Civil Law – Ownership Dispute – Relief of Mandatory Injunction – Appeal Dismissed – Plaintiff, sole owner of the property by virtue of registered gift deeds dated 6.7.2009 and 9.5.2014 executed by his mother Smt. Santosh Kumari, filed suit seeking possession from his brother (defendant) who was residing in a portion of the house as a licencee – Defendant contested, claiming co-ownership and challenged validity of gift deeds alleging fraud, coercion and undue influence – Trial court decreed the suit for mandatory injunction – Appeal by defendant dismissed – Held: Defendant failed to prove co-ownership or any title – Gift deeds validly executed – Suit for mandatory injunction maintainable post revocation of licence [Paras 1, 2, 5, 13, 14, 45, 49, 66, 73].

Transfer of Property – Valid Gift Deeds – Challenge to Gift by Sibling – Defendant claimed mother was not in sound mind and gift deeds were fraudulently executed – Plaintiff proved execution through attesting witness and documentary evidence – Both gift deeds executed in compliance with Section 123 of Transfer of Property Act – Gift valid even if possession not delivered at the time – Defendant’s allegations of fraud, coercion, and undue influence not proved – No specific pleadings or evidence to substantiate claim – Held: Gift deeds legally valid and enforceable [Paras 50–54, 58–66].

License – Nature of Possession – Permissive Possession of Defendant – Plaintiff’s brother allowed to stay as licencee – Relationship of licensor and licencee existed post-execution of gift deeds – Licence revoked via legal notice dated 4.8.2014 – Defendant failed to vacate – Held: Defendant's occupation was permissive and post-termination, plaintiff entitled to seek possession through mandatory injunction – Plaintiff rightly proceeded under Specific Relief Act and not for recovery of possession – Apex Court precedents relied upon [Paras 67–79].

Construction by Licencee – Irrevocability of Licence – Defendant alleged raising permanent structure in suit premises – No sanctioned plan or evidence produced – Plaintiff filed sanctioned plans in name of mother – Held: Defendant failed to prove that any construction raised by him – Licence not rendered irrevocable [Paras 80–81].

Registered Documents – Allegation of Interpolation – Defendant alleged manipulation in sale and gift deeds – Plaintiff produced originals – Every cutting signed – Held: No adverse inference – Registered documents carry presumption of genuineness – Defendant failed to rebut it [Paras 82–84].

Non-Exhibition of Documents – Procedural Lapse – Documents submitted in sealed cover for safe custody – Trial court failed to mark exhibits – Defendant did not object before trial court – Held: Procedural lapse by court – No prejudice caused – Plaintiff proved documents and execution through oral and documentary evidence – Decree not liable to be reversed merely for non-exhibition [Paras 85–95].

Mesne Profits – Appellate Court's Power Under Order 41 Rule 33 CPC – Trial court denied mesne profits @ ₹30,000/month for lack of proof – During appeal, stay granted on condition of ₹10,000/month deposit – Held: Appellate court can award mesne profits at ₹10,000/month as condition of stay – Defendant bound by the order – Plaintiff entitled to receive damages for use and occupation till actual handover of possession [Paras 96–100, 106].

Caretaker/Trespasser – No Title by Long Possession – Defendant residing gratuitously – No tenancy or lease established – Apex Court in Maria Margarida and Behram Tejani reiterated caretaker acquires no right – Held: Long possession does not confer any right – Defendant must vacate [Paras 101–103].

Decision – Appeal Dismissed – Judgment and decree dated 01.07.2019 upheld – Plaintiff entitled to possession via mandatory injunction and damages @ ₹10,000/month from 01.07.2019 till delivery of possession – Interim orders vacated [Paras 104–109].

Decision: Appeal dismissed – Judgment and decree of trial court affirmed – Defendant to hand over vacant possession to plaintiff – Plaintiff entitled to ₹10,000 per month as damages from date of decree till possession is handed over.

