Contract Law – Recovery of Debt – Hypothecation Agreement – Appellant challenged the trial court’s decree for recovery of Rs. 2,88,667.50 with interest at 15.5% p.a. The High Court upheld the decree with modifications to the interest rate. It ruled that while the plaintiff bank (SBI) is entitled to recover the principal amount and simple interest, the contractual rate of interest is not applicable post-decree. Instead, the court awarded simple interest at 12% p.a. from the date of the suit until redemption and 6% p.a. thereafter until realization [Paras 20-21].

Interest Rate – Judicial Discretion – The High Court exercised its discretion to modify the interest rate from the contractual 15.5% p.a. to 12% p.a., citing precedents on excessive interest rates and the special circumstances of the case, including the appellant’s financial condition and adherence to Reserve Bank guidelines [Paras 18-20].

Decision – Partial Allowance of Appeal – Held – The appeal was allowed in part by modifying the rate of interest from 15.5% p.a. to 12% p.a. from the date of suit till redemption and 6% p.a. thereafter till realization – The judgment of the Trial Court was otherwise affirmed, and each party was directed to bear their own costs – Miscellaneous petitions related to the appeal were dismissed [Paras 20-21].

Criminal Law – Bail – Section 302 IPC – Speedy Trial and Delay – Petitioners, accused of causing the death of Manpreet Kaur by running a car over her, sought bail after nearly three years in custody – The prosecution’s case faced challenges due to delays in trial, with only 11 out of 32 witnesses examined – Held, given the prolonged pre-trial detention and the right to a speedy trial, continued custody of the petitioners serves no meaningful purpose – Bail granted with conditions to ensure attendance and prevent witness tampering [Paras 10-11].

Decision: Petitions allowed – Petitioners granted bail on conditions including reporting to the police, surrendering passports, and providing sureties.

Motor Vehicles Act – Compensation – Determination and Enhancement – High Court modified the award granted by the Motor Accident Claims Tribunal (MACT) in a case involving death due to a road accident caused by rash and negligent driving – The High Court increased the compensation amount from Rs. 12,75,108/- to Rs. 26,16,366/- by considering factors such as the deceased’s monthly income, future prospects, and general damages under conventional heads – High Court directed the insurance company to pay the compensation with interest and granted it the right to recover the amount from the vehicle owner due to the driver’s lack of a valid driving license at the time of the accident [Paras 9-20].

Insurance Law – Pay and Recover Principle – The High Court invoked the "pay and recover" principle, ordering the insurance company to compensate the claimants and recover the amount from the vehicle owner, as the driver did not have a valid license at the time of the accident – Relied on precedents where such directions were issued to meet the ends of justice despite the insurance company not being liable under normal circumstances due to breach of policy conditions [Paras 17-20].

Decision – Modification of Tribunal’s Award – Held – The appeal was disposed of by enhancing the compensation and modifying the Tribunal’s order to allow the insurance company to recover the amount from the vehicle owner – No order as to costs [Paras 20-21].

Criminal Law – Anticipatory Bail – Section 482 BNSS – Fraud and Forgery Allegations – Petitioner sought anticipatory bail in a case involving charges of fraud, forgery, and criminal conspiracy related to an alleged scheme to send the complainant's nephew abroad – The complainant alleged the petitioner’s involvement in defrauding him of Rs. 20,24,000 under the pretext of securing a visa – Held, after consideration of the circumstances, including a compromise reached between the parties, anticipatory bail granted – Petitioner directed to join the investigation and abide by conditions imposed under Section 482(2) of BNSS [Paras 4-5].

Decision: Petition allowed – Anticipatory bail granted subject to conditions, including cooperation with the investigation.

Right to Education – Continuity of Education – Merger of School IDs – Petitioners, admitted to the Junior Wing of Holy Innocents Public School under the EWS/DG category, were denied admission to the Senior Wing due to different School IDs assigned by the Directorate of Education (DoE) – High Court directed the merger of School IDs of Junior and Senior Wings of schools run by the same educational society – Held that the distinction between School IDs should not hinder continuous education under the EWS/DG category – Court emphasized that the RTE Act mandates the provision of continuous education, and any such denial based on technical grounds violates the fundamental rights of children [Paras 1-53].

