Criminal Law - Bail - Unlawful Activities (Prevention) Act 1967 - Section 43D(5) - Prolonged incarceration and speedy trial - Appellant in custody since January 2019 for over seven and a half years with only 42 out of 112 witnesses examined - Court held that statutory restrictions under Section 43D(5) do not oust the constitutional power to grant bail under Article 21 where trial is not likely to conclude within a reasonable period and period of incarceration exceeds a substantial part of the prescribed sentence - Held - Appeal allowed and appellant released on bail subject to conditions - [Paras 1-29].

Criminal Law - Conspiracy - Indian Penal Code 1860 - Sections 120B, 121, 121A and 122 - Nature of evidence - Prosecution alleged appellant facilitated arms procurement for a terrorist module but evidence relied on testimonies of self-confessed arm dealers and CDR analysis - Court noted the appellant was not named in the initial FIR and had no criminal antecedents - Held - Given the nature of evidence and the delay in trial conclusion, the appellant has made out a case for release - [Paras 17-21].

Constitutional Law - Right to Speedy Trial - Constitution of India - Article 21 - Intersection with special statutes - Court reiterated that while special statutes like UAPA embody legislative policy against bail, the rigours of such provisions melt down when pre-trial detention assumes the character of punishment due to long delays - Held - The constitutional mandate requires a differentiated inquiry focusing on individual roles rather than collective treatment - [Paras 22-26].

Decision: Appeal allowed – Impugned order set aside – Appellant released on bail subject to strict conditions including periodic reporting to NIA Branch Office and prohibitions on influencing witnesses or tampering with evidence – [Paras 25-29].

Civil Law - Execution of Decree - Code of Civil Procedure 1908 - Section 47 - Hyper-technical approach - Executing Court dismissed execution petition for failure to state date of death of judgment debtor and lack of explicit averment regarding possession by legal heirs - High Court held that Executing Court is duty-bound to execute a final decree and cannot deny the same on hyper-technical grounds - Court directed to allow parties to prove facts and proceed with execution against legal heirs - Held - Impugned order set aside and matter remanded for fresh decision within six months - [Paras 9-14].

Civil Law - Powers of Executing Court - Code of Civil Procedure 1908 - Section 47 - Scope of inquiry - Court held that Executing Court must restrict itself to matters of execution discharge and satisfaction of the decree - Cannot adopt novel methods to dismiss execution applications without proper adjudication on merits - Held - Impugned order unsustainable in judicial scrutiny - [Paras 12-13].

Decision: Revision Petition allowed - Impugned order dated 22.01.2025 set aside - Matter remanded to Executing Court to decide afresh within six months - Parties directed to appear before the Executing Court on 12.10.2026.

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.

Civil Law - Pre-emption - West Bengal Land Reforms Act 1955 - Sections 8 and 9 - Joint application by adjacent land owners - Petitioner challenged a joint pre-emption application by multiple claimants and the granting of partial pre-emption regarding specific plots - Trial court and first appellate court allowed pre-emption in favour of the applicant with the longest common boundary - High Court held that a joint application by separate sets of claimants with a single deposit is maintainable and partial pre-emption is permissible for specific plots when contiguous to the pre-emptor's land - Concurrent findings of fact by courts below do not warrant interference under Article 227 - Held - Revision petition dismissed - [Paras 1-37].

Civil Law - Pre-emption - West Bengal Land Reforms Act 1955 - Section 8 - Partial pre-emption - Whether permissible when multiple plots are transferred by a single deed - High Court clarified that partial pre-emption is maintainable for plots contiguous to the pre-emptor's land to prevent vendors from defeating pre-emption rights by including stray properties in a single deed - Held - Claim of pre-emption on the ground of vicinage is valid for contiguous plots - [Paras 27-28].

