Civil Appeal – Specific Performance – Appellant defendant contesting a suit for specific performance – Sale Agreement executed for purchase of properties – Defendant's contention that Agreement was executed as security for a loan and not with the intent to sell – Lack of readiness and willingness on part of plaintiff – Examination of evidence – Trial Court and Appellate Court erroneously granting specific performance – Courts failed to consider critical aspects such as the Sale Agreement being for a poromboke land without title verification, appellant's filing of a suit for permanent injunction, appellant's refusal to execute Sale Deed on the agreed date, and the plaintiff's delay in filing the suit – Equitable relief of specific performance not available – Judgment and Decree set aside – Appellant directed to return the advance payment of Rs.1,75,000/- with interest at the rate of 12% per annum from the date of Agreement till the date of payment to respondents within six months. [Para 18-33]

Industrial Law - Challenge to Award - Certiorari Jurisdiction - Industrial Dispute - Proof of 240 Days Work - Writ Jurisdiction of High Court – Petition filed under Articles 226/227 challenging the award of Industrial Tribunal rejecting the petitioner’s claim for reinstatement and benefits. Petitioner failed to provide sufficient evidence of having worked 240 days in the year preceding termination. High Court held jurisdiction under Article 226/227 to be supervisory, not appellate, and could only interfere to correct errors of law apparent on the face of the record. No error of law found in the Tribunal's decision - Petition dismissed. [Paras 1-17]

Burden of Proof - Continuous Service - Section 25F of the Industrial Disputes Act - Held: Burden of proof lies on the workman to demonstrate 240 days of continuous service in the year preceding termination. Petitioner’s affidavit alone insufficient without corroborative evidence like employment records or payment vouchers. [Paras 9-10, 12-13]

Exercise of Jurisdiction under Article 226/227 - Parameters for Interference - High Court’s jurisdiction under Article 226/227 is limited to correcting errors of jurisdiction or errors of law apparent on the face of the record. Supervisory jurisdiction does not allow re-appreciation of evidence or questioning factual findings unless based on no evidence or procedural illegality. [Paras 15-16]

Decision - Dismissal of Petition - Court dismissed the writ petition, holding that the Industrial Tribunal’s decision did not suffer from any error of law or jurisdictional error. The petitioner failed to provide adequate evidence to support his claim of 240 days of continuous service. [Paras 16-17]

Criminal Appeal – Challenge to conviction and sentence – Appellants convicted of various offenses, including murder and under the SC/ST (Prevention of Atrocities) Act – Multiple appeals arising from a common judgment – Arguments raised regarding inconsistencies in eyewitness testimonies, doubts about the place of occurrence, and the sufficiency of evidence. [Para 8-9]

Criminal Appeal - Charges of murder and attempted murder against multiple appellants - Three key issues for consideration:

(I) Whether the prosecution has established the place of occurrence beyond all reasonable doubts?

(II) Whether the prosecution has proved the manner of occurrence beyond all reasonable doubts?

(III) Whether the non-examination of independent witnesses has prejudiced the trial of the appellants? [Para 10]

Place of Occurrence - Eyewitnesses consistently testify about the location of the incident - Corroborated by evidence of fired bullet fragments, pellets, and cartridge parts found at the scene - No doubt about the place of occurrence. [Para 11]

Manner of Occurrence - Multiple eyewitnesses provide a consistent account of the events, including the weapons used - Medical evidence aligns with eyewitness testimonies - Prosecution effectively establishes the sequence of events. [Para 12]

Non-examination of Independent Witnesses - All eyewitnesses are either related witnesses or interested witnesses - Their testimonies converge towards establishing guilt - Mere relationship does not undermine credibility - Non-examination of independent witnesses does not affect the strength of the prosecution's case. [Para 13]

Conviction and Dismissal - Prosecution successfully proves charges against certain appellants - Criminal appeals dismissed - Acquittal of other accused upheld due to lack of evidence establishing a shared common object. [Para 14-23]