Criminal Law – Rape and Murder – Conviction Based on Circumstantial Evidence – Death Penalty Commuted – Five-month-old infant abducted by maternal cousin from a marriage function – Later found severely injured and unconscious in a nearby vacant plot – Died during treatment – Convict last seen with victim – Recovery of victim and circumstantial evidence including forensic analysis supported prosecution – Conviction upheld but death sentence commuted to life imprisonment till natural life without remission – Held: Brutality alone cannot justify capital punishment in absence of premeditation or ruling out reform [Paras 1, 4, 35–39, 47–48, 57–58, 62, 63–72].

Evidence Act – Last Seen Theory – Circumstantial Evidence – Forensic Linkage – Accused seen taking child from mother at 7 p.m. – Found hours later with injuries consistent with sexual assault and blunt force trauma – Biological fluid of female origin found on accused’s clothing – No credible alternative hypothesis – Chain of circumstances complete – Theory of enmity rebutted – Held: Conviction sustainable even without DNA match where other links are firmly established [Paras 39, 48–50, 57–58, 60, 62].

Criminal Procedure – Capital Punishment – Rarest of Rare Doctrine – Commutation to Life Imprisonment Without Remission – Though trial court imposed death penalty, High Court held that since conviction was based on circumstantial evidence, and there was no premeditated intent, past criminal record, or evaluation from Probation Officer or psychologists, death penalty not justified – Reformation potential not ruled out – Life imprisonment without remission ordered [Paras 63–72].

Criminal Law – Investigation Lapses – Non-Fatal to Prosecution Case – CCTV footage procured but not produced in original Pen Drive – Compact Disc version unavailable – However, oral testimony of Investigating Officer and other witnesses, along with physical and forensic evidence, sufficient to prove guilt – Held: Investigation lapses alone cannot override substantive evidence [Paras 31–32, 60–61].

Constitutional Law – Sentencing – Consideration of Mitigating Factors Mandatory Before Awarding Death Penalty – Trial court did not obtain reports from Jail Administration, Probation Officer, or psychologist – Convict was 27 years old with no criminal antecedents – Death penalty must only be imposed when reform is unquestionably ruled out – Commutation appropriate in absence of full inquiry [Paras 63–71].

Decision: Appeal partly allowed – Conviction upheld – Death penalty under Sections 302 and 376(Ka)(Kha) IPC read with Section 6 POCSO Act commuted to life imprisonment for natural life without remission – Sentence under Section 364 IPC and fines confirmed – Reference in Capital Case No. 4 of 2021 not confirmed.

Criminal Law – Section 498A IPC – Applicability to Void Marriages and Live-In Relationships – Petitioner contended that Respondent No. 2 could not claim protection under Section 498A as the marriage was void owing to his subsisting marriage with another woman – Held: Section 498A covers not only legally valid marriages but also void or voidable marriages and relationships in the nature of marriage – A man who induces a woman into cohabitation under the false pretense of marriage cannot escape liability under Section 498A – Relationship with trappings of marriage falls within scope of the section [Paras 13.1–13.16].

Criminal Procedure – Section 498A – Parallel Proceedings – Two separate criminal cases pending against petitioner for offence under Section 498A in Shivamogga and Bengaluru arising out of related facts – Held: Permitting parallel trials under Section 498A in different fora would lead to conflicting judgments – Directed: Case pending in Shivamogga transferred to Bengaluru court for joint trial with pending proceedings [Paras 14.1–14.3].

Evidence – Dying Declaration – Admissibility of Statement by Surviving Complainant – Petitioner challenged statement recorded by Head Constable as not fulfilling requirements of dying declaration under Section 32 of Indian Evidence Act – Held: Respondent No. 2 survived – Statement is not a dying declaration but a regular witness statement – Evidentiary value to be tested at trial – Procedural irregularities in MLC registration not grounds for quashing proceedings at pre-trial stage [Paras 15.1–15.13].

