Civil Law - Government Premises - Bombay Government Premises (Eviction) Act 1955 - Section 4 - Unauthorized subletting - Petitioner challenged eviction proceedings alleging the eviction order exceeded the grounds stated in the show-cause notice and violated principles of natural justice - High Court observed that the charge of illegal subletting was common to both the notice and the final order - Held - An eviction order founded on multiple grounds is not vitiated if one of the grounds is valid and independently sufficient to sustain the order - Petitioner failed to show cause against the notice and failed to bring the alleged reply on record before the Trial Court - Petition dismissed - [Paras 18-22].

Writ Law - Supervisory Jurisdiction - Constitution of India - Article 227 - Scope of interference - High Court's role under Article 227 is limited to correcting grave derelictions of duty or flagrant abuse of law - Court cannot act as a Court of first appeal to re-appreciate evidence or re-weigh facts - Held - Impugned order of the Trial Court was well-reasoned and based on correct appreciation of evidence - No grounds for interference - [Paras 17-20].

Evidence Law - Principles of Natural Justice - Opportunity to show cause - Petitioner claimed denial of hearing while failing to respond to substantive allegations in the notice - Held - Failure to avail of the opportunity to reply to a show-cause notice precludes a party from claiming violation of natural justice - [Paras 18-21].

Decision: Petition dismissed – Impugned judgment and order of the Trial Court upheld – Rule discharged.

Civil Law - Labour Law - Industrial Disputes Act 1947 - Sections 10 and 11A - Illegal termination - Employer dismissed employees without inquiry and in violation of natural justice - Labour Court declared terminations illegal and awarded compensation - Employer challenged award of compensation in High Court and deposited funds as condition for stay - Employees subsequently abandoned claims for reinstatement and back wages to accept deposited compensation - Held - Findings of illegal termination upheld - [Paras 11-13].

Civil Law - Insolvency and Bankruptcy Code 2016 - Sections 14 and 31 - Corporate Insolvency Resolution Process - Clean Slate Principle - Applicability to crystallized debts - Where awards attained finality prior to initiation of CIRP and funds were deposited in Court pursuant to judicial order - Held - Such deposits represent crystallized entitlements of workmen and do not constitute assets of the corporate debtor subject to extinguishment under a resolution plan - Distinction drawn between pending claims and pre-existing judicial awards - [Paras 17-23].

Civil Law - Civil Procedure Code 1908 - Section 151 - Withdrawal of deposits - Court directed that amounts deposited in court during pendency of litigation to secure employee interests are not corporate assets reachable by a resolution applicant - Employees permitted to withdraw deposited amounts with accrued interest in full and final settlement of claims - [Paras 24-25].

Decision: Petitions disposed of – Awards of the Labour Court affirmed – Employees permitted to withdraw deposited amounts with accrued interest – Application for stay of operative order rejected.

Writ Law - Habeas Corpus - Constitution of India - Article 21 and Article 226 - Petitioner filed writ petition seeking production and immediate release of detainee who continued to be held in custody despite acquittal in G.R. Case No. 1647 of 2025 - Allegations raised regarding sexual abuse and custodial rape by a police constable during the period of 2020-2022 - High Court noting the fundamental right to liberty under Article 21 questioned the legal authority for continued detention post-acquittal - Court directed for an independent inquiry by the Secretary DLSA Hazaribagh and instructed the Superintendent of Police Hazaribagh to initiate proceedings against the accused official - Secretary Home Government of Jharkhand ordered to appear personally to explain the legality of continued detention - Held - Matter adjourned for further hearing on 05/10/2026 with specific directions for reports to be filed in sealed cover - [Paras 1-22].

Criminal Law - Custodial Rights - Constitution of India - Article 21 - Right to Liberty - Detainee alleged to be languishing in a detention centre despite having been acquitted of criminal charges - Court observed that personal liberty cannot be deprived without the authority of law - Held - State directed to justify the legal basis for continued incarceration and address serious allegations of custodial violence - [Paras 14-19].

Decision: Matter adjourned to 05/10/2026 as the first case - Secretary Home Government of Jharkhand directed to remain physically present - Reports from DLSA and S.P. Hazaribagh ordered to be placed in sealed cover.

Civil Law - Arbitration - Arbitration and Conciliation Act 1996 - Section 9 - Interim protection - Applicant sought injunction against release of Hindi film Drishyam 3 claiming infringement of copyright acquired via 2013 and 2014 agreements - Respondents contended that applicant had assigned relevant rights to third parties through subsequent settlement and assignment agreements - Court found that the subsistence of the applicant's alleged exclusive or joint copyright was seriously disputed by the production of subsequent contractual documents - Held - Applicant failed to establish a prima facie case of subsisting enforceable right requiring immediate interim protection - Application dismissed - [Paras 10-16].

