Telecom Law – Jurisdiction of TDSAT – Dispute Between Service Providers – Plaintiff (a Class 'A' ISP) and Defendant No.1 (a Category 'A' ITSP) entered into an Operational Merger Agreement (OMA) for resource and infrastructure integration – Allegations of breach of contract, disruption of services, and withholding of infrastructure affecting thousands of end consumers – Held: Dispute is between service providers and directly impacts users—Squarely falls within exclusive jurisdiction of TDSAT under Section 14(a)(ii) of TRAI Act—Civil suit not maintainable [Paras 3, 22–26, 38–39]

Civil Procedure – Bar of Jurisdiction – Section 15 of TRAI Act – Civil courts barred from entertaining disputes that TDSAT is competent to adjudicate – Inclusion of individual directors and foreign parent company (non-service providers) does not alter the core nature of the dispute – Allegations against Defendants 2–5 arise from their roles within service provider operations – No distinct cause of action independent of the primary dispute – Civil court lacks jurisdiction [Paras 30–35]

Consumer Impact – Scope of TRAI Act – Plaintiff admitted disruption of service to approx. 19,000 residential and commercial users including hospitals, schools, and government bodies – Held: Where dispute affects a large body of consumers, TDSAT as the expert tribunal must adjudicate – Object of TRAI Act is to ensure consumer protection and orderly growth of telecom sector [Paras 24–26]

Contractual Disputes – Private Agreement Between Telecom Operators – Plaintiff argued dispute arose from a private contractual arrangement unrelated to regulatory functions – Court rejected argument citing binding precedent that even private agreements between service providers fall within TDSAT’s domain if consumer interests are affected or sectoral regulation is implicated [Paras 27–29]

Distinction from Precedents – Cases relied upon by plaintiff (e.g., Amrit Aneja, Hathway Digital) held inapplicable – Those disputes involved non-service providers or employer-employee issues – In contrast, current dispute involves operational failures and service disruptions between two licensed service providers [Paras 36–37]

Decision:Suit held not maintainable – Dispute falls within exclusive jurisdiction of TDSAT under Sections 14 and 15 of the TRAI Act – Civil court barred from entertaining the matter – Plaint rejected – Pending applications disposed of accordingly.

Hindu Law – Joint Family Property – Sale by Karta – Plaintiffs, sons of the first defendant, challenged sale of 0.70 cents of ancestral property made by their father (first defendant) in favour of his brother (second defendant) – Property was ancestral, and plaintiffs had birthright – Held: Sale deed not binding on plaintiffs’ 2/3 share – Valid only to the extent of first defendant’s 1/3 share – Alienation by karta not for legal necessity or benefit of estate – Such sale is voidable, not void – Trial court’s finding upheld [Paras 14–20, 23(a)–(b)].

Property Law – Validity of Sale – Ancestral Property – Settlement deed in favour of first defendant does not convert ancestral property into self-acquisition – Nomenclature of document irrelevant – Legal character of property remains unchanged – Coparceners cannot be divested of birthright through unilateral settlement by father [Paras 15–16].

Burden of Proof – Legal Necessity – Under Mitakshara law, burden lies on purchaser (second defendant) to prove sale by karta was for legal necessity – Mere indebtedness or personal hardship of the karta not sufficient – Held: Second defendant failed to discharge burden – Plaintiffs entitled to protection of their undivided share [Para 17].

Partition – Sale During Minority – Plaintiffs, being minors at the time of sale, entitled to challenge the alienation – Since sale not shown to be for necessity or benefit of family, transaction is not binding on their share – However, second defendant entitled to seek equitable allotment in final decree from vendor’s (first defendant’s) share [Paras 19–21].

Equity – Final Decree Proceedings – Trial court’s direction to allot “0.70 share” to second defendant modified – Held: Precise metes and bounds to be fixed during final decree based on value and soil condition – Sale deed to be honoured only to the extent of first defendant’s share [Paras 21–22, 23(c)].

Decision: Appeal dismissed with modification – Sale deed dated 10.10.2005 held valid only to the extent of first defendant’s 1/3 share – Not binding on plaintiffs’ 2/3 share – Second defendant entitled to equitable allotment from first defendant’s share in final decree – No order as to costs [Para 23].

