Writ Law - Banker's General Lien - Indian Contract Act 1872 - Section 171 - Withholding of pledged gold ornaments despite full repayment - Petitioner availed a gold loan and pledged gold ornaments - Petitioner was also a co-applicant in a housing loan availed by her husband which subsequently became a Non-Performing Asset - Petitioner fully repaid the gold loan and demanded return of the ornaments - Respondent bank refused citing its right of general lien over the ornaments towards the outstanding housing loan dues - Petitioner contended that general lien cannot be exercised for debts owed by a different account holder absent explicit authorization and that repayment of the specific loan terminates the banker-customer relationship for that transaction - Bank relied upon Clause 11 of the Gold Loan Pledge Form wherein petitioner explicitly agreed that pledged ornaments could be retained as security for any other loans granted solely or jointly - High Court observed that Section 171 allows a bank to exercise general lien over bailed goods to clear unpaid debts owed by the same borrower unless there is an express contract to the contrary - Court held that the petitioner being a co-applicant in the housing loan owed the debt herself - Court further found no express contract to the contrary but rather an explicit authorization by the petitioner allowing the bank to retain the gold for other joint debts - Held - Bank is legally entitled to retain the gold ornaments by exercising general lien under Section 171 - Writ petition dismissed - [Paras 1-38].

Banking Law - Lien - Indian Contract Act 1872 - Section 171 - Express authorization for lien - Petitioner challenged bank's retention of gold ornaments post repayment - Clause 11 of the Gold Loan Pledge Form explicitly authorized the bank to retain the pledged gold as security for other loans granted to the pawner either solely or jointly - Held - In the presence of specific authorization and absence of any contract to the contrary the bank rightly exercised its general lien for the housing loan where petitioner is a co-applicant - [Paras 31-36].

Decision: Writ petition is dismissed – No order as to costs.

Writ Law - Impleadment of Legal Representative - Special Marriage Act 1954 - Section 4 - Validity of second marriage - Petitioner claimed to be second wife of deceased defendant No 2 and sought impleadment as legal representative in a partition suit - First wife of the deceased was alive at the time of the second marriage which was solemnised under the Special Marriage Act - Trial Court rejected petitioner's impleadment application while allowing her daughter's application - High Court observed that Section 4 strictly prohibits marriage if either party has a living spouse - Petitioner admitted to being the second wife in her affidavit - Act is a secular and self-contained code and parties invoking it cannot claim exemptions under personal law - Marriage void ab initio - Petitioner cannot claim status of widow or legally wedded wife to represent the estate - Held - Trial Court did not commit any jurisdictional error - Writ petition dismissed - [Paras 1-27].

Family Law - Void Marriage - Special Marriage Act 1954 - Section 4 - Conflict with personal law - Deceased defendant was a Muslim male who contracted a second marriage under the Special Marriage Act during the subsistence of his first marriage - Contention raised that Mohammedan law permits multiple marriages - High Court held that once parties voluntarily elect to be governed by the Special Marriage Act they are bound by its mandatory conditions including monogamy - Permissibility of multiple marriages operates only within the domain of personal law and cannot override the statutory mandate of the Special Marriage Act - Marriage void from inception - Held - petitioner cannot claim legal status as wife to prosecute or defend proceedings - [Paras 19-21].

Civil Law - Representation of Estate - Special Marriage Act 1954 - Section 4 - Rights of children of void marriage - Trial Court rejected the second wife's impleadment application but allowed the daughter born from the void relationship to be brought on record - High Court noted that children born from a void marriage are entitled to statutory protection and are competent to represent legal rights in appropriate proceedings - Held - Trial Court exercised discretion judiciously and in consonance with settled principles of succession and representation of estates - [Paras 23-24].

Decision: Writ petition dismissed – Order dated 18.08.2025 passed on I.A. No. 50 in O.S. No. 246/2012 by the Trial Court affirmed – Impleadment of proposed defendant No. 2(f) remains undisturbed and Trial Court to proceed with the suit in accordance with law.