Civil Law - Copyright - Copyright Act 1957 - Section 62 - Infringement - Claim of joint ownership of Hindi remake rights - Respondents proved that the right to produce the Hindi sequel was based on valid assignments and subsequent settlement agreements acknowledged by the parties - Court held that in the face of competing contractual claims and documentation casting doubt on the applicant's title, a sweeping injunction against the film's release cannot be granted at the interlocutory stage - Held - No clear material placed to justify restraint - Application dismissed - [Paras 12-15].

Decision: Original application dismissed for lack of prima facie case and failure to establish clear subsisting copyright ownership at the interlocutory stage.

IBC - Insolvency and Bankruptcy - Insolvency and Bankruptcy Code 2016 - Section 31 - Extinguishment of claims - Petitioner underwent Corporate Insolvency Resolution Process and resolution plan was approved on 11 August 2023 - GST authorities issued demand notices in 2025 and 2026 for tax liabilities pertaining to Financial Year 2021-22 - No claim was lodged by authorities during insolvency process - Court held that statutory dues not forming part of approved resolution plan stand extinguished and authorities lack jurisdiction to initiate or continue any proceedings - Held - Impugned notices and orders quashed - [Paras 1-32].

Writ Law - Jurisdiction - Central Goods and Services Tax Act 2017 - Section 73 - Doctrine of fresh slate - Authorities contended that adjudication is distinct from recovery and permissible under CGST Act - Court held that once resolution plan is approved the successful applicant takes over business on a fresh slate - Any attempt to initiate adjudication proceedings for pre-approval claims acts as a roadblock to the implementation of the plan and is barred by Section 31 of the IBC - Held - Respondents lacked authority to initiate proceedings - [Paras 10-21].

Writ Law - Maintainability - Alternative remedy - Availability of appellate remedy under Section 107 of CGST Act - Court held that when an authority acts wholly without jurisdiction or in defiance of binding law and when facts are admitted the presence of an appellate remedy is not an absolute bar to exercising writ jurisdiction - Relied on Whirlpool Corporation v. Registrar of Trade Marks - Held - Writ petition maintainable - [Para 24].

Decision: Writ Petition allowed – Impugned Show Cause-cum-Demand Notice dated 26 September 2025, Order-in-Original dated 29 December 2025, and notice dated 13 January 2026 quashed and set aside.

Writ Law - Maintainability of Writ Petition - Central Goods and Services Tax Act 2017 - Section 107 - Petitioner challenged confiscation order passed under Section 130 of the CGST Act alleging violation of natural justice and Rule 138B of the CGST Rules - Court found that the adjudicating authority had followed remand directions, supplied necessary documents, and provided personal hearing opportunities - Held - No exceptional circumstances such as breach of fundamental rights or lack of jurisdiction exist to bypass the alternative efficacious statutory remedy provided under Section 107 - Writ petition dismissed - [Paras 7-9].

Civil Law - Alternative Statutory Remedy - Central Goods and Services Tax Act 2017 - Section 107 - Grievance regarding non-supply of Relied Upon Documents (RUDs) and dissatisfaction with the adjudicatory reasoning - Court held that such matters fall squarely within the appellate framework and do not justify invoking extraordinary jurisdiction under Article 226 of the Constitution of India - Held - Petitioner relegated to pursue statutory appeal - [Paras 10-11].

Writ Law - Principles of Natural Justice - Central Goods and Services Tax Act 2017 - Rule 138B - Physical verification of conveyance - Petitioner alleged officer lacked jurisdiction and violated Rule 138B - Court upon examination of records found physical verification was carried out by a proper officer authorised by the Commissioner and that procedural due process was followed - Held - Contention of procedural illegality rejected - [Paras 7-7.1].

Decision: Writ petition dismissed – Petitioner relegated to the alternative statutory remedy of filing an appeal before the appellate authority under Section 107 of the CGST Act.

Writ Law - Look Out Circular - Constitution of India - Article 21 - Right to travel - Petitioner bank sought review of order cancelling LOC issued against guarantor of a corporate entity - Bank argued that pending potential bankruptcy proceedings and guarantor status justified continued restriction - Court held that a loan default without allegations of fraud does not justify the infringement of the fundamental right to travel under Article 21 - LOCs cannot be issued by banks without statutory backing - No error apparent on the face of the record found - Review dismissed - [Paras 8-19].

