Writ Jurisdiction – Fraudulent Registration – Unilateral Deeds – Writ Petitions Maintainable – Appeal against quashing of registered deed of cancellation, deed of declaration, and gift deed executed by borrower without authority – Appellants argued alternative remedy and pendency of civil suits – Held: High Court rightly exercised writ jurisdiction considering the egregious fraud and abuse of legal process – Registration of cancellation/declaration by non-parties to assignment was impermissible – Senior Sub-Registrar’s actions found to be unlawful and without jurisdiction [Paras 6–7, 17–26, 30]

Property Law – Mortgage – Assignment of Debt – Borrower Cannot Unilaterally Cancel – ARCIL, as assignee of Indian Overseas Bank under a registered assignment agreement, acquired rights over mortgaged property – Borrower’s subsequent declaration and cancellation deeds purporting to void assignment were fraudulent and ultra vires – Gift deed based on such declarations also invalid – Held: Appellant had no right to nullify or override valid assignment and mortgage [Paras 7–13, 22–24]

Stamp Act – Impounding Without Notice – Action by Anti-Corruption Council – Abuse of Power – Senior Sub-Registrar impounded resolution plan executed between borrower and ARCIL based on submission by Anti-Corruption Council – No notice to ARCIL – Court held impounding illegal and violative of natural justice – Anti-Corruption Council’s locus and possession of private commercial documents unexplained – Apparent misuse of registration office [Paras 2–3, 20–22]

Administrative Law – Inquiry Against Public Officer – Senior Sub-Registrar’s Conduct – Court took note of memo by State Government confirming cancellation of registered documents and initiation of inquiry against Sub-Registrar – Future criminal proceedings contemplated – In light of action taken, Court refrained from further observations on official misconduct [Paras 27–29]

SARFAESI – Enforcement of Security Interest – Borrower’s Attempt to Derail Recovery – Despite ARCIL taking possession under SARFAESI, borrower executed false documents, initiated suits, and filed complaints to obstruct enforcement – High Court upheld ARCIL’s rights and struck down manipulative actions [Paras 8–11, 14–16]

Decision: Appeal dismissed – Order of Single Judge upheld – Cancellation, declaration, and gift deed rightly quashed – State inquiry into Sub-Registrar’s conduct ongoing – No costs – Pending applications disposed.

Motor Accident – Compensation – Quantum – Income Assessment – Tribunal assessed monthly income of deceased at ₹15,680 based on Deputy Commissioner’s wage notification for skilled labour – Appellant insurer contended income should have been computed as ₹8,245 per minimum wage notification – Held: Deceased held valid licence for heavy vehicles and was rightly treated as skilled labour – Deputy Commissioner’s wage notification applicable – No perversity or illegality in Tribunal’s approach – Tribunal’s award of ₹19,60,000 with 7.5% interest upheld [Paras 3–11].

Appellate Review – Scope – Interference by appellate court only if findings are perverse or arbitrary – Mere alternative view not sufficient – Citing Saroj & Ors. v. IFFCO-Tokio General Insurance Co., 2024 INSC 816, Court held that absence of contrary evidence justifies reliance on local wage notifications for income computation – Findings of Tribunal affirmed [Paras 6–9].

Decision: Appeal dismissed – Tribunal’s award upheld – Appellant Insurance Company entitled to refund of statutory deposit of ₹25,000 [Paras 12–13].

Negotiable Instruments – Cheque Dishonour – Financial Capacity – Section 138 NI Act – Accused issued cheque of Rs.5,00,000 which was dishonoured for insufficient funds – Trial Court acquitted accused holding complainant failed to prove her financial capacity to lend the money – Appellate Court held that unless accused disputes financial capacity with evidence, presumption under Section 139 operates – Held: Trial Court erred in doubting complainant’s capacity without any rebuttal by accused – Complainant’s explanation regarding source of funds from property sale found credible [Paras 9-10].