Criminal Law - Interim Release of Vehicle - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 503 - Transportation of Cattle - Petitioner filed criminal revision challenging the order of the Gram Nyayadhikari cum JMFC Bisra rejecting his application under Section 503 of BNSS for interim release of seized vehicle - The vehicle was seized for allegedly transporting seven bullocks in violation of the Prevention of Cruelty to Animals Act 1960 and Rules 2017 - State opposed release on the ground that the Engine and Chassis numbers were not clearly visible and ownership could not be traced on the VAHAN portal - Petitioner produced registration certificate and insurance policy showing Insured Declared Value of Rs 865431 - Sub Inspector report noted a QR code on the engine and transport department sticker matching the vehicle registration number - High Court held that the petitioner prima facie established the identity and ownership of the vehicle - Keeping the vehicle in the open would expose it to the vagaries of nature serving no useful purpose - Held - Vehicle ordered to be released on the petitioner furnishing unencumbered property security of Rs 500000 and depositing Rs 100000 under the Rules of 2017 - [Paras 1-12].

Animal Welfare Law - Maintenance of Seized Animals - Prevention of Cruelty to Animals Care and Maintenance of Case Property Animals Rules 2017 - Rule 5 - Cost of Transport Treatment and Care of Animals - Seven bullocks were given in interim custody to a social worker due to non-availability of an authorized Gaushala - The social worker incurred an expenditure of Rs 297000 for their maintenance - Rule 5 of the 2017 Rules makes the vehicle owner jointly and severally liable for maintenance costs - High Court quantified the animal wellbeing amount to Rs 300000 and directed the petitioner to pay fifty percent thereof amounting to Rs 150000 - Held - Petitioner being vehicle owner is liable for fifty percent of the maintenance cost of animals under Rule 5 of the 2017 Rules - [Paras 8-16].

Decision: Criminal Revision allowed - Interim release of the vehicle directed subject to the petitioner furnishing unencumbered property security of Rs. 5,00,000/- and complying with directions for payment of animal maintenance costs.

Criminal Law - Summoning of material witness - Code of Criminal Procedure 1973 - Section 311 - Applicant accused challenged trial court order rejecting plea to summon two experts who assisted mentally challenged victim during statement recording under Section 164 CrPC - Trial court rejected application on grounds of delay and non conduct of examination in chief of proposed witnesses - High Court observed that victim introduced allegation of rape for the first time in her 164 CrPC statement with assistance of said experts making their testimony highly relevant - High Court noted that power under Section 311 expresses widest possible terms and cannot be curtailed merely due to delay or absence of examination in chief if evidence is essential for just decision - Held - Impugned order erroneous and groundless - Trial court directed to decide application afresh - Application allowed - [Paras 4-5 10-14 18-19 22-25].

Criminal Law - Power to summon witness - Code of Criminal Procedure 1973 - Section 311 - Scope and object - Power must be exercised judicially to determine truth and render just decision - Age of case or delay in filing application cannot displace basic requirement of ensuring just decision after taking all material evidence on record - Examination of witness cannot be refused merely on ground that evidence may not be conclusive if otherwise relevant - Statements of experts who assisted mentally challenged victim constitute relevant evidence - Held - Trial court erred in rejecting application cursorily - [Paras 15-18 20-22].

Decision: Application allowed – Impugned order dated 15.05.2026 set aside – Matter remitted to the trial court to consider and decide the application under Section 311 CrPC afresh in accordance with law within a period of eight weeks from the date of production of a certified copy of the order.

Customary Law - Succession of Nokma - Garo Hills Autonomous District (Social Customs and Usages) Validating (Amendment) Act 1972 - Section 11 - Appointment of Nokma for Rongrekgiri A’king land - Dispute between Raksam clan and Rongmuthu clan - Appellants claimed exclusive management while Respondent No. 4 claimed joint ownership dating back to 1917 purchase - Executive Member and Chief Executive Member of GHADC passed concurrent orders after remand by High Court - Findings based on 1927 Mouzadar report and 1938 Deputy Commissioner order confirming joint purchase by Sanna Nokma and Khaman Nokma - Appellants challenged orders alleging lack of cross-examination and non-consideration of records - Single Judge found records proved presence of parties and consideration of evidence - High Court Division Bench found no perversity in concurrent findings of three adjudicating authorities - Held - In matters involving factual disputes of succession and appointment of Nokma the High Court should not interfere in judicial review unless absolute perversity is shown - Concurrent findings of facts based on official records cannot be disturbed - Writ appeal dismissed - [Paras 1-12, 17-18].

