Criminal Law - Quashing of summoning order - Code of Criminal Procedure 1973 - Section 482 - Indian Penal Code 1860 - Sections 323, 494, 498A, 504 and 506 - Dowry Prohibition Act 1961 - Sections 3 and 4 - Complainant-wife filed complaint alleging dowry harassment, physical assault and bigamy by husband and in-laws after police submitted final report - Magistrate summoned applicants under Sections 494, 498A, 323, 504, 506 IPC and Sections 3/4 Dowry Prohibition Act - High Court held that sufficient prima facie evidence existed against the husband for bigamy and against all applicants for cruelty and dowry demands, but general and omnibus allegations against the in-laws regarding bigamy without proof of active participation or overt acts could not sustain prosecution under Section 494 IPC - Held - application partly allowed - summoning order under Section 494 IPC against in-laws quashed - summoning order under Sections 498A, 323, 504, 506 IPC and Sections 3/4 Dowry Prohibition Act against all applicants and under Section 494 IPC against husband upheld - [Paras 1-40].

Criminal Law - Bigamy - Indian Penal Code 1860 - Section 494 - Essential ingredients - Prosecution of relatives for bigamy - Complainant alleged in-laws conspired and assisted in second marriage - Mother of complainant made general statements without assigning specific overt acts or active involvement - Held - mere knowledge or general allegations without concrete proof of active participation or facilitation in second marriage ceremony is insufficient to rope in family members under Section 494 IPC - [Paras 25-28, 34-35].

Criminal Law - Cruelty and Dowry Demands - Indian Penal Code 1860 - Section 498A - Dowry Prohibition Act 1961 - Sections 3 and 4 - Specific allegations of physical and mental harassment - Complainant, her sister and mother consistently deposed regarding persistent demands for scooter and cash along with physical assault - Held - prima facie material exists showing specific acts of cruelty against applicants justifying continuation of proceedings under Section 498A IPC and Dowry Prohibition Act - [Paras 30-32, 36].

Decision: Application partly allowed – Impugned summoning order under Section 494 IPC against the in-laws/relatives quashed – Summoning order under Sections 498A, 323, 504, 506 IPC and Sections 3/4 Dowry Prohibition Act against all applicants and under Section 494 IPC against the husband upheld – Trial court directed to expedite and conclude the trial within one year.

Civil Law - Specific Performance - Code of Civil Procedure 1908 - Section 35 - Award of costs - Appellant-defendant challenged trial court judgment awarding costs and advocate fees calculated on total plaint valuation of fourteen lakh thirty-five thousand rupees instead of decreed amount of six lakh rupees where specific performance was declined due to minor's right and alternative relief of refund of advance was granted - Trial court awarded full court fees and advocate fees - High Court held that costs can only be awarded proportionately on the actually decreed sum of six lakh rupees and not on the entire plaint valuation - Held - appeal allowed and trial court directed to modify decree restricting costs to proportionate amount on six lakh rupees - [Paras 1-10].

Civil Law - Advocate Fee - Civil Rules of Practice - Applicability of amended rules - Rules regarding advocate fees amended with effect from June 19 2012 explicitly providing applicability to pending matters - Appellant contended fee should be calculated based on rates prior to amendment when suit was filed in January 2012 - Held - amended rules apply to all matters pending on or filed on or after publication date - [Paras 8].

Decision: Appeal allowed - Trial court directed to modify the decree by restricting costs to the proportionate amount on six lakh rupees.

Civil Law - Motor Accident - Motor Vehicles Act 1988 - Section 166 - Quantum of compensation - APSRTC preferred appeal against Tribunal award granting Rs 5 75 000/- with 9% interest for death of 7-year-old child in bus accident - Tribunal relied on Lata Wadhwa judgment fixing notional income at Rs 30 000/- per annum - High Court found evidence of eyewitness and police records established negligence of bus driver while transport corporation failed to substantiate contributory negligence of auto driver - Held - compensation awarded by Tribunal is just and reasonable - appeal dismissed - [Paras 1-13].

Evidence Law - Oral Evidence - Motor Vehicles Act 1988 - Section 166 - Appreciation of evidence - Mother examined as PW1 and eyewitness examined as PW2 proved rash and negligent driving of bus driver - Bus driver examined as RW1 merely reiterated counter averments without rebutting claimants evidence - Held - Tribunal justified in accepting eyewitness testimony and police records - [Paras 6-10].

Decision: Appeal dismissed – Impugned award of compensation upheld – No order as to costs – Pending applications closed.

Criminal Law - Cruelty by husband and relatives - Indian Penal Code 1860 - Section 498A - Dowry Prohibition Act 1961 - Sections 3 and 4 - Marriage solemnized with extensive gifts and cash - Subsequent demands for additional dowry of rupees two lakhs and physical assault leading to eviction of the complainant-wife - Trial Court convicted the husband and other co-accused relatives under Section 498A IPC and Sections 3/4 D.P. Act - Appellate Court set aside the conviction of the husband under Section 498A IPC while upholding his conviction under Sections 3/4 D.P. Act and acquitted the other co-accused relatives - High Court held that the appellate court erred in acquitting the husband under Section 498A IPC despite clinching oral testimony of the complainant and her relatives proving physical and mental cruelty - Held - appellate court judgment set aside to the extent of acquittal under Section 498A IPC and trial court conviction under Section 498A IPC restored against the husband - husband revision dismissed and wife revision partly allowed - [Paras 4-25].

