Civil Law - Matrimonial - Hindu Marriage Act 1955 - Section 13(1)(i-a) - Cruelty - Appellant-wife alleging physical abuse and forced appropriation of 54.5 sovereigns of gold ornaments - Petitioner's testimony in cross-examination contradicted her own pleadings regarding the circumstances of the alleged appropriation and physical assault - Family Court dismissed petitions due to lack of evidence - High Court upheld dismissal noting that fundamental allegations were proven false by the appellant's own deposition and absence of police complaints - Held - No grounds for dissolution of marriage - Appeal dismissed - [Paras 1-16].

Evidence Law - Documentary Evidence - Indian Evidence Act 1872 - Section 45A - Electronic Evidence - Appellant relying on photographs from social media to allege respondent's illicit relationship - Respondent contested photographs as fabricated - No expert evidence or certification provided to verify the authenticity of electronic records - Held - Electronic records inadmissible without proper certification under Section 79A of the Information Technology Act 2000 and Section 65B of the Indian Evidence Act 1872 - [Paras 12-13].

Civil Law - Matrimonial - Divorce - Irretrievable breakdown of marriage - Appellant citing prolonged separation as ground for dissolution - High Court held that while separation period is a factor, it must be evaluated alongside the cumulative effect of facts and evidence - Absence of parenting plan for minor child and failure to prove cruelty precluded the court from exercising discretion to grant divorce - Held - Mere separation does not constitute ground for divorce - [Paras 14-15].

Decision: Appeals dismissed – Judgment of the Family Court affirmed – No order as to costs.

Criminal Law - Prevention of Corruption - Prevention of Corruption Act 1988 - Sections 7 and 13(1)(d) read with 13(2) - Prosecution for demand and acceptance of illegal gratification by Assistant Manager of Civil Supplies Corporation - Trial court acquitted accused accepting defense that tainted money was display charges - High Court on re-appreciation of evidence found defense theory inconsistent and unsupported by documents - Held - Prosecution proved demand and acceptance beyond reasonable doubt - Trial court judgment set aside and accused convicted - [Paras 27-29].

Criminal Law - Corruption - Prevention of Corruption Act 1988 - Section 20 - Presumption of guilt - Proof of foundational facts - Once the prosecution establishes the demand and acceptance of illegal gratification the burden shifts to the accused to rebut the presumption under Section 20 - Held - Mere explanation of receiving money as display charges without supporting documentary evidence or procedural justification is insufficient to rebut the legal presumption - [Paras 22-25].

Evidence Law - Appreciation of Evidence - Prevention of Corruption Act 1988 - Reliability of complainant testimony - Omissions in deposition - Minor discrepancies in the complainant's statement regarding the counting of money do not negate the established factum of demand and acceptance proved through recovery mahazar and phenolphthalein test - Held - Appellate court justified in re-appreciating evidence to rectify perverse acquittal - [Paras 12-27].

Criminal Law - Sentencing - Prevention of Corruption Act 1988 - Quantum of punishment - Consideration of mitigating factors - While the accused sought leniency citing family circumstances the nature of the offence required a balanced approach - Held - Accused sentenced to simple imprisonment and fine - [Paras 30-33].

Decision: Appeal allowed – Trial court judgment of acquittal set aside – Respondent convicted and sentenced to undergo simple imprisonment of one year (Section 7) and two years (Section 13) with fines – Registry directed to ensure execution of sentence.

Criminal Law - Default Bail - Narcotic Drugs and Psychotropic Substances Act 1985 - Section 36-A(4) - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 187(3) - Petitioner arrested for recovery of 1 kilogram 523 grams of heroin - Statutory period of 180 days expired without filing of challan - Prosecution moved for extension of time under Section 36-A(4) NDPS Act - Extension orders passed without providing effective notice or opportunity of hearing to the petitioner - Trial Court rejected default bail application relying on the extension - High Court held that the safeguard under Section 36-A(4) is a substantive right requiring meaningful participation of the accused - Extension granted without observance of procedural fairness cannot defeat the indefeasible right to default bail - Impugned order set aside and petitioner granted default bail - [Paras 1-6].

Criminal Law - Right to Default Bail - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 187(3) - Indefeasible right of accused - Held - Once the statutory period expires and an application for default bail is moved the right accrues and cannot be defeated by an extension order passed in violation of mandatory procedural requirements such as notice to the accused - [Paras 5-5.1].

Decision: Petition allowed – Impugned order dated 07/08/2026 set aside – Petitioner ordered to be released on default bail subject to furnishing bail and surety bonds to the satisfaction of the concerned Magistrate along with specified stringent conditions.