Writ Law - Certiorari Jurisdiction - Constitution of India - Article 226 - Scope of judicial review - Findings of fact reached by inferior tribunals - High Court power to correct errors of law vs errors of fact - Reliance on Supreme Court precedents including Syed Yakoob and Sawarn Singh - Held - Certiorari jurisdiction is supervisory and not appellate - Findings of fact resulting from appreciation of evidence cannot be reopened unless based on no evidence or legally inadmissible evidence - Sufficiency of evidence is within the exclusive jurisdiction of the tribunal - High Court cannot act as an appellate court to correct mere errors of fact - [Paras 14-16].

Civil Law - Bar of Jurisdiction - Garo Hills Autonomous District (Social Customs and Usages) Validating Act 1958 - Section 11 - Jurisdiction of District Council Judge - Prayer for referral of Nokma dispute to District Council Judge - Statutory bar on civil courts entertaining proceedings regarding appointment or succession of Nokmas - Status of District Council Judge - Held - The Judge of the District Council Court discharges judicial functions under Sixth Schedule and 1953 Rules including civil cases - Such Judge constitutes a civil court within the meaning of Section 11 and is barred from entertaining Nokma succession disputes - Prayer for referral legally untenable - [Para 13].

Decision: Writ appeal dismissed – Judgment of the Single Judge affirmed – No costs.

Civil Law - Specific Performance - Specific Relief Act 1963 - Section 16 - Readiness and Willingness - Appellants filed counter-claims seeking specific performance of Agreements to Sell (ATS) for portions of industrial plot A-13 Wazirpur - Trial Court dismissed claims on grounds of breach and non-readiness - High Court observed that appellants stopped paying monthly instalments in February 1997 even though respondent had time until March 1998 to clear tax arrears under the ATS - Appellants failed to produce documentary evidence such as bank statements or income tax returns to prove continuous financial capacity - Pay orders prepared in 2004 were cancelled and never proved in evidence - Held - Continuous readiness and willingness is a condition precedent for specific performance - Appellants failed to prove financial capacity in continuum from date of agreement till decree - [Paras 31-70].

Civil Law - Contractual Breach - Specific Relief Act 1963 - Section 16(b) - Wilful variance - Appellants continued to misuse the property for steel fabrication business despite court directions in a writ petition to stop misuse for restoration of the perpetual lease deed - Respondent was obligated to restore the lease under a 2004 Compromise but could not do so due to the appellants ongoing misuse - Held - By continuing misuse the appellants acted in subversion of the relation intended by the contract - Conduct of the plaintiff seeking specific performance must be blemishless - [Paras 41-55].

Evidence Law - Proof of Documents - Indian Evidence Act 1872 - Sections 61 and 67 - Admission of Signatures - Respondent relied on Mutual Agreements produced during cross-examination of the appellants witness - Witness admitted signatures but did not confirm contents or execution - Held - Mere marking of an exhibit or admission of signature does not dispense with the proof of contents or execution of a document - Execution means signing after understanding the contents with the intention to be bound - Trial Court erred in relying on unproved documents but the ultimate conclusion on dismissal of suit remains valid due to other established breaches - [Paras 73-80].

Civil Law - Statutory Interpretation - Specific Relief Act 1963 - Section 16 - Retrospective Effect - Transactions occurred in 1995 and 2004 - Specific Relief (Amendment) Act 2018 - Held - The 2018 Amendment is prospective in nature and inapplicable to transactions that took place prior to the amendment - Unamended Section 16 of the SRA applies to the present case - [Paras 32-34].

Decision: Appeals dismissed - Common judgment and decree passed by the Trial Court affirmed.

Criminal Law - Quashing of FIR - Bhartiya Nyaya Sanhita 2023 - Sections 316(5) and 318(4) - Petitioners were Master Franchise Agents for ATM cash loading services - Allegations of misappropriating Rs. 30,95,700 by failing to load the full cash amount withdrawn from banks into designated ATMs - Petitioners argued that the dispute arose from commercial agreements dated 12.08.2024 and 31.12.2025 which contained an arbitration clause - Contended that criminal proceedings were being used as a substitute for civil recovery - Court observed that the FIR prima facie disclosed dishonest misappropriation and wrongful gain to petitioners - Held - Existence of an arbitration clause or the pendency of civil proceedings does not oust the jurisdiction of criminal courts if the facts constitute a criminal offense - Writ petition dismissed - [Paras 1-27].

