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.

Civil Law - Matrimonial - Hindu Marriage Act 1955 - Section 13(1)(ia) - Cruelty - Appellant-husband challenged divorce decree granted to wife on grounds of mental and physical cruelty - Evidence indicated recurring pattern of assault-humiliation in public-distrust and forced separation - Trial Court found these acts constituted cruelty - High Court affirmed finding that matrimonial discord reached a stage requiring intervention of family members and essential element of mutual confidence was eroded - Held - Cumulative conduct establishes mental cruelty - Appeal dismissed - [Paras 1-22].

Civil Law - Matrimonial - Hindu Marriage Act 1955 - Section 13(1)(ia) - Irretrievable breakdown as a factor in cruelty - While irretrievable breakdown is not a standalone statutory ground for divorce - High Court held that where a marriage is beyond repair due to bitterness created by acts of parties - such breakdown constitutes a weighty circumstance to assess whether continuation of the marriage would inflict further cruelty - Held - Marital tie cannot be sustained when foundation of trust is lost - [Paras 23-27].

Evidence Law - Matrimonial Evidence - Assessment of cruelty - Evidence Act 1872 - Section 3 - Court held that mental cruelty must be assessed on the touchstone of probabilities in the entire matrimonial setting rather than seeking proof beyond reasonable doubt - Held - Evidence of respondent-wife corroborated by surrounding circumstances of the final confrontation at the matrimonial home - [Paras 9-15].

Decision: Appeal dismissed – Judgment and decree of the Family Court, Rayagada dated 27.01.2024 upheld.

Motor Accident Claims - Contributory Negligence - Motor Vehicles Act 1988 - Section 173 - Crossing of National Highway - Tribunal attributed 50% contributory negligence to the deceased pedestrian for crossing a National Highway without due caution - High Court held that the mere act of crossing a National Highway does not warrant an inference of contributory negligence in the absence of cogent evidence - No evidence was adduced by the respondent-insurer to prove the deceased failed to exercise reasonable care - The testimony of an eyewitness indicated the deceased had nearly completed crossing the road when struck by the offending vehicle driven at high speed - Failure of respondents to examine the driver of the offending vehicle was noted - Held - Findings of contributory negligence set aside and liability fastened solely upon the driver of the offending vehicle - [Paras 11-20].

Motor Accident Claims - Quantum of Compensation - Motor Vehicles Act 1988 - Section 168 - Principles of Assessment - Future prospects and consortium - Tribunal erred in assessing income on the lower side and failing to apply the correct multiplier and future prospects - High Court reassessed income at Rs 2500 per month - Added 40% towards future prospects as per Pranay Sethi - Included parental and spousal consortium in line with Magma General Insurance - Total compensation enhanced from Rs 108000 to Rs 744500 - Held - Appellate court has power to award compensation higher than the amount claimed in the petition if evidence justifies it - [Paras 21-28].

Evidence Law - Burden of Proof - Motor Vehicles Act 1988 - Section 166 - Contributory Negligence - The burden of proving contributory negligence lies on the party asserting it - Mere production of FIR or charge sheet not being rebutted by the insurer confirms the negligence of the driver - High Court applied the principle that without specific evidence of an act or omission by the deceased that contributed to the accident the plea of contributory negligence cannot be sustained - [Paras 16-19].

Decision: Appeal allowed – Compensation enhanced to Rs 7,44,500 with interest at 7.5% per annum from the date of filing the claim petition – Respondents jointly and severally liable to deposit the amount within two months.

Criminal Law - Bail - Bharatiya Nagarik Suraksha Sanhita 2023 - Sections 480 and 483 - Accused seeking regular bail after filing of charge sheet in a murder case - Petitioners A1 to A4 and A7 sought enlargement on bail contending investigation was complete and charge sheet was filed - Court observed that since investigation had concluded and the charge sheet was filed as Spl. SC. No. 133 of 2026 the risk of witnesses being influenced was negated - Held - A1 to A4 and A7 entitled to grant of bail subject to strict conditions including periodic attendance and prohibition on influencing witnesses - [Paras 1-11, 18-19.1].

Criminal Law - Special Statute - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 - Section 14A - Maintainability of bail application - Petitioners A5 and A8 seeking bail despite the existence of a statutory remedy of appeal under Section 14A of the SC/ST (POA) Act against the rejection of bail by the Special Court - Court held that since the ingredients of Sections 3(1)(f) and 3(2)(v) of the SC/ST (POA) Act were prima facie made out and the Special Court had already rejected bail on merits - The proper remedy is to file an Appeal under Section 14A rather than a fresh petition for regular bail - Held - Bail petition in respect of A5 and A8 is not maintainable - [Paras 12-17, 19.2].

Decision: Petitions for A1 to A4 and A7 allowed subject to conditions – Petition against A5 and A8 dismissed as not maintainable.