Civil Law - Municipal Law - Punjab Municipal (General) Rules 1979 - Rule 12(2)(a) - Statutory requirement for service of notice upon occupier - Municipal Council sought to demolish shops as part of a Town Planning Scheme without serving notice to the tenants in possession - Trial Court and Appellate Court held that failure to serve notice to occupiers renders the proposed demolition action illegal - High Court upheld concurrent findings ruling that Rule 12(2)(a) expressly mandates notice to both owner and occupier of the property - Held - Failure to issue notice to actual occupiers is a violation of mandatory statutory procedure - Appeal dismissed - [Paras 17-27].

Civil Law - Evidence - Standard of Proof - Tenancy and Possession - Plaintiffs-tenants established long-standing possession through oral testimony of independent witnesses which remained unshaken during cross-examination - Appellant failed to rebut the existence of tenancy or provide evidence to suggest connivance between owner and tenants - Held - Concurrent findings of fact regarding possession and tenancy supported by evidence cannot be disturbed in second appeal - [Paras 18-19, 25].

Civil Law - Procedure - Jurisprudence of Notice - Distinction between owner and occupier - Statutory obligation of municipality to serve notice on occupiers is independent of the notice served on the property owner - Held - Previous litigation between the owner and the municipality does not absolve the municipal authority of its duty to serve individual notice upon the tenants whose possession is threatened - [Paras 23-26].

Decision: Regular Second Appeal dismissed – Concurrent judgments and decrees of the courts below affirmed – No order as to costs.

Criminal Law - Discharge - Code of Criminal Procedure 1973 - Section 227 - Framing of charge - Petitioners-Directors of the accused company sought discharge in a bank fraud case involving alleged submission of forged work orders-collateral security documents-and diversion of funds - Trial Court dismissed the discharge application holding that the investigation material raised strong suspicion - High Court upheld the order holding that at the stage of framing charge the Court is only required to see if the prosecution material if accepted at face value discloses commission of an offence - Court cannot conduct a mini trial or weigh the sufficiency of evidence at this stage - Held - No perversity or jurisdictional error in the impugned order - Revision dismissed - [Paras 1-27].

Criminal Law - Economic Offences - Prevention of Corruption Act 1988 - Section 13(2) read with Section 13(1)(d) - One Time Settlement (OTS) - Effect on criminal proceedings - Petitioners argued that the OTS with the bank extinguished criminal liability and removed any loss to the public exchequer - High Court reiterated the principle that settlement of civil/financial dues does not automatically extinguish criminal liability in cases involving forgery-conspiracy-and corruption - Held - OTS cannot be a ground for discharge when evidence of fabricated documents and conspiracy exists - [Paras 10-22].

Criminal Law - Revisional Jurisdiction - Code of Criminal Procedure 1973 - Section 397 - Scope of interference - High Court examined the limitation on revisional power while challenging the framing of charge - Revisional jurisdiction is limited to correcting patent defects or errors of law and cannot be exercised to re-evaluate evidence or adopt a defense version at the threshold - Held - Since the trial Court recorded reasons for its opinion that there are grounds for presuming the commission of offences no interference is warranted - [Paras 17-25].

Decision: Revision petition dismissed - The impugned order dated 20/07/2026 passed by the learned Special Judge, CBI, Haryana at Panchkula is upheld - Trial directed to proceed in accordance with law - Prayer for stay of proceedings dismissed.

Criminal Law - Anticipatory Bail - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 482 - Petitioner seeking pre-arrest bail for offences under Sections 316(2) and 316(5) BNS regarding financial loss at a Co-operative Bank - Court noted petitioner ceased service in 2010 and an enquiry report under Section 65 of the Kerala Co-operative Societies Act 1969 contained no specific adverse findings against him - Held - custodial interrogation is unnecessary - anticipatory bail granted with conditions - [Paras 1-6].

Criminal Law - Evidence - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 482 - Absence of incriminating material - Petitioner had no criminal antecedents and the primary evidence relied upon by the prosecution failed to establish a nexus between the petitioner and the alleged financial irregularities - Held - case is appropriate for the grant of pre-arrest bail - [Paras 5-6].

Decision: Application allowed - Petitioner shall be released on bail in the event of arrest upon executing a bond for Rs. 1,00,000/- with two solvent sureties subject to specified conditions including regular appearance before the investigating officer and cooperation with the investigation.