Criminal Law - Acquittal of relatives - Indian Penal Code 1860 - Section 498A - Dowry Prohibition Act 1961 - Sections 3 and 4 - Sister-in-law and brother-in-law residing separately and long married prior to the incident - No specific or satisfactory evidence regarding their involvement or receipt of dowry - Held - appellate court fully justified in acquitting the distant relatives who were roped in merely due to matrimonial discord - [Paras 22-23].

Decision: Criminal Revision No. 23 of 2017 partly allowed and Criminal Revision No. 1465 of 2016 dismissed – Trial Court conviction and sentence of the petitioner-husband under Section 498A IPC restored – Appellate Court acquittal under Section 498A IPC set aside – Trial court records to be remitted.

Writ Law - Foreign Contribution Regulation - Foreign Contribution (Regulation) Act 2010 - Sections 12 and 16 - Petitioner public charitable trust challenged orders rejecting renewal of FCRA registration and dismissal of revision - Authorities relied on Intelligence Bureau report alleging fund transfers to another NGO which allegedly supported protests against Vizhinjam Seaport - Single Judge noted impugned orders were cryptic and lacked reasons - Intelligence report contained no sensitive material justifying confidentiality and showed no direct financial trail between petitioner and protestors - Peaceful protest is a constitutionally protected right under Article 19(1)(a) and cannot be termed an undesirable purpose under Section 12(4)(a)(vi) - Held - Impugned orders are arbitrary and illegal - Writ petition allowed and respondents directed to reconsider renewal application while permitting petitioner to utilize existing funds - [Paras 1-34].

Administrative Law - Principles of Natural Justice - Foreign Contribution (Regulation) Act 2010 - Section 16 - Recording and communicating reasons - Competent authority rejected renewal application by merely citing statutory provisions without assigning reasons - Held - Reasons are the heartbeat of every conclusion and the statutory scheme mandates communication of reasons for rejection of renewal applications - [Paras 12-19].

Constitutional Law - Fundamental Rights - Constitution of India 1950 - Articles 19(1)(a) and 19(1)(c) - Right to protest - Authorities characterized funding of organizations associated with persons participating in Vizhinjam port protests as undesirable activity - Held - Peaceful protest and dissent are integral facets of freedom of speech and expression and cannot be branded as undesirable purposes or against public interest without legal prohibition or public injury - [Paras 30-32].

Constitutional Law - Judicial Review - Foreign Contribution (Regulation) Act 2010 - Section 12 - National security claims - Government claimed privilege and confidentiality over Intelligence Bureau report regarding FCRA renewal refusal - Held - State must plead and prove through cogent material that non-disclosure is in the interest of national security and courts must verify whether intelligence reports contain sensitive material warranting secrecy - [Paras 22-26].

Decision: Writ petition allowed - Impugned orders rejecting renewal of FCRA registration set aside - Competent respondent directed to pass fresh orders within three months - Petitioner permitted to utilize existing foreign contribution funds lying in utilization account pending fresh orders.

Criminal Law - Murder - Indian Penal Code 1860 - Section 302 - Appellant convicted for murdering his lover by hitting her with a beer bottle and boulder and cutting her throat - Trial Court convicted the accused under Section 302 IPC sentencing him to life imprisonment - High Court evaluated testimonies of eyewitnesses and motive evidence establishing that the accused suspected the fidelity of the deceased - Minor discrepancies regarding names in documents held to be immaterial - Supreme Court and High Court concurrent findings affirmed - Held - Prosecution successfully proved guilt beyond reasonable doubt - Appeal dismissed - [Paras 1-24].

Criminal Law - Eyewitness testimony - Indian Evidence Act 1872 - Section 3 - Credibility - Eyewitness saw the accused and deceased parking the moped and proceeding towards the bridge where the attack took place - Other witnesses heard screams and saw the accused fleeing from the scene - Held - Eyewitness accounts are consistent and inspire confidence - [Paras 17-21].

Criminal Law - Motive - Indian Penal Code 1860 - Section 302 - Suspicion of fidelity - Evidence established that the accused and deceased were in a relationship and the accused developed deep suspicion regarding the fidelity of the deceased - Held - Motive clearly established indicating premeditated intent to eliminate the deceased - [Paras 18-20].

Decision: Criminal appeal dismissed – Judgment of conviction and sentence passed in Sessions Case No. 279 of 2016 dated 03/12/2018 confirmed – Appellant directed to surrender forthwith to serve the remaining period of sentence with set-off under Section 428 CrPC.

Civil Law - Code of Civil Procedure 1908 - Section 41 - Second Regular Appeal against decreeing suit for possession and permanent injunction filed by father-in-law against daughter-in-law - Trial Court and First Appellate Court held plaintiff to be exclusive owner of suit property and revoked permissive license of defendants - High Court held that no substantial question of law arose as findings of fact regarding ownership and revocation of license were concurrent and unimpeachable - Held - Second appeal not maintainable on questions of fact - appeal dismissed - [Paras 1-57].