Criminal Procedure – Quashing of Proceedings – Section 482 Cr.P.C. – Petitions filed to quash proceedings in two FIRs alleging dowry harassment and attempt to murder – Allegations include setting complainant on fire and suppression of prior marriage – Held: Allegations are serious and require full trial – No grounds made out for interference under Section 482 Cr.P.C. – Petitions dismissed [Paras 16.1].

Decision: Petitions under Section 482 Cr.P.C. dismissed – Proceedings in CC No. 630/2019 pending before III Additional Civil Judge (Jr. Divn) and JMFC, Shivamogga transferred to 24th Additional Chief Metropolitan Magistrate, Bengaluru to be tried along with CC No. 28129/2023 – Criminal proceedings to proceed in accordance with law.

Administrative Law – Termination of License – Writ Against APTDC – Maintainability – Petitioner challenged termination of license granted under agreement dated 03.10.2020 for operation of shop at Rushikonda Beach – Held: Though APTDC is ‘State’ under Article 12, disputes arising from license agreements are contractual and remedy lies in civil suit for damages – Writ not maintainable to challenge termination of license [Paras 9, 16]

Contract Law – License Agreement – Nature of Rights – Licensee Cannot Seek Interim Relief Against Termination – Petitioner admitted arrears of rent and operational default – Clause 7 of license agreement permits termination for non-compliance – Law well settled that licensee has no vested right to prevent termination – Once terminated, continued occupation is unlawful – Licensee may claim compensation but cannot seek injunction or continuation [Paras 4, 9-14, 16]

Distinction Between Lease and License – License Does Not Confer Interest or Possession – Agreement was clearly a license and not a lease – Reference to “lease” in correspondence was casual – Legal possession remains with licensor – Licensee has only a personal right which ceases upon termination – Petitioner cannot assert tenancy-like rights after expiration or cancellation [Paras 7, 12-14]

Writ Jurisdiction – Commercial Contract Disputes – No Public Law Element – Alternative Remedy Available – Court held that licensee’s grievance is private in nature – Remedy lies in filing a civil suit for compensation – No violation of constitutional or public duty shown – Writ jurisdiction not to be invoked for enforcing purely contractual rights [Paras 16-17]

Decision: Writ petition dismissed – Termination of license upheld – Interim order dated 06.10.2025 vacated – Petitioner may seek compensation by filing civil suit – No costs [Paras 17-18]

Criminal Law – Theft of Electricity – Illegal Hooking – Ownership of Premises Not Established – Conviction Set Aside – Appellant was convicted for dishonest abstraction of electricity through direct hooking from LT line after disconnection of legal supply – Raid conducted without verifying house ownership – Prosecution witnesses admitted no proof or documents to confirm house belonged to appellant – Evidence revealed meter was in father’s name who had passed away – No attempt made to identify actual occupant at time of raid – Appellant not present during raid – Seizure list not signed by local witness or appellant – Held: Conviction unsustainable as prosecution failed to establish guilt beyond reasonable doubt [Paras 5-10]

Criminal Trial – Burden of Proof – Conviction Based Solely on Official Witnesses – No Corroboration from Independent Source – No local resident was examined – No eyewitness evidence to show appellant was committing theft at the time – Seized items were generic household materials (PVC wire, lamp holder) – Articles not produced in court – Seizure list not proven according to law – Held: In criminal cases, prosecution must prove its case beyond reasonable doubt – Failure to link accused to offence fatally undermines prosecution case [Paras 6-10]

Criminal Procedure – Examination Under Section 313 CrPC – Accused Denied Allegations – No Admission Made – Appellant denied all incriminating circumstances put to him – No defence evidence adduced – Trial Court erred in shifting burden on accused and assuming guilt in absence of sufficient prosecution proof – Held: Mere denial by accused not sufficient to sustain conviction unless prosecution proves offence independently [Para 8]

Appellate Interference – Scope of Reappreciation of Evidence – Appeal Allowed in Absence of Conclusive Proof – High Court held that cardinal principles of criminal jurisprudence were violated – Prosecution evidence riddled with inconsistencies, procedural lapses, and lack of lawful identification – Conviction set aside and appellant discharged [Paras 11-13]

