Service Law – Regularization of Service – The petitioner sought the antedating of his regularization as a Homeopathic Assistant either to his initial engagement date in 1992 or the date of sanction of the post in 2000. The court held that the petitioner’s service regularization was correctly dated to 06.03.2019, the date of the prior order of the High Court. The court rejected the petition, finding no legal or factual justification to support the request for earlier regularization dates [Paras 1-12].

Misrepresentation and Suppression of Facts – The court found that the petitioner had suppressed material facts regarding his temporary engagement on an ad hoc basis in 1996. This information was pivotal to the case and had been omitted in prior proceedings. The court invoked the legal principle that fraud and justice cannot coexist and rejected the petitioner’s claim on these grounds [Paras 8.1-8.4].

Decision:

Writ Petition dismissed – No legal ground was found for the antedating of the petitioner’s regularization. The court upheld the administrative decision to regularize the petitioner’s service with effect from 06.03.2019 [Paras 9-10].

Criminal Law – Murder – Circumstantial Evidence – Homicidal Death – The appellant was convicted under Section 302 of the IPC for the murder of his wife. The case was based on circumstantial evidence, including a history of marital discord and the appellant's failure to provide a reasonable explanation for his wife's death, which occurred within their home. The post-mortem report revealed injuries inconsistent with the appellant’s claim of accidental death due to a fall [Paras 1-30].

Section 106 of the Evidence Act – Burden of Proof – The court held that in cases of unexplained deaths within the home, the onus is on the accused, under Section 106 of the Evidence Act, to explain the circumstances leading to the death. The appellant failed to offer any plausible explanation for the homicidal injuries found on the deceased [Paras 31-40].

Marital Discord – Previous Abuse as Evidence – Testimony from the couple’s children and letters written by the deceased prior to her death established a history of abuse by the appellant, further corroborating the prosecution’s case. The court found that these factors, combined with the absence of any alternative explanation from the appellant, supported the conviction [Paras 41-50].

Decision: Appeal dismissed. The judgment of conviction and sentence passed by the trial court was affirmed.
 

Professional Misconduct – Advocates Act – Writ Petition allowed – The Court directed the Bar Council of India and the Bar Council of Tamil Nadu and Puducherry to initiate appropriate disciplinary actions against the 5th respondent under the Advocates Act, 1961, for creating forged rental agreements to illegally occupy the petitioner’s property – Emphasized the need for maintaining professional standards and integrity among advocates [Paras 8-9].

Forgery and Criminal Proceedings – Court noted that the forensic examination confirmed the signatures on the rental agreements produced by the 5th respondent were forged – Directed the police to proceed with the criminal case registered against the 5th respondent under Sections 419, 420, 465, 468, and 471 of the IPC [Paras 7-9].

Eviction – Writ of Mandamus – The Court directed the police to evict the 5th respondent from the petitioner’s property and hand over possession to the petitioner within 48 hours – Court stressed the urgency of upholding the petitioner’s property rights in light of the respondent's unlawful conduct [Para 9].

Decision: Writ Petition disposed of – Directions issued to the Bar Council of India and Bar Council of Tamil Nadu and Puducherry for disciplinary action – Criminal proceedings to continue against the 5th respondent – Eviction of the 5th respondent from the petitioner’s property ordered [Para 10].

Motor Accident Claims – Compensation Enhancement – Appeal for enhancement of compensation awarded for the death of a 19-year-old in a motor accident. The claimants argued that the MACT applied the wrong multiplier by considering the parents' ages instead of the deceased’s age. The Court held that, as per Sarla Verma, the correct multiplier should be based on the deceased's age (19 years), leading to a multiplier of 18 instead of 13. [Paras 1-25].

Daily Wage Employment – Proof of Income – The MACT erroneously rejected the deceased’s employment on daily wages, despite corroborative evidence from the employer and ledger records showing wages of Rs. 200 per day. The Court emphasized that non-compliance with labor laws by the employer cannot negate the deceased's income, as the standard of proof in such cases is "preponderance of probability," not "beyond reasonable doubt." [Paras 26-45].

