisory or regulatory control by State not sufficient to render society instrumentality of State -- Writ lies only where body performs public duty or breaches statutory obligation of public character.

***

Writ jurisdiction -- Co-operative society election -- Election disputes touching constitution, management or business of society -- Registrar vested with exclusive jurisdiction -- High Court ought not to bypass statutory remedy under Article 226.

***

A. Rajasthan Co-operative Societies Act, 2001 (Act 16 of 2002), Sections 58, 60, 104 to 107 and 125 -- Constitution of India, Articles 12, 226 -- Co-operative society election -- Challenge to validity of bye-laws governing eligibility to contest elections to Board of Directors of District Milk Unions -- Maintainability of writ petitions -- District Milk Unions autonomous member-driven bodies governed by provisions of Act, Rules and bye-laws -- Unions neither departments of State nor owned, financially controlled or administratively dominated by State so as to constitute instrumentalities of State within meaning of Article 12 -- Mere existence of regulatory or supervisory control by Registrar or State Co-operative Election Authority not determinative -- Internal management, governance and electoral disputes do not by themselves attract writ jurisdiction merely because societies owe incorporation to statute -- Act, 2001 provides complete self-contained adjudicatory mechanism through Registrar, arbitration, appeal, Tribunal, review and revision -- Disputes relating to validity of bye-laws governing elections fall squarely within statutory framework under Sections 58 and 60 -- Writ petitions filed without exhausting efficacious statutory remedy held not maintainable -- High Court erred in bypassing statutory dispute resolution mechanism and entertaining writ petitions under Article 226.

(Paras 14 to 15.12)

B. Rajasthan Co-operative Societies Act, 2001 (Act 16 of 2002), Sections 8, 18, 28 and 32 -- Co-operative society -- Elections -- Bye-laws -- Eligibility criteria -- Validity of -- Statutory framework expressly contemplates that elections shall be conducted in accordance with Act, Rules and bye-laws of society -- Bye-laws not external or extraneous to election process -- Bye-laws regulating minimum milk supply, continuity of operations and prescribed audit classification held to regulate candidature and continuation in office -- Conditions intended to ensure minimum level of functional connection, participation and suitability in relation to affairs of society -- Impugned bye-laws do not impose disabling or punitive bar contemplated under Section 28 -- Absence of eligibility merely postpones right to contest till prescribed conditions fulfilled -- Conditions held reasonable, non-arbitrary and within statutory competence of society -- Invalidation of the bye-laws on the premise that they impose disqualifications is, therefore, legally unsustainable.

(Paras 17 to 19.7)

C. Rajasthan Co-operative Societies Act, 2001 (Act 16 of 2002), Sections 19, 32 -- Co-operative society -- Elections -- Bye-laws -- Eligibility criteria -- Election -- Right to vote vis-à-vis right to contest election -- Distinction -- Neither right to vote nor right to contest election is fundamental right -- Rights are purely statutory in nature and exist only to extent conferred by statute -- Right to contest election is distinct and additional statutory right to office and may legitimately be made subject to qualifications, eligibility conditions and disqualifications -- Impugned bye-laws directed only at eligibility of President or representative of primary co-operative society to contest election to or continue as member of Board of Directors -- Bye-laws do not regulate or curtail right of members to cast vote -- Regulation of candidature cannot be equated with restriction on right to vote.

(Paras 18 to 18.7)

***

Sarpanch/ Panch/ Panchayat Secretary -- Enquiry -- Alleged misuse of Panchayat funds on private land -- Absence of prima facie material -- Prayer for roving enquiry not maintainable -- Writ petition dismissed.

***

Constitution of India, Articles 226 and 227 -- Haryana Panchayati Raj Act, 1994, Sections 51(3) and 53 -- Sarpanch/ Panch/ Panchayat Secretary -- Enquiry -- Allegation of misuse and misappropriation of Panchayat funds for construction of passage on private land -- Petitioner sought enquiry against Sarpanch, Panches and Panchayat Secretary along with recovery of allegedly misappropriated amount -- Except representations submitted by petitioner, no substantive material placed on record to prima facie support allegations -- Petitioner held to be seeking a roving enquiry on speculative foundations -- Writ petition dismissed.

(Paras 3 to 5)

***

Public nuisance -- Illegal encroachment on public street -- Removal of unauthorized ramps and structures -- Maintainability of writ petition -- Efficacious alternative remedy available under Section 152 BNSS, 2023 -- Writ petition dismissed with liberty to avail statutory remedy.

***

Constitution of India, Article 226 -- Bharatiya Nagarik Suraksha Sanhita, 2023, Section 152 -- Public nuisance -- Illegal encroachment on public street -- Petition seeking removal of unauthorized ramps, platforms and structures allegedly raised over public street by way of encroachment – State raised objection regarding availability of statutory remedy under Section 152 BNSS -- Petitioner unable to controvert said objection -- High Court declined to exercise writ jurisdiction and relegated petitioner to avail remedy in accordance with law.

(Paras 1 to 4)

***

Senior citizen -- Maintenance -- Cancellation of transfer deed -- Authorities found appellant-senior citizen residing comfortably with second wife and son and having sufficient resources to maintain himself -- Application dismissed -- Dispute held to be family/property dispute raised to reclaim property from sons of first marriage -- Letters Patent Appeal dismissed.

***

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007), Sections 4, 5 and 23 -- Maintenance -- Cancellation of transfer deed -- Family/property dispute -- Appellant-senior citizen sought maintenance and cancellation of transfer deed executed in favour of sons from first marriage on ground that they failed to maintain him -- Respondents stated that appellant was living comfortably with second wife and son from second marriage and had sufficient income and businesses – Dispute held to be family/property dispute aimed at reclaiming property from sons of first marriage -- Findings that appellant had sufficient resources to maintain himself remained unrebutted -- Learned Single Judge upheld orders passed by authorities -- Held, no illegality, infirmity or perversity in impugned orders -- Letters Patent Appeal dismissed.

