Criminal Law - Dishonour of Cheque - Negotiable Instruments Act 1881 - Sections 138 and 139 - Expert Analysis of Handwriting - Accused directors of chit fund company facing trial for cheque dishonour under Section 138 NI Act - Complainants specifically alleged in testimony and affidavits that accused wrote the entries and signed the cheques in their presence - Accused filed applications to send cheques for expert analysis to prove entries were not in their handwriting - Judicial First Class Magistrate Court at Taliparamba dismissed applications holding that handwriting is irrelevant once execution is established under Section 139 NI Act - High Court in exercise of Article 227 jurisdiction held that while statutory presumption exists the accused cannot be denied an opportunity to show that a specific factual contention of the complainant regarding the authorship of the entries is wrong - Such evidence strikes at the acceptability and credibility of the complainant case - Held - Impugned orders set aside - Cheques directed to be sent for expert analysis - [Paras 1-9].

Evidence Law - Expert Opinion - Negotiable Instruments Act 1881 - Section 139 - Rebuttal of Presumption - Relevancy of handwriting analysis - Complainant asserted that second accused made entries in the impugned cheque at the establishment of the complainant - Accused sought to show handwritings were not theirs - Trial Court deemed this irrelevant due to presumption of execution - High Court observed that credibility of evidence tendered by the complainant about the execution would be at stake if handwritings are shown not to be of the accused - Accused cannot be denied opportunity to show the complainant contention is wrong - Held - Evidence adduced by complainant would be vitiated for lack of bonafides if handwriting is disproven - [Paras 7-9].

Criminal Law - Procedural Directions - Expert Analysis - Responsibility of Accused - High Court directed Magistrate to take steps for expert analysis - Held - Petitioners/accused shall have responsibility to make available specimen handwritings for the contemporary period - Expenses for such expert analysis shall be met by the accused - If accused fails to provide specimens within reasonable period Trial Court is free to wind up proceedings and decide on available evidence - [Paras 10].

Decision: Original Petitions allowed – Orders dated 11.08.2025 in C.M.P. No. 4344/2025 and 07.08.2025 in C.M.P. No. 4346/2025 set aside – Trial Court directed to send cheques for expert analysis.

Criminal Law - Criminal Reference - Code of Criminal Procedure 1973 - Section 318 - Deaf and dumb accused - Trial Court convicted the respondent for offences under Sections 449 376(AB) 506 IPC and Section 6 POCSO Act - Trial Court did not record the statement of the accused under Section 313 CrPC on the ground that the accused was unable to understand proceedings due to being deaf and dumb - Reference made to the High Court under Section 318 CrPC - High Court observed that the accused had a previous conviction in 2014 for a similar sexual offence where he participated fully without pleading any disability - Medical reports from AIIMS Bhopal and other boards suggested malingering and indicated that the accused could hear with amplification - Accused had signed arrest memos and court order sheets in Hindi - Held - Proper evaluation of the conduct of the accused was not made by the Trial Court - Conviction set aside for the limited purpose of ensuring compliance with Section 313 CrPC - Matter remanded - [Paras 1-37].

Criminal Law - Examination of Accused - Code of Criminal Procedure 1973 - Section 313 - Mandatory Compliance - Accused with alleged disability - High Court emphasized that the provision for recording the statement of the accused is mandatory to ensure a fair trial - Even if an accused is deaf and dumb the court must use interpreters or written questions as per Section 313(5) CrPC - The plea of not understanding proceedings loses its sheen if the accused understands the nature and consequences of the act - Held - Trial Court directed to record the statement of the accused using sign language experts or written examination - If the accused continues to non-cooperate after sufficient opportunity the court may proceed to pronounce judgment - [Paras 31-36].

Evidence Law - Conduct of Accused - Indian Evidence Act 1872 - Section 8 - Malingering - Accused pretended to be deaf and dumb only at the stage of Section 313 CrPC examination - Previous antecedents showed the accused was not a person with disability during an earlier trial for a similar offence - Prosecutrix and witnesses stated the accused could speak and had threatened the victim - Held - Non-disclosure of previous antecedents and faking physical deformity to gain advantage in criminal proceedings disentitles the accused from benefits - A cautious approach is required to balance victim rights and the rights of the accused - [Paras 11-32].

Decision: Reference answered accordingly – Impugned judgment set aside/modified for the purpose of recording the statement of the accused under Section 313 CrPC – Trial Court directed to conclude the process within four months.