Criminal Law - Concurrent Remedies - Bhartiya Nyaya Sanhita 2023 - Sections 316(5) and 318(4) - Civil and Criminal Liability - Dispute involving breach of contract and embezzlement - Petitioners claimed the matter was purely contractual - Court relied on Kathyayini Vs. Sidharth P.S. Reddy and Trisuns Chemical Industry v. Rajesh Aggarwal - Held - Criminal law and civil law can run side by side as the two remedies are not mutually exclusive but coextensive - An arbitration clause enables adjudication of civil consequences but does not prevent criminal prosecution for acts constituting an offense - [Paras 16-23].

Criminal Law - Multiple FIRs - Bhartiya Nyaya Sanhita 2023 - Sections 316(5) and 318(4) - Registration of multiple FIRs - Petitioners challenged the FIR on the ground that another FIR (No. 46) had been lodged for the same cause of action - Court perused both FIRs and found they related to different ATM machines at different locations and different misappropriated amounts - Held - Registration of separate FIRs for distinct incidents at different locations involving different set of facts is permissible - [Paras 24-25].

Decision: Writ Petition dismissed – Quashing of FIR No. 253 of 2026 refused – Interim relief denied.

Writ Law - Election of Mayor - Punjab Municipal Corporation Act 1976 - Sections 17 and 38 - Conduct of free and fair elections - Petitioners being 28 newly elected corporators out of 50 sought directions to State for expeditious and fair elections to posts of Mayor and Deputy Mayors of Municipal Corporation Abohar - Petitioners alleged that despite having majority the meeting scheduled for elections was repeatedly postponed on flimsy grounds and indefinitely deferred to encourage horse trading - State alleged unruly behavior by petitioners but conceded to convene the meeting within a week - High Court refrained from commenting on merits but bound the State to its statement to hold fair elections within a week with complete videography including voting by raising hands - Court appointed a Senior Advocate as an independent Observer to oversee the proceedings and submit a report in a sealed cover - Held - Petition disposed of with specific directions for observer appointment and security arrangements - [Paras 1-16].

Writ Law - Appointment of Observer - Conduct of Municipal Elections - Ensuring fairness in democratic process - State conceded to appointment of independent observer - High Court appointed Senior Advocate as Observer to be present during entire meeting - Observer granted liberty to take photographs and video of proceedings inside and outside venue - Observer directed to submit report in sealed cover for safe custody for six months - State directed to provide adequate security to Observer - Held - Directions issued to ensure safe and secure transit of Observer - [Paras 8-15].

Decision: Petition disposed of – State directed to convene the meeting within a week for elections with complete videography – Mr. Sandeep Goyal appointed as Observer with advance fee of Rs. 2 lakhs to be paid by petitioners – Observer's report to be filed in a sealed cover.

Writ Law - Public Interest Litigation - Andhra Pradesh Government Business Rules - [Not stated in judgment] - Dropping of Enquiry - Petitioner filed public interest litigation challenging Government Order dropping enquiry initiated against directors of medical devices manufacturing park on allegations of funds misappropriation - Earlier multiple enquiries by specialized agencies had already exonerated the directors and found the allegations to be unsubstantiated leading to previous orders dropping proceedings - Subsequent inquiry on similar overlapping facts recommended recovery but the Government upon holistic consideration of detailed explanations showing project success and regular audit clearances decided to drop further action - Held - In the absence of fresh material or incriminating evidence the decision of the Government to drop further overlapping enquiry after due application of mind is valid and cannot be faulted - Writ petition dismissed - [Paras 1-15].

Administrative Law - Multiple Enquiries - Andhra Pradesh Government Business Rules - [Not stated in judgment] - Bar on Repeated Enquiries - Challenge to the termination of administrative inquiry against officials of state enterprise - Respondents asserted that previous successive enquiries by the Anti Corruption Bureau and Vigilance Department had already cleared them of similar charges and that further parallel investigations on overlapping facts were barred under governing rules - Held - The state authority took a holistic view of the enquiry findings vis-a-vis explanations and rightly decided to drop the proceedings as there was no fresh material or incriminating evidence to sustain a third enquiry - [Paras 4-14].

Decision: Writ petition dismissed – No order as to costs – Pending miscellaneous petitions closed.