(Paras 5 to 10)

***

Proclaimed offender -- Quashing of order -- Bail -- Petitioner residing in another State and unaware of pending proceedings -- Readiness of petitioner to join proceedings and face trial -- Order declaring petitioner proclaimed offender set aside subject to costs -- Court concerned directed to admit petitioner to bail subject to its satisfaction.

***

Code of Criminal Procedure, 1973 (2 of 1974), Section 82 -- Proclaimed offender -- Quashing of order -- Petitioner declared proclaimed offender in case under Sections 279 and 304-A IPC -- Petitioner contended that he had gone to Gujarat for livelihood and was under impression that no proceedings were pending after compromise between parties -- Plea that provisions of Section 82 Cr.P.C. were not complied with and petitioner was never served through ordinary or substituted service -- Held, non-appearance of petitioner not intentional -- Petitioner ready to join proceedings and face trial -- Order declaring petitioner proclaimed offender set aside subject to deposit of costs of Rs.25,000/- -- Petitioner directed to appear before Court concerned within 10 days and file bail application along with receipt of costs -- Court concerned directed to admit petitioner to bail subject to its satisfaction -- Protection from arrest granted for 10 days.

(Paras 6 and 7)

***

Hostile witness -- Evidence of the hostile witness is admissible, once it gets strengthened with the help of other evidence.

***

Postmortem report -- Evidentiary value -- Postmortem report by itself not substantive evidence -- Requires corroboration by oral evidence of medical expert.

***

Independent witnesses -- Incident alleged to have occurred on public road with vehicular movement and presence of nearby persons -- Failure of prosecution to examine any independent witness assumes significance and renders occurrence doubtful.

***

A. Indian Penal Code, 1860 (45 of 1860), Sections 302 and 323 -- Murder -- Conviction -- PW3 turned hostile and contradicted prosecution story -- Other witnesses did not support prosecution case regarding holding of Panchayat about the issue of elopement of the sister of the accused and the deceased. -- No other evidence which could corroborate the factum of holding of Panchayat etc. -- No independent witness examined though incident allegedly occurred on busy public road -- Medical evidence suffered from discrepancies and contradictions -- Held, prosecution failed to prove occurrence, genesis and motive of crime -- Evidence weak and unreliable -- Conviction unsustainable -- Appellant acquitted.

(Paras 5 to 10.4)

B. Indian Evidence Act, 1872 (1 of 1872), Sections 145, 157 and 159 -- Hostile witness -- Admissibility and evidentiary value -- Evidence of hostile witness remains admissible and can be relied upon once corroborated by other reliable evidence.

(Paras 8.3 to 9)

C. Indian Evidence Act, 1872 (1 of 1872) -- Medical evidence -- Postmortem report -- Postmortem report by itself cannot be treated as a piece of substantive evidence -- Medical expert required to satisfactorily explain discrepancies and contradictions appearing in postmortem report -- Failure to explain inconsistencies diminishes evidentiary value of medical evidence.

(Paras 6 to 6.1)

***

Cruelty and desertion -- Wife pursuing professional career and residing separately for welfare and upbringing of minor child -- Cannot be construed as cruelty or desertion.

***

Cruelty -- Wife opening dental clinic and pursuing career goals -- Mere pursuit of professional aspirations by qualified woman cannot amount to cruelty.

***

Perjury -- Matrimonial acrimony -- Allegations seeking prosecution of wife for false statements on oath -- Allegations appeared to be result of personal vendetta, anger and pent-up frustration -- Hyper-technical dissection of record insufficient to constitute offence of perjury or giving false evidence -- Petition dismissed.

***

A. Hindu Marriage Act, 1955 (25 of 1955), Sections 13, 13(1)(i-a) and 13(1)(i-b) -- Divorce -- Cruelty and desertion -- Wife pursuing professional career and residing separately for welfare and upbringing of minor child suffering from medical complications -- Family Court treated same as cruelty and desertion -- Held, approach of Courts below was pedantic, regressive, archaic and ultraconservative -- Marriage does not eclipse individuality of woman nor subjugate her identity under that of spouse -- Mere pursuit of professional career and responsible parenthood cannot amount to cruelty or desertion -- Findings regarding cruelty and desertion expunged -- Divorce decree maintained on ground of irretrievable breakdown of marriage.

(Paras 3 to 32)

B. Code of Criminal Procedure, 1973, Sections 195 and 340 -- Perjury -- Matrimonial acrimony -- Allegations seeking prosecution of wife for false statements on oath -- Allegations appeared to be result of personal vendetta, anger and pent-up frustration -- Hyper-technical dissection of material on record insufficient to disclose ingredients of offence of perjury or giving false evidence -- Concurrent findings rejecting application warranted no interference -- Petition dismissed.

(Paras 35 to 38)

***

Membership -- Company -- Person not entered in register of members can still maintain petition under Sections 397 and 398 if company’s conduct recognises his shareholding interest -- Entry in register not sole mode of acquiring membership -- Jurisdiction under Sections 397 and 398 is equitable in nature -- Substantive rights cannot be defeated by technicalities.

***

Membership -- Company -- Requirement of agreement in writing and entry in register introduced to prevent fraudulent inclusion of names -- Not intended to make entry in register sole or exclusive mode of acquiring membership.

***

A. Companies Act, 1956 (1 of 1956), Sections 2(27), 41, 397, 398 and 399 -- Oppression and mismanagement -- Maintainability -- Meaning of “member” -- Respondent invested substantial amounts in company and was appointed Managing Director -- Company accepted and utilised share application money and consistently recognised respondent’s shareholding interest though his name was not entered in the register of members -- Entry in register not sole mode of acquiring membership -- Jurisdiction under Sections 397 and 398 being equitable in character, substantive rights cannot be defeated through technicalities -- Respondent rightly treated as deemed member entitled to maintain petition under Sections 397 and 398 -- Appeals dismissed.

