Civil Writ - SARFAESI Act – Priority of Secured Creditor – Refusal to Register Sale Deed – Bank conducted e-auction of secured asset after borrower defaulted and deposited full sale consideration – Sub-Registrar refused registration citing later attachment for State tax dues – Held: Secured creditor’s charge created earlier in time has priority over subsequent attachment for State dues – Sub-Registrar cannot refuse registration on basis of later revenue entry [Paras 1–3, 5–8].

Charge – Priority – Bank’s Mortgage vs State Dues – Mortgage in favour of Bank created in 2013 by deposit of title deeds – Charge in favour of State Food and Supply Department created only in 2018 – No statute conferring first charge on State for dues arising from Custom Milling Agreement – Held: Such dues are contractual and do not override prior mortgage of secured creditor [Paras 5–7].

Revenue Entry – Legal Effect – Rapat Entry – Attachment entry in revenue records does not determine or extinguish rights of parties – Such administrative entry cannot defeat statutory right of secured creditor under SARFAESI Act – Refusal to register sale deed based solely on rapat entry held illegal [Paras 8–8.1].

Crown Debt – Priority – Settled Law – Right of secured creditor to recover secured debt has precedence over crown debts and Government dues unless statute expressly provides otherwise – Reliance placed on Supreme Court decisions reaffirming primacy of secured creditor’s claim [Paras 8.1–9].

SARFAESI Amendment – Section 26E – Clarification – Though Section 26E was notified later and not directly applicable to facts of case – Court clarified that for transactions after 24.01.2020, statutory priority to secured creditors would operate in terms of Section 26E of SARFAESI Act [Para 11].

Decision: Writ petition allowed – Mandamus issued directing Sub-Registrar to register sale deed in favour of auction purchaser within two months – Attachment/charge in revenue records in favour of State quashed – Liberty reserved to State to recover dues after satisfaction of Bank’s claim or by other lawful means – Costs of Rs.25,000/- imposed on State of Haryana.

Criminal Law – Mischief by Fire – Conviction under Section 436 read with Section 34 IPC – Revisional Challenge – Petitioners convicted for forcibly entering complainant’s house and setting it on fire while minor girls were present – Trial Court conviction affirmed by Appellate Court – High Court held that no illegality, impropriety or perversity found in concurrent findings – Revision dismissed [Paras 1–5, 28–30].

Evidence – Child Witnesses – Credibility – PWs 1, 4 and 5, minor sisters of the complainant, were eyewitnesses to the incident – Defence alleged tutoring and unreliability – Court held that testimony of child witnesses is admissible and reliable if natural, consistent and free from tutoring – Evidence found trustworthy and unshaken in cross-examination [Paras 16–19].

Identification – Dock Identification – Test Identification Parade – Necessity – Petitioners argued that identification for the first time in Court without prior T.I. Parade was fatal – Witnesses stated that accused were previously known to them – Held: Where accused are known to witnesses, absence of T.I. Parade is not fatal – Dock identification valid [Paras 20–22].

Criminal Trial – Appreciation of Evidence – Ocular Testimony – Conviction based on eyewitnesses – Court reiterated that reliable ocular evidence alone is sufficient for conviction – Minor discrepancies do not vitiate prosecution case when core version remains intact [Paras 18–21, 27].

Criminal Procedure – Compromise – Non-compoundable Offences – Petitioners sought quashing on basis of compromise under Section 482 CrPC – Offence under Section 436 IPC held to be grave and heinous – Held: Proceedings involving serious non-compoundable offences cannot be quashed on the basis of compromise – Compromise petition rejected [Paras 7–8, 24].

Investigation – Non-examination of Investigating Officer – Effect – Defence argued that failure to examine I.O. and non-seizure of articles vitiated trial – Court held that lapses or defects in investigation are not fatal when prosecution case is supported by credible eyewitness testimony [Paras 25–26].