Decision: Appeal allowed – Conviction and sentence set aside – Appellant discharged from bail bond – Urgent certified copy directed to be supplied [Paras 12-14]

Execution Proceedings – Decree Satisfaction – Error in Appropriation – Appellants (KSEB and its officer) challenged the order of the execution court allowing attachment of their bank account to recover Rs.1,05,841/- as alleged balance under an enhanced compensation decree – Court found that the execution court erred in appropriating the entire earlier deposit (Rs.2,91,761/-) towards interest and costs, leading to an inflated calculation of balance due – Held: Method of appropriation adopted was incorrect as prior deposits included original decree amount – Matter remanded for fresh consideration [Paras 1, 5, 9, 11].

Interest Calculation – Enhanced Decree – Scope of Appellate Judgment – In the appellate decree enhancing compensation from Rs.1,89,000/- to Rs.2,54,000/-, interest at 9% was awarded from date of suit till date of actual payment – Court clarified that interest on original decree amount was to stop from date of deposit (30.06.2010), but interest on the balance (Rs.65,000/-) was to run till payment (23.09.2020) – Held: Execution court failed to correctly apply this clarification while computing interest liability [Paras 4, 6, 11].

Costs – Entitlement Post Appeal – Appellants contended that no costs were awarded in appeal and hence not recoverable – Court held that since trial court decree was upheld in other respects, decree holders were entitled to costs awarded therein – Objection regarding costs rejected [Para 11].

Remand – Improper Calculation – Fresh Adjudication Directed – Finding the execution court’s order based on flawed appreciation of deposit and interest chronology, the High Court set aside the impugned order and remanded the matter for fresh consideration after hearing both sides – No costs awarded in appeal [Para 11].

Decision: Appeal allowed – Order dated 16.08.2022 in E.A. No. 58/2022 set aside – Execution Court directed to reconsider matter afresh and pass orders in accordance with law – No order as to costs.

Criminal Law – Robbery – Doubtful Identification – Nighttime Crime – Conviction Set Aside – Petitioners (A1 & A3) convicted for stabbing and robbing two employees carrying ₹16 lakhs – Conviction confirmed by appellate court – However, eye-witnesses (PW1 & PW2) admitted to contradictions regarding identity, absence of lighting, prior exposure to accused photographs, and conflicting testimonies on sequence of events – Test Identification Parade conducted 45 days post-arrest after exposure to accused undermined its probative value – Held: Identification highly doubtful – Conviction unsustainable [Paras 13-18, 22].

Evidence – Eye-Witness Testimony – Contradictions – Lack of Corroboration – Acquittal Justified – Evidence of PW1 and PW2 contradictory and unsupported by independent witnesses – Medical records silent on crucial aspects such as chilli powder allegedly used – Doctor did not confirm stated injuries or circumstances – PW3 and PW5 claimed to have transported victims to hospital but hospital registers mention different names – Place of occurrence itself in dispute – Held: Trial and appellate courts failed to appreciate contradictions – Evidence insufficient for conviction [Paras 12, 15-16, 18].

Criminal Trial – Parity Principle – Similar Role, Disparate Outcome – Conviction Discriminatory – Co-accused A2 and A4–A8 acquitted despite similar evidence – No weapon recovery traced to petitioners – No specific overt act attributed to them – Conviction based solely on disputed identification – Held: Principle of parity mandates that petitioners be given same benefit of doubt as others – Conviction unsustainable [Paras 23-26].

Investigation – Recovery and Confession – Procedural Irregularities – Witness Credibility Doubtful – Confession and recovery allegedly made in presence of PW7 (VAO) and PW8 (Village Assistant) who admitted to being stock witnesses – No independent witness or house owner (Rajendran) examined – Typed confessions using laptop and mobile printer at scene not supported by evidence – Held: Recovery procedure artificial and unsupported – Evidence unreliable [Paras 19-21].

Decision: Revision allowed – Conviction and sentence set aside – Petitioners acquitted – Fine, if paid, to be refunded – Petitioners to be released forthwith unless required in any other proceedings.