(Paras 20 to 31)

B. Companies Act, 1956 (1 of 1956), Section 41(2) -- Membership -- Agreement in writing and entry in register of members -- Scope -- Requirement introduced by Amendment Act of 1960 intended to ensure reliable proof of consent and prevent fraudulent inclusion of names in register -- Not intended to impose entry in register as sole or exclusive mode of acquiring membership.

(Paras 21)

***

Anticipatory bail -- Fraudulent opening of bank account -- Allegation that accused fraudulently opened bank account in complainant’s name using Aadhaar Card and PAN Card without consent -- Prosecution case resting primarily on documentary evidence -- Custodial interrogation held not necessary -- Accused entitled to anticipatory bail.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 482 --  Indian Penal Code, 1860, Sections 419, 420, 120-B -- Anticipatory bail -- Impersonation and cheating -- Allegation that appellants used complainant’s Aadhaar Card and PAN Card for opening bank account without consent -- Dispute between close relatives and multiple litigations pending between parties -- Prosecution case based mainly on documentary evidence -- Exact role of accused to be determined during trial on appreciation of evidence -- Custodial interrogation not required -- Orders rejecting anticipatory bail set aside -- Appellants directed to be released on anticipatory bail subject to conditions.

(Paras 4-6)

***

Panchayat election -- False declaration -- Concealment of pending criminal case in nomination form amounts to false declaration and valid ground for annulment of election.

***

Panchayat election -- Disqualification -- Six years’ bar from contesting elections under Section 146(2) of H.P. Panchayati Raj Act held neither arbitrary nor disproportionate.

***

Himachal Pradesh Panchayati Raj Act, 1994 (4 of 1994), Sections 122(1)(n), 131, 146(1), 146(2) -- Constitution of India, Articles 14, 21, 226 -- Panchayat election -- False declaration in nomination form -- Concealment of pendency of criminal case -- Election of petitioner as Pardhan earlier set aside on ground of deliberate suppression of criminal antecedents -- Deputy Commissioner thereafter disqualified petitioner for six years under Section 146(2) -- Challenge to constitutional validity of Section 146(2) on ground that punishment was harsh, disproportionate and arbitrary for want of discretion to impose lesser penalty -- Rejected -- Held, disclosure of criminal antecedents in nomination form is mandatory and concealment thereof constitutes false declaration attracting statutory disqualification --  Six years’ disqualification cannot be termed arbitrary or disproportionate as legislative intent is to ensure exclusion of disqualified candidate from at least the next Panchayat election cycle -- Provision enacted to preserve purity, transparency and accountability in electoral process -- Section 146(2) constitutionally valid.

(Paras 11 to 19)

***

Additional documents -- Public documents -- Certified copies of Jamabandi and mutations being public documents do not automatically entitle party to produce same at any stage of proceedings -- Requirement of due diligence must still be satisfied.

***

Code of Civil Procedure, 1908 (5 of 1908), Order 8 Rule 1-A, Section 151 -- Additional documents -- Belated application -- Defendant sought permission to place on record certified copies of Jamabandi for year 1973-74 and mutation Nos.236 and 239 after closure of evidence and at stage of final arguments -- Application did not disclose any reason preventing earlier production of documents -- Documents being public documents were within knowledge and accessible to defendant -- Due diligence neither pleaded nor established -- Belated application rightly rejected.

(Paras 15 to 17)

***

Pleadings -- Material facts and evidence -- Pleadings must contain material facts and not evidence -- Facts constituting proof need not be specifically pleaded.

***

Pleading and proof -- Distinction -- Pleading relates to assertion of material facts constituting cause of action -- Proof relates to evidence led to establish such facts.

***

Oral family arrangement – Validity -- A family arrangement can be entered into even by way of an unregistered oral agreement and such family settlements are enforced by Courts as they are governed by special equity principles.

***

Share certificates relating to land -- Interest in land includes building standing thereon.

***

Pleadings and proof -- Eviction suit -- Plaintiff pleaded herself co-landlord and statutory grounds of eviction -- Evidence regarding family arrangement, share certificates and bona fide requirement adduced during trial -- Material facts sufficiently pleaded and proved -- High Court erred in interfering with concurrent findings on alleged absence of pleadings.

***

Comparative hardship -- Tenant acquired alternative accommodation -- Sale of alternate premises during pendency of suit indicative of attempt to defeat eviction claim -- Greater hardship held in favour of landlord.

***

Co-owner landlord -- Share certificates jointly standing in names of plaintiff and siblings -- Co-owner entitled to receive rent falls within definition of “landlord” under Rent Act -- Competent to maintain eviction proceedings.

***

A. Code of Civil Procedure, 1908 (5 of 1908), Order 6 Rule 1 -- Pleadings -- Order VI Rule 1 of the Code of Civil Procedure states that pleading means ‘Plaint or Written Statement’ -- A plaint is the statement of claim in which the plaintiff sets out his cause of action with all requisite particulars -- A written statement, on the other hand, is the defendant’s response, wherein he deals with each material fact alleged by the plaintiff and sets out any new facts in his favour, together with such objections as he wishes to raise to the claim.

-- The object of pleadings is to assist the Court and the parties in the adjudication of disputes. The intent is to provide fair notice of the opponent’s case, to ascertain with precision the points of agreement and divergence and thereby to bring the parties to definite issues.

-- Accordingly, pleadings of the parties form the foundation of their case as they are the statement of facts in writing drawn up and filed in a Court by each party stating therein what his/her contention shall be at the trial.

Consequently, the requisites of a good and sufficient pleading are that it should contain (1) a statement of facts, not law, (2) material facts only, (3) facts, not evidence and (4) facts stated in a summary form.