Revisional Jurisdiction – Scope – Interference with Concurrent Findings – High Court reiterated that revisional power is limited and does not permit reappreciation of evidence unless there is patent illegality or miscarriage of justice – No such infirmity found in present case [Paras 28–29].

Decision: Criminal Revision dismissed – Judgments and orders dated 21/11/2000 and 24/04/2001 affirmed – Petitioners directed to surrender before Trial Court to undergo remaining sentence – Benefit of set-off under Section 428 CrPC granted – Interim orders vacated.

Bail – Financial Fraud – International Transactions – Allegation of misappropriation of USD 1,25,000/- by petitioner while working as Finance and Admin Manager of informant company – FIR alleging opening of fraudulent company in Zambia, diversion of company funds, illegal withdrawals, and transfer of money to Indian bank accounts – Charge-sheet submitted and petitioner in custody since 15.05.2025 – Trial commenced but stayed – Held: Considering length of custody, nature of offences triable by Magistrate, recovery of incriminating articles, and no further custodial interrogation required, petitioner entitled to bail [Paras 1–4, 8].

Territorial Jurisdiction – Offences Committed Outside India – Section 208 BNSS – Indian citizen alleged to have committed offences partly in Zambia – Legal position reiterated that offences committed outside India by an Indian citizen can be tried in India as if committed within India, subject to prior sanction of Central Government – Court refrains from conclusively deciding jurisdiction at bail stage but notes prima facie commission of offences within India [Paras 4–5].

Sanction of Central Government – Mandatory Requirement – Proviso to Section 208 BNSS – Trial in respect of acts committed outside India cannot proceed without prior sanction of Central Government – Magistrate can proceed only in respect of offences allegedly committed within India until such sanction is obtained – Principle applied relying upon Supreme Court precedent [Paras 4, 7–8].

Double Jeopardy – Parallel Proceedings in Foreign Jurisdiction – FIR and arrest warrant issued in Zambia for theft by servant – Mere registration of criminal case abroad does not attract bar of double jeopardy – Protection under Article 20(2) of Constitution and Section 337 BNSS applicable only after conviction or acquittal by a competent court – Held: No bar to prosecution in India at present stage [Paras 5–6].

Continuing Offence – Transactions in Multiple Jurisdictions – Alleged acts partly in Zambia and partly in India including deposit of funds in Indian bank accounts and possession of stolen company assets – Held: In case of continuing offences, Indian courts have jurisdiction to proceed for acts committed in India, subject to statutory limitations regarding acts outside India [Paras 5, 7].

Bail Conditions – Safeguards – High bail bond imposed – Monthly police reporting – Restriction on committing similar offences – Obligation to inform residence and contact details – Condition imposed to secure presence of petitioner in view of arrest warrant issued by Zambian court – Bail allowed without expressing opinion on merits [Paras 8–9].

Decision: Bail application allowed – Petitioner released on bail on furnishing bail bond of Rs.5,00,000/- with two solvent sureties – Subject to stringent conditions including monthly police attendance and compliance with legal process in Zambia – Bail application disposed of.

Negotiable Instruments Act – Section 138 – Conviction and Sentence – Trial court convicted petitioner for dishonour of cheque and imposed sentence of one year simple imprisonment with compensation of Rs.18,00,000/- – Appellate court suspended sentence subject to deposit of 20% of compensation – Legality of such conditional suspension examined [Paras 1–3].

Criminal Procedure – Suspension of Sentence – Section 389 CrPC read with Section 148 NI Act – Appellate court imposed condition of 20% deposit mechanically – Held: Though Section 148 empowers appellate court to impose such condition, it is not mandatory in every case – Appellate court must examine whether case falls within exception warranting waiver [Paras 4–5].

Natural Justice – Opportunity of Hearing – Exceptional Circumstances – Appellate court failed to afford opportunity to petitioner to make submissions regarding financial hardship or exceptional circumstances before imposing condition – Held: Imposition of deposit without granting such opportunity is unsustainable in law [Paras 6–7].