Presumption under NI Act – Section 139 – Accused did not rebut presumption – Accused neither entered witness box nor challenged issuance or signature of cheque – No defence evidence led – Held: Presumption under Section 139 NI Act remained unrebutted – Conviction proper [Paras 5, 11].

Criminal Procedure – Legal Notice – Notice returned as “Unclaimed” – Held: Due service presumed – Complaint filed within limitation – All conditions under Section 138 NI Act fulfilled – Accused did not respond to notice nor deny liability [Paras 8-9].

Compensation and Sentencing – Conviction under Section 138 NI Act – Fine of Rs.8,00,000 imposed – Rs.7,80,000 directed to be paid to complainant as compensation under Section 357A CrPC – In default, accused to undergo simple imprisonment for three months [Para 11, Order].

Decision: Appeal allowed – Acquittal set aside – Accused convicted under Section 138 NI Act – Fine of Rs.8,00,000 imposed – Rs.7,80,000 payable to complainant as compensation – Default sentence of three months’ simple imprisonment.

Criminal Law – Cruelty by Husband – Conviction under Section 498A IPC – Evidence of physical and mental abuse – Prosecution proved that husband repeatedly abused, assaulted, and neglected his wife – Evidence of illicit relationship and alcohol addiction corroborated by multiple witnesses including son of deceased – Complaint by deceased wife prior to suicide revealed consistent ill-treatment – Held: Conviction under Section 498A IPC upheld as prosecution established cruelty [Paras 10–15, 24–28, 29–31].

Criminal Law – Abetment of Suicide – Acquittal under Section 306 IPC – Prosecution failed to establish mens rea or specific instigation by accused to commit suicide – No direct act or provocation proved to have led to suicide – Mere cruelty not sufficient to convict under Section 306 IPC – Evidence lacked proximate link between accused’s conduct and suicide – Held: Conviction under Section 306 IPC unsustainable in absence of evidence of abetment [Paras 32–40].

Evidence Law – Inconsistencies and Hearsay – Prosecution witnesses largely family members – Some statements hearsay or general in nature – Complaint regarding dowry demand found inconsistent and unsupported by documentation – Dowry Prohibition Act charges not framed – Held: Conviction under Section 498A not affected as cruelty proved, but higher threshold for abetment to suicide not met [Paras 4–6, 29–31, 36–38].

Criminal Procedure – Sentence – Appellant already undergone over 2 years in custody – Sentence for 498A IPC (2 years) covered by time served – Directed to be set off under Section 428 CrPC – Conviction under Section 306 IPC set aside – Appellant not required to undergo further imprisonment [Para 41].

Decision: Appeal partly allowed – Conviction under Section 498A IPC confirmed – Conviction under Section 306 IPC set aside – Sentence adjusted to time already served – No further imprisonment required.

Tender Conditions – Judicial Review – Turnover Criteria – Challenge to Clause 5.2 of the tender document prescribing a minimum annual turnover of ₹9 crores for eligibility and awarding marks based on turnover brackets – Petitioner alleged the clause to be arbitrary, vague, and designed to favour a specific class of bidders – Held: Tender inviting authority justified the clause based on the scale of operations (1134-bedded hospital) and need for financial capacity to provide seamless service for 2–3 months without payment – Clause not found to be arbitrary or violative of Articles 14, 19(1)(g), or 21 – No interference warranted under Article 226 [Paras 1–2.2, 5–6, 13–15]

Level Playing Field – Discrimination and Arbitrary Conditions – Court reaffirmed that while State action in contractual matters is subject to judicial review, interference is limited to cases of manifest arbitrariness, mala fides, or absence of nexus with the object of the tender – Test of arbitrariness lies in whether the impugned condition furthers the objective sought or unfairly restricts competition – In present case, requirement of high turnover held to have rational nexus with the hospital's operational needs [Paras 6, 13–15]