(Para 26-31)

B. Code of Civil Procedure, 1908 (5 of 1908), Order 6 Rule 2 -- Relevant facts – Facts in issue -- Every pleading must contain material facts but not the evidence by which those facts are to be proved -- The material facts on which a party relies are called Facta Probanda, i.e. the facts to be proved and they are required to be stated in the pleadings -- The evidence or facts by which Facta Probanda are to be proved are called Facta Probantia and these are not to be included in the pleadings -- Facta Probanda are not the facts in issue rather, they are the relevant facts which, when proved at trial, establish the facts in issue.

-- Though it is settled law that no evidence can be led on a plea not raised in the pleadings and no amount of evidence can cure a defect in pleadings, yet it is equally well settled that facts which are merely evidence of material facts should not themselves be pleaded.

-- Pleading and proof thus represent distinct stages in legal proceedings. Pleading is the formal assertion of material facts with the intent to define the case, whereas proof, by contrast, is the evidence adduced to establish those facts as true.

(Para 32)

C. Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (57 of 1947), Sections 5(3), 13(1)(g), 13(1)(l), 13(2) -- Eviction suit -- Co-owner as landlord -- Appellant averred that she is a co-landlord along with her parents and siblings -- Sought possession on the grounds of bona fide need, relative hardship and the availability of alternative accommodation to the tenants – Appellant adduced evidence by way of affidavit, placing on record the requirements of her family, her own need, the family arrangement and the share certificates -- These documents and averments constituted evidence to establish the material facts pleaded and were not required to be set out in the plaint itself – Held, both the tests of pleading and proof stand satisfied -- Appellant, being the co-owner of the suit building was entitled to receive rent and thus fell squarely within the statutory definition of ‘landlord’ under the Act -- Appellant/ Plaintiff competent to seek eviction.

(Paras 36 to 46)

D. Transfer of Property Act, 1882, Sections 3, 8 -- Share certificates -- Interest in land and building -- Transfer or holding of interest in land includes things attached to earth including building standing thereon -- Share certificates relating to land held sufficient to establish co-ownership of building also.

(Paras 42 to 44)

E. Registration Act, 1908 (16 of 1908), Section 17 – Oral family arrangement -- A family arrangement can be entered into even by way of an unregistered oral agreement and such family settlements are enforced by Courts as they are governed by special equity principles -- Appellant held entitled to rely upon the oral family arrangement/settlement, as deposed in evidence, even in absence of a decree of partition between herself and her siblings, as it represents a subsequent development.

(Paras 48 to 50)

F. Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, Sections 13(1)(g), 13(2) -- Bona fide requirement -- Temporary occupation by landlord of another family flat during pendency of suit not fatal to claim -- Tenant cannot dictate suitability of accommodation to landlord -- Bona fide need of landlord established.

(Paras 51 to 53)

G. Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, Sections 13(1)(g), 13(1)(l), 13(2) -- Comparative hardship -- Tenant having acquired alternate accommodation -- Sale of alternate premises during pendency of suit indicative of attempt to defeat eviction proceedings -- Greater hardship held to be caused to landlord if eviction refused -- Landlord in bona fide need would otherwise be compelled to purchase or secure alternate accommodation – Eviction restored.

(Paras 54 to 61)

***

Will -- Exclusion of natural heirs -- Mere exclusion of wife and children from inheritance not by itself a suspicious circumstance.

***

Order 41 Rule 31 CPC -- Non-framing of proper points for determination by First Appellate Court -- Effect -- Mere technical non-compliance not sufficient to vitiate judgment when Appellate Court has substantially complied with requirements of law by thoroughly considering evidence, rival contentions and recording reasons -- Judgment of First Appellate Court upheld.

***

Affidavit -- Evidentiary value -- Affidavit of attesting witnesses denying execution of Will -- Affidavit not substantive evidence unless deponent subjected to cross-examination in accordance with law.

***

A. Indian Succession Act, 1925 (39 of 1925), Section 63 -- Indian Evidence Act, 1872 (1 of 1872), Section 68 -- Will -- Due execution and attestation -- One attesting witness examined -- Attesting witness specifically deposed that testator executed Will in his presence and both signed in presence of each other -- Requirement of proof of execution duly satisfied -- Concurrent findings upholding genuineness of Will affirmed.

(Paras 27 to 30)

B. Mutation entries -- Effect -- Mutation entries do not confer title and are only for fiscal purposes -- Mere mutation of property in favour of wife and children of deceased not affecting title flowing under validly executed Will.

(Para 31)

C. Indian Succession Act, 1925 (39 of 1925), Section 63 -- Will -- Suspicious circumstances -- Exclusion of natural heirs -- Mere exclusion of wife and children from inheritance not by itself suspicious circumstance -- Testator legally entitled to dispose of property according to his wishes.

(Paras 32 to 34)

D. Code of Civil Procedure, 1908 (5 of 1908), Order 41 Rule 31 -- First Appellate Court -- Non-framing of proper points for determination -- Substantial compliance -- Mere technical non-compliance with Order 41 Rule 31 CPC not sufficient to vitiate judgment where Appellate Court substantially complied with requirements by scrutinising evidence and assigning reasons -- Judgment held not suffering from illegality.

(Para 37)

E. Indian Evidence Act, 1872 (1 of 1872), Section 3 -- Affidavit -- Evidentiary value -- Affidavit not substantive evidence unless deponent available for cross-examination -- Affidavits of attesting witnesses denying execution of Will filed even before filing of written statement and without Court notice -- Such affidavits rightly held unreliable and discarded.

(Para 38)

Circumstantial evidence -- Murder -- Death of wife in matrimonial home -- Medical evidence proving strangulation and not suicide -- Missing ornaments, ligature marks and injury on cheek inconsistent with hanging -- False defence through alleged suicide note -- Failure of husband to explain incriminating circumstances within special knowledge -- Conviction upheld.

