Civil Law - Lease and Eviction - Petroleum Rules 2002 - Rule 152 - Petitioner sought eviction of respondent-corporation from leased premises after lease expiry in 2018 - Respondent contended title dispute and laches - Court held that upon lease expiry the lessee loses legal right to site under Rule 152 - Litigious possession cannot be equated with lawful possession - Respondent as a Government of India entity must act as a role model and not squat on property without legal basis - Held - Writ maintainable to direct surrender of vacant possession - [Paras 7-13].

Writ Law - Maintainability - Article 226 of the Constitution of India - Judicial interference in eviction - Petitioner sought recovery of property post-lease expiration - Respondent challenged locus standi and cited 7-year delay - Court observed that respondent had no semblance of defense to continue possession - Relegation to civil suit not required where facts are admitted and continued occupation is illegal - Held - Relief granted under writ jurisdiction to prevent arbitrary state action - [Paras 12-13].

Evidence Law - Possession - Nature of possession - Litigious versus Lawful - Respondent claimed continued possession as a defense - Court relied on precedent that possession without a valid lease or legal right is merely litigious possession - Held - Mere occupation post-expiry does not confer legal right or lawful possession - [Paras 10-12].

Decision: Writ Petition allowed – Respondent nos. 2 to 4 directed to remove equipment and handover vacant possession of the property to the petitioner within three months from the date of receipt of the order.

Civil Law - Property Law - Transfer of Property Act 1882 - Section 123 - Oral Gift - Validity of - Plaintiff filed suit for possession against defendant who claimed oral gift of property by plaintiff to her family thirty-five years prior - Defendant failed to produce registered gift deed or any contemporaneous document proving title transfer - Held - Under Section 123 of Transfer of Property Act 1882 gift of immovable property must be effected by registered instrument - Oral gift is not legally sustainable - Trial Court decree for possession upheld - [Paras 54-81].

Civil Law - Adverse Possession - Limitation Act 1963 - Essential Ingredients - Plea of adverse possession not raised in written statement and raised only at final arguments - Possession originated as permissive occupation for domestic service and caretaking - Held - Permissive possession cannot transform into adverse possession without clear evidence of hostile animus known to true owner - Mere long possession does not ripen into title - Appeal dismissed - [Paras 91-106].

Civil Law - Caretaker-Owner Relationship - Property Possession - Law of Possession - Defendant admitted occupying property as caretaker while assisting plaintiff's family - Held - A caretaker or servant does not acquire any right or interest in the property regardless of duration of stay - Possession held on behalf of principal remains permissive - [Paras 82-90].

Civil Law - Mesne Profits - Code of Civil Procedure 1908 - Order XX Rule 12 - Waiver of Claim - Trial Court awarded damages of Rs 1,00,000 - During appellate proceedings respondent expressly waived right to claim mesne profits - Held - Monetary relief set aside pursuant to categorical statement made by respondent - [Paras 107-111].

Decision: Appeal dismissed - Possession stands delivered to respondent - Monetary decree towards damages/mesne profits stands waived by respondent.

Criminal Law - Quashing of FIR - Code of Criminal Procedure 1973 - Section 482 - Compromise between parties - Petitioners challenged FIR alleging offences under Sections 147, 323, 342, 382, 504 and 506 IPC as a counterblast to environmental complaints filed before National Green Tribunal - During pendency parties entered into a compromise deed and recorded statements before Registrar Judicial confirming amicable resolution - Court applied guidelines from Narinder Singh vs State of Punjab 2014 6 SCC 466 noting offences were not heinous and continuation would lead to abuse of process - Held - Proceeding quashed to secure ends of justice - [Paras 1-11].

Criminal Law - Inherent Powers of High Court - Code of Criminal Procedure 1973 - Section 482 - Prevention of abuse of process - Dispute primarily arising from commercial and civil grievances - Complainant-Respondent No 2 specifically stated no objection to quashing - Court satisfied that conviction chances are bleak - Held - Continuation of proceedings against petitioners is unwarranted - [Paras 7-10].

Decision: Petition allowed - FIR No 0104/2023 dated 30/04/2023 registered at Police Station Banihal along with all subsequent proceedings is hereby quashed.

