Arbitration – Section 8 Referral – Prima Facie Standard – Alleged Forgery of Arbitration Agreement – Commercial Court exceeded jurisdiction by undertaking detailed evidence review – Allegations of fraud/forgery in contracts between parties do not bar arbitration – Formal validity under Section 7 satisfied – Substantive validity to be examined by Arbitral Tribunal under Section 16 – Appeal allowed, suit dismissed, parties referred to arbitration [Paras 56, 60–71, 72–74].

Arbitration Law – Section 8 Referral – Scope of Prima Facie Review – Limits of Judicial Scrutiny – Held that Courts at the referral stage may only examine the prima facie existence and formal validity of an arbitration agreement – The Commercial Court conducted a “mini-trial” and exceeded its jurisdiction by deeply analysing evidence and circumstances, contrary to Vidya Drolia, Cox & Kings, SBP & Co., and Re: Interplay – Referral courts must filter only “deadwood” or ex facie non-arbitrable matters; all other issues must be left to the Arbitral Tribunal [Paras 49–54, 63–66].

Arbitration Agreement – Allegations of Forgery/Fraud – Arbitrability – Allegations of forgery of signatures on the MOU do not, by themselves, render the dispute non-arbitrable – In line with K. Mangayarkarasi, Vidya Drolia, and Pravin Electricals, disputes involving fraud/forgery arising out of commercial relationships remain arbitrable – The necessity of expert evidence strengthens the case for arbitration rather than exclusion of arbitral jurisdiction [Paras 56–58, 60–62, 68–69, 72–73].

Arbitration Agreement – Requirement of Signature – Formal Validity under Section 7 – Section 7 requires only that an arbitration agreement be in writing; signature is not a mandatory requirement – Glencore International v. Shree Ganesh Metals applied – Clear intention to arbitrate can be inferred from written documents and conduct – Therefore, denial of signature could not justify refusal of reference [Paras 58–59, 71].

Competence-Competence – Section 16 – Substantive Validity to be Determined by the Arbitral Tribunal – Determining whether the MOU was forged requires substantive findings, expert evidence and cross-examination – As per Re: Interplay and Cox & Kings, such matters fall squarely within the Arbitral Tribunal’s jurisdiction and cannot be adjudicated at the referral stage [Paras 53, 65–67].

Section 8(2) Compliance – Production of Original Arbitration Agreement – Non-production of the original/certified copy of the MOU is a triable issue and does not defeat arbitration – Objections under Section 8(2) are procedural and fall within the Arbitral Tribunal’s domain under Section 16 – Exemption application filed; issue cannot bar referral [Para 70].

Non-Signatory and Group of Companies Doctrine – Commercial Court erred in holding that the defendant partnership firm was not a party to the MOU and hence could not be referred to arbitration – Cox & Kings clarified that non-signatories may still be bound based on conduct, intention and group of companies doctrine – Hyper-technical objections cannot defeat arbitration [Para 71].

Appeal – Section 37 – Interference Justified – Commercial Court’s refusal was unsustainable as it travelled beyond the permissible prima facie scope under Section 8 – The dispute is not ex facie non-arbitrable; Civil Court’s jurisdiction stood ousted by a valid written arbitration clause requiring deeper inquiry by Arbitral Tribunal [Paras 72–74].

Decision – Impugned order dated 28.08.2024 set aside – Application under Section 8 allowed – Parties referred to arbitration – Civil Suit dismissed as not maintainable – Liberty to initiate appointment of Arbitral Tribunal as per the Act [Para 74–75].

Public Service Commission – Scaling of Marks – Validity of Scaling Formula in Exams with Optional Papers – RPSC adopted scaling method in optional subjects of competitive exam for Forest Services after finding wide subject-wise variation in difficulty index and mean marks – Appellants contended that scaling was not authorized under the 1962 and 2015 Rules and yielded arbitrary and absurd results – Held: Scaling necessary to ensure uniformity and fairness in evaluation when different optional subjects are involved – Expert Committee analyzed statistical data before recommending scaling formula – No arbitrariness or mala fides found in process – Scaling limited only to optional subjects and not applied to compulsory ones [Paras 1–4, 11–13, 31, 36].

