Civil Law - Power of Attorney – Sale Deed – Fraud and Collusion – Loan Transaction Disguised as Sale – Plaintiff pleaded that power of attorney and earlier sale agreement were executed only as security for a loan of Rs.5,00,000/- – Power agent cancelled earlier agreement and executed sale deed in favour of third defendant without plaintiff’s knowledge – Multiple registered documents executed on the same day – Production of life certificate though plaintiff allegedly present – Suspicious circumstances not satisfactorily explained – Passing of sale consideration not proved – Held: Sale deed dated 04.10.2013 invalid and void [Paras 11–28].

Sale Agreement – Sham and Nominal Transaction – Defendants pleaded borrowing of Rs.5,00,000/- but agreement reflected advance of only Rs.50,000/- – Pleadings and evidence mutually destructive – First defendant not examined – Agreement subsequently cancelled during pendency of suit – Held: Agreement not genuine or enforceable [Paras 21–28, 38].

Evidence – Registered Documents – Presumption and Rebuttal – Registration by itself does not sanctify a transaction – Presumption stands displaced where surrounding circumstances indicate fraud and improbability – Section 92 of the Evidence Act does not bar proof of sham or colourable transactions [Paras 15–26].

Receipt for Consideration – Proof – Undated receipt – Material particulars filled subsequently in ink – Plaintiff’s presence not established – Attesting witness did not speak to passing of consideration – Held: Receipt unreliable and insufficient to prove payment of sale consideration [Paras 24–25].

Possession – Vacant Site – Possession Follows Title – Sale deed having been declared invalid, purchaser cannot claim lawful possession – Plaintiff’s title subsists – Held: Plaintiff deemed to be in possession of suit property [Paras 29–30].

Civil Procedure – Relief Beyond Pleadings – Money Decree – Trial Court granted decree directing plaintiff to repay Rs.5,00,000/- though second defendant neither pleaded nor filed counter-claim – Violates principle of judex ne eat ultra petita partium – Decree granted without court fee – Held: Money decree unsustainable and liable to be set aside [Paras 31–37].

Court’s Power to Mould Relief – Limits – Court may grant lesser or appropriate relief but cannot grant a relief not prayed for – Inherent powers under Section 151 CPC cannot be exercised contrary to pleadings and statutory requirements [Paras 34–36].

Decision: Appeal dismissed – Declaration that sale deed dated 04.10.2013 is null and void confirmed – Direction of trial court directing plaintiff to pay Rs.5,00,000/- with interest to second defendant set aside – Suit decreed in favour of plaintiff without any relief to defendants – Costs awarded.

Writ Petition – Parole – Delay and Laches – Maintainability – Petitioner sought quashing of order rejecting parole dated 04.09.2024 and direction for release on parole – Petition filed after lapse of more than one year without any explanation – Held: Extraordinary jurisdiction under Article 226 is discretionary – A litigant who sleeps over his rights for a considerable period is not entitled to equitable relief – Delay defeats equity – Petition liable to be dismissed on the ground of delay and laches alone [Paras 5–6].

Parole – Rejection Order – Challenge after Inordinate Delay – Petitioner convicted under POCSO Act and undergoing sentence – Application for parole rejected – No justification furnished for approaching the High Court belatedly – Mere assertion of good conduct in jail and length of custody not sufficient to overcome unexplained delay – Writ Court not obliged to revive a stale cause of action [Paras 2, 5–6].

Article 226 – Discretionary Jurisdiction – Equitable Relief – Though no statutory limitation prescribed for filing writ petition, same must be invoked within a reasonable time – High Court may refuse to exercise jurisdiction where negligence or inaction is attributable to the petitioner – Relief rightly declined [Paras 5–6].

Judicial Precedent – Delay Defeats Equity – Supreme Court in Mrinmoy Maity v. Chhanda Koley reiterated that writ courts should not entertain stale claims – Even fundamental rights claims may be declined if approached belatedly without satisfactory explanation – Principles applied to parole matters as well [Paras 5–6].

Decision – Writ petition dismissed – Rejection of parole not interfered with on account of unexplained delay of more than one year – Pending miscellaneous applications also dismissed.

