Civil Law – Mandatory Injunction and Mesne Profits – Licensee Status – Appeal Dismissed - Plaintiff-respondent filed suit for mandatory injunction directing appellant to vacate premises and recovery of mesne profits – Appellant inducted as licensee by license deed dated 06.08.2014 at ₹1,800 per month – Continued unauthorized possession after expiry of license – Compromise executed on 07.11.2017 (Ex.P4) where appellant agreed to vacate by 31.12.2019 and pay enhanced compensation of ₹2,500 per month – Appellant alleged tenancy rights and claimed license deed and compromise obtained by fraud on blank papers – Both Trial and First Appellate Courts concurrently found appellant was licensee who failed to substantiate allegations of fraud and tenancy rights – Appeal dismissed holding appellant liable to vacate and pay mesne profits from date of suit till possession handed over – Held: Concurrent findings upheld, no substantial question of law arises; appeal without merit [Paras 3-11].

Decision – Regular Second Appeal Dismissed – No Substantial Question of Law – Appellant's claim of tenancy and allegations of fraudulent execution of license deed rejected by both Courts below. Findings affirmed; appeal held meritless and accordingly dismissed [Paras 10-11].

Civil Law - Execution of Decree – Section 51, Order 21 Rule 32, Order 17 of the CPC - Inordinate Delay – Judicial Dereliction – Despite decree being passed in 2014 and confirmed in RSA in 2017, execution filed in 2015 remained unresolved till 2025 – Multiple extension requests filed by Executing Court citing administrative difficulties and State non-cooperation – Held: Conduct reflects abdication of judicial duty and disregard of Supreme Court’s mandate in Rahul S. Shah v. Jinendra Kumar Gandhi – Executing Court directed to complete execution within two months – No further extension to be granted [Paras 1-2, 33-36, 49-52].

Executing Court Jurisdiction – Cannot Reopen Merits – Respondent-State and Executing Court attempted to revisit settled merits of the decree during execution proceedings – Held: Such action is impermissible under Section 47 CPC – Executing Court bound to execute decree as is, without reappreciation of merits – Affidavit filed by State officials amounted to re-arguing dismissed RSA and reflects deliberate evasion [Paras 28, 38].

State Conduct – Delay by Design – Affidavits by Government Officers Citing Unrelated Grounds – Officers failed to comply with decree despite repeated High Court orders – Held: Conduct of the State in filing argumentative affidavits instead of taking steps for compliance shows intent to delay and obstruct execution – Such behaviour undermines public confidence in rule of law and invites judicial scrutiny [Paras 26-28, 32, 35].

Supreme Court Mandate – Six-Month Timeline in Execution – As per directions in Rahul S. Shah’s case, execution proceedings must be concluded within six months – Extensions beyond that only with recorded reasons – Held: Repeated delays and perfunctory reasons given by Executing Court constitute clear violation of binding precedent – Judicial officers warned against non-compliance which may amount to contempt [Paras 39-41, 44-46].

Final Directions – Compliance Mandated – District and Sessions Judge, Ferozepur directed to oversee immediate execution – Executing Court ordered to conclude proceedings within two months from date of order, on a day-to-day basis – Order to be circulated to all District and Sessions Judges in Punjab, Haryana and Chandigarh for strict compliance with Rahul S. Shah guidelines – Warning of contempt in case of non-compliance [Paras 50-53].

Motor Accident – Compensation – Fatal Accident – Pillion rider – Widow mother of deceased filed claim for Rs.15 lakhs – Tribunal awarded Rs.23,38,000/- with 7.5% interest – Tribunal wrongly deducted ½ of income instead of correct deduction method – High Court fixed monthly income at Rs.16,000/- based on bank statement – 40% added for future prospects – Deduction of ½ applied as per Supreme Court’s direction in Pranay Sethi – Revised compensation for loss of dependency computed as Rs.24,19,200/- – No change in award under other heads – Total compensation enhanced to Rs.24,89,200/- with same interest rate – Insurance company directed to deposit the enhanced amount within 8 weeks – No interest payable for delay in filing the appeal [Paras 2, 5, 9–11].

Decision: Appeal partly allowed – Compensation enhanced from Rs.23,38,000/- to Rs.24,89,200/- – Rate of interest at 7.5% per annum maintained – Typographical corrections made vide order dated 11/11/2025.