Recruitment Rules – Interpretation of “Marks Obtained” – Scaled Marks vs. Raw Marks – Petitioners argued that scaling violated Rule 29 of the 2015 Rules, which prohibits re-evaluation – Court held that “marks obtained” includes scaled marks and scaling is distinct from re-evaluation – Scaling is part of the evaluation process and is not barred by the Rules – Application of scaling found to be within the implied powers of the Commission [Paras 32–34].

Precedent – Consistency of Judicial View – Stare Decisis – Court reaffirmed settled position in Jai Singh, Chandu Parihar, and Mahesh Kumar Khandelwal that scaling in exams involving optional subjects is valid – Rejected appellants’ reliance on Sanjay Singh case, holding it inapplicable since it pertained to exams with only compulsory subjects – Held: No change in facts or law to justify deviation from consistent precedent upholding scaling [Paras 26–28, 37–38].

Constitutional Law – Article 14 – Equality and Fairness in Competitive Examinations – Without scaling, candidates choosing difficult subjects would be unfairly disadvantaged – Scaling ensures uniformity across subjects of differing difficulty levels – Held: Use of scaling promotes objectivity, fairness, and does not violate Article 14 – No arbitrariness or unequal treatment established [Paras 29–30, 40].

Decision: Appeals dismissed – Judgment of learned Single Judge upheld – Scaling formula adopted by RPSC found to be fair, rational, and legally sustainable – No costs imposed – Pending applications disposed [Paras 39–41].

Civil Writ - Temple Management – Online Darshan – Hybrid System – Petitioners sought restoration of online booking facility for darshan at Guruvayoor Temple citing hardships to elderly and differently-abled devotees – Managing Committee cited practical difficulties including ritual unpredictability and past conflicts between online and offline devotees – Held: Online mode cannot be ruled out altogether – Court directed introduction of at least two online-only darshan days per week [Paras 3-6, 12-15, 29, 30, 36, 40(F)]

Constitutional Law – Right to Worship – Temple Queue System – Petitioners contended that the absence of regulated queue systems violates the dignity and spiritual purpose of darshan – Court held that the Devaswom Committee is duty-bound under Section 10 of the Guruvayoor Devaswom Act to ensure proper facilities and order – Mandated scientific study of temple’s carrying capacity and implementation of systematic grouping of devotees with assigned time slots [Paras 4-5, 17, 31-36, 40(A)-(D)]

Administrative Law – Duty of Public Authorities – Crowd Management – In light of repeated complaints, Court held that temple authorities failed to address logistical and civic concerns – Directed formation of a multi-departmental coordination committee and creation of a real-time digital monitoring system for queue progress – Emphasised use of mobile applications and digital displays to inform and guide devotees [Paras 22-28, 37-39, 40(E), (L)]

Welfare of Devotees – Fundamental Religious Rights – Citing scriptures including Bhagavad Gita and Srimad Bhagavatam, Court emphasised the sacred obligation to protect interests and dignity of pilgrims – Noted that no devotee should leave with grievance – Directed construction of air-cooled waiting halls, provision of water, shade, restrooms, and priority darshan for senior citizens and other special categories [Paras 18-20, 32, 33, 40(G), (K)]

Devaswom Committee – Compliance and Training – Court underscored the obligation of temple staff to uphold decorum and devotee dignity – Directed regular staff training and monitoring – Mandated report on action plan within two months from receipt of judgment [Paras 14, 32, 40(I)-(J)]

Taxation Law - Sales Tax – Trademark – Assignment of Intangible Asset – Situs of Trademark – Transaction Held as Export – Not Taxable Under State Sales Tax Law – Brand Acquisition Agreement transferring ownership of registered trademark ‘Crocin’ from Indian company to UK-based entity executed in London – Held: Trademark, being an intangible asset, follows owner’s situs – Application of principle of mobilia sequuntur personam – Since assignee is based in UK, assignment deemed as sale in course of export under Section 5(1) of CST Act – State not entitled to levy local sales tax under BST Act [Paras 36–38, 45]