Civil Law - Review Jurisdiction - Code of Civil Procedure 1908 - Order XLVII Rule 1 - Scope of review - Petitioner attempted to re-argue the case on merits by introducing facts available but not presented during original hearing - Court held that review is not an appeal in disguise and new arguments do not constitute discovery of new facts - Held - Review petition devoid of merit - [Paras 8-19].

Constitutional Law - Right to travel - Article 21 - Executive power - LOC issued by bank requisition - Court held that a letter from a bank manager to the Bureau of Immigration does not constitute law and cannot restrict the fundamental right to travel - Only a valid legislation can impose such restrictions - Held - The right to travel cannot be curtailed solely to compel the repayment of a civil debt - [Paras 17-18].

Decision: Review Petition dismissed – Original order directing revocation of the Look Out Circular upheld.

Criminal Law - Immoral Traffic - Immoral Traffic (Prevention) Act 1956 - Sections 3, 4, 5 and 6 - Applicant-accused convicted for running a brothel - Contention raised that victim being an illegal immigrant rendered the prosecution unsustainable - Held - The status of a victim as an illegal immigrant does not mitigate the criminality of the perpetrator nor serve as a license for exploitation - The object of PITA is to punish perpetrators and not to shame victims - The immigration label does not extinguish the dignity or protection due to a victim of trafficking - [Paras 10-12].

Criminal Law - Procedural Law - Immoral Traffic (Prevention) Act 1956 - Sections 13 and 14 - Special Police Officer - Authorization of investigation - Applicant challenged conviction on grounds that the Investigating Officer (IO) was not a Special Police Officer and lacked proper authorization - Held - The authorization order at Exhibit-28 specifically empowered the IO to act under proviso (iii) of Section 14 of PITA due to urgency and risk of destruction of evidence - The statutory requirement for authorization by the Special Police Officer was fully satisfied - [Paras 15-16].

Evidence Law - Witness Credibility - Interested Witnesses - NGO volunteers - Prosecution relied upon witnesses associated with an NGO and a local panch - Contention that NGO workers are interested witnesses and independent witnesses were not examined - Held - In cases of raids on brothels, independent witnesses from the neighborhood are often unavailable - Testimony of volunteers and panch witnesses cannot be discarded merely on suspicion or their association with rescue operations - [Paras 13-14].

Criminal Law - Revisional Jurisdiction - Code of Criminal Procedure 1973 - Section 397 and 401 - Concurrent findings of fact - Trial Court and Appellate Court recorded concurrent findings of guilt - Held - Re-appreciation of evidence is not permitted in revisional jurisdiction where courts below have not committed any perversity or miscarriage of justice - Revision application dismissed - [Paras 23-24].

Decision: Criminal Revision Application dismissed – Rule discharged – Bail bond and surety canceled – Applicant granted 4 weeks to surrender.

Criminal Law - Quashing of Proceedings - Indian Penal Code 1860 - Sections 323, 376, 504 and 506 - Information Technology Act 2000 - Section 67(A) - Applicant sought quashing of criminal case alleging rape on false promise of marriage - Prosecution alleged accused concealed prior marriage and exploited victim via non-consensual sexual acts and threats - Court found evidence established a long-standing consensual relationship rather than sexual assault - Evidence indicated victim was aware of applicant's marital status and voluntarily entered relationship - Absence of proof regarding initial mala fide intent to deceive or lack of intent to marry at inception - Held - Proceedings constituted abuse of process of court and were liable to be quashed - [Paras 19-47].

Criminal Law - Rape - Indian Penal Code 1860 - Section 376 - Consent - Section 90 - Misconception of fact - False promise of marriage - Distinction between rape and consensual sex - Mere breach of promise to marry without proof of initial mala fide intent to deceive for sexual gratification does not amount to rape - Held - Relationship must be evaluated based on duration, conduct of parties, and absence of protest - Where relationship is voluntary and based on mutual affection, subsequent souring of relations does not retrospectively criminalize prior sexual acts - [Paras 20-38].

Evidence Law - Appreciation of Evidence - Criminal Procedure Code 1973 - Section 161 and 164 - Admissibility - Reliability of prosecutrix statement - Court held that statement of victim of sexual assault is not to be treated as gospel truth and must be tested on the anvil of probability and corroborating material - Held - Evidence including WhatsApp chats and photographs established consent and negated allegations of coercion or ignorance of the accused's marital status - [Paras 27-40].

Decision: Application allowed – Charge-sheet dated 18/07/2020 and all proceedings of Criminal Case No. 11358 of 2020 pending before the 3rd Additional Chief Judicial Magistrate, Varanasi, are hereby quashed.