Writ Law - Land Reservation - Gujarat Town Planning and Urban Development Act 1976 - Section 20 and 21 - Deemed Lapsing of Reservation - Petitioner owned land in Village Nava Deesa reserved for a Development Plan Road since 1975 - Reservation continued through subsequent revised plans in 1994 and 2016 without any acquisition proceedings being initiated for nearly 50 years - Petitioner served a statutory purchase notice under Section 20(2) on 04-05-2022 - Respondent-Authority contended that the ten-year period for acquisition should be reckoned afresh from the date of the last revision of the Development Plan in 2016 making the notice premature - Court examined the scheme of Sections 20 and 21 - Held - The power of revision under Section 21 is a statutory obligation to be exercised at least once in every ten years - If revision proceedings are not initiated within the prescribed ten-year period and acquisition is not completed the statutory right of the owner under Section 20(2) cannot be defeated by a subsequent untimely revision - Administrative lethargy and indefinite reservation of private property violate the constitutional protection under Article 300A - The chronology revealed that every revision process was initiated beyond the statutory ten-year limit - Reservation declared as lapsed - Held - Petition allowed - [Paras 1-21].

Writ Law - Statutory Interpretation - Gujarat Town Planning and Urban Development Act 1976 - Section 21 - Temporal Limitation on Power of Revision - Respondent argued that every revision under Section 21 gives a fresh lease of ten years for acquisition under Section 20 - Held - Such an interpretation would render Section 20(2) otiose and allow authorities to indefinitely postpone acquisition - The power of revision is conditioned by the temporal limitation of ten years - If revision is not lawfully commenced within the period of ten years from the date the final Development Plan comes into force the right of the owner to serve a purchase notice under Section 20(2) accrues and becomes enforceable - Subsequent initiation of revision proceedings cannot defeat a right that has already accrued to the landowner - [Paras 13-15].

Decision: Petition succeeds and is allowed – Reservation of the Development Plan Road over Revenue Survey Nos. 41 and 42/P4 at Village Nava Deesa is declared to have lapsed – Rule made absolute – Request for stay of judgment by Respondent-Authority refused.

Civil Law - Workman Compensation - Employees' Compensation Act 1923 - Section 2(1)(n) - Employer-Employee Relationship - Appellants challenged the award of compensation to the legal representatives of deceased Murugan who died by drowning while engaged in river sand mining - Appellants contended Murugan was not an employee but was involved in the theft of river sand using a stolen boat - The case was previously remanded by the High Court for fresh consideration on the existence of an employer-employee relationship as the initial finding relied solely on one witness - After remand the Commissioner recorded additional evidence from the son of the deceased and another co-worker whose testimonies corroborated the employment under the appellants - The Commissioner found the oral testimony of the co-workers remained unchallenged in cross-examination - Appellants failed to examine the alleged owner of the stolen boat or provide specific boat details in prior criminal proceedings - Held - The trial before the Commissioner is summary in nature and a finding of employer-employee relationship is based on the preponderance of probabilities rather than proof beyond doubt - Mere absence of documentary evidence does not conclusively disprove employment - The deceased falls within the definition of workman under the Act - Order of the Commissioner warranted no interference - Appeal dismissed - [Paras 1-12].

Civil Law - Evidence - Employees' Compensation Act 1923 - Section 2(1)(n) - Factum of Employment - Absence of documentary evidence - Claimants relied on oral testimony of co-workers and the FIR which mentioned the deceased was mining under the first appellant - Appellants argued that the activity was illegal under the Kerala Protection of River Banks and Regulation of Removal of Sand Act 2001 and thus no employment relationship could exist - Held - Preponderance of probabilities is the standard for proving employment in compensation claims - Consistent and unrebutted oral evidence of co-workers is sufficient to establish the relationship even in the absence of written contracts - [Paras 8-12].

Decision: Appeal dismissed – Order of the Employees' Compensation Commissioner, Kollam dated 25.08.2022 in ECC No. 257 of 2014 stands affirmed.

Criminal Law - Cancellation of Bail - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 - Protection of Children from Sexual Offences Act 2012 - Section 6 - Aggravated penetrative sexual assault - Respondent caretaker of a junior school was accused of taking a three-year-old nursery student to the basement and touching her private part with a finger causing bleeding - Additional Sessions Judge granted regular bail within one week of arrest primarily based on CCTV footage showing respondent exiting the school wing at 08-37 AM and MLC showing no external injuries - High Court observed that the Trial Court failed to appreciate the vulnerability of the child victim who independently identified the culprit and the crime scene - Court noted that the respondent was one of only two male staff members in the wing and CCTV confirmed his presence during the relevant window of 08-13 AM to 08-37 AM - High Court held that the Trial Court ignored the statutory rigours of the POCSO Act and the gravity of the offence involving a tender-aged child - Held - Grant of bail at a premature stage when investigation was in progress and FSL reports were awaited was improper - Impugned order set aside - Petitions allowed - [Paras 1-37].