Criminal Law – Appeal Against Acquittal – Scope of Interference – State challenged acquittal of accused for offences under Sections 279, 337, 338 IPC and Section 187 MV Act – Reiterating settled law, High Court held that interference with acquittal is permissible only if findings are perverse, based on misreading or non-consideration of material evidence, or if only one conclusion of guilt is possible – If two reasonable views are possible, acquittal must be upheld [Paras 12–14].

Motor Vehicle Accident – Rash and Negligent Driving – Contradictory Ocular Evidence – Prosecution relied primarily on testimonies of injured motorcyclist (PW1) and pillion rider (PW2) – Their statements regarding place and manner of accident were inconsistent inter se and contradicted the site plan – Held: Such contradictions materially affect credibility and fail to establish negligence beyond reasonable doubt [Paras 15–17].

Evidence – Site Plan and Mechanical Inspection – Prevailing Over Inconsistent Oral Testimony – PW1 and PW2 claimed accident occurred on unmetalled portion of road – Site plan showed point of impact on metalled portion – PW2 stated motorcycle hit rear of bus, whereas mechanical report showed damage to bus headlight – Held: Documentary and scientific evidence did not support prosecution version [Paras 17–18].

Witness Testimony – Non-Eyewitness – PW6, who took injured to hospital, admitted accident did not occur in his presence – Held: His testimony could not corroborate prosecution case regarding negligence [Para 19].

Presumption of Innocence – Reinforced After Acquittal – Trial Court’s appreciation of evidence found to be reasonable and plausible – High Court declined to substitute its own view merely because an alternative view was possible – Reinforced presumption of innocence after acquittal respected [Paras 20–21].

Decision – Appeal dismissed – Judgment of acquittal dated 12.06.2014 affirmed – Accused directed to furnish bonds under Section 437-A CrPC / Section 481 BNSS – Records ordered to be returned – Pending applications disposed of.

Civil Law – Closure of Evidence – Repeated Opportunities – Justification – Family Court closed the petitioner’s right to lead evidence after granting multiple opportunities spanning several dates – Petitioner failed to produce any witness despite directions to do so on self-responsibility – Held: Courts are not required to wait indefinitely for a party to lead evidence – Non-production despite repeated opportunities is a conscious act and consequences must follow [Paras 3–4, 8].

Maintenance Dispute – False Plea as Ground for Adjournment – Petitioner sought adjournment on the ground of non-payment of maintenance – Record revealed that entire arrears of maintenance amounting to ₹16,80,000/- had already been paid and regular payments were being made – Held: Plea of non-payment of maintenance raised for seeking adjournment was palpably false and could not justify repeated defaults in leading evidence [Paras 5–7].

Supervisory Jurisdiction – Article 227 – Scope and Limitations – High Court reiterated that jurisdiction under Article 227 is supervisory and corrective in nature – Interference warranted only in cases of grave dereliction of duty, perversity, miscarriage of justice or violation of fundamental principles of law – Reappreciation of evidence or substitution of conclusions impermissible – No such ground made out in the present case [Paras 9–10].

Family Court Proceedings – Procedural Discipline – Closure of evidence upheld where party showed continued laxity and failed to comply with procedural directions – Trial Court’s order found neither arbitrary nor perverse – Procedural discipline essential to ensure expeditious disposal of matrimonial disputes [Paras 8–10].

Decision – Petition dismissed – Order dated 24.04.2024 closing the petitioner’s right to lead evidence affirmed – Parties directed to appear before the Trial Court on 16.01.2026 – Pending applications disposed of.

Senior Citizens Act vs. PWDV Act – Right to Shared Household – Interim Protection – Petitioner-daughter-in-law challenged eviction order passed under Rule 22 of Delhi Rules, 2009 under Senior Citizens Act – Cited S. Vanitha v. Deputy Commissioner where Supreme Court held that rights of women under PWDV Act must be harmoniously construed with Senior Citizens Act – Held: Prima facie case made out that petitioner's rights under PWDV Act not adequately considered by the authorities [Paras 1–2, 4].

Domestic Violence Act – Interim Protection – Petitioner already granted interim protection in DV proceedings on 18.08.2022, restraining respondents from interfering with her possession in shared household – Magistrate had found mutual instigation but declined to oust her – Held: Existing DV order supports prima facie right to reside – Impugned orders fail to consider its impact [Paras 3–4].