Workmen’s Compensation – Liability of Insurance Company – Compensation and Interest – Deceased driver died during employment-related accident – Commissioner held both employer and insurer jointly liable for ₹8,52,160/- with 9% simple interest till award and 7% compound interest thereafter – Held: Insurer liable to pay entire compensation along with 12% interest under Section 4A(3)(a) of the Workmen’s Compensation Act – Joint liability modified accordingly [Paras 1–4, 6–8].

Insurance Law – Scope of Liability – Penalty Exclusion – Reiterated that interest on delayed compensation forms part of insurer’s liability but penalty under Section 4A(3)(b) is not – Penalty arises from employer’s personal fault and cannot be foisted on insurer – Commissioner’s award modified to clarify insurer’s exclusive liability for compensation and interest only [Paras 7, 7.1, 8].

Precedents – Apex Court Binding – Court relied on Supreme Court judgments in Ved Prakash Garg v. Premi Devi (1997) 8 SCC 1, Kamla Chaturvedi v. National Insurance Co. (2009) 1 SCC 487, and New India Assurance Co. v. Harshadbhai Amrutbhai Modhiya (2006) 5 SCC 192 – Held: Legal position settled that insurer covers compensation and statutory interest but not penalty – Binding precedents followed to allow appeal in part [Paras 4, 7–8].

Decision: Appeal allowed – Order modified – Insurance company held liable to pay ₹8,47,160/- compensation with 12% interest – Remaining portion of Commissioner’s order unaltered.

Property Law – Communal Land – Order I Rule 8 CPC – Adverse Possession by State – Identity of Land – State estopped from claiming adverse possession – Suit partly maintainable – Declaration granted for Hal Plot No.1575; claim rejected for “Smasana” land [Paras 15–29].

Communal Land – “Smasana” – Necessity of Representative Suit – Non-Joinder – Suit Not Maintainable – Hal Plot No.1563 recorded as “Smasana” is communal land in which entire village has common interest – Plaintiffs failed to comply with mandatory requirements of Order I Rule 8 CPC before seeking declaration of title – Villagers of Mouza Attopur-Badapokharital being necessary parties, suit in respect of A.0.03 decimals of Hal Plot No.1563 rightly dismissed by courts below – Held: No error in concurrent findings dismissing claim regarding “Smasana” land [Paras 15–18].

Adverse Possession – Plea by State – Impermissible – Implied Admission of Plaintiff’s Title and Identity of Property – State pleaded long possession and prescriptive title over A.0.09 decimals of Hal Plot No.1575 – Such plea amounts to implicit admission of plaintiffs’ title and identity of the suit land – As per settled law, the State cannot perfect title by adverse possession against its own citizens – Trial Court’s and First Appellate Court’s findings denying identity and ownership unsustainable – Held: State precluded from claiming adverse possession; plaintiffs’ title stands established [Paras 19–25].

Title and Identity – Establishment through Defendant’s Admissions – Reversal of Concurrent Findings – Once State claimed adverse possession, identity of A.0.09 decimals in Plot No.1575 stands admitted – Concurrent findings that plaintiffs failed to identify suit land contradicted legal effect of State’s plea – High Court interferes with concurrent findings under Section 100 CPC as findings were perverse and contrary to settled principles [Paras 22–26].

Relief – Partial Decree – Declaration of Title and Direction for RoR Correction – Suit dismissed for A.0.03 decimals of Hal Plot No.1563 (“Smasana”) – Suit decreed for A.0.09 decimals of Hal Plot No.1575 – Plaintiffs declared owners; State declared to have no right, title or interest – Possession confirmed in favour of plaintiffs – State directed to correct RoR accordingly – Appeal allowed in part [Paras 27–29].

Criminal Law - Money Laundering – Freezing of Property – Requirement of "Reason to Believe" – Section 17(1A), PMLA – Freezing orders dated 05.09.2018 passed by ED under Section 17(1A) were held invalid as they were based solely on "suspicion" without material or reasons recorded in writing – Court held "suspicion" is not equivalent to "reason to believe" and cannot justify action under PMLA – Procedural non-compliance with Rules 3 and 4 of the 2005 Freezing Rules also found – Held: Orders unsustainable in law [Paras 59–67]

Attachment Proceedings – Section 8(3), PMLA – Misreading of 90-day Clause by Tribunal – Tribunal’s interpretation that investigation must be completed within 90 days under Section 8(3)(a) was held erroneous – Court clarified: 90-day limit pertains to duration of attachment/retention during investigation, not to the investigation itself – Held: No statutory time limit prescribed for completion of investigation under PMLA [Paras 37–42]