***

Motive -- Murder -- Once prosecution establishes complete and unbroken chain of circumstances proving guilt of accused, failure to prove motive is not fatal to prosecution case.

***

A. Indian Penal Code, 1860 (45 of 1860), Sections 302, 201 -- Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Circumstantial evidence -- Complete chain -- Deceased wife found dead inside matrimonial home -- Post-mortem revealing ligature marks around neck, fracture of hyoid bone and trachea and cause of death as asphyxia due to strangulation -- Trial Court and High Court rightly relying upon medical evidence and surrounding circumstances to conclude homicidal death -- Missing left ear-ring, right leg anklet and toe-rings held significant circumstance, as such articles were unlikely to go missing in case of suicidal hanging -- Fresh injury mark on cheek further corroborating prosecution case -- Conduct of accused in taking deceased to another private hospital despite first doctor declaring her dead also found incriminating -- Alleged suicide note not accepted and found to be part of false defence -- Circumstances cumulatively forming complete chain pointing only towards guilt of accused and excluding every hypothesis of innocence -- Conviction under Sections 302 and 201 IPC upheld.

(Paras 16, 18 to 20, 26)

B. Indian Penal Code, 1860 (45 of 1860), Sections 302, 201 -- Indian Evidence Act, 1872 (1 of 1872), Section 106 -- Unnatural death in matrimonial home – Facts within special knowledge -- Burden to explain -- Murder -- Appellant failed to furnish any satisfactory explanation in statement under Section 313 Cr.P.C. regarding circumstances leading to death of deceased -- Failure to discharge burden under Section 106 held to be additional link in chain of circumstances after prosecution established foundational facts.

(Paras 20 to 22)

C. Indian Penal Code, 1860 (45 of 1860), Sections 302, 201 -- Murder -- Circumstantial evidence -- Absence of proof of motive -- Effect -- Once prosecution establishes complete and unbroken chain of circumstances proving guilt of accused, failure to prove motive is not fatal to prosecution case.

(Para 23)

MACT -- Interest -- Rate of interest @ 7.5% per annum is reasonable and in accordance with settled judicial practice.

***

Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicular accident case – Interest – Held, rate of interest @ 7.5% per annum is reasonable and in accordance with settled judicial practice – Appellants held entitled to additional compensation of Rs.2,00,240/- – Enhanced amount directed to be paid with interest @ 7.5% per annum from the date of filing of claim petition till realization.

(Para 7)

Will -- Suspicious circumstances -- Attesting witnesses admitted that testator had not affixed thumb impression in their presence -- Unregistered Will executed three days prior to death of testator -- Natural heir excluded without explanation despite evidence of love and affection -- Space between signatures and heading “attesting witness” also found suspicious -- Will disbelieved.

***

Additional evidence at second appellate stage -- Prayer for comparison of thumb impressions appearing on Will and sale deed -- Rejected -- Plaintiffs failed to exercise due diligence.

***

A. Indian Succession Act, 1925 (39 of 1925), Section 63(c) -- Proof of Will -- Unregistered Will -- Both attesting witnesses admitted in cross-examination that testator had not affixed thumb impression in their presence -- Moreover, there is no evidence to show that they had received personal acknowledgment from the testator qua the marking of the thumb impression of the testator on the Will -- Thus, due execution of the Will has not even been remotely proved.

(Para 12-17)

B. Indian Succession Act, 1925 (39 of 1925), Section 63(c) -- Proof of Will -- Unregistered Will – Suspicious circumstances -- Space between the signatures and the heading “attesting witness” typed was suspicious -- Deceased had love and affection with defendant, yet as per the said alleged Will, nothing has been given to him, who was to succeed to the property in its natural course being closest surviving heir -- Executing an unregistered Will on 17.02.1992 i.e., three days prior to his death which took place on 20.02.1992 is also highly suspicious – Both attesting witnesses admitted that testator had not affixed thumb impression in their presence -- Rendering the Will doubtful.

(Para 11-17)

C. Code of Civil Procedure, 1908 (5 of 1908), Order 41 Rule 27 and Section 151 -- Additional evidence at second appellate stage -- Application seeking comparison of thumb impressions on Will and sale deed -- Plaintiffs failed to exercise due diligence during trial -- Additional evidence held unnecessary, in view of findings regarding non-proof of execution and suspicious circumstances surrounding Will -- Application dismissed.

(Para 22)

Attachment of salary -- Execution -- Judgment debtor disclosed no movable or immovable property except one motorcycle -- Executing Court ordered attachment of 1/3rd of salary of judgment debtor employed as TTE in Railway Department for satisfaction of decree -- Order held in accordance with law.

***

Code of Civil Procedure, 1908, Order 21 Rule 41 and Section 151, Order 9 Rule 13 -- Execution of ex parte money decree -- Attachment of salary -- Decree for recovery of Rs.4,00,000/- -- Judgment debtor disclosed absence of any assets except one motorcycle -- Executing Court rightly exercised power under Order 21 Rule 41 CPC and attached 1/3rd of salary of judgment debtor employed in Railway Department for satisfaction of decretal amount -- Pendency of application under Order 9 Rule 13 CPC held immaterial in absence of any stay against execution proceedings.

(Paras 2 to 4)

MACT -- Assessment of income -- Pensionary benefits -- Widow continued to receive family pension after death of deceased -- Pension drawn by deceased at time of accident forms part of the income for determining compensation and cannot be excluded while assessing loss of dependency.

***

Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor accident claim -- Assessment of income -- Pensionary benefits -- Deceased was earning Rs.32,673/- per month from private employment and was also drawing monthly pension of Rs.5,839/- as retired Head Constable of Border Security Force -- Tribunal and High Court held that as widow continued to receive family pension after death of deceased, no loss on account of pension was proved -- Held, pensionary benefits cannot be excluded or deducted while determining loss of dependency -- Pension drawn by deceased at time of accident forms part of the income -- Total monthly income consequently re-fixed at Rs.38,512/- for determining compensation.