Railway Accident – Compensation Claim – Appellants, dependents of deceased Krishna Ram, filed a claim petition against the Railway for the untoward incident leading to the death of the deceased – The Tribunal dismissed the claim application based on the argument that the deceased was not a bona fide passenger, and no journey ticket was found with him – The appellants appealed against this decision. [Para 1-3]

Bona Fide Passenger – Proof of the deceased being a bona fide passenger – Evidence presented, including the joint journey ticket of appellant No.1 and her children, inquest report, and post-mortem report, clearly establishes that the deceased was a bona fide passenger traveling with his family members. [Para 11-12]

Strict Liability – Application of Section 124-A of the Railways Act, which imposes strict liability in railway accidents – The Tribunal’s finding that the deceased’s death resulted from a railway accident, supported by evidence, affirms the applicability of strict liability. [Para 13]

Exception to Compensation – Failure to prove that the deceased’s death was due to self-inflicted injuries, suicide, or criminal act – The respondent failed to establish any of these exceptions under Section 124-A of the Railways Act. [Para 14]

Dependents – The appellants, who are the widow and children of the deceased, have proven their dependency on the deceased’s income. [Para 19]

Decision – The appeal is allowed, and the impugned order is set aside – The appellants are entitled to compensation of ₹4 lakhs with interest at a rate of 7% per annum from the date of filing the claim application – Distribution of compensation among appellants specified, including the deposit of the minor appellant’s share in a Nationalized Bank until she reaches the age of majority. [Para 20]

Regular Bail – Section 439 Cr.P.C. – Petitioner seeks regular bail in FIR No.0004, dated 15.07.2022 under various sections of the IPC, Arms Act, and Explosive Substances Act. Petitioner accused of anti-national activities and contact with ISI agents. [Para 1]

Prosecution Case – Investigation Details – Secret information led to FIR against individuals for illegal activities, arms supply, and disturbing societal peace. Petitioner and co-accused named in FIR based on secret information and subsequently arrested. [Para 2]

Defense Arguments – Nature of Offense – Petitioner’s counsel argues no concrete evidence for attempted assassination or extortion, only weapon possession under Arms Act. Notes co-accused have been granted bail, some under Section 167(2) Cr.P.C. [Para 3]

State Arguments – Seriousness of Offense – Counsel for the State contends petitioner part of a larger gang involved in anti-national activities. Admits only a weapon was recovered from the petitioner. [Para 4]

Court Observations – Status of Trial – Trial yet to commence; no prosecution witnesses examined. Petitioner in custody since 28.07.2022; co-accused have been granted bail. [Para 5-6]

Decision – Grant of Bail – Without commenting on the merits, the Court grants regular bail to petitioner subject to terms and conditions, including monthly police station appearances and deposit of FDR. [Para 7-10]

Miscellaneous – Court Instructions – Petitioner must deposit his passport with the Trial Court and appear monthly at the police station. FDR of Rs.1,00,000 to be deposited with the Trial Court. [Para 8-10]

Disposition – Petition allowed; petitioner granted bail under specified conditions. [Para 11]

Writ Petition – Inclusion of petitioner’s name in the birth certificate – Refusal by the Corporation based on a 15-year rule – Dispute over the petitioner’s name not being mentioned in her birth certificate – Validity of refusal challenged. [Para 1-5]

Rule Interpretation – Examination of whether the Municipal Corporation can refuse the inclusion of the petitioner’s name in the birth certificate due to a perceived delay in the application, considering Rule 10 of the Karnataka Registration of Births and Deaths Rules, 1999. [Para 9-10]

Rule Application – Determination that the refusal based on a 15-year period from the Rules coming into force is not justified, as it would disproportionately affect minors and the petitioner’s identity and paternity are not disputed. [Para 20]

Decision – The writ petition is allowed, the refusal endorsed on July 28, 2023, is quashed, and the respondent is directed to issue a birth certificate with the petitioner’s name within 30 days. The incorporation of Rule 10 in future birth certificates is also ordered. [Para 22]