NDPS Act – Vehicle Confiscation – Owner Not Accused – Confiscation Order Set Aside – Trial Court convicted two accused under Section 20(b)(i) NDPS Act and ordered confiscation of truck bearing Reg. No. ABK-799 used to transport ganja – Appellant, who was the registered owner but not an accused in the criminal case, challenged the confiscation – Held: Appellant was not involved in the crime and has remained in possession of vehicle under orders of this Court – Confiscation order liable to be set aside as appellant’s ownership was undisputed and prosecution did not implicate her [Paras 2, 9-10]

Criminal Procedure – Section 454 CrPC – Appeal Against Confiscation – Maintainability – Appeal filed under Section 454 CrPC against order of confiscation passed as part of judgment in Sessions Case – Appellant established interest in property and had been granted interim release (zima) upon furnishing security – Held: Long pendency and absence of clarity on appeals by convicts warrants allowing appeal – Confiscation quashed [Paras 1, 4-11]

Evidence – Lack of Record – Inability of State to Confirm Status of Vehicle – Despite repeated directions, State unable to produce record of vehicle or confirm status of criminal appeal by convicts – Excise Officer reported that case record related to confiscation could not be traced – Held: No useful purpose served by prolonging litigation – Confiscation order unsustainable [Paras 6-8]

Interim Relief – Zima Granted and Security Furnished – Final Relief Accorded – Vehicle was released to appellant during pendency of appeal on furnishing cash and property security – Security stood for over three decades – Held: Security to be released, confiscation set aside, appeal allowed [Paras 4, 11]

Decision: Appeal allowed – Confiscation order dated 11.02.1994 in Sessions Case No. 229 of 1993 set aside – Security furnished by appellant released – No costs [Para 11]

Contract Law – Term Sheet – Specific Performance – Appeal from Order dismissed – Term Sheet between Plaintiff developer and Defendant landowners provided for refundable deposit and joint development of land – Dispute arose on whether Term Sheet was a concluded and enforceable contract or merely an agreement to agree – Held: Validity Clause with Long Stop Date was a condition precedent – Plaintiff failed to perform obligations before Long Stop Date – No extension pleaded or agreed – Term Sheet automatically stood terminated – Plaintiff entitled only to refund of ₹11 crores – No right to seek specific performance survives – Appeal dismissed [Paras 17, 21–31, 35, 50–52, 53].

Contract Construction – Long Stop Date – Significance – Long Stop Date under Clause 12 of Term Sheet operated as contractual deadline for due diligence and execution of transaction documents – Clause began with non-obstante expression – Held: Clause 12 overrode other terms including Clause 11 on enforceability – Failure to comply by Long Stop Date resulted in automatic termination of contract – No open-ended or implied extension recognized in absence of mutual agreement – Court upheld commercial certainty and enforceability of Long Stop Date [Paras 24–34, 51–52].

Evidence – Concluded Contract vs Agreement to Agree – Clause analysis and conduct of parties – Despite use of term "enforceable" in Clause 11, contract was contingent on fulfilment of conditions precedent under Clause 12 – Plaintiff failed to accept title or execute transaction documents – Additional terms like third-party award payment introduced later – Held: No concluded contract – Specific performance not maintainable [Paras 19–20, 36–38, 43–44, 46].

Relief – Refund of Advance – Defendants permitted to deposit ₹11 crores – Trial court's refusal of injunction upheld – Appellant’s claim limited to alternate prayer for refund of deposit – Balance of convenience in favour of Defendants – No prima facie case made out for injunction – No enforceable obligation to convey development rights survives – Injunction rightly refused [Paras 47–49, 53–54].

Specific Relief Act – Contract not Specifically Enforceable – Section 14(1)(a) and (c) – Clause 12 made Term Sheet determinable – Monetary compensation sufficient remedy – Held: Agreement not enforceable in terms of Specific Relief Act – Injunction barred under Section 41(e) [Paras 49].