(Para 9, 10)

Bail application -- Scope of jurisdiction -- High Court while deciding bail application issued general directions regarding service of summons and execution of coercive measures, beyond scope of Section 483 BNSS -- Such directions liable to be set aside.

***

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Bail application -- Scope of jurisdiction -- While rejecting bail application, High Court issued directions regarding service of summons and execution of coercive measures -- Jurisdiction under Section 483 confined to grant, refusal or cancellation of bail and conditions incidental thereto -- Such directions beyond scope of bail jurisdiction held unsustainable and liable to be set aside -- However, steps already taken by State authorities permitted to continue independently in accordance with law.

(Paras 2, 5 to 8)

Recruitment -- Appointment of Principal -- Waitlisted candidate -- Recommended for appointment in one college but failed to join -- Fresh recommendation for another college on basis of subsequent vacancy held impermissible -- Appointment contrary to statutory scheme.

***

Recruitment -- Repeal and savings -- Enforcement of new selection statute -- After repeal of old Act, authorities could not revive old select list or issue fresh recommendation under repealed provisions.

***

Locus standi -- Officiating Principal -- Challenge to illegal appointment -- Officiating Principal competent to challenge appointment made contrary to statutory provisions -- Objection regarding locus standi held insignificant where action of authorities was ex facie illegal and without jurisdiction.

***

A. Uttar Pradesh Higher Education Services Commission Act, 1980 (16 of 1980), Sections 12, 13(3), 13(4) and 14 -- Appointment of Principal -- Waitlisted candidate -- Change of posting -- Appellant, a waitlisted candidate, was recommended for appointment as Principal in specific college but did not join on account of personal reasons -- Thereafter sought appointment in another college against subsequent vacancy -- Fresh recommendation in favour of appellant held contrary to statutory scheme and law laid down in Kamlesh Kumar Sharma case, (1998) 3 SCC 45 -- Appointment rightly quashed.

(Paras 18 to 23)

B. Uttar Pradesh Education Service Selection Commission Act, 2023 (15 of 2023), Sections 10, 11 and 31 -- Repeal and savings -- Validity of old select list -- Old Act stood repealed on enforcement of New Act -- Only recommendation already issued under Old Act could survive under saving clause -- Authorities could not revive old select list or issue fresh recommendation under repealed provisions.

(Paras 16 to 24)

C. Constitution of India, Article 226 -- Locus standi -- Officiating Principal -- Challenge to illegal appointment -- Officiating Principal competent to challenge recommendation and appointment made contrary to statutory provisions -- Where action of authorities is ex facie illegal and without jurisdiction, objection regarding locus standi loses significance.

(Paras 27, 28)

MACT -- Pensionary benefits -- Deduction from salary -- Impermissible -- Pension, PF and other retiral benefits cannot be deducted while computing income or loss of earning capacity of victim.

***

MACT -- 78% permanent disability -- Claimant discharged from CRPF service due to injuries -- Pension could not be deducted from salary while computing loss of earning capacity.

***

A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident – Injury case -- Pensionary benefits -- Deduction from salary -- Impermissibility of -- Compensation in case of salaried employee is to be computed on basis of last drawn salary -- Pension and other retiral benefits being statutory/service benefits receivable independent of accidental injury or death cannot be treated as “pecuniary advantage” liable for deduction under Motor Vehicles Act -- Amount receivable towards PF, pension or insurance cannot be deducted while determining income or loss of earning capacity of victim.

(Para 19)

B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident -- Injury case -- 78% permanent disability -- Claimant, a 43-year-old Sub-Inspector in CRPF, discharged from service due to injuries suffered in accident -- Pensionary amount of Rs.15,247/- could not be deducted from salary of Rs.36,231/- while computing loss of earning capacity -- Claimant held entitled to addition of 30% towards future prospects -- Applying multiplier of 14 and disability at 78%, loss of earning capacity assessed at Rs.61,72,028/- -- Further amounts awarded towards pain and suffering, medical expenses, attendant charges, loss of amenities and future medical expenses -- Compensation enhanced to Rs.67,36,084/- -- Enhanced compensation payable with simple interest @ 7% p.a. from date of claim petition till realization.

(Para 21-30)

Senior citizen -- Reversion of property -- Absence of maintenance clause in transfer deed and failure to prove neglect or refusal to maintain -- No ground to declare transfer void.

***

Senior citizen -- Transfer of property -- Family settlement -- Property transferred pursuant to family arrangement and not in consideration of maintenance -- Attempt to seek reversion of property from one child only held unjustified.

***

A. Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007), Section 23 -- Constitution of India, Articles 226/227 -- Reversion of property -- Challenge to order passed by learned Single Judge setting aside order of Tribunal directing son to revert property to senior citizen mother -- Held, twin conditions under Section 23 are required to be fulfilled before transfer can be declared void, namely, existence of condition in transfer deed obligating transferee to maintain senior citizen and proof of failure or refusal to provide such maintenance -- Transfer deed contained no such condition requiring son to maintain appellant-senior citizen -- No evidence was brought before the Tribunal to show that the appellant-senior citizen was not being maintained or the senior citizen did not have means to maintain herself -- Mere fact that son was residing in Austria held insufficient to invoke Section 23, particularly when he was residing abroad even at time of transfer and senior citizen had also stayed with him in Austria while receiving pension from Austrian Government -- Reversion rightly declined.

(Para 8 to 18)

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007), Section 23 -- Family settlement -- Reversion of property -- Property distributed amongst children through family settlement -- One child had already reconveyed property to senior citizen which was thereafter sold by her -- Held, transfer was not made in lieu of maintenance so as to attract provisions of Section 23 of 2007 Act -- Attempt to recover property from one child alone indicative of effort to redistribute property amongst other children -- Reversion rightly declined.

