Loan Recovery – Partnership Liability – Implied Authority – Plaintiff claimed loan of ₹2,33,800 was advanced to partnership firm through partner Avtar Singh – Trial Court found no evidence of implied authority or benefit to firm – Partnership deed not proved, and receipt not shown to be on behalf of firm – Held: Receipt Ex.P3 executed solely by defendant No.2; loan not binding on firm or other partners – Decree rightly confined to defendant No.2 personally [Paras 11, 14–15].

Forgery – Expert Opinion – Disputed Signature – Defendant denied signatures of deceased partner Avtar Singh on loan receipt – Handwriting expert DW2 confirmed forgery – Plaintiff failed to rebut expert evidence or examine own expert – Held: Signature of Avtar Singh on Ex.P3 found to be forged – Loan not proved against deceased partner or his legal heirs [Paras 11–12].

Foreign Loan – NRI Plaintiff – Admissibility of Oral Evidence – Plaintiff residing in USA did not appear as witness – Evidence led through attorney/son-in-law with no personal knowledge of transaction – No documentation shown for mode of remittance – Held: Plaintiff failed to prove source, transmission, or legality of funds – No permission under FEMA or RBI norms produced [Para 13].

Second Appeal – Scope of Interference – Concurrent Findings – Findings on authority, forgery, and lack of proof of partnership debt are factual – Held: High Court cannot interfere with concurrent findings of fact in second appeal unless substantial error shown – No such error made out – Appeal dismissed [Paras 16–17].

Decision: Regular Second Appeal dismissed – Decree against defendant No.2 personally for ₹2,33,800 with 12% interest upheld – Suit rightly dismissed against firm and other defendants [Paras 17–18].

Civil Procedure – Rejection of Plaint – Court Fee – Suit for Damages – Order 7 Rule 11 CPC – Plaintiff claimed damages of ₹2 crore in suit for malicious prosecution but affixed only nominal court fee of ₹100 claiming tentative valuation – Held: When a specific amount is claimed, even if termed “tentative,” ad valorem court fee is mandatory under Section 7(i) of Court Fees Act – Trial Court erred in treating suit under Section 7(iv) and allowing provisional fee – Plaintiff directed to affix appropriate court fee within one month failing which plaint to be rejected [Paras 6–8]

Court Fees Act – Section 7(i) vs. Section 7(iv) – Scope Distinguished – Referring to State of Punjab v. Dev Brat Sharma, 2022 (2) RCR (Civil) 464, Supreme Court clarified that liberty to value relief under Section 7(iv) is limited to specified categories – For suits involving quantified monetary relief, ad valorem fee under Section 7(i) is mandatory – Present case being a damages suit falls within Section 7(i), hence attracts ad valorem fee [Paras 7–8]

Supervisory Jurisdiction – Article 227 – Interference Justified – Trial Court wrongly permitted under-valuation of court fee by accepting tentative fee despite specific monetary claim – Discretion misapplied – High Court exercised supervisory jurisdiction to ensure compliance with statutory mandate [Paras 6–8]

Decision: Revision petition allowed – Impugned order dated 12.07.2023 set aside – Plaintiff directed to affix ad valorem court fee on ₹2 crore within one month – Failing which, plaint shall stand rejected

Preventive Detention – Subjective Satisfaction – Validity – Detention order passed under Section 3(2) of MPDA Act against petitioner for causing public disorder and terror – Petitioner challenged order on grounds that prior offences were stale and relied upon improperly – Held: Detention based solely on two recent FIRs and two in-camera statements demonstrating habitual conduct prejudicial to public order – Past offences only referred, not relied – Subjective satisfaction properly arrived at – Detention Order valid [Paras 17–19, 24].

Public Order vs. Law and Order – Distinction – Petitioner contended incidents at most involved law and order issues between individuals – Court held that the petitioner’s repeated public assaults with deadly weapons, extortion, and terrorizing of shopkeepers and vendors created widespread fear – Such conduct disturbs public order and affects even tempo of society – Justifies preventive detention [Paras 16, 22–23].