Indirect Taxation – Central Sales Tax Act – Section 5(1) – Meaning of Export – No Physical Movement Required for Intangibles – Intangible Asset May ‘Move’ Juridically With Owner – Court held that the word “goods” under CST Act includes intangibles – Movement of such asset not necessarily physical – Deeming fiction applies when trademark assigned to foreign entity – Assignment amounts to export even without physical translocation across borders [Paras 30–31, 38, 41]

Intellectual Property – Assignment of Trademark – Registration Not Mandatory for Valid Transfer – Legal Title Transfers Upon Execution – Relying on Sun Pharmaceuticals and Parksons Cartamundi, Court held that assignment is complete upon execution; registration with Registrar of Trademarks not prerequisite for validity – Ownership passes immediately upon assignment even if registration occurs later [Paras 18(c), 44]

Sales Tax – Situs of Trademark – Registration Location Irrelevant – Ownership Determines Jurisdiction – Tribunal erred in treating location of trademark registration (India) as determinant of situs – Held: For intangible property, situs is determined by owner’s location – Decision of Tribunal overturned [Paras 17, 36–37, 43]

Constitutional Law – Article 286 – Bar on State Taxation of Export Sales – CST Act to Be Harmoniously Construed with Constitutional Scheme – Court emphasized that CST Act (Sections 3–5) must be interpreted in line with Article 286 – State barred from taxing sales in course of export – Harmonious construction of provisions ensures consistency in treatment of tangibles and intangibles under tax laws [Paras 30–31, 32–35]

Decision: Reference answered in favour of Applicant – Assignment of trademark ‘Crocin’ deemed to be in course of export under Section 5(1) of CST Act – Not a local sale within State of Maharashtra – Not liable to 4% sales tax under BST Act – Sales Tax Reference No. 9 of 2012 disposed of accordingly. [Paras 45–46]

Criminal Law - Forgery – Wills – Civil Dispute Converted into Criminal Case – Criminal complaint filed alleging will dated 17.3.2015 is forged and used to claim property – Discharge sought on ground that genuineness of both wills (dated 17.3.2015 and 11.1.2017) already sub judice in civil suit filed in 2017 – FIR filed in 2019 as retaliatory measure – Held: Allegations raise disputed questions of title and ownership – No prima facie case under Sections 419, 420, 467, 468 or 120-B IPC – Continuation of proceedings would amount to abuse of process [Paras 5, 8, 14, 21–26]

Criminal Revision – Discharge – Jurisdiction under Section 397 CrPC – Trial court refused discharge – High Court held that when allegations are entirely civil in nature and issues are pending adjudication in civil court, criminal prosecution must not proceed – Reliance placed on Sanjay Kumar Rai v. State of U.P. and Urmila Devi v. Balram – Power to discharge should be exercised to prevent misuse of criminal process [Paras 18, 19, 25]

Misuse of Criminal Law – FIR Against Deceased Person – FIR lodged against one Shamsher Singh who had died months prior to the complaint – Court held this indicated malice and misuse of process – Further strengthens case for discharge [Para 24]

Probate and Will Dispute – No Final Adjudication – Probate petition for will dated 17.3.2015 was dismissed in default and not on merits – Pending civil suit to determine genuineness of rival wills – Until civil court decides validity, treating will as forged is premature [Paras 13, 22]

Decision: Revision allowed – Impugned order dated 6.1.2025 set aside – Revisionists discharged from proceedings – Trial against co-accused Sushil Narula to continue as per law [Paras 26–27]

Accident Claim - Motor Vehicles Act – Driving Licence – Statutory Grace Period – Expired licence remains valid for 30 days under proviso to Section 14 – Licence expired on 04.06.2001; accident on 04.07.2001 within grace period – Driver legally licensed – No breach of policy conditions – Insurer not entitled to recovery rights – Tribunal’s award upheld [Paras 3–6].

Motor Vehicles Act – Section 14 Proviso – Effect of expiry of driving licence – Statutory extension of validity – Held: Proviso explicitly provides that a driving licence continues to remain effective for 30 days from the date of expiry – Licence of driver expired on 04.06.2001; statutory grace period ran from 05.06.2001 to 04.07.2001 – Accident at 10:45 AM on 04.07.2001 fell squarely within grace period – Licence deemed valid at time of accident [Paras 3–4].

