Adverse Possession – Legal Requirements – Defendants claimed ownership by adverse possession – Courts found defendants failed to prove hostile, open, and continuous possession – Claim of adverse possession inherently acknowledges the title of another party – Supreme Court precedent emphasized inconsistency in claiming both ownership and adverse possession simultaneously [Paras 5-7].

Jurisdiction of Civil Courts – Tenancy Rights – First Appellate Court erred in finding defendants to be tenants, thus denying jurisdiction to Civil Court – Defendants had consistently claimed adverse possession, not tenancy – Civil Court jurisdiction upheld for possession claims where defendants deny title and assert adverse possession [Paras 8-12].

Denial of Title and Forfeiture of Tenancy – Denouncing plaintiff's title in written statements can result in forfeiture of tenancy rights – Civil Court jurisdiction affirmed based on precedents from higher judiciary – New claims or defenses not pleaded cannot be considered [Paras 9-12].

Decision – Appeals Allowed – Held – Plaintiffs entitled to possession of the suit land as title holders – Defendants' adverse possession claims dismissed – Judgments of trial courts restored – Decree of possession granted to plaintiffs in both civil suits [Paras 13].

Criminal Law – Rash and Negligent Driving – Conviction and Sentencing – Petitioner convicted under Sections 279, 337, and 304-A IPC for causing a fatal accident while driving a tanker in a rash and negligent manner. Trial court sentenced him to rigorous imprisonment and fines. Conviction and sentence upheld by appellate court, leading to the filing of the present revision petition​​.

Evidence – Witness Identification and Test Identification Parade (TIP) – Absence of TIP does not invalidate witness identification during trial. Multiple witnesses, including the Matador driver, identified the petitioner. Evidence found reliable and trustworthy despite minor inconsistencies​​.

Defective Investigation – Impact on Conviction – Defective investigation does not automatically entitle the accused to acquittal. Independent scrutiny of evidence determines reliability. Non-examination of certain witnesses like the mechanic considered a procedural lapse that did not materially affect the prosecution's case​​.

Sentencing – Consideration of Age and Probation – Court refused to modify sentence or grant probation based on petitioner's age, emphasizing strict punishment for motor vehicle accidents causing death. Petitioner had only served 29 days of sentence, considered too lenient for the offense committed​​.

Decision: Revision petition dismissed, conviction and sentence upheld. Compliance and information dissemination directed to concerned trial court and Chief Judicial Magistrate, Palwal​​.

Narcotics – Evidence of Official Witnesses – Appellants convicted under Section 20 of the ND&PS Act for possession of Charas – Contention that non-association of independent witnesses and non-production of photographs vitiate prosecution case – High Court upheld conviction, holding that testimony of police officials alone can be sufficient – Non-association of independent witnesses not fatal if police evidence is credible – Photographs, though corroborative, not mandatory for proving possession [Paras 16-24, 34-35].

Procedural Compliance – Section 52A ND&PS Act – Appellants argued non-compliance with Section 52A of the ND&PS Act regarding inventory and certification of seized contraband – Court held that entire contraband was sent for chemical analysis promptly and produced in Court, fulfilling primary evidence requirements – Non-compliance with procedural technicalities did not prejudice appellants’ defense [Paras 36-38].

Planting of Evidence – Appellants alleged contraband was planted by police – High Court rejected claim, noting large quantity of Charas recovered and lack of evidence of enmity with police – Court found prosecution proved guilt beyond reasonable doubt, with consistent and credible testimony of official witnesses [Paras 39-41].

Decision – Appeal Dismissed – Held – Conviction and sentence affirmed – Appellants’ arguments on evidentiary and procedural grounds found without merit – Court emphasized importance of careful scrutiny of police testimony in absence of independent witnesses, but upheld reliability of consistent official witness statements [Paras 42].

Insolvency and Bankruptcy – Recovery Proceedings Against Personal Guarantors – Petitioners, personal guarantors of term loans and working capital facilities granted to M/s Asian Colour Coated Ispat Limited (ACCIL), challenged the recovery actions initiated by respondents post-approval of a resolution plan by the National Company Law Tribunal (NCLT). The main contention was that with the assignment of the principal borrower's debt and issuance of No Due Certificates, no liability remained against the petitioners​​.

Assignment of Debt and Personal Guarantees – Petitioners argued that the assignment of debt to M/s Hasaud Steel Limited and the issuance of No Due Certificates to the principal borrower extinguished their liability as guarantors. They contended that only the assignee of the debt could enforce the personal guarantees​​.

Excluded Rights in Resolution Plan – The resolution plan approved by the NCLT included provisions for "excluded rights" that allowed financial creditors to pursue legal remedies against personal guarantors. The NCLAT upheld the financial creditors' rights to proceed against the guarantors, stating that such rights were explicitly safeguarded in the resolution plan​​.

Supreme Court's Affirmation – The Supreme Court dismissed the appeals against the NCLAT's decision, affirming the financial creditors' rights to recover from the personal guarantors despite the approval of the resolution plan and assignment of debt​​.

Decision: The court dismissed the writ petitions, holding that the financial creditors retained the right to pursue recovery actions against the petitioners as personal guarantors. The petitioners' claims were found to be without merit in light of the comprehensive framework of the IBC and the specific provisions of the resolution plan​​.