Civil Law - Pre-emption - West Bengal Land Reforms Act 1955 - Section 8 - Pre-requisite of co-sharer - Whether pre-emption by an adjoining owner is maintainable in the absence of a co-sharer - Petitioner argued pre-emption requires a co-sharer - High Court rejected the contention noting that Section 8 provides a hierarchy of preference and a raiyat possessing land adjoining the holding is entitled to pre-empt even if no co-sharer exists - Held - Adjoining land owner status is sufficient for pre-emption claim - [Paras 19-20].

Civil Law - Supervisory Jurisdiction - Constitution of India - Article 227 - Limitation of High Court to interfere with concurrent findings of fact - Held - High Court cannot enter into disputed questions of fact unless findings are perverse or based on irrelevant factors - [Paras 31-32].

Decision: Civil Revision dismissed – Impugned judgment and order of the first appellate court affirmed.

Criminal Law - Outraging Modesty - Indian Penal Code 1860 - Section 354 - Appellant-Assistant Professor convicted for touching student-prosecutrix in his cabin - Trial court relied on testimony of prosecutrix and alleged subsequent complaint to college - High Court found serious infirmities including 48-hour delay in lodging FIR, failure to produce alleged initial complaint to college authorities, non-examination of the Principal as a material witness, and lack of objective evidence like call detail records despite prosecution case resting on a phone call - Held - Prosecution failed to establish guilt beyond reasonable doubt - Conviction set aside - [Paras 10-35].

Evidence Law - Burden of Proof - Indian Evidence Act 1872 - Section 3 - Reasonable doubt - Prosecution case marred by material inconsistencies and omissions in testimony of prosecutrix and witnesses regarding report of incident - Failure of police to collect mobile records and non-production of departmental inquiry documents creates significant doubt - Held - Benefit of doubt must go to the accused - [Paras 20-32].

Criminal Law - FIR - Code of Criminal Procedure 1973 - Section 154 - Delay in lodging - 48-hour unexplained delay in filing FIR and subsequent delay in reaching Magistrate - Held - Delay is a significant factor casting doubt on the veracity of the prosecution case when coupled with other material discrepancies - [Paras 8.1, 24].

Evidence Law - Adverse Inference - Indian Evidence Act 1872 - Section 114(g) - Non-examination of material witness - Principal of the college not examined despite being the authority to whom the first complaint was allegedly made - Held - Adverse inference drawn against the prosecution for withholding best evidence - [Paras 8.5, 23].

Decision: Appeal allowed – Conviction and sentence dated 30/07/2014 set aside – Appellant acquitted of the charge under Section 354 IPC by extending benefit of doubt – Fine amount, if any, to be refunded – Bail bonds cancelled.

Writ Law - Habeas Corpus - Constitution of India 1950 - Article 226 - Writ petition seeking production of missing wife and minor daughter - Upon production before the Court corpus wife expressed desire to reside with a third party due to matrimonial differences with the petitioner - Court facilitated interaction between parties and ensured welfare of the minor child - Held - Custody of minor daughter granted to biological father with specific visitation rights for the mother and conditions regarding the father's future marital status - Petition disposed of - [Paras 1-8].

Family Law - Custody of Minor - Welfare of the Child - Determination of custody where wife expresses desire to reside with third party - Child aged four and a half years - Biological father found to have stable family support system - Mother consenting to handover of custody to father with visitation conditions - Held - Custody granted to biological father subject to visitation rights for the mother and condition of transition upon remarriage or live-in relationship of the father - [Paras 5-7].

Decision: Petition disposed of – Custody of minor daughter RK granted to petitioner-father – Petitioner directed to provide access to mother to meet daughter – Petitioner to send child to mother for one week every two months – Custody to revert to mother if petitioner enters into marriage or live-in relationship.

Writ Law - Maintainability - Constitution of India 1950 - Article 226 - Contractual matters - Respondent-State instrumentality withholding public funds without legal justification - Petitioner seeking refund of security deposit and unadjusted premium balance - Respondent contending dispute involves complex facts and private contract - Held - Applying ABL International Ltd ratio - Writ petition is maintainable when state action is arbitrary and mala fide and facts are evidenced by documents - [Paras 31-42].