Loss of Future Prospects – Following the principles laid down in Pranay Sethi, the Court granted an addition of 50% of the deceased’s established income towards future prospects, computing the base income as Rs. 4000 per month. The MACT's failure to apply this addition was rectified. [Paras 46-60].

Decision: The First Appeal was allowed in part, enhancing the compensation from Rs. 2,54,000 to Rs. 7,32,000. The Respondent insurance company was directed to pay the additional amount within three weeks, with interest at 8% per annum from the date of the claim petition until payment. [Paras 61-70].
 

Tax Law – Penalty for Undervaluation of Goods – Punjab VAT Act, 2005 – Appeals challenging the imposition of penalties under Section 51(7)(b) of the Punjab VAT Act for undervaluation of medicines imported into Chandigarh from Himachal Pradesh. The Checking Officer detained the goods, observing that the prices mentioned on the invoice were disproportionately lower than the Maximum Retail Price (MRP). The penalty was imposed on the presumption of tax evasion due to undervaluation. The Court held that mere discrepancies between the MRP and invoice prices do not conclusively prove an attempt to evade tax. VAT is payable only upon the actual sale of goods, and no sale had occurred in Chandigarh at the time of the imposition of the penalty [Paras 1-50].

Valuation of Goods – Jurisdiction of Assessing Authority – The Court ruled that the valuation of goods falls within the domain of the assessing authority and not the checking officer at the roadside. The imposition of penalties by the Checking Officer was premature, as no concealment or mens rea was demonstrated. The actual valuation should be determined by the assessing authority based on the sales transactions [Paras 45-65].

Decision:

Appeals allowed – Penalties imposed under Section 51(7)(b) quashed. The Court concluded that the action of the respondents was arbitrary and based on presumptions. The imposition of penalties without proper valuation by the assessing authority was held to be unlawful. All pending applications stand disposed of.

Quashing of Proceedings – Criminal Miscellaneous – Petitioners accused under Section 420 read with Section 34 IPC, relating to an alleged fraudulent act – The High Court noted that the trial courts and tribunals often adjourn matters based on oral submissions of stay orders, without verifying if such orders exist – In this case, the trial court had adjourned the case for seven years based on the parties’ claim of a stay from the High Court, when no such order was issued – Held: Petitioners directed to approach the trial court with a discharge petition – Directions issued to trial courts to verify the existence of stay orders before granting adjournments [Paras 2–7].

Judicial Procedure – Delay Due to Unverified Stay Orders – The trial court had delayed proceedings for over seven years due to the unverified claim of a stay by the parties – The High Court expressed concern over this trend and emphasized the availability of the High Court’s online case search facility to verify the status of stay orders – Directions issued to all subordinate courts and tribunals to avoid indefinite adjournments without verifying the existence of stay orders or affidavits – Such practices would now be taken seriously by the High Court, ensuring proper record-keeping and accountability [Paras 8].

Decision: Petitioners directed to file a discharge petition within 30 days – Trial court instructed to pass orders within six weeks after the filing – Presence of petitioners not required until the decision on the discharge petition, provided they have appeared and obtained bail – Directions to subordinate courts to prevent adjournments based on unverified claims of stay [Paras 9].