Eyewitness and In-Camera Statements – Reliance and Admissibility – In-camera statements of two witnesses narrated specific extortion incidents involving threats with weapons and violence in public places – Witnesses feared reprisal and public disorder was evident – Held: Statements credible and material validly relied upon for subjective satisfaction [Paras 13–15, 22–23].

Past Offences – Reference vs. Reliance – Detaining Authority merely referred to past offences to illustrate criminal background – Clearly stated in detention grounds that subjective satisfaction was based solely on recent FIRs and witness accounts – Held: Reference without reliance does not vitiate order – No legal infirmity [Paras 17–21].

Binding Precedents – Coordinate Bench Decision Held Per Incuriam – Judgment relied upon by petitioner in Raju @ Shendi Bhishan Tak (WP No. 311/2025) not considered binding – Held: Decision failed to apply binding precedents including Khaja Bilal Ahmed (2020) 13 SCC 632 – Hence not applicable [Para 21].

Severability – Section 5A MPDA – Even if one ground fails, others sufficient to sustain detention – Court noted each ground independently valid – Detention justified even under severability clause [Para 24].

Decision: Petition dismissed – Detention Order upheld – Rule discharged – No interference warranted [Para 25].

Civil Procedure – Advocate Commissioner – Identification of Land – Appointment Set Aside – Trial court permitted appointment of Advocate Commissioner to identify suit land in Sy.No.125/E3 at the instance of the plaintiff relying on a sada bainama lacking boundary descriptions – High Court held that such appointment at preliminary stage amounted to collection of evidence – Also held that the trial court ignored findings in earlier CRP No.2136/2022 which declined injunction due to lack of prima facie title and possession – Held: Appointment of Advocate Commissioner was premature and perverse – Order set aside [Paras 3, 23-27]

Injunction Suit – Possession Dispute – Prima Facie Title and Possession Absent – Plaintiff failed to establish physical possession or valid title to the land – Sada bainama executed when plaintiff was allegedly a minor and lacking boundary details – Revenue records inconsistent regarding whether title was derived by inheritance or purchase – Plaintiff’s claim contradictory – Held: Injunction rightly denied earlier – Advocate Commissioner cannot be appointed to cure evidentiary defects [Paras 9-13, 22-24]

Land Identification vs. Demarcation – Legal Distinction – High Court clarified that identification (locating land generally) and demarcation (physically marking boundaries) are distinct – Appointment for mere identification without clear prima facie title or possession is impermissible – Advocate Commissioner cannot be used to fish for evidence or validate defective title [Paras 26.3-26.5]

Supervisory Jurisdiction – Article 227 – Scope – Trial court misdirected itself by misreading earlier High Court order and failing to appreciate the lack of credible evidence – High Court held that Article 227 powers warranted to prevent miscarriage of justice – Held: Order allowing appointment of Commissioner quashed [Paras 7, 27]

Criminal Law – Quashing - Defamation – Accused were members of Apartment Owners' Adhoc Committee – Petitioners issued a private letter to complainant’s husband expressing concerns over suspicious activities in the flat, based on reports from security staff – Incident of a man jumping from balcony half-naked cited – Husband allegedly used this letter to publicly malign complainant through Church representatives – Held: Letter addressed privately, not published publicly by petitioners – No evidence of mala fide intent or conspiracy with husband – Protection of Ninth and Tenth Exceptions to Section 499 IPC attracted – Petitioners’ actions done in good faith for safety and interest of residents and children [Paras 6–9]

Criminal Procedure – Quashing of Proceedings – Section 482 CrPC – No prima facie case made out against petitioners for offence of defamation – Letter issued in private, not with intention to defame – Continuation of proceedings against petitioners would amount to abuse of process of law – Held: Criminal proceedings against petitioners quashed [Paras 7–9]