Constitutional Law – Harmonious Construction – Both PWDV Act and Senior Citizens Act are special legislations enacted for vulnerable groups – Supreme Court in S. Vanitha (2021) 15 SCC 730 held that residence rights under PWDV Act cannot be nullified by summary eviction under Senior Citizens Act – Held: Both statutes must be read in harmony to uphold justice and social welfare goals [Para 2].

Interim Relief – Possession Protection – Considering the pending appeal and subsisting interim protection, Court directed parties to maintain status quo regarding title and possession of property – Held: Interim protection warranted in interest of justice pending reply from respondents [Paras 5–7].

Decision: Notice issued – Status quo regarding title and possession to be maintained – Matter to be listed on 03/02/2026 for further hearing [Paras 5–8].

Family Law - Legal Guardianship – Parens Patriae Jurisdiction – Comatose Patient – Petitioner-wife sought appointment as guardian of her husband who has been in vegetative state since February 2025 due to intracranial haemorrhage – Medical Board confirmed 100% disability and vegetative state – SDM's inquiry verified personal, financial, and familial details – Held: In absence of statutory framework under RPWD Act or Mental Healthcare Act, High Court can invoke parens patriae jurisdiction under Article 226 to protect the welfare of a person incapable of decision-making [Paras 1–13, 16–19, 22].

Guardianship – Consent of Legal Heirs – Respondents No. 2 and 3 (children of the petitioner and the comatose person) filed affidavits of no objection and appeared virtually to support petition – SDM report confirmed no conflict of interest or adverse circumstances – Held: Petitioner-wife found suitable and eligible for appointment as guardian [Paras 14–15, 17–18].

Property Management – Court Authorization – Court authorized petitioner to manage all movable and immovable assets of comatose husband, including bank accounts, mutual funds, insurance, and residential properties – Direction issued to use assets towards medical and daily expenses of the patient – Held: Court empowered to issue such directions in absence of legislation, guided by best interest and wishes of incapacitated person [Para 22].

Decision: Petition allowed – Prof. Alka Acharya appointed as legal guardian of Mr. Salam Khan – Authorized to manage all movable and immovable assets of the comatose patient for his care and benefit – Petition disposed of accordingly [Paras 22–23].

Service Law – Seniority – Challenge after Long Delay – Acquiescence and Laches – Petitioner challenged seniority list of Senior Assistants issued in 1995 by filing representation only in 2006 and writ petition in 2008, shortly before retirement – Seniority list had been duly circulated and acted upon for promotions – Held: Challenge raised after more than a decade is barred by delay, laches and acquiescence – Settled seniority cannot be unsettled at the fag end of service [Paras 5, 5(i), 5(ii), 5(iv)].

Service Law – Seniority Lists – Reopening of Settled Position – Impermissibility – Seniority list remained unchallenged for over 10–14 years – Petitioner had accepted the position and earned promotion to Superintendent Grade-II based on same seniority – Held: Fence-sitters cannot be permitted to reopen settled seniority causing administrative chaos – Reliance placed on Shiba Shankar Mohapatra and allied Supreme Court precedents [Paras 5(iv), 5(vii)].

Delay and Laches – Representation – No Fresh Cause of Action – Mere filing of representation after long lapse of time does not revive a stale or dead claim – Rejection of representation does not furnish fresh cause of action – Held: Limitation and laches must be examined from original cause of action i.e. issuance of seniority list in 1995 [Paras 5(v), 5(viii)].

Service Law – Knowledge of Wrong – Plea of Subsequent Discovery Rejected – Plea that petitioner came to know of alleged illegality only in 2005 held misconceived – Petitioner had knowledge of seniority placement since 1995 and had accepted promotions based on it – Held: Plea is an afterthought to overcome delay and laches [Para 5(iii)].

Military Service Benefit – Seniority on Re-employment – Delay in Challenge – Allegation that private respondent was wrongly granted benefit of approved military service for seniority – Held: Even if such plea is assumed, it ought to have been raised when seniority list was issued – Instructions of 1983 cannot retrospectively negate rights flowing from statutory Rules of 1972 – Belated challenge not maintainable [Para 7].

Judicial Review – Discretion under Article 226 – Self-Imposed Restraint – Writ court will decline interference where unexplained delay, negligence and acquiescence are established – Equity disfavors unsettling crystallized rights of third parties in service matters [Paras 5(ix), 5(x)].