Wakf Law – Eviction Proceedings Under Section 52 of A.P. Wakf Act, 1995 – Legality of Corrigendum Notifications – High Court set aside the eviction orders issued under Section 52 of the A.P. Wakf Act, 1995, based on an erroneous Wakf notification dated 19.04.1962, which was corrected by a corrigendum issued in 2016. The Court held that the corrigendum notification should have been brought on record before initiating eviction proceedings. The failure to comply with procedural requirements rendered the eviction orders unsustainable. Additionally, the summary eviction under Section 52 was deemed inappropriate due to the long-standing possession and bona fide claims of the petitioners. The High Court restored possession to the petitioners. [Paras 19-49]

Title Dispute and Summary Proceedings – Court held that serious disputes regarding the title and long-standing possession raised by the petitioners could not be resolved through summary proceedings under Section 52 of the Act. The Court emphasized that such disputes should be adjudicated through regular civil suits rather than summary eviction processes. [Paras 33-44]

Erroneous Wakf Notification and Possession Rights – The High Court concluded that the Wakf Board’s reliance on the erroneous notification from 1962, without the proper corrigendum in place, could not justify eviction under Section 52. The petitioners’ long-standing possession and title claims were recognized, and the summary eviction was deemed unjustified. The Court stressed that the Wakf Board must adhere to proper procedures and respect the bona fide claims of individuals in possession. [Paras 26-32, 45-48]

Decision – The Civil Revision Petitions were allowed, and the orders of eviction passed by the Wakf Board and District Collector under Section 52 of the A.P. Wakf Act, 1995, were set aside. The possession of the scheduled lands was directed to be restored to the petitioners, with no order as to costs. [Paras 50-51]

Decision:

The Civil Revision Petitions were allowed. The impugned proceedings of the Wakf Board and the District Collector under Section 52 of the A.P. Wakf Act, 1995 were set aside. The possession of the scheduled lands was ordered to be restored to the petitioners [Paras 50-51].

Contract Law – Recovery of Debt – Hypothecation Agreement – Appellant challenged the trial court’s decree for recovery of Rs. 2,88,667.50 with interest at 15.5% p.a. The High Court upheld the decree with modifications to the interest rate. It ruled that while the plaintiff bank (SBI) is entitled to recover the principal amount and simple interest, the contractual rate of interest is not applicable post-decree. Instead, the court awarded simple interest at 12% p.a. from the date of the suit until redemption and 6% p.a. thereafter until realization [Paras 20-21].

Interest Rate – Judicial Discretion – The High Court exercised its discretion to modify the interest rate from the contractual 15.5% p.a. to 12% p.a., citing precedents on excessive interest rates and the special circumstances of the case, including the appellant’s financial condition and adherence to Reserve Bank guidelines [Paras 18-20].

Decision – Partial Allowance of Appeal – Held – The appeal was allowed in part by modifying the rate of interest from 15.5% p.a. to 12% p.a. from the date of suit till redemption and 6% p.a. thereafter till realization – The judgment of the Trial Court was otherwise affirmed, and each party was directed to bear their own costs – Miscellaneous petitions related to the appeal were dismissed [Paras 20-21].

Commercial Law – Pre-Institution Mediation – Applicability of Section 12A of the Commercial Courts Act, 2015 – The court reaffirmed that Section 12A mandates pre-institution mediation unless the suit “contemplates” urgent interim relief. The trial court had rejected the plaint on the grounds that pre-institution mediation was not exhausted. The appellate court set aside the trial court’s order, stating that the judge should have allowed the plaintiff’s assertion that urgent interim relief might be necessary and should have accepted the plaint without requiring mediation. The court held that once a suit is instituted, the rejection of the plaint under Order 7 Rule 11 is appealable as a decree.

Urgent Interim Relief – Interpretation and Application – The court discussed the interpretation of “urgent interim relief” under Section 12A, emphasizing that the determination should be based on the nature, subject matter, and averments in the plaint, including the potential need for relief during the mediation period. The appellate court criticized the trial court’s deeper probe into the merits at this stage, stating that such an approach was unnecessary and contrary to the legislative intent behind Section 12A.

Decision: The appeal was allowed. The trial court’s order rejecting the plaint was set aside, and the trial court was directed to hear the suit expeditiously without the pre-condition of mediation under Section 12A. The suit was to proceed with the acceptance that it did contemplate urgent interim relief.