Apartment Governance – Communication with Resident Owners – Responsibility of Association Members – Information about security violations conveyed to one of the owners – Court held that internal communication on issues affecting community safety, even if referring to another resident, is protected if issued in good faith and without malice – Not actionable as defamation when private and non-malicious [Paras 6–8]

Decision: Petition allowed – Criminal proceedings against petitioners (Accused Nos. 5 to 7) in C.C. No. 12 of 2021 before the Chief Judicial Magistrate, Ernakulam quashed – Held to be an abuse of process of law [Para 9]

Criminal Writ – Premature Release – Policy Implementation – Life convict Ramji’s claim for premature release rejected by Government of Punjab despite eligibility under 1991 Policy – Rejection order dated 17.12.2024 found cryptic, unreasoned, and mechanically based on opinion of Presiding Judge and Committee – Held: Rejection order unsustainable for being non-speaking and devoid of application of mind – Matter remanded for fresh decision in accordance with law [Paras 5–10, 13].

Administrative Law – Natural Justice – Speaking Order – Right to Personal Liberty – Court reiterates that administrative/quasi-judicial orders must be reasoned and cannot rest on ipse dixit – Held: Absence of clear reasoning in executive orders, especially those affecting liberty, violates Article 21 and the principles of natural justice – Order must reflect due consideration of facts and relevant policies [Paras 10–11].

Delay and Administrative Apathy – Procedural Lapses – Respondent authorities delayed processing of petitioner’s release case for over 18 months due to repeated inter-departmental lapses – Held: Authorities displayed lackadaisical approach in discharging statutory duties, causing prejudice to petitioner – Costs of ₹25,000 imposed on State of Punjab for delay and administrative torpor [Paras 6, 12–13].

Remand and Relief – Reconsideration Directed – High Court sets aside rejection order and directs State to decide afresh within four weeks – Compliance affidavit to be filed by Home Secretary, Punjab within six weeks, failing which punitive consequences may follow [Para 13].

Criminal Law – Rape of Minor – Age Determination – Essential Requirement – Acquittal Upheld – Prosecutrix claimed to be 13 years old but no documentary proof (school record, birth certificate) or medical evidence (bone ossification test) produced by prosecution – Investigating Officer admitted failure to collect age proof – Held: In absence of reliable age determination, accused could not be convicted under charges involving a minor – Adverse inference drawn against prosecution for non-compliance with mandatory protocols [Paras 17–27]

Criminal Trial – Sexual Assault – Refusal of Medical Examination – Investigating Agency’s Failure – Prosecutrix’s mother refused internal gynecological examination, despite serious nature of charges – No MLC report available – Held: Absence of medical corroboration substantially weakened prosecution’s case – Investigating Agency failed to discharge duty to collect essential evidence in sexual assault cases [Paras 29–31]

Criminal Law – Consent and Elopement – Public Travel and Cohabitation – Evidence of Voluntary Accompaniment – Prosecutrix travelled over 300 km in public transport with accused and stayed at his home for 2–3 days without raising any alarm – She admitted in cross-examination that she wanted to marry accused and had prior relationship with him – Child Welfare Committee also recorded voluntary elopement – Held: Circumstances indicated consensual relationship and belied theory of abduction or force – Consistency and credibility of deposition not established [Paras 32–38]

Appellate Review – Scope in Acquittal Appeals – Reversal of Acquittal – When Permissible – Acquittal not found perverse or based on misreading of evidence – Trial Court rightly found prosecution failed to prove essential elements of crime beyond reasonable doubt – Held: Appeal against acquittal must show perversity or manifest illegality – No compelling reason found to overturn acquittal [Paras 40–42]

Decision: Appeal dismissed – Judgment of acquittal passed by Trial Court upheld – No interference warranted in absence of perversity or manifest illegality – Respondent stands acquitted of all charges

Criminal Law – Unlawful Assembly – Common Object – Conviction under Section 149 IPC Unsustainable in Absence of Shared Intent – Acquittal Ordered – Appellants convicted along with others for murder under Sections 148, 304 Part I/149 and 323/149 IPC – Trial court applied vicarious liability under Section 149 based on presence at scene – Appellate court held that fatal injuries were inflicted solely by two co-accused (now deceased) – No overt act, shared intent, or deadly weapon attributed to present appellants – Held: Mere presence without active participation or common object insufficient to attract liability under Section 149 IPC – Conviction set aside [Paras 3.1–3.7, 5–8].

