Civil - Excise License – Fraudulent Transfer of FL-II License – License Restored – Collector’s Cancellation Upheld – Petitioners alleged impersonation and forgery in the transfer of their liquor license to Respondents 4 & 5 – Court found forged Aadhaar Card, mismatched signatures, and impersonation established by Excise Department’s inquiry – Transfer held void ab initio and Collector’s cancellation order restored [Paras 1–10, 16–24, 30–31].

Impersonation and Forgery – Excise Inquiry Confirmed Fabricated Documents – Petitioners established that affidavits, power of attorney, and ID proofs were falsified to impersonate original license holder – Excise Inspector admitted error in identity verification – Findings of Deputy Superintendent Inquiry accepted by Court [Paras 17–23].

Fraud Vitiates All – Authority Has Inherent Power to Recall Fraudulent Orders – Court invoked principles from Indian Bank v. Satyam Fibres and A.V. Papayya Sastry – Held: Even in absence of express review power, fraud permits recall – Fraudulently secured license cannot be legitimized by administrative oversight [Paras 24–26, 28–29].

Revisional Authority’s Failure – Non-Application of Mind – Decision Set Aside – Revisional Authority relied on vague police report, ignoring documentary proof of impersonation and Excise findings – Court held this to be a perverse and legally unsustainable approach [Paras 27, 30].

Relief – Restoration to Status Quo Ante – License Returned to Genuine Holder – Impugned orders quashed – License to be reinstated in petitioner’s name – Stay refused considering fraud proved on record [Paras 30–33].

Decision: Writ Petition allowed – Rule made absolute in terms of prayer clause (a) – Orders passed by the Appellate and Revisional Authorities quashed – License to be restored to the petitioners – Request for stay rejected [Paras 30–33].
 

Civil Writ - Challenge to Selection Process – Alleged Irregularities in Evaluation – Dismissed – Petitioners contended that there were discrepancies in marks, improper scaling, and procedural irregularities – Court held that the selection process was conducted as per rules and in absence of specific material irregularities, challenge was liable to be rejected [Paras 39-48].

Reservation Policy – Implementation of Horizontal Reservation – Properly Applied – Petitioners alleged violation of horizontal reservation for female, EBC, SC, and ST candidates – Court held that the Commission had correctly applied horizontal reservation in compliance with rules and government instructions [Paras 49-58].

Equivalence of Degrees – B.Tech Degree Holders Treated as Graduates – Valid – Petitioners raised objection regarding qualification criteria and equivalence of B.Tech degree – Court affirmed that B.Tech degree is equivalent to a graduate degree for the purpose of eligibility – Petitioners’ contention rejected [Paras 59-64].

Errors in OMR Evaluation and Rechecking – Commission's Stand Accepted – Petitioners challenged the Commission’s refusal to permit rechecking of OMR sheets – Court held that under the Rules, there is no provision for rechecking of OMR and evaluation was conducted correctly – Commission's process upheld [Paras 65-69].

Decision – Writ Petitions Dismissed – Court found no illegality or arbitrariness in the selection process – Selection process affirmed – All petitions dismissed with no interference called for [Paras 70-72].
 

Criminal Law - Attempt to Murder – Appeal against conviction - Firing in Open Court – Conviction Upheld – Heinous Act – Appellant, present in courtroom during cross murder trial, fired from close range at PW2 Ram Bharose Lal with country-made pistol – Court held act was intentional and premeditated, backed by enmity – Held: Appellant rightly convicted under Section 307 IPC and Section 25 Arms Act – No case made for sentence reduction [Paras 1–6, 34–41].

Eyewitness & Injured Witness – Credibility of Testimony – Relatives Not Disqualified – Court reaffirmed that testimony of injured victim (PW2) and nephew (PW1) could not be discarded merely due to relationship – PW2's presence undisputed, bullet still lodged in body during statement recording – His testimony corroborated by medical and investigative evidence – Held: Reliable and sufficient for conviction [Paras 23–30, 34–39].

Weapon Recovery – Arrest on Spot – Close Range Injury – Evidentiary Chain Intact – Appellant caught with loaded firearm inside courtroom – Recovery of five live cartridges and spent shell corroborated by seizure memo – Charring and tattooing on wound confirmed close-range shot – Held: Recovery and medical evidence strengthened prosecution case [Paras 4–6, 35–37].

Defective Investigation – Not Fatal – Courtroom Attack With Eyewitnesses – Alleged lapses like missing ballistic report or police staff testimony held immaterial in light of direct, cogent, and prompt evidence – Reliance placed on multiple SC precedents confirming that defective investigation alone doesn't vitiate trial where guilt is otherwise established [Paras 30–34, 39].

