Writ - Issue of Protection in a Live-in Relationship – Addressed – The petitioners sought protection from interference and harassment by family members in their live-in relationship. They claimed their relationship was threatened by the respondent, primarily petitioner No.1's father. The petitioners also sought a legal mandate to prevent such interference and for the provision of security. [Para 2-3]

Legal Status of Petitioner No.1's Marriage – Examined – Petitioner No.1, a married Muslim woman without a formal divorce, cohabiting with Petitioner No.2. The court considered the legal implications of this arrangement under Muslim Law and the Indian Penal Code, referring to previous rulings that such relationships do not qualify as 'live-in relationships' or 'relationships in the nature of marriage.' [Para 6-9, 11]

Principle of Legal Right for Mandamus – Applied – The Court evaluated the requisites for issuing a writ of mandamus. It concluded that a writ can only be issued if there is a legal right to the performance of a legal duty. The relationship between the petitioners, in violation of existing laws, did not constitute a legally protected right. [Para 10, 13]

Decision – Dismissal of the Petition – The court dismissed the petition, noting that the relationship between the petitioners, being in violation of Muslim Law and Sections 494 and 495 of the IPC, cannot be legally protected or supported by the Court. The petitioners' request for protection and non-interference was thus held to be without legal basis. [Para 14-15]

Fraudulent Manipulation of Revenue Records – Writ Petition – Challenge against orders by Additional Commissioner and Prescribed Authority – Petitioner contests fraudulent entry in revenue records by Ram Naresh (Lekhpal), manipulation of land records, and subsequent orders based on these fraudulent entries – Inquiry reveals unauthorized changes in records – Supreme Court’s principles on fraud applied – Orders obtained through fraud deemed nullities – Impugned orders set aside, restoring land in favor of petitioner. [Paras 1-40]

Mutation and Land Allotment Fraud – Alleged fraudulent actions by Ram Naresh (Lekhpal) in tampering revenue records and manipulating mutation entries for personal benefit – Unauthorised mutation of Plot No. 521 in favor of Ram Naresh, leading to various legal complications and disputes [Paras 4-6, 18, 20, 31, 36-37].

Inquiry Reports and Evidence of Fraud – Enquiry by the Chief Revenue Officer and Principal Secretary, Revenue, confirming unauthorized and fraudulent entries by Ram Naresh in revenue records – Manipulation of records without competent authority’s order [Paras 6, 16, 31, 36].

Legal Heir Substitution and Will Dispute – Rejection of petitioner’s application for substitution as legal heir based on a registered will – Additional Commissioner’s refusal to recognize petitioner as Kishore’s legal heir without a competent court’s decree [Paras 12, 28].

Principles of Fraud in Jurisprudence – Application of Supreme Court rulings on the impact of fraud on legal proceedings – Orders obtained through fraud treated as nullity, not recognized by law [Paras 32-34, 38].

Decision – Orders dated 21.06.2011, 16.07.2011, and 25.07.2011 by the Additional Commissioner, and orders dated 31.10.1996 and 04.08.1997 by the Prescribed Authority, set aside – Restoration of land in favor of Kishore and his successors – Costs of Rs. 50,000 imposed on respondents 5 and 6 [Paras 39-40].

Arbitration – Extension of Mandate – Application for Extension of Arbitral Tribunal’s Mandate under Section 29A of The Arbitration and Conciliation Act, 1996 – The Court considered an application for extension of the mandate of the arbitral tribunal under section 29A of the 1996 Act and exclusion of a specific period for the purpose of determining timeliness under the same Act. [Para 1]

Jurisdiction – Mandate of Arbitral Tribunal – Interpretation of Section 29A of The Arbitration and Conciliation Act, 1996 – Explored the seamless transition of the mandate of the arbitral tribunal through various stages under Section 29A, emphasizing its termination unless extended as per the Act. [Para 9-10, 14]

Limitation Act, 1963 – Application of Section 14 – Applied Section 14 of the Limitation Act, 1963, to the Arbitration and Conciliation Act, 1996, affirming the application’s timeliness based on continuous legal proceedings and entitlement to exclude time under Section 14. [Para 16-18, 21-22]

Jurisdiction of Calcutta High Court – Interpretation of Section 29A and Related Provisions – The Court addressed the jurisdictional challenge regarding the extension of the mandate, referring to the definition of “Court” under section 2(1)(e) of the 1996 Act and the appointing authority context in Section 11 of the same Act. [Para 25-28]

Decision – Extension of Mandate Granted – The application for extending the mandate of the arbitral tribunal was allowed, granting a three-week extension from the date of this judgment. The Court emphasized the sufficiency of cause shown by the petitioner. [Para 30-31]

Stay of Award Publication – Rejected – Given that the award was ready to be published, the Court considered and refused the prayer for stay. [Para 32]

Issue of Genuineness and Jurisdiction – The core issue raised involves the genuineness of certificates produced by the respondents for staff nurse positions – The Central Administrative Tribunal ruled it lacked jurisdiction over the direct challenge against the validity of certificates as these are issued by statutory bodies, i.e., Kerala and Tamil Nadu Nurses and Midwives Councils, which confirmed the registrations – The Tribunal cannot adjudicate on the validity of certificates as it does not pertain directly to recruitment or service matters, which falls under its jurisdiction – Held that the Tribunal correctly dismissed the petition based on jurisdictional limitations.