Criminal Law - Income Tax Evasion - Income Tax Act 1961 - Sections 276C, 277 and 278B - Petitioners convicted by trial court for alleged tax evasion based on assessment order dated 08/01/1988 - Appellate court dismissed appeals and upheld conviction - Division Bench of High Court in subsequent tax appeal set aside the foundation assessment order and remanded matter for fresh assessment - High Court in revision held that since the very basis of the prosecution stands demolished by the setting aside of the assessment order the criminal proceedings cannot sustain - Petitioners acquitted of all charges - Held - Prosecution unsustainable without a valid assessment order - [Paras 1-14].

Criminal Law - Prosecution - Sustainability - Income Tax Act 1961 - Section 276C - Foundation of complaint - Where a complaint for tax evasion is predicated solely on an assessment order which is subsequently set aside by a competent court - The criminal prosecution loses its substratum - Held - Conviction and sentence liable to be set aside - [Paras 12-13].

Decision: Petitions allowed - Impugned judgments of conviction and orders of sentence set aside - Petitioners acquitted of the charges framed against them.

Motor Vehicles Law - Permit Variation - Motor Vehicles Act 1988 - Section 80(3) - Application for variation - Petitioner challenged order of RTA granting concurrence for permit extension on a route already identified by the RTA as saturated and detrimental to passengers - RTA had recorded findings that extension would cause unhealthy competition and lack of sufficient time for crews yet proceeded to grant concurrence - High Court observed that order contained internal contradictions and findings militating against the grant of relief - Held - Non-application of mind and improper exercise of jurisdiction by RTA - Order set aside - Matter remanded for fresh consideration - [Paras 10-13].

Administrative Law - Judicial Review - Article 226 of the Constitution of India - Alternate remedy - Maintainability - Respondent argued for exhaustion of statutory appellate remedy under Section 90 of the Motor Vehicles Act 1988 - High Court held that where an order demonstrates a patent non-application of mind and exercise of jurisdiction contrary to findings recorded therein it constitutes a fit case for interference under Article 226 despite existence of alternate remedy - Held - Writ petition maintainable - [Para 13].

Decision: Writ petition allowed - Impugned order Ext.P6 set aside - First respondent directed to consider the request for concurrence afresh in accordance with law within two months.

Civil Law - Matrimonial Property - Family Courts Act 1984 - Return of gold ornaments - Wife sought recovery of 62.25 sovereigns of gold ornaments alleging misappropriation by husband - Trial Court disallowed entire claim citing lack of precise timeline and evidence - High Court noted that husband admitted in cross-examination to pledging wife's gold ornaments though failed to produce evidence of redemption - Held - In matrimonial litigation involving gold ornaments parties cannot always provide exact particulars or timeline of misappropriation - Based on evidence and probabilities the Court directed the respondent to return 20 sovereigns of gold or its market value - [Paras 8-12].

Family Law - Maintenance - Protection of Women from Domestic Violence Act 2005 - Past maintenance - Claim for past maintenance rejected by Family Court as parties were residing in the same building until 05/05/2019 - Held - Finding of the trial court regarding the residence of the parties is consistent with evidence on record and does not warrant interference - [Para 13].

Evidence Law - Burden of Proof - Civil Procedure Code 1908 - Section 35 - Monetary claims - Petitioner failed to establish the payment of Rs 2,00,000 allegedly given for land purchase through sufficient evidence - Held - Trial court finding regarding the failure to prove the transaction is upheld - [Para 14].

Decision: Appeal allowed in part – The first respondent is directed to return 20 sovereigns of gold ornaments to the first appellant within one month, failing which the appellant is entitled to recover the market value of the gold as on the date of recovery – The remaining part of the trial court judgment is upheld.

Civil Law - Matrimonial - Special Marriage Act 1954 - Section 25(iii) - Nullity of marriage on grounds of fraud - Appellant husband sought annulment alleging respondent wife concealed chronic medical condition ITP post-splenectomy - Trial Court dismissed suit finding no active concealment and noting lack of evidence - High Court held that fraud under Section 25(iii) read with Section 17 of the Indian Contract Act 1872 requires active concealment or deliberate suppression - Appellant failed to prove respondent was under duty to speak or that condition was material - Appellant withheld best evidence by not examining his father who conducted negotiations - Held - Decree of dismissal affirmed - [Paras 17-37].

Evidence Law - Burden of proof - Indian Evidence Act 1872 - Section 114(g) - Adverse inference - Appellant withheld his father as a witness despite him being the primary recipient of alleged medical disclosures - Held - Court entitled to draw adverse inference that evidence withheld would have been unfavourable to appellant - [Paras 25-35].