Precedent – Binding Effect – Reliance on Supreme Court Judgment – Jamboo Bhandari v. M.P. State Industrial Development Corporation Ltd., 2023(4) RCR (Criminal) 296 – Held: Appellate court must record reasons if it chooses to waive or relax deposit of 20% compensation – Failure to follow settled law vitiates the impugned order [Paras 4–5, 9].

Decision: Criminal revision allowed – Condition directing deposit of 20% of compensation amount set aside – Matter remanded to lower appellate court to reconsider the issue afresh after granting opportunity to petitioner – Order of suspension of sentence to remain undisturbed – Petition disposed of accordingly [Paras 7–10].

Motor Accident Compensation – Death of Minor Child – Enhancement of Compensation – Tribunal assessed notional income at Rs.30,000 per annum and awarded lump sum compensation – High Court held that a deceased minor cannot be equated with a non-earning person merely due to absence of gainful employment – Minimum wages of skilled workman applicable – Income reassessed at Rs.10,000 per month – Award enhanced substantially [Paras 1, 9–10, 14].

Motor Vehicles Act, 1988 – Section 166 – Assessment of Income – Minimum Wages – Reliance placed on recent Supreme Court pronouncement holding that minimum wages of skilled workman must be adopted for deceased minor – Tribunal committed manifest error in adopting arbitrary notional income – Corrected by High Court [Paras 9–10].

Future Prospects – Minor Deceased – Addition Mandatory – Considering age of deceased (15 years), future prospects @ 40% added in terms of Pranay Sethi – Tribunal erred in not granting any amount under this head – Rectified in appeal [Paras 11, 14].

Personal and Living Expenses – Deduction – Minor Victim – Deduction of 1/2 towards personal expenditure applicable – Tribunal erred in not making any deduction – Corrected in accordance with Sarla Verma principles [Paras 12, 14].

Multiplier – Selection – Age of Deceased – Tribunal wrongly applied multiplier of 15 – Correct multiplier for age group of 15 years held to be 18 – Compensation recalculated accordingly [Paras 13–14].

Conventional Heads – Loss of Estate – Funeral Expenses – Consortium – Tribunal failed to grant loss of estate and awarded meagre amounts under funeral expenses and consortium – High Court awarded amounts as per Pranay Sethi with applicable escalation – Filial consortium awarded to both parents [Paras 13–14].

Interest on Enhanced Compensation – Rate of Interest – In view of Supreme Court judgments, interest on enhanced compensation awarded @ 9% per annum from date of filing of claim petition till realization – Insurance Company directed to deposit enhanced amount within stipulated time [Paras 15–16].

Decision: Appeal allowed – Award dated 30.03.2017 modified – Total compensation enhanced to Rs.16,45,100/- – Enhanced amount of Rs.11,45,100/- awarded with interest @ 9% per annum – Insurance Company directed to deposit amount within two months – Tribunal to disburse amount to claimants as per ratio fixed earlier [Paras 14–17].

Labour Law - Industrial Disputes – Wage Revision – Onward Revision of Wages and Allowances – Tribunal Award Set Aside – Tribunal answered reference in favour of workmen on revision of wages and additional dearness allowance – High Court held that Tribunal failed to analyze oral and documentary evidence and jumped to conclusions by merely reproducing Supreme Court precedents – Award held unsustainable [Paras 9–10, 17, 23–25].

Industrial Adjudication – Non-Consideration of Material Evidence – Perversity – Learned Tribunal did not discuss comparative wage data, settlement during pendency of reference, or effect of majority settlement with workmen – Figures regarding profits and additional burden not supported by specific evidence – Held: Non-consideration of relevant material vitiates award [Paras 21–22, 27, 29].

Wage Fixation – Industry-cum-Region Principle – Application – Tribunal relied on Hindustan Antibiotics Ltd. and Kamani Metals & Alloys Ltd. without applying principles to facts of Theruballi Unit specifically – Annual Reports relied upon related to multiple units and not exclusively to concerned unit – Held: Mechanical application of precedents impermissible [Paras 15, 22–24].