(Para 15, 16)

Lambardar -- Appointment -- Sarbrah Lambardar -- Mere experience as Sarbrah Lambardar does not confer preferential right to appointment -- Choice of Collector upheld -- Writ dismissed.

***

Lambardar -- Appointment -- Sarbrah Lambardar -- Preference to a Sarbrah Lambardar can be granted only where comparative merits of candidates are nearly equal -- Candidate younger in age, possessing larger landholding and recommended by lower revenue authorities rightly preferred for appointment.

***

A. Punjab Land Revenue Act, 1887 (17 of 1887), Section 13, 16 -- Constitution of India, Articles 226/227 -- Appointment of Lambardar -- Challenge to orders of Collector, Commissioner and Financial Commissioner appointing respondent as Lambardar -- Petitioner contended that being a former Sarbrah Lambardar, he was entitled to preference in view of Government notification dated 25.12.2021 -- Held, preference on basis of service as Sarbrah Lambardar cannot override comparative merits of candidates and grant of such preference being akin to hereditary claim already held unconstitutional -- Appointed candidate found younger in age, possessing larger landholding and recommended by lower revenue authorities -- Collector after considering comparative merits appointed respondent as Lambardar -- Choice of Collector not liable to interference unless shown to be perverse or suffering from patent illegality -- No illegality or perversity found in concurrent orders passed by revenue authorities -- Writ petition dismissed.

(Para 6 to 10)

B. Punjab Land Revenue Act, 1887 (17 of 1887), Section 13, 16 -- Appointment of Lambardar -- Sarbrah Lambardar -- Mere experience as Sarbrah Lambardar not decisive -- Preference on such basis can be granted only when comparative merits of candidates are substantially similar -- Appointed candidate found younger in age than petitioner, possessed larger landholding and was recommended by lower revenue authorities -- Appointment upheld.

(Para 7)

Sarpanch -- Removal from office -- Unauthorized occupation of Panchayat land -- Demarcation conducted pursuant to Court order established encroachment by petitioner and his brother over Panchayat Deh land -- Writ dismissed.

***

Haryana Panchayati Raj Act, 1994 (11 of 1994), Sections 51(3), 175(n) -- Constitution of India, Articles 226/227 -- Removal of Sarpanch -- Unauthorized possession of Panchayat land -- Deputy Commissioner removed petitioner from office of Sarpanch on allegation of encroachment over land recorded as Panchayat Deh -- High Court directed demarcation under supervision of SDM in presence of petitioner and stakeholders -- Demarcation report established illegal occupation to extent of 1171 sq. yards by petitioner and his brother -- No merit -- Writ petition dismissed.

(Para 3, 4)

Panch -- Removal from office -- Unauthorized possession of Panchayat land -- Petitioner removed from post of Panch -- Eviction order attained finality as same was never challenged -- Authorities rightly held petitioner disqualified to continue as Panch.

***

Haryana Panchayati Raj Act, 1994 (11 of 1994), Sections 51(3), 175(n) -- Constitution of India, Articles 226/227 -- Removal of Panch -- Unauthorized occupation/ encroachment -- Eviction order passed by Assistant Collector against petitioner regarding Gram Panchayat land -- Once eviction order attained finality and remained unchallenged, competent authority justified in invoking provisions of Sections 51 and 175(n) for removing petitioner from post of Panch -- No ground for interference in writ jurisdiction.

(Paras 5 to 7)

Partition proceedings -- Clubbing of partition proceedings relating to different khewats -- Mere convenience of some co-sharers not sufficient to direct clubbing of khewats having different co-sharers -- Clubbing permissible only with consent of all co-sharers.

***

Punjab Land Revenue Act, 1887 (XVII of 1887), Section 111, 121 -- Partition proceedings -- Clubbing of khewats -- Different co-sharers in different khewats -- Partition proceedings cannot be clubbed unless all co-sharers consent to same -- Clubbing of three khewats, which are subject matter of three separate partition applications, having different co-sharers cannot be permitted unless all the co-sharers in respective khewats agree to the same -- Merely for convenience of the some of the co-sharers, the partition cannot be carried out by directing clubbing of khewats unless all the co-sharers consent to the same.

(Paras 4 to 12)

Lambardar -- Appointment -- Collector found respondent more suitable candidate and appointed him as Lambardar -- Concurrent findings recorded by Collector, Commissioner and Financial Commissioner upheld -- No illegality or perversity found -- Writ petition dismissed.

***

Punjab Land Revenue Act, 1887 (XVII of 1887), Sections 28, 29 -- Punjab Land Revenue Rules, Rules 14 to 16 -- Constitution of India, Article 226 -- Appointment of Lambardar -- Scope of judicial review -- Choice of Collector in matter of appointment of Lambardar should not be lightly interfered with merely because another view is possible -- Interference warranted only in cases of patent illegality or perversity -- Concurrent findings of Collector, Commissioner and Financial Commissioner affirming appointment of respondent as Lambardar -- No illegality or perversity therein -- No ground made out for interference in writ jurisdiction.

(Paras 8 to 10)

Watercourse -- Change of alignment -- Challenge to orders passed by Canal Authorities directing restoration of sanctioned watercourse on common watt (boundary) between lands of parties -- Dismissal of civil suit on account of failure to prove demarcation report does not negate existence of sanctioned watercourse.

***

Punjab Canal and Drainage Act, 2023 (11 of 2023), Section 14(3) -- Constitution of India, Article 226 -- Change in alignment of watercourse -- Scope of judicial review -- Canal Authorities competent to restore alignment of sanctioned watercourse running on common watt between adjoining landowners -- Dismissal of civil suit on account of failure to prove demarcation report does not negate existence of sanctioned watercourse -- Canal Authorities rightly directed demarcation through Local Commission before implementation of alignment -- Direction held fair and in interest of all shareholders to ensure operationalization of watercourse at originally sanctioned site -- Impugned orders upheld.