Civil Law - Transfer of Matrimonial Proceeding - Code of Civil Procedure 1908 - Section 24 - Balance of convenience - Wife seeking transfer of divorce suit from Bhadrak to Balasore citing distance hardship and lack of financial resources - Husband opposed claiming difficulty in travel and non-cooperation of the wife - Court observed that since a maintenance case under Section 125 CrPC is already pending at Balasore and the husband is already contesting proceedings there- the balance of convenience shifts in favour of the wife - Held - Proceeding ordered to be transferred - [Paras 11-13].

Civil Law - Transfer of Matrimonial Proceeding - Hindu Marriage Act 1955 - Section 24 - Comparative hardship - Consideration of wife's convenience and economic status - Court held that when the husband is gainfully employed and the wife is a destitute lady dependent on aged parents- the court must prioritize the wife's convenience to ensure access to justice - Held - Transfer of proceedings to the place of wife's residence is justified - [Paras 12-13].

Civil Law - Procedure - Video Conferencing - Orissa High Court Video Conferencing for Courts Rules 2020 - Balancing interests - To mitigate hardship to the husband due to the transfer- the Court permitted the parties to attend via virtual mode for routine hearings while mandating physical presence for effective examination and cross-examination - Held - Court directed to facilitate virtual appearance - [Paras 14-19].

Decision: Petition allowed - The divorce proceeding C.P. No.408 of 2024 is transferred from the Family Court, Bhadrak to the Family Court, Balasore - The Family Court, Balasore is directed to consolidate the hearing of C.P. No.408 of 2024 with CRP No.202 of 2025 - Directions issued for virtual appearance facilities.

Criminal Law - Dishonour of Cheque - Negotiable Instruments Act 1881 - Section 138 - Dismissal of complaint due to non-appearance - Trial Court dismissed the complaint and acquitted the respondent under Section 256(1) CrPC citing absence of complainant - However interim stay of all proceedings was operating in favour of the complainant due to a pending Crl.O.P. before the High Court - High Court held that the trial court erred in proceeding with the case and dismissing the complaint while the stay order was in force - Held - Order of acquittal set aside and complaint restored to the file of the trial court for trial on merits - [Paras 11-15].

Criminal Law - Procedure - Code of Criminal Procedure 1973 - Section 256 - Dismissal of complaint - Mandatory requirement - High Court observed that when a stay order is in force the trial court cannot dismiss a complaint for default as the proceedings are effectively frozen - Trial court failed to take note of the subsisting stay order - Held - Proceeding to dismiss the complaint during the pendency of the stay order is legally unsustainable - [Paras 12-13].

Decision: Appeal allowed – Order dated 17.12.2019 passed by the trial court set aside – C.C. No. 240 of 2017 restored to the file of the Judicial Magistrate, Fast Track Court, Alandur – Trial Court directed to proceed in accordance with the earlier directions issued by the High Court.

Writ Law - Jurisdiction - Competition Act 2002 - Sections 19 and 26 - Petitioners challenged CCI investigation into bid-rigging of country liquor contracts in Madhya Pradesh - Contended that State Excise Act 1915 provides exclusive sectoral regulation and that reliance on CAG report was unconstitutional - Held - CCI possesses independent jurisdiction to investigate anti-competitive practices under the 2002 Act notwithstanding the existence of sectoral state-level licensing authorities - Administrative order under Section 26(1) is not subject to judicial interference at a preliminary stage - Petitioners have an efficacious alternative remedy before the NCLAT - Writ petitions dismissed - [Paras 34-47].

Competition Law - Scope of Inquiry - Competition Act 2002 - Section 2 - Definition of enterprise - Liquor manufacturers argued that since liquor trade is a state-controlled privilege under List II Entry 8 of the Constitution the Competition Act does not apply - Held - Once the State permits private parties to manufacture and sell liquor under commercial licenses the activity constitutes trade and commerce subject to the Competition Act - The CCI is the exclusive expert body to determine appreciable adverse effect on competition - [Paras 36-39].

Evidence Law - Investigative Material - Competition Act 2002 - Section 19 - CAG report as source of information - Petitioners contended that CAG report could not trigger investigation under Section 19(1) - Held - The CCI does not require a formal complaint and can initiate inquiry based on information received from any source - CAG report serves as a valid informational trigger for a prima facie opinion and does not require prior tabling in the State Legislature to be used for the limited purpose of directing an investigation - [Paras 40-42].

Decision: Writ petitions dismissed – Interim orders vacated – CCI directed to complete the inquiry under Section 26 and pass a final order under Section 27 of the Competition Act, 2002.