Dearness Allowance – All India Consumer Price Index – Additional DA – Tribunal directed payment without determining entitlement details or basis of computation – Failure to state mode and quantum of benefit rendered findings incomplete – Award liable to be interfered with [Paras 24–25].

Judicial Review – Article 227 – Scope – High Court reiterated that interference is justified where Tribunal fails to exercise jurisdiction, ignores material evidence or records findings based on no evidence – Present case found fit for interference and remand [Paras 27–29].

Settlement – Effect on Reference – During pendency of dispute, majority of workmen entered into settlement with management and opted out of adjudication – Tribunal referred to settlement but failed to examine its effect in light of law laid down in TELCO case – Held: Tribunal erred in ignoring relevant development [Paras 21, 23].

Remand – Fresh Adjudication – Considering passage of time and scope for additional evidence, High Court refrained from deciding merits – Matter remitted to Tribunal for fresh consideration with liberty to parties to adduce further evidence [Paras 28–30].

Decision: Writ Petition allowed – Award dated 10.10.2013 in Industrial Dispute Case No.6 of 2006 set aside – Matter remitted to Industrial Tribunal for fresh adjudication – Parties directed to appear before Tribunal on 06.01.2026 – No order as to costs.

Contract Law – Rescission of Railway Contract – Forfeiture of Security Deposit – Petitioner awarded contract for re-spacing of SC sleepers under N.F. Railway – Work halted due to technical variation – Petitioner submitted multiple representations seeking approval of variation and extension of time – Railway issued show-cause notices under Clause 62 of General Conditions of Contract without specifying exact default – Contract rescinded and guarantee forfeited immediately after petitioner informed about readiness to resume work – Held: Authorities acted arbitrarily and failed to consider representations – Principles of natural justice violated – Termination notice and forfeiture orders set aside – Respondents directed to refund security deposit and performance guarantee [Paras 5-7, 16-18].

Natural Justice – Hearing Before Termination – Petitioner’s letters dated 22.11.2021, 29.11.2021 and 19.01.2022 were not responded to – No speaking order passed showing consideration of replies – Held: Decision to rescind contract without addressing representations amounts to violation of natural justice [Paras 16-18].

Alternative Remedy – Arbitration Clause – Clause 64 of Railway Contract provides arbitration except for matters under Clause 62 – Held: Termination under Clause 62 is an “excepted matter” – Court has jurisdiction to entertain writ – Further, violation of natural justice justifies invoking Article 226 despite alternate remedy [Paras 14-16].

Administrative Law – Arbitrary Action – Failure of Railway to consider contractor’s request for variation approval and intent to complete work – No finding recorded on replies – Decision to terminate appears predetermined and one-sided – Held arbitrary and unsustainable in law [Paras 16-18].

Decision: Writ petition allowed – Termination notices dated 16.11.2021, 25.11.2021 and rescission order dated 20.01.2022 set aside – Respondents directed to refund the security deposit and performance guarantee within two months [Para 18-19].

Maintenance – Section 125 Cr.P.C. – Interim Maintenance – Assessment of Income – Dependents – Voluntary Financial Obligations – Professional Qualification of Wife – Modification of Quantum.

Matrimonial Law – Interim Maintenance – Quantum Assessment – Deductions and Dependents – The petitioner-husband challenged the Family Court's order awarding ₹15,000/- each to the respondent-wife and minor child as interim maintenance - The petitioner argued that the wife is an MBA and capable of earning, and that he has liabilities towards his aged parents, divorced sister, and loan EMIs - The High Court upheld the maintenance to the wife but modified the child's maintenance - The Court held that the wife's educational qualification does not absolve the husband of his statutory duty if she has no current independent income - It was further held that the petitioner's father (a pensioner) and divorced sister (having independent legal recourse) are not "dependents" for the purpose of Section 125 Cr.P.C. calculations - Personal loan EMIs were ruled as voluntary obligations not deductible from income - Applying the Anurita Vohra formula to the husband's income of approx. ₹60,000/-, the Court found the wife's share reasonable but reduced the child's share to ₹10,000/- considering her tender age of 3.5 years - Paras 1-16.

