Criminal Law – Bail – Suppression of Material Facts – Article 21 Constitution of India – Sections 379-B(2), 34 IPC – Section 439 Cr.P.C. – Bail application before Sessions Court during pendency in High Court – Suppression of material facts regarding pending bail application – Held: Suppression not material for determination of bail, right to liberty under Article 21 prioritized – Bail granted on merits by Sessions Court upheld – Petitioners burdened with costs for misconduct instead of cancellation of bail – Guidelines issued to prevent similar occurrences. [Paras 1-44]

Guidelines to Prevent Misuse – Legal Safeguards – Verification by Sessions Judges from official High Court website for pending bail applications – Mandatory disclosure in bail applications regarding similar pending applications – Director Prosecution to instruct Public Prosecutors to provide necessary information – Compliance with High Court instructions emphasized. [Paras 1-45]

Decision – Dismissal with Costs – Bail applications granted by Sessions Court upheld – Present petitions dismissed with costs of Rs. 10,000/- each on petitioners for suppression of facts – Costs to be deposited with the Chief Judicial Magistrate concerned within two months, to be directed to the Punjab Legal Services Authority – Directions issued for systemic safeguards. [Paras 42-44]

Hindu Succession Act - Interpretation of Will – Regular Second Appeal – Will construction requires complete reading to understand testator’s intent – No explicit restriction in will on wife’s right to alienate property during her lifetime – Contingent provision for property succession after wife's death without intestate succession becomes redundant if wife executes her own will – Appeal for declaration of ownership rights based on limited estate claim dismissed – Full ownership conferred to wife by testator. [Paras 1-18]

Will Construction – Analysis – Held – Normal rule of will construction mandates reading entire will to discern testator’s intent – Specific recital for limited estate/life interest and alienation restriction absent in the will – Wife’s right to alienate property not restricted, full ownership inferred – Harmonious construction of will clauses necessary – Contingent provisions post wife's intestate death irrelevant if wife wills the property during her lifetime. [Paras 12-14]

Decision – Dismissal of Appeal – Appeal dismissed confirming wife’s full ownership as per will – Contingent provisions on succession after wife's death do not imply limited estate if testator did not restrict alienation – All pending applications disposed. [Paras 16-19]

Financial Law – One Time Settlement (OTS) – Extension of Time – Section 13(2) SARFAESI Act – Article 226 Constitution of India – Petitioner sought extension for payment of balance OTS amount – Respondent-Bank refused extension citing non-discretionary nature of OTS scheme – Held: High Court has jurisdiction to extend OTS period in equitable jurisdiction under Article 226 – Guidelines from previous cases considered – Extension granted to petitioner. [Paras 1-95]

OTS Agreement and Payment – Non-payment within Time – Petitioner paid 80% of OTS amount by stipulated date, sought extension for remaining 20% – Bank's refusal on non-discretionary scheme grounds – Court noted substantial payment made and petitioner's bona fide efforts – Extension justified to avoid undue hardship. [Paras 20-50]

Legal Precedent – Actus Curiae NeminemGravabit – Court cited maxim that court delays should not prejudice any party – Consideration of petitioner's compliance with substantial payment and effects of COVID-19 pandemic on financial situation – Extension granted to complete payment. [Paras 70-83]

Decision – Extension of Time Granted – Petition allowed – Bank's rejection letter set aside – Petitioner given 6 weeks to pay balance with interest – Respondent-Bank directed to intimate interest amount payable – Non-payment within extended time leads to dismissal of petition. [Paras 93-95]

Family Law - Divorce on Grounds of Cruelty and Desertion – Appeal – Family Court dismissed husband's petition for nullity and divorce – Husband alleged cruelty and desertion – Court finds marriage irretrievably broken – Parties living separately for over 10 years – Continuous separation presumed as broken marriage – Appellant's petition under Section 9 of the Hindu Marriage Act allowed ex parte – Counter FIR by wife against husband and family members – Cruelty inferred from wife's unfounded allegations and actions affecting husband's career – Appeal allowed, divorce granted. [Paras 1-27]

Marriage Breakdown – Analysis – Held – Once parties have separated for a sufficient length of time, irreparable breakdown is presumed – Court should endeavor to reconcile, but if breakdown is irreparable, divorce should not be withheld – Preservation of unworkable marriage causes greater misery – In cases of cruelty, divorce should be granted to end mental and emotional agony. [Paras 11-26]

Decision – Decree of Divorce Granted – High Court sets aside Family Court’s decision – Marriage declared irretrievably broken – Parties’ separation for over a decade and continuous legal battles indicate no possibility of reconciliation – Decree of divorce granted. [Paras 27]

Compassionate Appointment - Maintenance of In-Laws – Petition under Article 226 challenging order to pay 25% of gross salary as maintenance – Petitioner granted compassionate appointment as Lady Constable upon undertaking to maintain her deceased husband's parents – Petitioner remarried and contested maintenance obligation citing personal financial responsibilities – Held, compassionate appointment obtained on condition of maintaining in-laws – Re-marriage and personal responsibilities irrelevant – Petition dismissed. [Paras 1-12]

Legal Obligation from Undertaking – Analysis – Petitioner bound by undertaking to maintain deceased husband's parents as part of compassionate appointment terms – Employment and benefits obtained due to death of her husband, imposing moral and legal duty to maintain in-laws – Rejection of arguments citing personal financial needs and other sources of income for in-laws – Obligation upheld despite in-laws’ possession of property or other sons. [Paras 6-9]

Judicial Precedents – Emphasis on the importance of adhering to undertakings given for compassionate appointments – Reference to principles of justice and equity ensuring in-laws’ maintenance at a standard reflecting the petitioner’s salary level – Provision for future enhancement of maintenance based on increased salary. [Paras 8-11]