Family Law – Divorce Petition – Allegations of cruelty – Appeal filed against a divorce decree granted on the grounds of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 – Appellant wife sought to challenge the judgment dated 28.01.2019 of the Family Court allowing the respondent husband’s divorce petition – Facts of the case involved allegations of cruelty, mental torture, threats of suicide, and attempts to poison – Appellant’s challenge included allegations of improper service of summons and denial of opportunity to defend – Appeal dismissed, decree of divorce upheld. [Para 1]

Service of Summons – Proper service on the appellant – Court found service of summons to the father of the appellant to be valid as per Order V Rule 15 of the Code of Civil Procedure – Despite irregularities, appellant had knowledge of the proceedings and appeared in the Court – Application to set aside ex-parte proceedings dismissed – Principles of Natural Justice not violated. [Para 10]

Mental Cruelty – Allegations of cruelty supported by evidence – Appellant frequently quarreled, left the matrimonial home without notice, and denied cohabitation – Threats of suicide and attempts to poison respondent and his parents – Withdrawal from matrimonial obligations amounted to mental cruelty – Supported by precedents like Shobha Rani vs Madhukar Reddi and Pankaj Mahajan vs Dimple. [Para 16-21]

Illicit Relationship Allegations – False accusations of extra-marital relationship – Supreme Court precedent Vijay Kumar Ramchndra Bhate vs Neela Vijaykumar Bhate established such allegations as grave assault on character, honor, and reputation – Unsupported allegations of this nature led to a breakdown of trust and faith – Precedent Nagendra vs K. Meena emphasized the seriousness of baseless and reckless allegations. [Para 22-25]

Appellant’s appeal dismissed – Impugned judgment upheld – Allegations of cruelty, mental torture, and improper service addressed – Decree of divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 upheld by Family Court. [Para 26-28]

Quashment of FIR – Petitioner seeks quashment of FIR and consequential proceedings related to alleged harassment for dowry – Allegations include harassment for dowry and cruelty – FIR registered under Sections 498(A), 506, 34 of IPC and Section 4 of Dowry Prohibition Act.

Allegations against petitioner – Petitioner’s son married complainant as per Hindu rituals – Second marriage of petitioner’s son – Allegations include harassment, demand of dowry, and cruelty against petitioner.

Grounds for quashment – Petitioner alleges that complaint filed for personal vendetta due to failure to settle complainant’s married life with petitioner’s son – Petitioner claims that allegations are afterthought and frivolous.

Nature of allegations – Allegations in FIR are general and omnibus, lacking specific details or incidents of cruelty attributed to petitioner – Delay in lodging complaint raises questions about veracity.

Legal principles – High Court’s jurisdiction to quash FIR under Section 482 CrPC to prevent abuse of legal process or secure ends of justice – Principles laid down in State of Haryana v. Bhajan Lal and other relevant cases discussed.

Analysis of allegations – Complainant resided at matrimonial home for only twelve days, alleged cruelty incident is trivial – Delay in lodging complaint raises doubts about credibility – FIR appears to be a counterblast to actions taken by petitioner’s son against complainant.

Court’s decision – Court invokes inherent powers under Section 482 CrPC – Quashes FIR and consequential proceedings related to petitioner’s involvement – Cites case law to support decision.

Conclusion – MCRC disposed off – Certified copy as per rules issued.

Challenge to order under Section 156(3) of Cr.P.C – Petitioner company seeks registration of FIR against respondent No.1, alleging misappropriation of funds during his tenure as Credit Manager.

Discretion in ordering police investigation under Section 156(3) – Court examines whether learned JMFC was justified in declining to forward the complaint for registration of FIR – Discusses relevant legal provisions.

Exercise of discretion in a judicious manner – Magistrate’s discretion must be guided by judicial reasoning and need for police investigation, especially in cases involving documentary evidence not under the complainant’s control.

Allegations making out a cognizable offence – Prima facie case of cheating, criminal misappropriation, and forgery reflected in the allegations – Court finds the reasoning applied by the Magistrate against guiding principles of law.

Order set aside – Impugned order of declining to forward the complaint for investigation is set aside – Magistrate directed to reconsider the application for forwarding the complaint to police, adhering to guidelines laid down by the Supreme Court.