Service Law – Police Recruitment – Concealment of Criminal Case – Appointment Denied – Justified - Petitioner applied for the post of Constable and was placed in the waiting list after clearing all stages – During police verification, it was found that he was facing an FIR at the time of application which he failed to disclose – Though the FIR was later quashed on compromise, concealment at the time of application was material – Held: Suppression of pending criminal case in recruitment process justified rejection of appointment – Petition dismissed [Paras 4-6].

Delay in Appointment – Passage of Time – Physical Fitness Consideration – Constable Post Requires Current Fitness - Though petitioner applied in 2011 and approached Court in 2013, more than a decade had passed by the time of decision – Held: Constable post demands current physical and mental fitness – Fitness cannot be presumed after 13 years – Delay reinforces dismissal of claim [Para 7].

Decision – Petition Dismissed – Concealment of material facts and inordinate delay in asserting claim held sufficient to deny relief – Petition dismissed with no order as to costs [Paras 6-8].

Criminal Proceedings – Quashing of FIR – Section 482 CrPC – FIR registered for offences under Sections 120B, 406, 420, 447, 468, 471, 506 read with 34 IPC – Allegations related to a property dispute where complainant claimed to be owner and accused allegedly trespassed and attempted to alienate property – Petitioner argued dispute purely civil in nature and continuation of proceedings would amount to abuse of process – Held: Allegations, if taken at face value, disclose essential ingredients of offences alleged – Defence contentions and documents require appreciation at trial, not in quashing proceedings – Petition dismissed [Paras 9–15].

Civil vs Criminal Nature – Overlap – Merely because a transaction gives rise to a civil dispute does not preclude criminal prosecution if ingredients of criminal offence are made out – Court reiterated that scope under Section 482 CrPC is limited to cases where allegations do not disclose cognizable offence or where proceedings are manifestly attended with mala fides [Paras 10–11].

Abuse of Process – No Ground for Quash – High Court declined to quash FIR as complaint prima facie disclosed offences – Petitioner’s plea that dispute was civil in nature rejected – Inherent power under Section 482 CrPC to be exercised sparingly and in rarest of rare cases to prevent abuse of process of court or secure ends of justice [Paras 12–14].

Decision – Petition dismissed – Trial to proceed in accordance with law – Observations made only for purpose of deciding quash petition and not to influence merits at trial [Para 15].

Anticipatory Bail – Complaint Case – Issuance of Summons – Section 482 BNSS – Application Not Maintainable – The applicant sought anticipatory bail in a complaint case alleging a non-bailable offence on the ground that summons had been issued against him – The Court examined the scope of Section 482 BNSS (corresponding to Section 438 Cr.P.C.), the meaning of “reason to believe” under Section 2(29) BNS, and the distinction between arrest and custody – Held: Mere issuance of summons in a complaint case does not create a reasonable apprehension of arrest by police without warrant, and hence anticipatory bail is not maintainable – Apprehension under Section 482 BNSS must relate to arbitrary or unwanted arrest by police or prosecuting agencies, not custody taken by the court on appearance – Application rejected [Paras 1–3, 27–33].

Bailable Warrant in Complaint Case – Section 482 BNSS – Not Maintainable – In complaint cases where bailable warrant is issued, the accused is entitled to bail upon readiness to furnish it – Hence, no apprehension of arrest or detention arises to sustain anticipatory bail [Para 32(ii)].

Non-Bailable Warrant/Proclamation – Exception – Section 482 BNSS – Ordinarily Not Maintainable – Following Srikant Upadhyay v. State of Bihar (2024 INSC 202), anticipatory bail can be granted in such cases only in extreme, exceptional circumstances in the interest of justice [Para 32(iii)].

Decision – Present case involved only issuance of summons dated 23.08.2022 without any bailable/non-bailable warrant – Held: Anticipatory bail application dismissed as not maintainable – Applicant permitted to seek regular bail within 15 days [Paras 33–35].

Criminal Law - Suspension of Conviction – Disqualification under Companies Act – Application Dismissed – The appellant was convicted under Sections 120B, 420, and 471 IPC for misrepresentations made before government authorities to secure coal block allocation – He sought stay of conviction to avoid disqualification under Section 196(3)(d) of the Companies Act, 2013 – Held: No exceptional circumstance shown to warrant suspension of conviction – Appellant is also facing prosecution in another coal scam case – Conviction upheld at this stage [Paras 1–3, 27–36].

Irreversible Consequences – Nature of Disqualification – Not an Exceptional Case – The appellant argued that disqualification from his position as Managing Director of a public company would lead to irreversible consequences – Court held that conviction-related disqualification under Companies Act alone does not amount to exceptional hardship – Held: Such consequence is statutory and not extraordinary in the present context [Paras 21–24, 32–33].