Collateral vs. Direct Challenge – Clarified the distinction between a direct challenge to the validity of qualifications (which is outside the CAT’s jurisdiction) and a collateral challenge, which the Tribunal can consider if it pertains to recruitment or service matters directly. In this case, a direct challenge to the registration by statutory councils was deemed inappropriate for CAT’s intervention.

Submission of Qualifications – Additional challenge regarding selected candidates allegedly submitting their qualifications post the cutoff date was dismissed – The notification required only copies attached with the application, not the originals by the cutoff date – There was no mandate for producing original documents by the notified cutoff, thereby negating the petitioner’s challenge.

Decision: The High Court affirmed the decision of the Tribunal which held that the genuineness of the certificates issued by statutory authorities could not be directly challenged in CAT. The original petition challenging the selection process based on the alleged invalidity of certificates was dismissed.

Adjudication Scope of CAT – Original petition raising questions about the Central Administrative Tribunal’s (CAT) authority to adjudicate the authenticity of certificates for staff nurse selection under the Lakshadweep Administration – Issues related to the genuineness of certificates from statutory authorities like the Kerala Nurses and Midwives Council and the Tamil Nadu Nurses and Midwives Council [Para 1].

Challenge Against Selection – Allegations of irregular and illegal appointments of respondents 3 and 4 as staff nurses – Dispute centered around the genuineness of their nursing certificates – Employment notice requiring candidates to have registration with the Nursing Council [Para 2].

Genuineness of Certificates – The High Court examined the scope of adjudication by the Central Administrative Tribunal concerning the genuineness of certificates for selection to the post of Staff Nurse. The Tribunal found no jurisdiction to directly challenge the validity of certificates issued by statutory councils, emphasizing the difference between a direct and a collateral challenge. [Paras 1-4]

Issue of Delay in Filing Challenge and Tribunal’s Jurisdiction – The Tribunal originally declined to interfere due to delay in challenging the selection. The High Court directed the Tribunal to rehear the matter, focusing on the merit and condoning the delay. The Tribunal affirmed the registration by Kerala and Tamil Nadu Nursing Councils, emphasizing its lack of jurisdiction in probing violations in certificate issuance. [Paras 2-3]

Challenge on Grounds of Late Submission of Credentials – The petitioner contended that the selected candidates submitted their credentials after the cut-off date. The Court found no requirement in the notification for submitting originals by the cut-off date, dismissing this challenge. [Para 5]

Decision – Dismissal of Petition – High Court of Kerala upheld the Tribunal’s decision, affirming the order and dismissing the original petition due to lack of merit in the allegations and the CAT's limited jurisdiction on the matter of certificate genuineness. [Paras 5, 7]

Domestic Violence Act – Applicability to Married Sister-in-Law Residing Separately – Question of Domestic Relationship – The High Court addressed whether a married sister-in-law, living separately in her own matrimonial home, can be included in a domestic violence case under the Protection of Women from Domestic Violence Act, 2005 (DV Act). The court examined the definitions of 'aggrieved person', 'domestic relationship', 'respondent', and 'shared household' in the DV Act. The Metropolitan Magistrate had dismissed the application against the petitioner, determining that no 'domestic relationship' existed as they never lived together in the shared household. The Sessions Court reversed this decision, which was challenged in this petition. [Para 2-5, 14, 27]

Interpretation of 'Domestic Relationship' under DV Act – The court emphasized that 'domestic relationship' is pivotal to ascertain whether a party can be an aggrieved person or respondent in a DV application. The core requirement for a 'domestic relationship' is living together in a shared household, either in the past or present. The case highlighted the distinction between actual residence and the right to reside in a shared household for establishing a domestic relationship. [Para 15, 20-21]

Distinction in Facts and Legal Interpretation – The court distinguished the petitioner's case from other decisions cited, where the aggrieved person's right to reside in the shared household established a domestic relationship. The court found these precedents inapplicable, as the petitioner, a married sister-in-law, lived separately and did not share a household with the respondent. [Para 17-19, 22-23, 26]

Decision – Dismissal of DV Application Against Petitioner – The High Court concluded that there was no subsisting domestic relationship between the petitioner and the respondent, as required under the DV Act. The mere occasional visits of the petitioner to the shared household did not constitute a domestic relationship. The court thus quashed the Sessions Court's order and reinstated the Metropolitan Magistrate's decision, dismissing the DV application against the petitioner. [Para 27-28]

Wakf Property – Suit Challenging Waqf Board’s Declaration: Challenge to the Maharashtra State Wakf Board's declaration of a property as Wakf property – Original defendants (applicants) contested the judgment of the Maharashtra State Wakf Tribunal, Aurangabad, in Wakf Suit Nos.4 of 2014 and 6 of 2014, which declared orders of the CEO of the Maharashtra State Wakf Board regarding the suit property as null and void. [Para 2, 4, 6]