Scope of Judicial Review – Tender and Contractual Matters – Courts cautioned against substituting administrative decisions made by expert bodies unless the action is arbitrary, biased, or lacks justification – Reliance placed on principles from Michigan Rubber, Master Marine Services, Balaji Ventures, and Subodh Kumar Singh Rathour – Procedural fairness ensured via pre-bid consultation – Petitioner’s objections duly considered [Paras 9–12.1]

Decision: Writ petition dismissed – Turnover clause upheld – No costs [Paras 16–17]

Constitutional Law – Live-in Relationship – Right to Protection – Petitioners in consensual live-in relationships alleged threats to life from private individuals and sought police protection – Held: Right to cohabit without marriage is protected under Article 21 – Personal autonomy cannot be compromised by societal disapproval – Police directed to grant protection if petitioners are adults and living willingly [Paras 1–3, 22, 45–49, 51–52]

Live-in Relationships – Legality and Social Morality – Court held that live-in relationships, though not widely accepted socially, are not illegal or punishable under law – Such arrangements are not barred by any legislation and are protected by constitutional rights to life, liberty and equality [Paras 6–9, 18–21, 30–33, 45–48]

State Obligation – Protection under Article 21 – Rejected State's contention that police cannot protect non-marital couples – Observed that State is duty-bound to protect life and liberty irrespective of marital status – No justification to deny anticipatory protection where threat is genuine or credible [Paras 12–13, 22, 46]

Personal Autonomy – Right to Choose Partner – Emphasised that major individuals have full autonomy under Article 21 to choose life partners and live together – State or family cannot compel marriage or interfere – Morality cannot override legality [Paras 6–7, 22, 33, 48–49]

Presumption of Marriage – Long-term Cohabitation – As per Section 114 of Indian Evidence Act and Section 119(1) of Bhartiya Sakshya Adhiniyam, long-standing cohabitation gives rise to presumption of marriage – Ensures protection of women and children from such relationships [Para 50]

Judicial Precedent – Binding Nature – Court relied upon extensive Supreme Court and High Court rulings recognising live-in relationships and protecting individual choice – Distinguished the contrary view in Kiran Rawat as not binding and factually distinguishable [Paras 18–21, 24–33, 40–44]

Decision: Writ petitions allowed – Petitioners declared free to live together peacefully – Police directed to provide protection upon verification of age and willingness – No coercive action to be taken unless FIR is registered – Petitioners may produce educational documents or undergo ossification test to prove majority if required [Paras 51–53]

Administrative Law – Blacklisting – Show Cause Notice – Violation of Natural Justice – Petitioner blacklisted and debarred from future tenders for three years and Performance Bank Guarantee forfeited on grounds of supplying non-standard quality drugs – Show cause and hearing notices failed to specify that blacklisting or debarment was proposed – No laboratory test reports or sample analysis data provided to petitioner despite repeated requests – Held: Non-disclosure of proposed action and denial of opportunity to contest findings violated principles of natural justice – Impugned order quashed [Paras 1, 5–7, 13–19].

Tender Contracts – Supply of Medicines – Alleged Breach – Respondents relied on Clause 24(C) of tender terms to impose penalty for supply of non-standard quality drugs and short supply – However, absence of specific mention of blacklist/debarment in notices and non-supply of relevant reports rendered the order legally unsustainable – Existence of penalty clause does not exempt requirement of specific notice for harsh measures like blacklisting [Paras 10, 14–17].

Judicial Review – Maintainability of Writ Petition – Availability of alternative remedy under Clause 25 of tender terms – Held: Writ maintainable in case of breach of natural justice principles – Availability of statutory appeal not a bar to writ jurisdiction in such cases [Para 20].

Decision: Writ Petition allowed – Order of blacklisting and debarment dated 26/09/2025 set aside – Liberty granted to respondents to proceed afresh in accordance with law, after affording due opportunity to the petitioner [Paras 19–22].