Insurance Law – Breach of Policy Conditions – Absence of valid licence – Insurer’s plea rejected – Renewal made after accident irrelevant as licence had statutory efficacy on accident date – No willful breach attributable to insured – Recovery rights cannot be granted to insurer [Paras 2–4, 6].

Interpretation – Computation of statutory period – Section 9, General Clauses Act – Counting of days – Grace period begins the day after expiry – 30th day falls on 04.07.2001 – Court affirms correct computation and applicability of grace period [Paras 3–4].

Precedent – Proviso to Section 14 consistently interpreted – Court relies on:

(a) State of Haryana & Anr. v. Karkor & Ors. (P&H, 24.05.2018) – licence valid during statutory grace period; insurer not entitled to recovery rights;

(b) Oriental Insurance Co. Ltd. v. Santosh Kumari, 2018 (4) ADJ 527 (Allahabad HC) – expired licence continues to be effective for 30 days and insurer cannot allege breach during this period –

Held: Same view applies; Tribunal’s findings correct; no reason for appellate interference [Para 5].

MACT Appeal – Scope of interference – Tribunal correctly fastened liability upon insurer – No infirmity in findings – Appeal devoid of merit – Dismissed [Paras 1–2, 6–7].

Decision: Appeal dismissed – Award dated 04.01.2003 of the Motor Accident Claims Tribunal, Jind affirmed – Driver’s licence deemed valid on date of accident due to statutory 30-day extension under proviso to Section 14 MV Act; consequently, no breach of policy conditions – Insurer not entitled to recovery rights – Pending applications also disposed of [Paras 6–8].

Family Law – Custody of Minor Children – Split Custody – Welfare of Child Paramount – Preference of Minor Considered – Family Court granted custody of elder daughter to mother and younger son to father – Appellant-mother sought custody of both children to restore sibling bond – Held: Both parents are educated and financially stable; minor son (aged 11) has lived with father and paternal grandmother for 7 years and expressed genuine, independent desire to continue in same environment – No indication of coaching or adverse conditions – Court found no compelling reason to alter settled custody arrangement, especially where change could disrupt child’s emotional equilibrium and academic stability [Paras 1–3, 6–7, 15–17].

Child Custody – Preference of Child – Emotional Bonding and Continuity – Court interacted with both siblings – Son displayed strong attachment to father and grandmother and showed comfort in present routine – Although emotional bond with sister existed, frequent interaction was minimal due to years of separation – Court observed absence of hostility but also absence of shared day-to-day life – Held: Disruption of established bond with current caregiver not warranted solely to reunite siblings [Paras 6–9, 15–16].

Custody Jurisprudence – Allegations Between Parents Not Determinative – Welfare Principle Supersedes Fault-Based Arguments – Appellant cited father’s alleged misconduct, alcohol use, and discriminatory parenting – Family Court found such allegations either unproven or not materially affecting welfare of minor son – Court reiterated settled principle that child custody determination must transcend mutual recriminations between parties and focus only on child’s best interest [Paras 10.4, 13–14, 17].

Visitation Rights – Parental Cooperation Essential – Possibility of Future Modification Not Barred – Court upheld existing arrangement but emphasized that child welfare is dynamic – Directed both parties to maintain cordial interaction and ensure continuity in sibling relationship through visitation – Liberty granted to approach competent court for modification upon substantial change in circumstances [Paras 19–21].

Decision: Appeal dismissed – Impugned order dated 18.09.2023 upheld – Custody of minor son to remain with father and minor daughter with mother – Existing visitation rights of mother to continue – No costs [Paras 19–21].

Criminal Law – Murder – Last Seen Theory – Conviction Based on Circumstantial Evidence – Govind last seen alive with accused Ashok Kumar and his two accomplices (identified later as Gore @ Ujagar Singh and Ramdas) on 9.4.1983 at 8:30 PM – Dead body recovered on 10.4.1983 at 2 PM – Post-mortem confirmed death by strangulation around 11 PM on 9.4.1983 – Held: Narrow time gap between last seen and death established a strong presumption under Section 106 Evidence Act – Accused failed to offer any explanation – Chain of circumstances complete and consistent with guilt of accused [Paras 62–69].

