Civil Law - Partition Suit – Ancestral Property -  Daughters and Their Heirs Entitled to Share – Ancestral Property – Decree Affirmed - Trial court held that plaintiffs (daughters and heirs of Late Sayanna) were entitled to 1/6th share in the ancestral property despite prior alienation to defendant – High Court upheld decree, applying amended Section 6 of Hindu Succession Act giving coparcenary rights to daughters [Paras 8–11, 17–18].

Applicability of 2005 Amendment – Retrospective Benefit to Daughters – Vineeta Sharma Case Applied - Despite daughter Yadamma predeceasing father Sayanna, Court held that her children (plaintiffs) were entitled to share under amended law—Alienation in 2008 not protected as it was post-2005 amendment—Sale without daughters' consent invalid for their share [Paras 13, 17–18].

Mutation and Possession – Not Conclusive of Title – No Registered Partition Proven - Appellant argued partition and mutation among male heirs occurred in 1989—Court held mere revenue mutation or oral arrangement cannot override inheritance rights without registered partition deed—Constructive possession held in favour of all Class-I heirs [Paras 6–7, 18].

Court Fee – Section 34(2) – Constructive Possession Sufficient – Objection Overruled - Though appellant argued plaintiffs not in possession and court fee insufficient, Court held that in cases of joint family property, co-owners are deemed in constructive possession—Court fee paid correctly [Paras 9, 12].

Decision – Appeal Dismissed – Decree for Partition and Allotment of 1/6th Share Each to Plaintiffs and Legal Heirs Affirmed – Sale in Favour of Defendant No.6 Not Binding Beyond Vendor's Share – No Costs [Para 19].
 

Civil Law – Recovery - Promissory Note – Burden of Proof – Plaintiff Discharged Burden – Defendant Failed to Rebut – Suit Based on Two Promissory Notes – Plaintiff examined himself and proved original documents – Defendant, who alleged forgery, failed to enter witness box or produce any evidence – Burden to rebut shifted to defendant and remained undischarged – Findings of Trial and Appellate Courts upheld [Paras 15-18]. 
 
Execution of Document – Attestation Not Mandatory – Promissory Note Valid Without Witnesses – Court reiterated that promissory notes are not compulsorily attestable documents – Plaintiff’s oral testimony supported by original documents was sufficient – Presence of attesting witness not mandatory [Paras 15-16]. 
 
Civil Procedure – Second Appeal – Limited Scope Under Section 100 CPC – No Interference in Concurrent Findings of Fact – High Court reiterated limited jurisdiction in second appeal – No interference warranted unless findings are perverse or based on inadmissible evidence – No such infirmity found in concurrent findings [Paras 14, 18]. 
 
Failure to Lead Evidence – Adverse Inference Against Defendant – Presumption Invoked – Defendant’s refusal to step into witness box or challenge order rejecting his IA under Section 45 of the Evidence Act (for handwriting expert) led to adverse inference – Applied principle from Vidhyadhar v. Manikrao, AIR 1999 SC 1441 [Para 16]. 
 
Decision – Second Appeal Dismissed – Findings Upheld – Appeal dismissed for lack of merit – Costs to be borne by parties – Miscellaneous petitions closed [Para 19]. 
 

Civil Writ - Teacher Recruitment – Validity of Selection Advertisement – Supreme Court Binding Directions – Relief Denied - Petitioners sought a direction to commence the recruitment process as per the Advertisement dated 07.12.2012 – Supreme Court in Shiv Kumar Pathak (2018) had already moulded relief by permitting the State to issue a fresh advertisement for remaining vacancies, thereby rendering the continuation of the 07.12.2012 advertisement untenable – Held: Petitioners’ prayer directly contravenes Supreme Court directions and is rejected [Paras 4, 6-9].

Re-Evaluation of OMR Sheets – Allegation of Malpractice in TET 2011 – Barred by Final Judgment – Petitioners prayed for re-evaluation of OMR sheets and cancellation of candidature of those using whitener – Supreme Court in Shiv Kumar Pathak upheld the appointments made, and rejected reopening settled issues – Held: Prayers barred and not maintainable [Paras 5, 10].

Frivolous Litigation – Imposition of Cost – Petitions Held to be Luxury Litigation – Court observed that despite knowing the finality of the Supreme Court judgment, petitioners filed repetitive and baseless writs wasting judicial time – Held: All 6402 petitioners to pay Rs. 100 each as cost to High Court Bar Association, Allahabad, with compliance directed through deponents/pairokars [Paras 11-14].

Final Decision – Writ Petitions Dismissed – All prayers found contrary to binding precedent and settled law – All writ petitions dismissed with cost [Para 11].