Civil Law - Refund of Deposit - Indian Contract Act 1872 - Section 56 - Contractual obligations - Respondent failing to establish any financial default or appropriation of deposits towards liabilities over two decades - Respondent attempting to justify withholding funds through post-facto affidavits without contemporaneous records - Held - Reasoning for withholding public money must exist at the time of the action and cannot be supplemented by fresh affidavits years later per Mohinder Singh Gill ratio - Respondents directed to refund principal amount with interest - [Paras 39-45].

Civil Law - Unjust Enrichment - Constitution of India 1950 - Article 14 - Arbitrary retention - Respondent holding petitioners' funds for 20 years without initiating legal proceedings or proving defaults - Held - Unilateral retention of funds without legal or contractual sanction constitutes arbitrary and mala fide enrichment violating fundamental rights - [Paras 23-42].

Decision: Writ petition allowed – Respondents directed to refund Rs. 1,41,45,696/- comprising Rs. 1 Crore (without interest) and Rs. 41,45,696/- (with 7% simple interest) within one month – Failure to pay within stipulated time will attract 9% interest per annum until payment.

Civil Law - Temporary Injunction - Code of Civil Procedure 1908 - Order 39 Rules 1 and 2 - Principle of Balance of Convenience and Irreparable Injury - Plaintiff filed suit for partition of ancestral property claiming through lineage that was rejected by trial court - While appeal against dismissal was pending plaintiff obtained injunction against defendants constructing a new house on the site of an old demolished ancestral home - High Court observed that plaintiff failed to establish a strong prima facie case regarding his lineage or entitlement - Held - Restraining the reconstruction of a residential dwelling by the defendants at the same location where they previously resided causes greater hardship to them than to the plaintiff whose potential interest is limited to a fractional share that can be compensated or adjusted upon final adjudication - Impugned injunction set aside - [Paras 1-9].

Civil Law - Injunction - Balance of Convenience - Code of Civil Procedure 1908 - Order XXXIX - Right to Reconstruct - Where a defendant seeks to reconstruct an existing residential building in his possession and the plaintiff claims only a partial interest in the property - Held - The court must weigh the irreparable injury to the defendant losing shelter against the speculative prejudice to the plaintiff - Since the plaintiff's share can be secured by future adjustment of property or monetary compensation the court will not grant an injunction preventing reasonable enjoyment of the property - [Paras 7-9].

Decision: Appeal allowed - Order of injunction passed in I.A.No.1/2025 in A.S.No.24/2025 of the Sub Court, Cherthala is set aside - Sub Court directed to expedite disposal of the appeal.

Criminal Law - Maintenance - Code of Criminal Procedure 1973 - Section 125 - Deceitful marriage - Petitioner husband suffered paralytic stroke prior to marriage and claimed inability to pay maintenance due to 70% locomotor disability - Family Court found petitioner had sufficient resources based on evidence and marriage expenses - High Court dismissed revision noting petitioner used deceptive matrimonial advertisement to secure a maidservant under guise of marriage while knowing of his incapacity - Held - Petitioner cannot evade legal responsibility to maintain wife after destroying her life through dubious methods - Maintenance order upheld - [Paras 1-5].

Criminal Law - Means to maintain - Code of Criminal Procedure 1973 - Section 125 - Capacity to pay - Petitioner argued physical incapacity as grounds to deny maintenance - Court found evidence of concealed income and prior capacity to maintain respondent during cohabitation - Held - Finding of means is based on preponderance of probabilities rather than mere ability to perform manual labor - [Para 5].

Decision: Revision petition dismissed - The order of the Family Court, Kottayam at Ettumanoor, directing maintenance at Rs. 10,000 per month is affirmed.