Decision: Appeal Dismissed – Conviction and sentence under Section 307 IPC (life imprisonment) and Section 25 Arms Act (three years RI) upheld – Sentences to run concurrently – No scope for leniency given the gravity and setting of the crime – Courtroom attack considered a severe threat to the justice system [Paras 43–45].
 

Criminal Law - POCSO Conviction – Inappropriate Touching in Tuition Class – Acquittal on Appeal – Contradictions in Victim’s Testimony – Trial Court convicted appellant under Sections 9(m) and 10 POCSO – High Court found key inconsistencies between victim’s statement, complaint, and testimonies of her parents – Held: Material contradictions and absence of corroborating witnesses created reasonable doubt [Paras 3–4, 6–15, 23–31].

Presumption under Section 29 POCSO – Rebutted by Cross-Examination – Not Absolute – Court reaffirmed that the statutory presumption under Section 29 arises only after foundational facts are established – In this case, the inconsistencies and gaps in prosecution evidence rebutted the presumption – No independent witnesses examined despite classroom being full of students [Paras 6–7, 24–29, 31].

Failure to Examine Material Witnesses – Brother of Prosecutrix Not Examined – IO Admits No Corroboration – Prosecutrix’s brother, allegedly present during the incident, not examined – Investigating Officer admitted that other students did not support victim’s version – Court held this lapse fatal to prosecution case [Paras 12–14, 24–28].

Standard of Proof – Inconsistencies and Omissions Undermine Prosecution – Court emphasized that minor inconsistencies in child witness may be tolerable, but in this case, contradictions on vital facts (date, location, prior incidents, persons present) vitiated reliability – Allegation of touching private parts not supported by victim’s own statements [Paras 10–17, 23–27].

Duty of Prosecution – Not to Secure Conviction but to Present Complete Picture – Investigation found selective and one-sided – Material evidence suppressed – Court reiterated duty of prosecution to present all relevant facts, even those unfavorable, to aid truth-finding [Para 29].

Decision: Appeal allowed – Conviction and sentence under POCSO Act set aside – Appellant acquitted – To be released forthwith unless required in any other case – Copy of judgment directed to be sent to Jail Superintendent and Trial Court for compliance [Paras 32–33].
 

Taxation Law - Income Tax Act – Reassessment Proceedings – Allegation of Sham Transactions – Notice Quashed – The Revenue sought to reopen the assessment under Sections 148, 148A(b) and 148A(d) of the Income Tax Act alleging that the petitioner engaged in sham transactions related to JM Balanced Fund to create fictitious capital loss – The Court found that the petitioner had not transacted in JM Balanced Fund but in JM Equity Hybrid Fund, which was not even part of the Revenue’s allegations – Held that reopening was without live link or nexus between information and petitioner’s transactions – Notice and consequential order quashed [Paras 5-14].

Reassessment – Absence of Live Link – Reopening Held Invalid – The Court observed that the reasons recorded by the Assessing Officer did not establish any rational connection with the petitioner’s actual transactions – Allegations of sham transactions were general and pertained to JM Balanced Fund whereas petitioner dealt in JM Equity Hybrid Fund – Applying principles from Karan Maheshwari v. ACIT, Bombay High Court, reopening was held bad in law [Paras 11-13].

Natural Justice – Denial of Information – Order Passed Without Providing Material – It was held that crucial documents relied upon by the Revenue during survey under Section 133A were never furnished to the petitioner despite specific requests, rendering the proceedings violative of principles of natural justice – Reassessment proceedings vitiated [Paras 8-9].

Final Order – Notice and Order Quashed – Assessment Proceedings Terminated – The impugned notice dated 10/03/2022 under Section 148A(b), order dated 06/04/2022 under Section 148A(d) and notice under Section 148 were quashed and set aside – Petition allowed [Para 14].

Criminal Law - Rape – Consent Based on Promise to Marry – Victim Major – Conviction Set Aside – Alleged victim engaged in consensual relationship with appellant under belief of future marriage – High Court found from ossification test (PW6) that victim was approximately 25 years old at time of incident – No evidence to show that promise was false from inception – Held: Consent not vitiated – Ingredients of Section 375 IPC not attracted [Paras 6–12, 21–25]. 
 
Delayed FIR – Lack of Prompt Disclosure – Inference of Consent – FIR filed after 5 months of pregnancy – Victim did not inform anyone immediately post incident – Court held delay and continued sexual relationship point to voluntary participation, not coercion or rape [Paras 11–13, 20, 23]. 
 
Ossification Test – No Proof of Minority – No Documentary Birth Record – Age determined as 25 years with ±2 years – Court relied on ossification test in absence of credible documentary proof – Victim held to be major at time of alleged incident – Section 375 ‘sixthly’ not applicable [Paras 9, 21]. 
 