Decision – Petition dismissed – Rejection order dated 21.11.2007 upheld – Challenge to seniority list of 1995 rejected on ground of delay, laches and acquiescence – Parties to bear own costs [Para 8].

Civil Law – Condonation of Delay – Delay of 853 days in filing restoration application under Order IX Rule 9 CPC – Applicant, daughter and power of attorney holder of deceased appellant, failed to respond to repeated notices for bringing LRs on record – Held: No “sufficient cause” shown for prolonged inaction – Medical records produced were sporadic and did not establish incapacity – Ignorance of proceedings not believable in view of her active role in earlier litigation – Application dismissed [Paras 5–14]

Limitation – Restoration of Dismissed Petition – Power of Court – Delay must be justified with reasonable and bona fide cause – Court distinguished between a mere “excuse” and a valid “explanation” – Absence of diligence and sustained inaction for over two years disentitles the applicant to discretionary relief – Reliance placed on Basawaraj v. Land Acquisition Officer, (2013) 14 SCC 81; Thirunagalingam v. Lingeswaran, SLP (C) No.17575/2023; Sheo Raj Singh v. Union of India, (2023) 10 SCC 531 [Paras 8–11]

Civil Procedure – Power of Attorney Holder – Legal Knowledge Presumed – Applicant acted as POA in trial and first appeal – Acknowledged by deceased appellant to have been responsible for filing Regular Second Appeal – Held: Applicant’s plea of lack of awareness is untenable and contrary to record – Plea rejected [Paras 6–7, 13]

Public Policy – Finality of Litigation – Delay in challenging settled decisions disrupts legal certainty – Court held that parties must not be allowed to reopen concluded issues after inordinate delay – Public interest and judicial discipline require finality in litigation [Paras 14–15]

Decision: Delay of 853 days not condoned – Applicant failed to establish “sufficient cause” for prolonged inaction – Restoration application held to be devoid of merit and dismissed – No grounds made out to recall dismissal of CMP(M) No. 695 of 2020 – Litigation deemed concluded [Para 16]

Tenancy Law - Landlord-Tenant – Eviction – Bona Fide Requirement – Elderly widow landlady aged 84 years sought eviction of tenants from outhouse premises for accommodating full-time domestic help – Held: Requirement of domestic help is legitimate and included in bona fide need of landlord – Landlord has full discretion over how and with whom to reside – Courts cannot dictate standards of living or preferred residential arrangements [Paras 1–3, 6–10]

Rent Control – Scope of Revisional Jurisdiction – Section 24(5) of HP Urban Rent Control Act – Power of High Court under revision is narrower than appellate power – Cannot reappreciate evidence or reassess findings of fact unless findings are perverse, illegal or based on no evidence – Reliance placed on SC decision in Hindustan Petroleum Corp. Ltd. v. Dilbahar Singh, (2014) 9 SCC 78 – Interference with concurrent findings not warranted where findings are supported by evidence and grounded in law [Paras 4–5, 14]

Bona Fide Requirement – Domestic Help – Validity – Courts across jurisdictions including Delhi and Allahabad High Courts have recognized that accommodation for drivers, servants, maids, etc., can form part of landlord's bona fide need – Where landlord is aged or has lifestyle requiring support staff, need cannot be termed fanciful or excessive [Paras 7–10]

Landlord's Intention to Sell – Allegation by Tenants – Mere attempt to sell property in past or bald statement of witness not sufficient to defeat bona fide requirement – In absence of documentary evidence proving intent to evict for resale, eviction cannot be denied – Supported by SC ruling in Krishna Kumar Rastogi v. Sumitra Devi, 2015 (1) Civil Court Cases 464 (SC) [Paras 12–13]

Landlord’s Autonomy – Standard of Living – Law recognizes landlord’s right to decide how to use property – Bona fide requirement must be judged from landlord’s perspective, not through subjective standards of court – Supported by SC in Pravita Devi v. T.V. Krishnan, 1987 (2) RCR 581 (SC) [Paras 6, 11]

Decision: All three revision petitions dismissed – High Court upheld concurrent findings of Rent Controller and Appellate Authority – Eviction orders sustained – Need for domestic help held to be part of landlord’s bona fide residential requirement – Alleged intention to sell held irrelevant and unsupported by evidence – Pending miscellaneous applications also dismissed [Para 15]