Criminal Law - Perjury - Code of Criminal Procedure 1973 - Section 340 - Application for prosecution for perjury - Appellant filed application alleging respondent lied about medical disclosure - Held - Section 340 CrPC is an exceptional jurisdiction not to be used to settle personal scores in matrimonial disputes - Mere inconsistency in testimony does not constitute perjury - No prima facie case of deliberate falsehood made out - [Paras 38-41].

Evidence Law - Admissibility - Indian Evidence Act 1872 - Section 65B - Electronic evidence - WhatsApp chats sought to be relied upon by appellant as admission of fraud - Held - Electronic records inadmissible for lack of mandatory certificate and for being produced in a fragmented manner without context - [Para 26].

Decision: Both appeals dismissed with costs of Rs 1,00,000/- imposed on the appellant to be paid to the respondent within four weeks - Trial court judgment affirmed.

Civil Law - Municipal Law - M.P. Municipal Corporation Act 1956 - Section 307(5) - Locus Standi - Petitioner sought removal of illegal construction by respondents on the ground of contravention of building permission - Trial Court dismissed application for lack of locus standi as petitioner resided in Mhow Cantonment area and not within Indore Municipal Corporation limits - Petitioner contended that 'any person' in Section 307(5) is wide enough to include non-residents - High Court examined Full Bench precedent in Dilip Kaushal vs State of MP - Held - While Section 307(5) grants a right to 'any person' to file for injunction for removal of illegal structures independent of Specific Relief Act or CPC provisions - such locus standi is restricted to persons residing within the area where the Act of 1956 applies - Trial Court order upheld - [Paras 1-15].

Civil Law - Interpretation of Statutes - M.P. Municipal Corporation Act 1956 - Section 307(5) - Meaning of 'any person' - The phrase 'any person' must be read in the context of the legislative intent to regulate 'Building Control' within the specific municipal jurisdiction - Held - The right to sue under this section is statutorily limited to residents within the municipal area governed by the Act - [Paras 10-14].

Civil Law - Territorial Jurisdiction - Cantonment Act 2006 vs M.P. Municipal Corporation Act 1956 - Petitioner claimed residency in Mhow - Held - Areas governed by the Cantonment Act are excluded from the jurisdiction of the M.P. Municipal Corporation Act - Therefore a resident of a Cantonment area cannot maintain a suit under Section 307(5) of the Act of 1956 - [Para 12].

Decision: Civil Revision dismissed – The order of the Trial Court is affirmed – No order as to costs.

Criminal Law - Murder - Indian Penal Code 1860 - Section 302 - Appellant-convicted for assaulting room partner with knife following altercation over lifting a bag - Victim succumbed to septicemia and perforative peritonitis fourteen days post-incident - Trial Court convicted Appellant based on three consistent dying declarations made to a waiter-police constable-Investigating Officer - High Court upheld conviction observing that multiple dying declarations were consistent-voluntary-truthful and the causal nexus between the initial stab injuries and subsequent septicemia death was established through medical evidence - Held - conviction sustained - appeal dismissed - [Paras 1-61].

Evidence Law - Dying Declaration - Indian Evidence Act 1872 - Section 32 - Admissibility - Absence of medical certification or Magistrate - Victim made oral statements to a waiter and constable and a written statement to an Investigating Officer - High Court held that neither the absence of doctor’s fitness certificate nor the lack of a Magistrate’s recording invalidates a dying declaration if the court is satisfied it was voluntary and truthful - Held - Section 32 does not require imminent expectation of death for a statement to qualify as a dying declaration - [Paras 30-40].

Criminal Law - Homicidal Death - Indian Penal Code 1860 - Section 300 - Causation - Victim died due to septicemia resulting from abdominal stab wounds fourteen days after the incident - Appellant argued break in causal chain - High Court held that where death occurs due to septicemia supervening upon fatal injuries, the assailant remains liable under Section 302 IPC - Complications flowing naturally from the injury do not absolve the accused - [Paras 19-21].

Evidence Law - Identity of Accused - Electronic Evidence - IMEI mismatch - CDR and IMEI data used to trace the appellant - Discrepancy in the last digit of the IMEI number - High Court applied the Luhn check digit algorithm logic to conclude that a variance in only the last digit of an IMEI number does not imply a separate device and is likely a typographical error - [Paras 54-55].

Decision: Appeal dismissed – Conviction and sentence under Section 302 IPC affirmed.