Constructive Liability – Section 149 IPC – Applicability Requires Proof of Unlawful Assembly, Common Object, and Knowledge of Likely Offence – Reiterated that liability under Section 149 cannot be stretched to convict passive bystanders or those with no criminal intent – Citing Zainul v. State of Bihar, Mizaji v. State of U.P., and Subal Ghorai cases – Held: Prosecution failed to prove appellants were members of unlawful assembly with intent to kill – Acquittal warranted [Paras 3.5–3.8, 4–6].

Evidence – Ocular and Medical Evidence – Fatal Blows Attributed to Co-accused Only – No Role Ascribed to Surviving Appellants – Post-mortem report revealed only two blows leading to death – Both ascribed to two now-deceased accused – No evidence linking appellants Ram Swaroop, Dalip Singh, and Tara Chand to the assault – No weapons recovered from them – Held: Trial court erred in applying collective liability mechanically [Paras 3.1, 5–6].

Principle – Rule of Prudence in Section 149 IPC Cases – Courts Must Guard Against Convicting Innocent Bystanders Based on Proximity Alone – Presence at the scene without participation or shared object does not establish guilt – Doctrine of caution to be applied in cases involving large number of accused – Held: Prosecution failed to produce credible material to show appellants shared the common object – Acquittal justified [Paras 3.8, 6–8].

Decision: Appeal allowed – Conviction and sentence under Sections 148, 304 Part I/149, and 323/149 IPC set aside – Appellants Ram Swaroop, Dalip Singh, and Tara Chand acquitted – Bail bonds cancelled, sureties discharged – Directed to furnish bonds under Section 437-A CrPC to secure presence in case of further appeal [Paras 9–10].

Criminal Procedure – Pre-Arrest Bail – Concurrent Jurisdiction – Requirement to Approach Sessions Court First – Petitioner sought anticipatory bail under Section 482 BNSS directly before the High Court without approaching Sessions Court — Held: Though High Court and Sessions Court have concurrent jurisdiction, party must ordinarily approach Sessions Court first — Direct invocation of High Court’s jurisdiction permissible only in exceptional or extraordinary circumstances — No such circumstances made out in the present case — Reliance placed on Mohammed Rasal C. v. State of Kerala and Jagdeo Prasad v. State of Bihar [Paras 3–5].

Wildlife Offence – Arms Possession – Applicability of Section 35(3) BNSS – Petitioner alleged to have participated in illegal hunting of Schedule-I species “Chowsingha (Tetracerus Quadricornis)” and possession of prohibited arms under Section 25(1A) of the Arms Act — Contention that offences were punishable below seven years and thus entitled to Section 35(3) BNSS protection rejected — Offence under Section 25(1A) Arms Act punishable up to fourteen years; hence statutory protection inapplicable [Paras 6–7].

Jurisdiction – Discretion under Section 482 BNSS – Limits – High Court reiterated that its inherent powers are to be exercised sparingly — Pre-arrest bail to be granted only on showing special or extraordinary circumstances — Since petitioner neither demonstrated such circumstances nor approached Sessions Court, discretionary relief declined [Paras 5, 8].

Relief – Liberty to Approach Lower Court – Criminal Petition disposed of with liberty to surrender before the Jurisdictional Magistrate within two weeks and move for anticipatory bail before the Sessions Judge — Direction issued to dispose of the application on merits within two days of filing [Para 9].

Decision: Criminal Petition dismissed — No interference under Section 482 BNSS — Liberty granted to petitioner to surrender and seek appropriate relief before Sessions Court — Interim orders vacated [Paras 8–9].