Ensuring Dignified Admissions – Appointment of Nodal Officer – High Court directed all private unaided recognized schools in Delhi to appoint a Nodal Officer responsible for overseeing the admission process for EWS/DG students – The Court also issued guidelines to address language barriers and ensure a respectful and accessible admission process, emphasizing that discrimination against EWS/DG category students in admission processes must be eradicated [Paras 54-59].

Decision: Writ petitions allowed – The Court directed the DoE to merge the School IDs of Junior and Senior Wings of schools run by the same society within eight weeks, ensuring the continuous education of EWS/DG category students – Directions were also issued to regularize provisional admissions granted during the pendency of the case [Paras 52-68].

Criminal Law – Bail – Offenses under IPC and IT Act – The Gujarat High Court dismissed the bail application of the accused, Labhshankar Duryodhan Maheshwari, who was charged with serious offenses including conspiracy against the state and cybercrime. The Court emphasized that the evidence on record, including the use of a SIM card for illegal activities, the applicant's connection with Pakistan, and the alleged involvement in transmitting sensitive information, was sufficient to deny bail [Paras 6-7].

Bail Principles – Seriousness of Allegations – The Court acknowledged the principle that bail is the rule and jail is the exception but clarified that in cases involving national security and serious criminal conspiracy, the seriousness of the allegations cannot be overlooked in deciding bail [Paras 4-7].

Decision: Application dismissed. The Court found that the applicant's involvement in activities detrimental to national security, along with his connections to Pakistan, posed a significant risk, justifying the denial of bail.

Criminal Law – Anticipatory Bail Application under Section 438 of CrPC – Rejection by the High Court – No Material Change in Circumstances – The petitioners sought anticipatory bail in connection with charges under Sections 498A, 323, 406, 506, and 34 IPC and Sections 3/4 of the Dowry Prohibition Act. The High Court had previously rejected their application for anticipatory bail. The petitioners renewed their application on the grounds of a change in circumstances, particularly the absence of an FIR filed against them in Mumbai as previously assumed. However, the High Court found that there was no material change in circumstances since the earlier rejection. The petitioners' reliance on RTI information showing no FIR in Mumbai did not alter the findings based on the case diary and previous submissions. The Court dismissed the renewed application for anticipatory bail, emphasizing the ongoing investigation and the serious allegations against the petitioners. [Paras 1-22]

Evidence Evaluation – Credibility of Witness Statements and Case Diary – The Court carefully examined the case diary, including statements from the parents of the de facto complainant, which implicated the petitioners in demands for dowry and in the mental and physical torture of the complainant. Despite the petitioners' assertions that they were misled by the absence of an FIR in Mumbai, the Court found that the evidence in the case diary and the nature of the allegations required further investigation, and therefore, did not justify the granting of anticipatory bail. [Paras 12-16]

Decision – Dismissal of the Application – Held – The application for anticipatory bail was dismissed. The Court held that the petitioners failed to demonstrate any material change in circumstances that would warrant a different decision from the earlier rejection. The need for ongoing investigation into the serious allegations was upheld, leading to the denial of anticipatory bail. [Para 23]

Civil Law – Property Law – Permanent Injunction – Proof of Possession – Plaintiff sought permanent injunction claiming ownership and possession of the suit property – Defendant denied plaintiff's possession, claiming possession of 1/3rd share and others holding 2/3rd share – Both lower courts dismissed the suit, finding that the plaintiff failed to provide cogent and convincing evidence of possession – Held, the plaintiff's evidence was insufficient to prove possession, justifying the dismissal of the suit – Appeal dismissed as devoid of merit [Paras 6-7].

Decision:

Appeal dismissed – The findings of the lower courts upheld, affirming that the plaintiff failed to establish possession of the suit property.

Education Law – Admissions – Sanctity of Cut-Off Dates – Technical Snag – Petitioners sought relief for missing the deadline to upload documents and pay fees for nursing course admissions, citing a technical snag – PNRC contested the claim, stating that no technical issues were reported by other institutions and that the petitioners failed to take timely remedial action – Held, the sanctity of cut-off dates in the admission process is paramount, and the petitioners failed to provide credible evidence of a technical snag – Relief denied as the petitioners did not fulfill the necessary requirements within the prescribed timeline [Paras 3.1-4.2].

Decision:

Petitions dismissed – No grounds to interfere with the decision of PNRC as the petitioners failed to establish that their failure was due to a technical snag.