Evidence Law - Child Witness - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 183 - Credibility of three-year-old victim - Trial Court doubted the version of the victim due to lack of medical corroboration and selective appreciation of electronic evidence - High Court ruled that a child of such tender age cannot be equated with an adult to narrate facts in proper sequence or with time accuracy - Incoherence in a child's speech does not imply falsity - Victim identified the respondent and the specific room where the incident occurred - Held - Version of the victim and her mother cannot be doubted at the bail stage despite lack of findings in blood-stained forensic exhibits - [Paras 29-33].

Criminal Law - Bail Parameters - POCSO Act 2012 - Section 6 - Nature and gravity of offence - High Court emphasized that while appellate courts do not usually interfere with bail orders they must do so if the Trial Court misses extremely important factors in grave offences - Court relied on Supreme Court precedents holding that absence of medical injuries on the body of a minor victim does not negate the nature and gravity of the offence - Held - Trial Court failed to consider the safety of vulnerable victims and the stage of investigation - Order granting bail set aside to secure the ends of justice - [Paras 34-35].

Decision: Petitions allowed – Bail order dated 07.05.2026 set aside – Respondent directed to surrender before the jurisdictional Additional Sessions Judge (POCSO Court) on 01.07.2026 at 2:00 pm.

Criminal Law - Murder for gain - Indian Penal Code 1860 - Sections 449 - 380 - 302 - Appellant being the brother-in-law of the deceased - Trespassed into the first floor of the house while the deceased was alone - Brutally stabbed her to death - Removed 23.5 sovereigns of gold jewelry - mobile phone - cash - and an ATM card - Prosecution relied on circumstantial evidence including witnesses who saw the accused entering and leaving the house carrying a handbag - Recovery of stolen articles was made from an autorickshaw in the accused's possession - Trial Court convicted and sentenced the appellant to life imprisonment - High Court re-appreciated the oral and documentary evidence - Found the chain of circumstances pointing unerringly to the guilt of the accused - Held - Conviction and sentence confirmed - Appeal dismissed - [Paras 1-24].

Evidence Law - Recovery - Indian Evidence Act 1872 - Section 27 - Recovery of stolen gold ornaments and mobile phone pursuant to a voluntary disclosure statement made by the accused - Defense challenged the recovery proceedings because one attesting witness was treated as partly hostile - High Court observed that the testimony of a partly hostile witness cannot be discarded in its entirety when it substantially supports the prosecution and is corroborated by other evidence - Identifying the recovered jewels as belonging to the deceased by the husband (PW10) and sister (PW1) strengthened the case - Held - Recovery proved strictly in accordance with law - [Paras 4.6 - 5.2 - 10 - 16 - 20].

Evidence Law - Presumption - Indian Evidence Act 1872 - Section 114 Illustration (a) - Recent possession of stolen property in murder for gain cases - Accused found in possession of stolen gold ornaments belonging to the deceased shortly after the murder - No satisfactory explanation offered for such possession - Principle of law established that when theft and murder form part of the same transaction - the presumption extends to the offence of murder - Held - Where the accused is found in possession of articles belonging to the deceased soon after a murder for gain and fails to explain the same - the Court can legitimately infer that the accused committed both the theft and the murder - [Paras 12 - 16 - 17 - 21 - 22].

Evidence Law - Circumstantial Evidence - Last Seen Together - Indian Evidence Act 1872 - Section 3 - Witnesses (PW3 - PW4 - PW5 - PW6 - PW11 - PW15) consistently testified to seeing the accused entering the house through the ground floor and exiting shortly before the discovery of the dead body - Fingerprint and footprint expert reports placed the accused at the scene of the occurrence - Minor procedural irregularities in the forwarding of prints to the laboratory do not vitiate the scientific evidence - Held - Cumulative effect of last seen evidence - recovery - and expert reports forms a complete chain excluding every hypothesis consistent with innocence - [Paras 9 - 14 - 15 - 20].

Decision: Appeal dismissed – Conviction and sentence under Sections 449, 380 and 302 IPC affirmed – Remuneration of Rs. 25,000/- directed to be paid to the Legal Aid Counsel by the High Court Legal Services Committee.

Writ Law - Medical Termination of Pregnancy - Constitution of India - Articles 21 and 226 - Minor rape victim - 15-year-old petitioner seeking termination of pregnancy at 26-28 weeks gestation - Petitioner victim of sexual assault - AIIMS Medical Board report confirming continuation of pregnancy likely to cause adverse psychological impact - Medical Board declared petitioner fit for procedure - State raising no objection to termination - MTP Act 1971 limiting termination to 24 weeks - Petitioner invoking Right to Life under Article 21 - Court observed that extraordinary jurisdiction of Constitutional Courts can be invoked where statutory remedies are unavailable particularly in cases of rape and grave mental injury - Held - Right to make decisions concerning one's body is an integral facet of personal liberty and privacy - Continuation of unwanted pregnancy resulting from rape causes grave trauma both mentally and physically - Termination of pregnancy allowed despite exceeding statutory limits - [Paras 1-14].