Land Ownership – Tenancy Rights vs. Wakf Declaration: Dispute over the nature of the property – The plaintiff claimed the suit land as inherited tenanted property, while defendants argued it was Wakf land based on Government Gazette notification and Wakf Board's declaration. [Para 7, 8, 9]

Judicial Review of Wakf Tribunal and Board's Decision: Examination of the validity of the Maharashtra State Wakf Tribunal and the Wakf Board's decisions – Tribunal found in favor of the plaintiff, declaring him the owner and possessor of the suit land and setting aside the CEO’s orders as illegal. [Para 12, 13, 14]

Jurisdiction of Wakf Board Over Tenancy Rights: Assessment of Wakf Board's jurisdiction in relation to tenancy rights established under the Tenancy Act – Court held that Wakf Board does not have overriding jurisdiction over tenancy issues decided under the Tenancy Act. [Para 24, 25]

Limitation Period for Challenging Wakf Board's Orders: Discussion on the limitation period for challenging orders of the Wakf Board under Section 54 of the Wakf Act, 1995 – Tribunal's decision upheld as the plaintiff filed petitions within the prescribed limitation period from the date of knowledge of the impugned orders. [Para 31, 32, 40]

Validity of Government Gazette Notification in Declaring Wakf Property: Examination of the legality of Government Gazette notification declaring property as Wakf – Court held that mere issuance of notification without a survey under the Wakf Act does not constitute valid declaration of a Wakf property. [Para 28, 29]

Decision of High Court: High Court dismissed the revision applications, affirming the Tribunal's findings and decisions – Held that the impugned orders of the Wakf Board were void and that the plaintiff was the legitimate owner of the suit land. [Para 44, 45]

Quashing of Summoning Order - Application under Section 482 of Cr.P.C. to quash summoning order dated 22.07.2022 in Complaint Case No.83520 of 2021 under Section 138 N.I. Act - Allegations of fraudulent issuance and dishonor of cheques worth Rs. 5 Crores each for a hotel sale transaction. [Paras 3-5, 7, 10, 15]

Discrepancies in Cheque Transactions - Allegations of lost cheques and forged signatures - Cheques presented with forged signatures and mismatched details - Bank's alleged failure to adhere to proper procedure in dishonor of cheques. [Paras 8, 11-13, 15]

Legal Interpretation of Section 138 N.I. Act - Strict interpretation required - Dishonor of cheque for insufficiency of funds or amount exceeding the arrangement with the bank - Necessity of legally enforceable debt or liability for offense under Section 138. [Paras 28, 29]

Trial Court's Failure to Properly Assess Evidence - Impugned summoning order passed without considering evidence presented by applicants - Prima facie observations suggest significant differences in signatures on cheques and sale deed - Forensic report supporting applicants' claim. [Paras 22-25, 34]

Distinction Between Civil Wrongs and Criminal Offences - Present case predominantly a civil wrong - Lack of ingredients for a criminal offense under N.I. Act - Possibility of parties entering into an agreement or MoU and compounding offense. [Paras 26, 27, 31]

Remand to Trial Court for Fresh Adjudication - Summoning order and entire proceeding set aside - Trial court directed to pass a fresh order within four months considering the Supreme Court's judgments and observations made. [Para 40]

Criminal Procedure Code, 1973 – Section 482 – Quashing of Criminal Proceedings – The Allahabad High Court exercised its inherent powers under Section 482 of the Criminal Procedure Code, 1973 to quash the criminal proceedings in four interconnected cases. The cases involved allegations of kidnapping and abduction for marriage, with applicants seeking to quash the charges and subsequent proceedings. [Para 1, 18]

Factual Matrix – Each case shared a common factual pattern where the couples, having attained majority, had eloped and married against the wishes of their families. Subsequent criminal proceedings were initiated by the families alleging kidnapping and abduction under Sections 363 and 366 of the IPC. [Para 6, 11]

Legal Analysis – The Court analyzed the legal provisions and the circumstances of each case, noting that the couples had voluntarily chosen their partners and were living as married couples with children. The Court observed that continuing the criminal proceedings would cause undue hardship and stress to the families involved. [Para 10-17]

Judicial Approach – Balancing Law and Social Dynamics – The Court emphasized the need to balance strict legal provisions with the dynamics of society and individual rights. It acknowledged the role of the judiciary in considering the broader implications of its decisions on individuals and societal order. [Para 15, 16]

Precedents – Reference was made to similar judgments by the Supreme Court of India, which upheld the rights of individuals over the age of 18 to make their own life choices, including the choice of a life partner. [Para 13, 14]

Decision – Quashing of Criminal Proceedings – The Court quashed the criminal proceedings against the applicants, citing the need for a humane approach in the application of law and considering the well-being of the young couples and their children. The Court held that further prosecution would only cause unwarranted hardship. [Para 18, 19]