Criminal Law – Rape and Murder – Acquittal – Appellant convicted under Sections 376 and 302 IPC for allegedly raping and murdering a 13-year-old girl in a secluded area – Trial Court relied on extrajudicial confessions made before a co-villager (P.W.3) and a doctor (P.W.11) and on the appellant’s suspicious conduct at the crime scene – High Court finds that neither P.W.3’s testimony about the confession was reliable nor corroborated by prior police statements or other witnesses – Medical officer (P.W.11) did not record any confession in his report and his oral testimony contradicted documentary evidence – Confessional evidence not put to appellant under Section 313 Cr.P.C. – Held: Extrajudicial confession not reliable or admissible to base conviction [Paras 11–12].

Circumstantial Evidence – Guilt Not Proved – Prosecution case entirely based on circumstantial evidence – Appellant’s presence at crime scene explained plausibly and supported by hostile witness (P.W.7) – Forensic reports failed to find blood, semen, or saliva on appellant’s clothes or body – Court held that the chain of circumstances was incomplete and did not exclude every hypothesis of innocence – Conviction based on suspicion or conjecture unsustainable in law [Paras 13–15].

Medical Evidence – Cause of Death – Deceased died of asphyxia due to compression of neck, chest, and abdomen – Signs of recent violent sexual intercourse found – Though rape and homicidal death established, identity of perpetrator not conclusively proved [Paras 9].

Decision: Appeal allowed – Conviction and sentence under Sections 376 and 302 IPC set aside – Appellant acquitted – Bail bonds cancelled [Para 15].

POCSO Act – Rape of Minor – Stepfather – Life Imprisonment – Accused repeatedly raped his 13-year-old stepdaughter after threatening her and her mother with a knife – Incident occurred early morning on 02.04.2018 – Victim lodged prompt FIR, examined as PW3 – Medical evidence revealed fresh hymenal tear and knife wounds – Held: Testimony of PW3 consistent, credible, and supported by medical and documentary evidence – Conviction under Sections 376(2)(f)(n) IPC and Section 6 POCSO Act affirmed – Sentence of life imprisonment for remainder of natural life upheld [Paras 2–3, 7–10, 14–19].

Criminal Trial – Sole Testimony of Victim – Evidentiary Value – PW3 deposed clearly and consistently regarding multiple instances of rape by stepfather – Withstood cross-examination without contradictions or omissions – Medical evidence corroborated injuries – Held: Victim's uncorroborated testimony sufficient for conviction where it inspires confidence – No legal requirement for corroboration if prosecutrix is found reliable [Paras 11–14].

Protection of Children from Sexual Offences Act – Section 29 – Presumption and Burden of Proof – Once foundational facts established regarding age, sexual act, and identity of accused, presumption under Section 29 applies – Accused failed to rebut presumption even by preponderance of probabilities – Held: Statutory presumption stands unrebutted – Conviction legally sustainable [Paras 16–17].

Hostile Witness – Victim’s Mother – Mother (PW12) turned hostile but admitted taking victim to police and fear of accused – Her hostility found immaterial as victim’s testimony independently credible and corroborated – Held: Hostile testimony of PW12 does not dent prosecution case – Court right in relying on victim’s version [Paras 9, 15].

Sentencing – Aggravated Penetrative Sexual Assault by Guardian – Abuse of Trust – Sentence Proportionate – Accused was stepfather and guardian – Act committed after placing child and her mother in fear of death – Held: Crime aggravated by breach of fiduciary relationship – Sentence of imprisonment for remainder of natural life under Section 376(2)(f)(n) IPC appropriate – No separate sentence needed under POCSO due to Section 42 [Para 19].

Decision: Appeal dismissed – Conviction under Sections 324, 506(ii), and 376(2)(f)(n) IPC and Section 6 read with Section 5(l)(n) of POCSO Act confirmed – Life sentence for remainder of natural life upheld – No interference warranted with findings or sentence imposed by Special Court.