Evidence – Recovery of Property – Tractor and Trolley – Tractor No. URB-7911 recovered from Tabarak Ali to whom it was sold by Akil Ahmed in presence of accused Ashok Kumar – Trolley recovered from Sonipat – Accused failed to explain how tractor reached Akil Ahmed – Presence of Ashok Kumar at sale established nexus with misappropriation – Recovery of bricks loaded on tractor from house of Ramdas – Though not stolen property, concealment showed intent to erase trail – Held: Recovery further corroborates involvement of accused in post-murder conduct [Paras 58, 59, 61(ix–xii), 61(xiv–xix)].

Identification Evidence – Delay in Test Identification Parade – Defence claimed identification unreliable due to delay and single witness identification – Court held: TIP not substantive evidence but corroborative – Parade conducted with due precautions and delay not fatal in absence of cross-examination of IO or Magistrate – Identification in court by PW-1 and PW-2 supported TIP – Held: Identification of accused Gore and Ramdas legally sustainable [Paras 65–74].

Criminal Trial – Appreciation of Evidence – FIR and Delay – FIR registered on 15.4.1983 though written complaint given on 12.4.1983 – Court found delay justified due to informant’s genuine search for son and subsequent identification of dead body – No suggestion of false implication – Conviction upheld [Paras 61(iv–v), 61(xxi–xxii), 74].

Criminal Law – Section 106 Evidence Act – Accused Failed to Explain Circumstances of Departure from Company of Deceased – Tractor and bricks traced to their knowledge and presence – Non-explanation by accused treated as additional link in the chain of circumstantial evidence – Conviction sustained [Paras 68–69].

Decision: Appeal dismissed – Conviction and sentence under Sections 302/34, 201, and 404 IPC affirmed – Accused Ashok Kumar and Ramdas directed to surrender – Trial court to initiate coercive steps in case of failure – Compliance to be reported within two months [Paras 75–78].

Civil Law – Temporary Injunction – Prima Facie Case – Balance of Convenience – Irreparable Injury – Rejection Upheld – Appellants filed suit for declaration and possession claiming title through registered sale deed of 1957 – Sought injunction against construction over suit property allegedly by temple trust – Trial court found no prima facie case, no irreparable loss, and no balance of convenience – Held: Plaintiffs failed to prove continued possession or identity of suit land – Delay of nearly 70 years and admission in affidavit regarding lack of knowledge of title belied their claim – No interference warranted with trial court's discretion [Paras 10, 20-22, 24]

Property Dispute – Identity of Suit Property – Revenue Records vs. Sale Deed – Conflict Noted – Plaintiffs' description of suit property inconsistent with long-standing entries in revenue record showing temple possession since 1965 – Sale deed lacked survey number or definitive boundaries – Temple renovations conducted in 1985 and 2008 with municipal approval – Plaintiffs failed to prove nexus between sale deed and present-day suit land [Paras 13-15, 21]

Appellate Jurisdiction – Interference with Discretionary Orders – Scope Limited – Principles Reiterated – Citing Wander Ltd. v. Antox India (P) Ltd. and Monsanto Technology LLC v. Nuziveedu Seeds Ltd., held: Appellate court cannot substitute trial court’s discretion unless arbitrary or perverse – Trial court’s denial of injunction found consistent with settled legal principles – No error in exercise of jurisdiction [Paras 23-24]

Judicial Reasoning – Delay, Acquiescence, and Possession – Conduct Considered – Plaintiffs’ long silence since 1957, absence of mutation, and lack of possession undermined credibility – Affidavit stating knowledge of sale deed surfaced only in 2023 further weakened case – Respondents demonstrated continuous possession and legal sanction of construction – Injunction rightly denied [Paras 20-22]

Decision: Appeal dismissed – No interference warranted in trial court's refusal to grant temporary injunction – No order as to costs.