Employability of Wife – Section 125 Cr.P.C. – Professional Degree – Held: Mere possession of a professional degree (MBA) cannot substitute for actual employment or income - While qualification is a relevant factor, the primary consideration is whether the wife presently has an independent and sufficient source of income to maintain herself with dignity - The wife's responsibility towards a minor child and her health issues were rightly considered by the Family Court to negate the argument of potential employability - Paras 8, 15.

Definition of Dependents – Moral vs. Statutory Duty – Parents and Siblings – Held: A father receiving a regular pension (₹17,000/- p.m.) cannot be treated as financially dependent on the son for Section 125 Cr.P.C. calculations - Similarly, a divorced sister has legal remedies to claim maintenance from her former husband; assistance to her falls within the realm of moral duty, not legal dependency enforceable under Section 125 Cr.P.C. - Such voluntary/moral obligations cannot dilute the statutory duty towards the wife and child - Paras 10-11.

Deductibility of EMIs – Computation of Income – Held: Monthly installments (EMIs) paid towards personal loans are voluntary financial obligations and cannot be considered mandatory statutory deductions - Maintenance rights of the wife and child cannot be defeated on the account of EMIs paid by the husband towards property or personal loans - Paras 14.

Apportionment of Income – Family Resource Cake – Held: Relying on Anurita Vohra, the income of the earning member is a 'family resource cake' to be distributed equitably - With an income of approx. ₹60,000/-, dividing into four shares (two for husband, one each for dependents) yields approx. ₹15,000/- per share - This calculation was found consistent with law, though the child's share was marginally reduced due to age-specific needs - Paras 12-13.

Decision: Appeal allowed in part - The interim maintenance for the minor child (Respondent No. 2) is reduced from ₹15,000/- to ₹10,000/- per month - The maintenance of ₹15,000/- awarded to the wife (Respondent No. 1) is upheld - Paras 16-17.

Civil Procedure – Counter-Claim – Reply to Counter-Claim – Failure to File – Plaintiff failed to file reply to counter-claim and replication to written statement within prescribed time – Trial Court struck off defence – Revision petition filed challenging curtailment of right [Paras 1-2].

Counter-Claim – Nature – Treated as Plaint – Applicability of CPC – Counter-claim to be treated as plaint and provisions of CPC applicable as in a regular suit – Plaintiff required to file reply within 30 days, extendable up to 90 days and beyond on sufficient cause [Para 4].

Limitation for Filing Reply – Order VIII Rule 1 CPC – Period of 90 Days Not Mandatory – Court empowered to permit filing beyond 90 days on showing of sufficient cause – However, party must disclose cogent and convincing reasons for delay [Paras 4-5].

Judicial Order – Jurisdictional Error – Order Passed by Wrong Forum – Order curtailing defence passed by Judicial Magistrate First Class instead of Civil Judge having jurisdiction – Such procedural irregularity noted by High Court [Para 5].

Equitable Relief – Interest of Justice – One Opportunity Granted – Though petitioner failed to justify delay, prejudice caused by striking off defence and jurisdictional lapse warranted indulgence – One opportunity granted to file reply and replication subject to heavy costs [Paras 5-6].

Costs – Deterrent Measure – Rs. 50,000/- imposed – Rs. 20,000/- to be deposited with District Legal Services Authority, Panipat and Rs. 30,000/- payable to respondents – Condition precedent for filing reply [Para 6].

Decision: Civil Revision disposed of – Impugned order modified – Petitioner granted one opportunity to file reply to counter-claim and replication subject to payment of costs of Rs. 50,000/- – Directions issued in interest of justice.