Property Freezing – Whether Person Must Be Accused – Respondent not named as an accused, but husband was – Court followed Union of India v. J.P. Singh and held that continuation of freezing under Section 8(3) does not require the person holding property to be an accused, as long as property is linked to alleged money laundering and prosecution complaint is pending [Paras 45–48]

Procedural Safeguards – Violation of Section 17 and Related Rules – Freezing orders failed to show compliance with mandatory procedure under Section 17(1), (1A), and (4) – No proper “reason to believe”, no material disclosed to Adjudicating Authority as required – Court reiterated that freezing impacts right to property under Article 300A and strict adherence to procedure is essential [Paras 52–68]

Function of Adjudicating Authority – Misapplication of Terminology – Confusion Between Retention, Continuation, Confirmation – Court found the adjudicating authority’s orders mechanically reproduced pleadings and failed to apply mind – Incorrect terminology used (retention granted when continuation was sought) – Held: Process vitiated due to non-application of mind and procedural errors [Paras 71–79]

Statutory Interpretation – Specific Terms Not Interchangeable – Court clarified that terms such as "freezing", "retention", "continuation", and "confirmation" are distinct and refer to different statutory processes – Lumping them together renders the orders legally defective [Paras 74–75]

Decision: Appeals dismissed – Freezing orders held illegal and procedurally defective – Tribunal’s decision to unfreeze accounts upheld – Procedural safeguards under PMLA not followed – ED’s reliance on suspicion without material held unsustainable – Pending applications disposed of – No costs awarded.

Criminal Law – Attachment Order - Prevention of Money Laundering – Attachment of Property – Flat purchased by respondent through unregistered agreement from a company under winding-up – Tribunal quashed ED's attachment – High Court held that no valid title passed through unregistered agreement – Held: Respondent had no ownership; property continued to vest with United Breweries (Holdings) Ltd – Flat rightly attached as proceeds of crime under Section 2(1)(u), PMLA – Tribunal erred in ignoring legal position on title transfer and statutory scheme under PMLA [Paras 25, 34–40, 42, 46–47]

Winding Up – Void Transactions – Agreement to Sell entered after winding-up petition filed – No leave of Company Court taken – Held: Transaction void under Section 536(2), Companies Act – Official Liquidator’s no objection was not bona fide – Registration of sale deed during pendency of restoration proceedings held invalid [Paras 36–37, 46]

Property Law – Ownership – Unregistered Agreement to Sell – Mere agreement does not confer title – Held: As per Section 54 of the Transfer of Property Act and Suraj Lamp case, only registered conveyance creates ownership rights – Buyer at best had a right to seek specific performance – Respondent had no legal interest in property [Paras 38–41]

PMLA – Procedural Compliance – Freezing and Attachment – Provisional attachment by ED was in accordance with Section 5 and confirmed by Adjudicating Authority – High Court reiterated importance of procedural safeguards under PMLA – Cited Opto Circuits (2021) 6 SCC 707 to reaffirm that failure to follow mandatory procedure renders freezing invalid – In present case, ED complied fully [Paras 21–24]

Restoration of Property – Public Sector Banks – Banks holding public funds passed stringent tests under PMLA – Special Court ordered restoration of attached assets to bank consortium – Respondent suppressed facts during sale deed registration – Held: Conduct not bona fide, undermined pending PMLA and winding-up proceedings [Paras 44–45]

Decision: Appeal allowed – Order of Appellate Tribunal quashing attachment set aside – Flat No. 7A held to be validly attached as proceeds of crime – Respondent held to have no title – Sale deed executed during pendency of proceedings declared invalid.