Civil Law - Shared Household - Protection of Women from Domestic Violence Act 2005 - Sections 2, 17 and 19 - Right of residence of daughter-in-law in father-in-law's self-acquired property - Appellant claiming right of residence as shared household and protection against eviction under Section 17(2) - High Court relying on Supreme Court precedents held that civil suit for eviction is maintainable and not barred by D.V. Act, provided due process of law is followed - Held - appellant having alternative accommodation in her own name from which she draws rental income cannot claim right of continued residence in self-acquired property of father-in-law after revocation of license - [Paras 47-54].

Evidence Law - Unrebutted testimony - Indian Evidence Act 1872 - Section 3 - Proof of alternate property - Plaintiff father-in-law deposed that he purchased another residential house in the name of the appellant daughter-in-law to resolve family disputes and that she was letting it out to tenants - Appellant failed to cross-examine the plaintiff on this aspect - Held - testimony remained unrebutted and conclusively established availability of alternative accommodation - [Paras 52-53].

Civil Law - Ownership of Immovable Property - Transfer of Property Act 1882 - Section 54 - Challenge to un-registered General Power of Attorney - Appellant contending that plaintiff could not claim ownership on basis of un-registered GPA and Agreement to Sell - High Court held that appellant's contention is self-contradictory as her claim of right of residence necessarily presupposes that the property belongs to the plaintiff - Held - challenge to ownership by licensee is untenable - [Paras 39-44].

Decision: Appeal dismissed – Concurrent judgments and decrees of eviction and injunction passed by the lower courts affirmed – Pending applications disposed of.

Criminal Law - Sexual harassment - Indian Penal Code 1860 - Section 354A - Appeal against acquittal - Trial Court acquitted the respondent-accused for offences under Section 354A IPC and Section 10 POCSO Act citing minor discrepancies in evidence and non-investigation of local complaints against the prosecutrix - High Court reappreciated evidence finding that the prosecutrix remained consistent regarding stalking and unwanted physical contact of the accused touching her cheeks - Held - Trial Court conclusions were erroneous - acquittal reversed - respondent-accused convicted under Section 354A(1)(i) IPC - [Paras 1-47].

Criminal Law - Age determination and POCSO Act - Protection of Children from Sexual Offences Act 2012 - Section 10 - Minority of prosecutrix not proved - Prosecution relied on birth certificate registered thirteen years after birth without supporting register entries or mandatory SDM orders - Held - POCSO Act provisions cannot be invoked when age is not satisfactorily established - [Paras 11, 16, 21].

Criminal Law - Evaluation of evidence and defective investigation - Code of Criminal Procedure 1973 - Section 378 - Minor discrepancies in arrest time or place of recording complaint do not vitiate core prosecution case - Failure of investigating officer to probe irrelevant local complaints regarding clothing and lifestyle does not provide ground for acquittal - Held - Defective investigation by itself cannot override credible ocular testimony - [Paras 23-34].

Criminal Law - Propriety of cross-examination and victim dignity - Indian Evidence Act 1872 - Sections 146, 151 and 152 - Irrelevant questions concerning victim attire and religion - Trial courts must not permit cross-examination to be used for character assassination or moral judgment based on clothing - Held - A woman's choice of attire is her personal choice and never a justification for unlawful conduct - [Paras 35-41, 48].

Decision: Appeal allowed - Acquittal set aside - Respondent-accused convicted under Section 354A(1)(i) IPC - Matter posted for hearing on sentence under Section 235(2) CrPC - Copy of judgment directed to be circulated to all Principal District and Sessions Judges in Delhi and Delhi Judicial Academy.

Writ Law - Inam Lands - Andhra Pradesh Andhra Area Inam Abolition and Conversion into Ryotwari Act 1956 - Sections 2, 2A and 3 - Petitioner sought determination of nature of inam lands under Title Deed No 1254 in Rushikonda Agraharam Village - Primary Tribunal declared lands as inam lands in an inam village and not held by any institution - Appellate authority set aside the order in an appeal filed by the Tahsildar - High Court observed that the appellate order contained direct conclusions without any discussion, consideration of documents, perusal of material on record or reasoning - Held - appellate order suffering from lack of discussion and reasoning cannot be sustained and is liable to be set aside with a remand for fresh adjudication - [Paras 12-18].

Civil Law - Jurisdiction and Appellate Procedure - Andhra Pradesh Andhra Area Inam Abolition and Conversion into Ryotwari Act 1956 - Section 3 - Appellate authority failing to consider rival submissions and documents - Parties raising complex contentions regarding the effect of the Estates Abolition Act 1948 and previous High Court judgments - Held - appellate authority must afford reasonable opportunity of hearing, examine records, and pass a reasoned order on merits - [Paras 17-18].

Decision: Writ petition disposed of – Impugned appellate order set aside – Matter remanded to the appellate authority for fresh disposal within four months with a direction to afford opportunity to all parties and maintain interim status quo.