Writ Law - Reproductive Autonomy - Constitution of India - Article 21 - Decisional Autonomy - Choice of pregnant woman over interest of unborn child - Court held that no court should compel a minor child to carry a pregnancy to full term against her express will - Such compulsion disregards decisional autonomy and inflicts irreversible consequences - Reproductive choice is a fundamental right - Held - The woman herself is best placed to evaluate personal circumstances - Lack of statutory remedy under the MTP Act does not bar constitutional relief - Decisional autonomy and bodily integrity are integral facets of fundamental rights - [Paras 11.1-13].

Decision: Petition allowed - Petitioner permitted to undergo medical termination of pregnancy at AIIMS New Delhi - AIIMS directed to preserve foetal tissue for DNA testing required for the registered criminal case - State (GNCTD) directed to bear all medical and post-operative expenses - Specific directions issued for neonatal care in case of live birth and subsequent adoption procedure - [Paras 14-16].

Writ Law - Termination of Law Officers - Constitution of India - Articles 14 and 226 - Orissa Law Officers Rules 1971 - Rule 6 - Petitioners were appointed as Law Officers for Ganjam district vide notification dated 08.01.2024 - State Government subsequently amended Rule 6 on 05.08.2025 empowering the government to terminate any law officer before the expiry of the three-year tenure - Impugned notifications dated 24.12.2025 terminated petitioners with immediate effect and appointed a fresh set of Law Officers - Petitioners alleged violation of natural justice and arbitrariness due to lack of show-cause notice and fixed tenure - State contended that appointments were explicitly until further orders and the amended Rule 6 permitted such termination - Court found that the appointment order clearly stipulated that engagement was until further orders and was subject to the State's discretionary direction - Held - Petitioners have no vested right to continue for the full term of three years when the appointment is conditional and Rule 6 allows termination before expiry of tenure - [Paras 1-6.7].

Writ Law - Nature of Professional Engagement - Constitution of India - Article 14 - Orissa Law Officers Rules 1971 - Advocate-Client Relationship - Court examined the status of Law Officers vis-a-vis statutory public offices - Relying on Johri Mal and Rakesh Kumar Keshari judgments the Court observed that the engagement of Government Counsel is primarily a matter of trust and confidence between the State and its chosen advocate - Court noted that Rule 34 vests administrative control with the District Collector but the rules are procedural and do not confer statutory status under Article 309 - Held - A Law Officer does not hold a statutory public office and the relationship is purely that of advocate and client arising out of professional engagement - State is entitled to select its own counsel and no formal notice is required prior to termination - [Paras 4.8-6.6].

Decision: Writ petitions dismissed – No interference with the termination and fresh appointment of Law Officers found necessary.

Civil Law - Rejection of Plaint - Code of Civil Procedure 1908 - Order VII Rule 11(a) and (d) - Suit for partition and separate possession - Plaintiffs claimed suit property was joint family property despite a registered partition deed executed in 2010 - Plaintiff No. 1 was an executant of said deed and a consenting witness to subsequent mortgage deeds in favor of a bank - Property was allotted to Defendant No. 2 who later sold it to Defendant No. 1 - Bank initiated SARFAESI proceedings following loan default - Plaintiffs alleged fraud and misrepresentation in the execution of the 2010 deed but failed to seek a prayer for cancellation or declaration of the deed as void - Trial Court rejected the plaint - High Court held that when a plaintiff is a party to a registered instrument he must specifically pray for its cancellation to maintain a suit - Vague allegations of fraud without particulars required under Order VI Rule 4 CPC do not disclose a valid cause of action - Held - Plaint was rightly rejected as it failed to disclose a cause of action and constituted sham litigation designed to protract proceedings - [Paras 1-14, 22-24].

Civil Law - Limitation - Limitation Act 1963 - Article 59 - Suit for cancellation of instrument - Registered partition deed executed on 22.09.2010 - Suit for partition filed in 2025 - Under Article 59 the limitation period to challenge a registered instrument is three years from the date the facts become known - Plaintiff No. 1 being an executant who signed before the Sub-Registrar had immediate knowledge of the instrument - Filing the suit after fifteen years is ex-facie barred by limitation - Held - Suit is barred by law of limitation - [Paras 15, 19-21].

Civil Law - Bar of Jurisdiction - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 - Section 34 - Jurisdiction of Civil Court - Plaintiffs sought reliefs that would effectively nullify mortgage and enforcement proceedings - Court observed that Section 34 expressly bars Civil Court jurisdiction over matters within the domain of the Debts Recovery Tribunal - Held - Plaint cannot be maintained where it indirectly challenges statutory proceedings under the SARFAESI Act - [Paras 13, 16].

Decision: Appeal dismissed – Order of the Trial Court rejecting the plaint under Order VII Rule 11 (a) and (d) CPC is upheld – No order as to costs.