Negotiable Instruments – Cheque Dishonour – Secondary Evidence – Original Cheque Lost – Complainant sought to mark photocopy of cheque under Section 65 of Evidence Act after discovering original was missing – Trial Court rejected plea citing lack of explanation and absence of return memo – Held: Respondent had not denied existence of cheque but only disputed ink and handwriting – Court directed that photostat copy be marked as primary evidence – All defences left open for trial [Paras 2, 4, 5]

Criminal Procedure – Revision – Interference with Trial Court’s Discretion – Rejection of secondary evidence without considering surrounding documentary evidence including promissory note, legal notice, reply – Held: Trial Court erred in mechanically rejecting the application – Revision allowed to avoid miscarriage of justice in a long pending matter [Paras 4, 5]

Evidence Act – Secondary Evidence – Photostat Copy – Permissibility – Where original cheque is lost and its existence is corroborated by other documents such as promissory note and notices – Held: Photocopy admissible under Section 65 of Evidence Act – Respondent free to challenge genuineness during trial [Paras 4, 5]

Trial Directions – Expeditious Disposal – Case pending since 2014 – Directed to be posted on day-to-day basis and completed within two months from receipt of order [Para 6]

Decision: Criminal Revision allowed – Order of trial court set aside – Photostat copy of cheque permitted to be marked as primary evidence – Trial Court directed to complete trial within two months – Connected Criminal Miscellaneous Petition closed [Paras 5-7]

Service Law – Municipal Recruitment – Sanitation Workers – Daily wage CLR workers with long years of service permitted to participate in selection pursuant to interim court orders – Selection conducted on merits along with Employment Exchange candidates – Wider zone of consideration permissible – No illegality in appointing daily wagers who succeeded in selection – Employment Exchange-only restriction not absolute – Writs by daily wage workers allowed; writs by Employment Exchange candidates dismissed [Paras 19–27].

Regularisation – Daily Wage / CLR Workers – No automatic right to regularisation – However, when daily wage workers were allowed to participate in a full, competitive selection process and emerged successful, their appointment cannot be denied – Distinction drawn between “regularisation as of right” and “appointment after due selection” [Paras 19–21].

Employment Exchange – G.O. dated 22.04.1982 – Employment Exchange sponsorship mandatory in ordinary circumstances – However, following Excise Superintendent v. K.B.N. Visweshwara Rao principle, Employment Exchange cannot be sole channel – Fair selection requires wider notification or inclusion of eligible workers – Daily wage workers validly included in selection pursuant to Court order – No bar to considering them on merit [Paras 20–22].

Constitutional Law – Equality in Public Employment – Restricting selection exclusively to Employment Exchange candidates may deprive eligible persons of opportunity – Court relied on Visweshwara Rao to uphold broader zone of consideration – Selection found fair, merit-based, and uniform for both groups [Paras 21–23].

Recruitment Process – Validity – Municipality produced consolidated select list; no allegation of exclusion, bias or mala fides – All candidates (Employment Exchange nominees + CLR workers) evaluated under same criteria – Selection upheld as lawful [Para 23].

Relief – Petitioners (CLR workers) in WP(C) Nos. 15142 & 15146/2023 directed to be appointed as Substitute Sanitation Workers as per merit list – WP(C) 15500/2023 & 20483/2025 (Employment Exchange candidates) dismissed except to extent selected candidates among them will be appointed – WP(C) 37605/2024 partly allowed with direction to include CLR workers with >10 years’ service in future selection in Thrippunithura Municipality [Final Paras].

Criminal Law – Police Harassment – Herbal Hookah in Restaurant – Petitioner alleged police interference with lawful restaurant operation citing alleged sale of tobacco-laced hookah – Petitioner claimed use of only herbal substances without nicotine – Held: Police not to interfere with restaurant business unless illegal activity is found – Direction issued to petitioner to approach FSSAI for certification [Paras 1-3, 7-8]

Tobacco Control – COTPA Act – Section 4A – Hookah Bars – State amendment prohibits hookah bars – Whether petitioner’s hookah product contains tobacco or nicotine is a factual issue to be verified by competent authorities – Held: Court cannot act on mere oral claims – Matter to be decided by FSSAI and not by the Court [Paras 5-6]

Food Safety – Jurisdiction of FSSAI – Products inhaled via hookah without tobacco/nicotine fall within the definition of “food” under Section 2(za) of the Food Safety and Standards Act, 2006 – FSSAI to test samples and verify composition – If product is free of tobacco/nicotine, petitioner can continue operating hookah bar [Paras 6-9]

Police Powers – Surveillance vs Harassment – Though restaurant is located near educational institutions, police can only act if illegal activities are found – General interference in routine lawful business not permitted – Police liberty preserved to act if any illegality is detected [Paras 4, 10]

Decision: Petition disposed of – Petitioner directed to approach FSSAI with product ingredients – Police restrained from interference in lawful business unless illegality is found – Petitioner at liberty to continue business if products are certified tobacco/nicotine-free [Para 8]