Workmen’s Compensation – Employer-Employee Relationship – Insurance Liability – Deceased driver crushed between two lorries – Insurance company’s contention that deceased had a fake driving licence and thus no liability – Court held that the insurance company cannot question employer-employee relationship based on the driving licence’s validity in this context – Liability of insurer not absolved despite fake licence of driver responsible for accident – Appeal dismissed – Compensation affirmed [Paras 1-12].

Driving Licence Validity – Employer’s Duty – No evidence of employer’s knowledge of fake licence – Court reiterates that the owner cannot be expected to verify the licence’s genuineness beyond its face value – Insurance liability persists even if driving licence is fake without owner’s knowledge [Paras 10-12].

Decision:

Appeal dismissed – Commissioner’s order upheld – No costs ordered – Pending applications, if any, shall stand closed [Para 12].

SARFAESI Act – Agricultural Land Exemption – Writ Jurisdiction: Petitioner challenged the initiation of SARFAESI Act proceedings against its agricultural land, arguing that such land is exempt under Section 31(i) of the Act. The High Court reiterated that the classification of land in revenue records alone does not determine its status under SARFAESI; actual use and intention of the parties are crucial. The court emphasized that such determinations are within the jurisdiction of the appropriate tribunal and not for writ courts unless exceptional circumstances exist [Paras 1-9].

SARFAESI Act – Alternative Remedy – OTS Proposal: High Court dismissed the petition, stressing the availability of statutory remedies under SARFAESI Act. The court noted the petitioner's request for a new OTS did not warrant interference in SARFAESI proceedings. It reaffirmed the principle that borrowers do not have a vested right to an OTS, citing the Supreme Court’s precedent [Paras 10-12].

Decision: Writ petition dismissed - Petitioner directed to pursue remedies under SARFAESI Act. The court allowed for the possibility of a mutually acceptable settlement between the parties, clarifying no opinion on the merits [Paras 13-14].

Registration Act, 1908 – Section 17 – Transfer of Property Act, 1882 – Section 53A – Agreement to sell – Transfer by way of affidavit with possession – The Court held that an affidavit does not amount to relinquishment of title and must be registered under Section 17 of the Registration Act, 1908. However, the affidavit can be treated as an agreement to sell with delivery of possession, protected under Section 53A of the Transfer of Property Act. The Court found that the ingredients of Section 53A were fulfilled as the defendant had paid the total consideration and was in continuous possession [Paras 9-10].

Section 53A of the Transfer of Property Act – Protection of possession – The Court noted that Section 53A protects the possession of the proposed purchaser if the transferee has taken possession or continued in possession and has performed their part of the contract. In this case, the defendant's possession was protected as the plaintiff had received the entire sale consideration and acknowledged the defendant's possession [Paras 9-10].

Plaintiff's Conduct – Estoppel – The plaintiff's conduct, including remaining out of the village and not contesting the mutation of the property in favor of the defendant, supported the defendant's claim. The Court applied the rule of estoppel under Section 53A, preventing the plaintiff from denying the defendant's rights [Para 9].

Decision: The appeal is allowed, the judgment of the First Appellate Court is set aside, and the trial court's judgment is restored. The plaintiff is not entitled to the decree of possession of the suit property.

Income Tax – Registration of Charitable Trust – Appeal against ITAT Order – Respondent trust’s registration under Section 12AA cancelled by Commissioner of Income Tax (Exemption) (CIT€) due to non-commencement of activities – ITAT set aside the cancellation, holding that activities need not commence for registration eligibility – High Court upheld ITAT’s decision, referencing precedents that registration can be granted based on proposed activities aligning with charitable objectives [Paras 1-13].

Procedure for Registration under Section 12AA – Requirements – High Court held that CIT€ must assess the genuineness of trust’s objects and proposed activities – Non-commencement of activities alone not a ground for refusal – Cited cases include Ananda Social and Educational Trust vs. CIT (2020) and Director of Income Tax vs. Foundation of Ophthalmic & Optometry Research Education Centre (2013) affirming registration eligibility based on objectives [Paras 5-12].

Decision – Appeal Dismissed – High Court found no merit in the revenue’s appeal, affirmed ITAT’s order – Held that the CIT€ improperly refused registration based solely on non-commencement of activities without doubting the genuineness of charitable objectives [Para 13].

Criminal Law – Recall of Witness – Petition challenging the recall of a key witness (PW-2) for re-examination – Respondent sought recall to correct errors and omissions during prior cross-examination conducted by a legal aid counsel – Trial Court’s decision to allow recall upheld – No manifest error in Trial Court’s decision; re-examination deemed necessary for just decision and to avoid miscarriage of justice [Paras 1-10].

Section 311 Cr.P.C. – Scope and Application – Importance of re-examining PW-2 due to their vital role in the case – Previous counsel did not represent respondent's choice – Respondent entitled to correct bona fide errors – Court emphasizes the importance of fair trial and just decision, balancing against unnecessary delays and hardship to witness [Paras 5-9].
 

Decision – Criminal Petition Dismissed – Held – Trial Court’s order to recall PW-2 for re-examination upheld – No interference warranted as the decision aids in achieving a just trial outcome [Paras 9-10].