Public Interest – Coal Block Scam as Distinct Class – Wider Ramifications Considered – Relying on Supreme Court decisions in Girish Kumar Suneja and Manohar Lal Sharma, Court held that coal block allocation cases form a distinct and serious category involving widespread public interest – The appellant’s role and benefit from fraudulent documents warranted denial of relief under Section 389(1) CrPC – Held: No stay of conviction justified [Paras 15, 35–36].

Suspension of Sentence – Granted on Parity with Co-Convict – Considering the appellant’s age, clean record, family circumstances, compliance with earlier conditions, and parity with Manoj Kumar Jayaswal (co-convict whose sentence was suspended), Court suspended the sentence and granted bail – Appellant directed not to leave India without permission and to furnish bond of Rs. 1,00,000 with one surety [Paras 38–40].

Decision – Stay of conviction rejected; sentence suspended – Held: Application partly allowed – While consequences of conviction under Companies Act are recognized, present case lacks the exceptional circumstances required to stay conviction – Sentence suspended during pendency of appeal [Paras 37–40].

Service Law – Regularization – Long-Term Engagement Without Absorption – Petition Dismissed – The petitioner claimed continuous service under BCCL since 1979 as a piece-rated worker and sought regularization and pensionary benefits – Held: There was no official appointment or evidence of sanctioned post – Despite long engagement, petitioner failed to demonstrate legal entitlement to regularization – Supreme Court rulings cited that length of service alone does not confer right to regularization in absence of procedural compliance [Paras 4–6, 10–12].

Pension and Retirement Benefits – Claim Without Formal Employment – Denied – The petitioner, not being a regular employee, was held not entitled to pensionary or retirement benefits – Held: Service was rendered de hors the rules and outside the framework of sanctioned post – Consequently, there exists no enforceable legal right to claim pension – Reliance placed on precedent that mere continuity of service cannot override statutory requirements [Paras 8–11].

Scope of Writ Jurisdiction – No Mandamus in Absence of Legal Right – Petition Under Article 226 Dismissed – The High Court declined to exercise writ jurisdiction in favour of petitioner who failed to establish any statutory or constitutional violation – Held: Mandamus cannot be issued to enforce non-existent rights – Writ jurisdiction is discretionary and cannot be invoked merely on humanitarian grounds without legal foundation [Paras 10–12].

Final Decision – Writ Petition Dismissed – The Court held that in the absence of a legal appointment or post, no relief could be granted – Petitioner’s prayer for regularization and pension rejected [Para 12].

Matrimonial Law - Transfer of Matrimonial Proceedings/Case – Grounds of Inconvenience and Financial Hardship – Application Rejected – The Applicant-wife sought transfer of divorce proceedings from Family Court, Pune to Kalamb citing health issues, distance, and financial constraints – Held: The Applicant had appeared in the Pune Court on several occasions, was represented by counsel, and had failed to avail video conferencing facilities – Her conduct, including repeated absences and delay in filing pleadings, suggested an attempt to delay the trial – Transfer denied [Paras 1-7, 13-20].

Video Conferencing as an Alternative – Considered by Court – Liberty Granted – Though physical transfer was refused, the Court clarified that the Applicant may approach the Family Court, Pune for permission to appear via video conferencing – Family Court directed to consider such application independently – Further, the Respondent directed to pay ₹5,000 per physical appearance if personal presence is required [Paras 22-23].

Delay and Abuse of Process – Transfer Petition Filed at Final Hearing Stage – Application Lacked Bona Fides – Held: The Applicant remained absent for long durations, failed to cross-examine the Respondent despite opportunities, and delayed the matter for over four years – Her conduct showed a clear intent to delay adjudication – The allegations of hardship were found vague and unsubstantiated – Petition dismissed as abuse of process [Paras 14-20].

Balance of Convenience – Greater Hardship to Respondent – Refusal to Transfer – The Respondent was found to be the sole caregiver of his ailing mother, employed in a private job, and at risk of professional consequences due to travel – The Court held that inconvenience to Respondent outweighed that of the Applicant – Transfer not warranted [Paras 9-11, 20].

Final Decision – Transfer Application Dismissed – Family Court to Expedite Trial – Held: Application lacked merit and was dismissed with no order as to costs – Family Court, Pune directed to conclude proceedings preferably within three months of order – All parties directed to act on authenticated copy of order [Paras 21, 24-25].