Decision – Dismissal of Petition – Petition found devoid of merit, dismissed – Official respondents directed to review maintenance amount after five years for potential increase based on petitioner's salary – Petitioner's obligation to maintain in-laws reaffirmed. [Paras 10-12]

Service Law - Cut-off Date for Eligibility - Appeals – Haryana Civil Service (Executive Branch) – Eligibility determined based on 01.11.2018 as cut-off date – Single Bench's interpretation extending cut-off date to 12.07.2019 found incorrect – Rule 9(1)(a)(iii) clearly specifies eligibility based on age and service requirements as of 01.11.2018 – Decision upheld, list of 16 candidates sent on 12.07.2019 not valid – Appeals against Single Bench judgment dismissed except for one where decision to charge-sheet was post cut-off date. [Paras 1-45]

Interpretation of Rules – Eligibility Criteria – Analysis – Held – Plain reading of Rule 9(1)(a)(iii) indicates age and service to be assessed as of 1st November preceding the submission date – Rule cannot be interpreted to allow for changing cut-off dates post facto – Any deviation from set rules would be contrary to statutory provisions. [Paras 34-45]

Decision – Validity of Cut-off Date – Appeals dismissed, confirming 01.11.2018 as the cut-off date for eligibility under Rule 9(1)(a)(iii) – Any consideration post this date, including disciplinary actions contemplated after 01.11.2018, invalidates the nomination – Appeals regarding these criteria found without merit, except for one instance where charge-sheet contemplation was post cut-off date. [Paras 46-47]

Motor Vehicles Act - Liability in Road Accidents – Appeal challenging the apportionment of liability by the Tribunal – Accident involving an Innova car and a tanker – Tribunal held insurer of the Innova car fully liable – Held, liability should be apportioned between insurers of both vehicles – Rule of strict liability applied – Compensation split with 70% to the tanker’s insurer and 30% to the Innova car’s insurer – Tribunal's order modified accordingly. [Paras 1-27]

Strict Liability Under Motor Vehicles Act – Analysis – Tortious liability for accidents traditionally based on driver negligence – Indian Motor Vehicles Act shifts from negligence to strict liability based on vehicle default – Liability is attached to the vehicle's use, independent of driver negligence – Claimants only need to prove the vehicle’s default, not driver’s fault. [Paras 9-13]

Apportionment of Liability – Evidence Consideration – Negligence of the tanker driver established by eyewitness testimony – Absence of contributory negligence by Innova driver – Innova’s insurer still shares liability due to vehicle’s default – Apportionment at 70% for tanker’s insurer and 30% for Innova’s insurer justified. [Paras 17, 23]

Judicial Precedents – Reference to Supreme Court and High Court judgments supporting liability without proof of negligence – Tribunal's reliance on outdated principles corrected – Modern statutory interpretation of Motor Vehicles Act applied. [Paras 9, 11]

Decision – Appeal Partly Allowed – Tribunal’s award modified – 70% liability to the tanker’s insurer and 30% to the Innova car’s insurer – Cross objections by claimants withdrawn – Apportionment modification without impact on awarded compensation. [Paras 23, 27]

Land Acquisition - Assessment of Market Value - Enhancement - Landowners entitled to highest market value - State of Haryana produced several sale deeds for acquired land - Court found sale deed No. 11511 (dated 10.01.2006) reflecting highest price - Developers purchasing land for residential colonies - Market value increased by 9% per annum - Landowners entitled to enhanced compensation. [Paras 7.9, 8.1]

Market Value Determination - Use of Sale Exemplars - Analysis - Court focused on highest price sale exemplar, rejecting average or lower-value sales - Sale deed No. 11511 used for assessing market value - Reflects developers' interest and higher land value trends - Market value of Rs. 42,51,000/- per acre determined after considering price escalation. [Paras 6.2.3, 7.4, 8.1]

Errors in Reference Court's Assessment - Held - Reference Court's use of average sale price and development deductions found incorrect - Highest sale price should determine market value - Development deductions not justified for undeveloped land sale instances. [Paras 6.2.2, 6.2.4]

Decision - Enhanced Compensation Awarded - Appeals allowed - Market value reassessed at Rs. 42,51,000/- per acre - Landowners entitled to enhanced amount with statutory benefits under amended Land Acquisition Act, 1894. [Para 8.2]

Family Law - Divorce on Grounds of Cruelty – Appeal – Family Court granted divorce to the husband on grounds of cruelty – Wife appealed, challenging the admissibility of electronic evidence and findings of cruelty – High Court upheld Family Court's decision – Held, Family Courts have wide discretion under Section 14 of the Family Courts Act, 1984, to admit evidence deemed necessary for resolving disputes – Certificate under Section 65B was filed – Electronic evidence taken on record correctly – Wife’s behavior of publicizing husband as a womanizer and drunkard, and her intrusive calls to his workplace amounted to cruelty – Divorce upheld – Husband directed to pay Rs. 50 lakhs as permanent alimony. [Paras 1-31]

Admissibility of Electronic Evidence – Analysis – Held – Section 14 of Family Courts Act grants Family Courts discretion to admit any evidence necessary to resolve disputes, even if not admissible under the Indian Evidence Act – Electronic evidence accompanied by a certificate under Section 65B is admissible – High Court found no procedural fault in the admission of CD, transcripts, and text messages. [Paras 18-23]

Decision – Evidence Supporting Cruelty – Family Court's findings of cruelty supported by evidence including testimony of the husband, his colleague, and his son – Wife’s actions had a significant impact on husband's reputation and professional life – High Court affirmed the divorce decree – Husband ordered to pay permanent alimony. [Paras 24-30]