Civil Law - Public Premises (Eviction of Unauthorized Occupants) Act 1971 - Sections 4 5 and 9 - Eviction of unauthorised occupants - Petitioners challenged eviction order issued by railway authorities regarding Survey No 1937 and 1938 - Petitioners sought stay in appellate proceedings before District Judge citing status quo orders from Waqf Tribunal - District Judge rejected stay finding discrepancy in survey numbers and prior settled title - High Court examined scope of Article 227 and affirmed that subordinate courts act within jurisdiction when rejecting stay in face of res judicata - Held - No merit in petition as petitioners failed to prove possession or title superior to Union of India - Petition dismissed - [Paras 1-15].

Civil Law - Constitution of India - Article 227 - Supervisory jurisdiction - Principles of interference - High Court's power of superintendence is not appellate and must be exercised sparingly - Interference restricted to cases of serious dereliction of duty or flagrant abuse of jurisdiction - High Court cannot substitute its own view for that of subordinate court merely because alternative view is possible - Held - Order of District Judge reflects judicial application of mind and does not warrant interference under Article 227 - [Paras 12-14].

Civil Law - Res Judicata - Constructive Res Judicata - Previous adjudication - Earlier litigation in Case No 53/2007 settled that Survey Nos 1938 and 1939 belong to Union of India excluding specific 9743 sq ft of Waqf land - Current attempt to re-litigate title of these survey numbers through individual members constitutes abuse of process - Held - Principle of res judicata bars re-agitation of title claims - [Paras 10-11].

Decision: Petition dismissed – Impugned order of the Principal District Judge, Ujjain, upheld – Parties directed to maintain the legal status as established by the prior binding adjudications.

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.

Civil Law - Partition Suit - Code of Civil Procedure 1908 - Order XXIII Rule 1 and Order XXIII Rule 1-A - Defendant seeking transposition as plaintiff - Trial Court permitted original plaintiffs to withdraw suit unconditionally despite defendants claiming a 2/3rd share in the written statement - Trial Court rejected transposition on grounds that no formal counter-claim was filed - High Court held that in a partition suit a defendant seeking a share is in the position of a plaintiff and the right to withdraw is not absolute when it defeats the claim of a co-sharer - Held - Trial Court acted with material irregularity - transposition allowed - [Paras 12-25].

Civil Law - Transposition of Parties - Code of Civil Procedure 1908 - Order XXIII Rule 1-A - Substantial question - Determination of whether applicant has a substantial question to be decided against other defendants - Court must ensure effectual and comprehensive adjudication to avoid multiplicity of proceedings - A claim for a share in a partition suit constitutes a substantial question satisfying the requirement of Rule 1-A - Held - Trial Court erred in applying an overly restrictive test and ignoring the wider scope of judicial power - [Paras 16-20].

Civil Law - Procedural Irregularity - Code of Civil Procedure 1908 - Admission of documents - Trial Court refused to consider existing court records (amendment petition) on the ground that they were not certified copies - High Court held that documents forming part of the court's own record cannot be treated as inadmissible for lack of certification - Held - Irregularity going to the exercise of jurisdiction - [Para 22].

Decision: Civil Revision allowed - Impugned order dated 26.04.2023 set aside - Transposition of defendants as plaintiffs allowed - Suit restored for adjudication on rival claims - Trial Court granted liberty to examine the genuineness of the original plaint and signatures during trial.

Criminal Law - Dishonour of Cheque - Negotiable Instruments Act 1881 - Sections 118 and 139 - Rebuttal of statutory presumption - Petitioner-accused was convicted by trial court and appellate court for offence under Section 138 NI Act - In revision petitioner contended that impugned cheque was misplaced in 1996 and intimated to Bank- Complainant used said cheque in 2000 after company faced insolvency proceedings - High Court observed that while accused did not file police complaint regarding theft he provided evidence of intimation to Bank and highlighted lack of documentation for final settlement despite prior documented dealings - Held - Petitioner successfully rebutted statutory presumption by preponderance of probabilities creating reasonable doubt about existence of legally enforceable debt - Conviction set aside - [Paras 6-22].

Criminal Law - Revisional Jurisdiction - Code of Criminal Procedure 1973 - Sections 397 and 401 - Scope of interference - High Court examined whether concurrent findings were perverse or ignored relevant evidence - Court noted that Appellate Court failed to assess the impact of missing documentation and the suspicious timing of cheque issuance amidst bank recovery proceedings against the company - Held - Revisional court empowered to interfere where lower courts committed error in assessing facts leading to miscarriage of justice - [Paras 10-11 22].

Evidence Law - Burden of Proof - Negotiable Instruments Act 1881 - Sections 118 and 139 - Preponderance of probabilities - Accused need not prove innocence beyond reasonable doubt but only raise a probable defence to shift onus back to complainant - Held - Cumulative circumstances including intimation of loss of cheque to bank and initiation of proceedings after company's financial crisis constitute a sufficient case for rebuttal - [Paras 13-21].

Decision: Criminal Revision Case allowed – Impugned judgment of conviction and sentence set aside – Petitioner acquitted – Sureties released – Pending miscellaneous petitions closed.