(Paras 6 to 9)

Writ jurisdiction -- Challenge to notice issued by District Development and Panchayat Officer under provisions of Punjab Panchayati Raj Act, 1994 -- Petitioner relegated to avail statutory remedy by submitting response before competent authority -- Writ petition dismissed.

***

Punjab Panchayati Raj Act, 1994 (9 of 1994), Sections 20, 200 and 208 -- Constitution of India, Article 226 -- Show-cause notice issued by District Development and Panchayat Officer -- Judicial review at preliminary stage -- Scope -- High Court should not entertain writ petitions against notices issued by statutory authorities as a matter of routine -- Party must ordinarily submit reply before competent authority and pursue statutory remedies against adverse order, if any -- Writ petition dismissed, however, leaving it open to the petitioner to avail her other remedies, in accordance with law.

(Para 4-5)

Recruitment -- Eligibility criteria -- Relevant date for acquiring essential qualification -- Candidate must possess prescribed qualification on last date of submission of application -- Acquisition of qualification prior to examination or interview held immaterial.

***

Rajasthan Prosecution Subordinate Service Rules, 1978, Rule 12 -- Recruitment process -- Assistant Prosecution Officer -- Advertisement required candidate to possess Degree in Law -- Respondents had not acquired LL.B. degree on last date of submission of application and were still appearing in final year examination -- Deletion of proviso to Rule 12 permitting final year candidates to apply manifested legislative intent that only candidates possessing requisite qualification on relevant date are eligible -- Press note clarifying eligibility with reference to last date of application held consistent with Rules and advertisement -- High Court erred in permitting ineligible candidates to participate in selection process on ground that qualification was acquired prior to examination -- Eligibility conditions cannot be altered by liberal interpretation to enlarge pool of candidates -- Maxim “aliquid prohibetur ex directo, prohibetur et per obliquum”, what cannot be done directly cannot be permitted to be done indirectly, squarely applies to the case -- Impugned judgments set aside and appeals allowed.

(Para 18 to 26)

Recruitment -- Regular appointment -- Advertisement issued for regular post -- Candidate found suitable and selected through regular selection process -- Appointment of candidate on contractual basis alone, without assigning any reason, held arbitrary and discriminatory.

***

Constitution of India, Articles 14 & 16 -- Appointment -- Regular vacancy -- Advertisement issued for regular appointment of Assistant Professor -- Appellant possessed requisite qualifications and was selected through same selection process as other candidates who were granted regular appointments -- Selection Committee recommended appellant alone for contractual appointment without assigning any reason -- No material on record justifying differential treatment -- Acceptance of the contractual appointment does not estop a challenge to the illegality or irregularity of the selection process -- Denial of regular appointment held patently illegal and discriminatory -- Orders of High Court set aside -- Respondent-Institute directed to appoint appellant on regular basis with continuity of service but without financial benefits.

(Para 12 to 15)

Arbitration agreement -- Incorporation by reference -- Development Agreement containing arbitration clause -- Later Permanent Alternate Accommodation Agreements incorporating all terms and conditions of earlier Development Agreement -- Arbitration clause held binding upon parties to later agreements.

***

Arbitration and Conciliation Act, 1996 (26 of 1996), Sections 7(5), 11 & 21 -- Arbitration agreement -- Incorporation by reference -- Development Agreement containing arbitration clause -- Subsequent Permanent Alternate Accommodation Agreements specifically provided that all terms and conditions of Development Agreement shall form part of later agreements and all clauses thereof shall be binding on parties -- Not a mere reference to earlier agreement but complete incorporation thereof -- High Court erred in holding that there was no arbitration agreement between parties -- Impugned order set aside -- Sole Arbitrator appointed.

(Para 8 to 13)

NCLAT – Appeal without certified copy of impugned order -- Filing of appeal, without even applying for a certified copy of the order, practically meant that there was no filing of an appeal in the eyes of law.

***

Insolvency and Bankruptcy Code, 2016 (31 of 2016), Section 61(2) -- National Company Law Appellate Tribunal Rules, 2016, Rules 14, 15, 22 & 26(2) -- Appeal -- Certified copy of impugned order not filed -- Filing of certified copy under Rule 22(2) is mandatory requirement -- Filing of appeal, without even applying for a certified copy of the order, practically meant that there was no filing of an appeal in the eyes of law -- Appeal refiled after 150 days still suffered from material defects including non-filing of certified copy -- NCLAT erred in condoning delay without examining maintainability and validity of institution of appeal -- Order condoning delay set aside and appeal held liable to be rejected at threshold.

(Para 6 to 11)

***

Lok Adalat award -- Breach of terms of compromise -- Where compromise arrived at before Lok Adalat was allegedly breached, aggrieved party could either seek execution of award or seek revival/fresh adjudication of earlier proceedings -- Simultaneous continuation of execution proceedings and fresh proceedings under Section 12 of DV Act and Section 125 Cr.P.C. held impermissible.

***

Legal Services Authorities Act, 1987 (39 of 1987), Section 21 -- Protection of Women from Domestic Violence Act, 2005 (43 of 2005), Section 12 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 125 – Maintenance -- Lok Adalat award -- Execution proceedings -- Maintainability -- Parties entered into compromise before Lok Adalat whereby husband agreed to pay maintenance of Rs.40,000/- per month to wife and minor daughter -- Subsequently, wife initiated fresh proceedings under Section 12 of DV Act and Section 125 Cr.P.C. and obtained interim maintenance/monetary relief -- Wife thereafter also sought execution of Lok Adalat award for recovery of maintenance amount -- Held, respondents could not simultaneously pursue execution of earlier compromise award and fresh maintenance proceedings founded on same cause -- Execution proceedings quashed -- Petitioner, however, directed to continue compliance of maintenance orders passed in subsequent proceedings.

(Paras 11 to 14)