Witness Discrepancies – Material Contradictions – Victim’s Testimony Unreliable – Court noted inconsistency in victim’s deposition and prior statements under Section 161 CrPC – Other key witnesses not examined – Medical evidence did not support forceful intercourse – Conviction held unsustainable [Paras 14–16, 24–25]. 
 
False Promise to Marry – Not Sufficient to Vitiate Consent – Awareness of Nature of Act – Victim knowingly consented to sexual act – Consent under such belief not legally invalid where no evidence of fraud or deception from inception – Relationship found consensual [Paras 22–23]. 
  
Decision: Appeal allowed – Conviction and sentence under Section 376 IPC set aside – Appellant acquitted – Bail bonds cancelled and sureties discharged – Trial Court records to be returned immediately [Paras 26–27]. 
 

Criminal Contempt – Allegation against Sitting Judges – Scandalizing the Court – Contemnor accused Judges of accepting bribes for dismissal of his writ petition – Complaint addressed to the President of India – Held: Allegation scandalizes the Court and tends to lower its authority within meaning of Section 2(c)(i) of the Contempt of Courts Act – Contemnor's admission of authorship and contents of complaint noted – No justification found for demand of covering letter [Paras 1-4, 8-9].

Judicial Integrity – Maintenance of Public Confidence – High Court reiterated importance of preserving dignity and authority of the judiciary – Referred to judgments emphasizing that even unproven allegations that create disaffection against the judiciary constitute contempt – Court found contemnor’s conduct obstructive to the administration of justice [Paras 5-7].

Sentence – Leniency Due to Age – Considering that contemnor was of old age and had no prior contempt history, Court imposed only a fine of Rs. 2,000/- with default sentence of one week simple imprisonment – Directed compliance by Senior Registrar [Paras 9-11].

Civil Law – Commercial Suit - Jurisdiction – Commercial Suit Refiled Before Civil Court – Misuse of Procedure – Plaint Returned – Plaintiffs withdrew earlier commercial suit without liberty and refiled same cause before civil court adding non-related parties – Court held this was a deliberate attempt to bypass Commercial Courts Act – Only parties receiving notices could seek relief – Civil court lacked jurisdiction – Impugned order rejecting application under Order VII Rule 10 CPC set aside [Paras 3–11]. 
 
Misleading Citations – City Civil Judge Relied on Non-Existent SC Judgments – Serious Concern Raised – Learned Judge cited fictitious Supreme Court decisions to justify jurisdiction 
– Neither party referred such judgments – Matter referred to Hon’ble Chief Justice for appropriate action against judicial officer [Paras 5, 10, 12]. 
 
Remand – Order VII Rule 10A CPC – Procedural Opportunity Granted – Plaint returned to plaintiffs but with liberty to file application under Order VII Rule 10A(2) – Direction to parties to appear before trial court for further proceedings – If no application filed, plaint to be returned [Para 11]. 
 
Decision: Civil Revision Petition allowed – Impugned order set aside – Plaint returned for lack of jurisdiction – Matter remitted for compliance under Order VII Rule 10A(2) CPC – Copy of order to be placed before Hon’ble Chief Justice for inquiry into judicial conduct [Paras 11–12]. 
 

Matrimonial Law - Divorce – Mental Cruelty – Husband's Disinterest in Marital Relationship – Divorce Granted - The wife alleged that the husband was indifferent towards family life, abstained from conjugal relations, and was engrossed in superstitious and spiritual practices – Evidence proved that despite earlier reconciliation, the husband continued neglecting the petitioner’s marital rights, causing severe mental trauma – The Court held that persistent neglect, emotional abandonment, and forced adherence to superstitious practices amounted to cruelty – Decree of divorce upheld [Paras 6-15]. 
 
Mental Cruelty – Assessment Requires Flexible Approach - Relying on Roopa Soni v. Kamalnarayan Soni [AIR 2023 SC 4186] and Anilkumar V.K. v. Sunila.P [2025 (2) KHC 33], the Court reiterated that mental cruelty is subjective and must be assessed case-wise – Courts must adopt a liberal and contextsensitive approach, especially where the wife seeks divorce due to mental agony caused by neglect or deprivation of conjugal rights [Paras 12-14]. 
 
Family Court Finding – No Interference Warranted – Marriage Irretrievably Broken - The Family Court rightly concluded that the marriage was irretrievably broken and the parties lacked mutual trust and affection – The High Court found no perversity or misapplication of law and refused to interfere with the decree of divorce [Para 15]. 
 
Decision – Appeal Dismissed - Matrimonial Appeal dismissed – Divorce granted by Family Court sustained – Parties directed to bear their own costs [Para 15].