Criminal Law - Maintainability of Complaint – Complaint by Mother-in-law under DV Act – Legally Permissible - The applicants argued that a mother-in-law is not competent to file an application under Section 12 of the Domestic Violence Act – Held: An aggrieved woman includes any woman in a domestic relationship, and a mother-in-law can file complaint if she has lived in a shared household and suffered domestic violence – Argument of non-maintainability rejected [Paras 9–12].

Prima Facie Satisfaction – Validity of Summoning Order – Summons Upheld - The summoning order dated 13.09.2024 was based on material available on record and the complaint filed by the mother-in-law – Held: Trial court rightly issued process after recording satisfaction of a prima facie case – No interference warranted under Section 482 Cr.P.C. [Paras 7–8, 13].

Defensive Pleas at Preliminary Stage – Scope of 482 Cr.P.C. – Relief Denied - Applicants argued that the complaint was a counterblast to an FIR filed under Sections 498A, 323, 504, 506 IPC and Dowry Prohibition Act – Held: Defensive arguments relating to counter-allegations and pending Section 125 Cr.P.C. application are matters for trial – Such defences do not warrant quashing under Section 482 Cr.P.C. [Paras 5–6, 8].

Interpretation – Beneficial Legislation – Liberal Interpretation of Domestic Violence Act - The Court emphasised the need to interpret the Domestic Violence Act as a beneficial statute – Held: Definitions under the Act are to be liberally construed to advance its object of protecting women from violence in domestic settings [Paras 10–11].

Criminal Law - Civil Dispute – Not Criminal – Petition for FIR Quashed – No Case for Cheating - Petitioner sought action against uncles who allegedly sold property in Solan despite prior relinquishment in family settlement – Court found the dispute to be civil in nature, not amounting to criminal fraud or misrepresentation – Held: No ingredients of Section 415 IPC made out [Paras 3, 17, 19–20].

Unregistered Family Settlement – Inadmissible in Law – No Evidentiary Value - Agreement dated 23.09.1987 was unregistered and never acted upon by mutation in revenue records – Court held unregistered document inadmissible under Section 49 of Registration Act and cannot be basis for asserting criminal intent [Paras 14–16].

Jurisdiction – Section 482 CrPC After Rejection in Revision – Permissible in Exceptional Cases Only - Petition filed after dismissal of revision petition – Court reiterated inherent powers under Section 482 CrPC must be sparingly used – No miscarriage of justice found to warrant interference [Paras 8–13].

Fraud Allegation – Co-owner Sale Not Cheating – Only Purchaser Can Complain - Following Jit Vinayak Arolkar v. State of Goa, 2025 SCC OnLine SC 31, Court held that sale of joint property by co-owner without title does not constitute fraud against other co-owners – Complaint, if any, lies with the purchaser [Para 17].

Final Decision – Petition Dismissed – Civil Remedy Available - High Court upheld orders of Trial Court and Revisional Court – Directed complainant to pursue civil suit if aggrieved – No direction for FIR or criminal proceedings [Paras 19–21].

Labour Law - Industrial Dispute – Reinstatement and Back Wages – Tribunal’s Award Set Aside – The Industrial Tribunal’s finding that the petitioner-workman was illegally refused employment and entitled to full back wages was based solely on the workman’s written statement, without any evidentiary basis – High Court held that the tribunal erroneously presumed termination in absence of documentary proof – Award set aside [Paras 1820, 28]. 
 
Transfer of Workman – Employer's Right to Allocate Work – Refusal by Workman – Not Termination – 
Employer offered the workman alternative positions in active departments due to closure of Roving Department – Workman’s insistence on working only in Roving Department held to be an unjustified refusal – Tribunal's failure to appreciate this amounted to error of law [Paras 14-17, 23-26]. 
 
Procedural Fairness – No Trial on Merits – Matter Remanded – Tribunal treated the act of permitting rejoining as consent to all claims including back wages – High Court held this violated principles of natural justice and deprived employer of full hearing – Directed re-trial on merits [Paras 21-22, 27-28]. 
 
Industrial Tribunal – Duty to Record Evidence – Final Award Without Trial Invalid – High Court emphasized that dispute on abandonment vs. refusal to permit joining must be adjudicated through evidence and not assumption – Remanded for fresh disposal within six months [Paras 27-28]. 
 
Decision – Award Dated 29.01.2024 Set Aside – Writ Petitions Disposed – High Court set aside the tribunal award and directed adjudication of Case No. 16 of 2020 afresh, on merits, after recording evidence from both parties [Paras 28-29]. 
 

Consumer Law - Challenge to order of NCDRC – Refund for Delay in Possession – Flat Purchaser Entitled – State Commission Order Upheld – Petitioner Builder failed to deliver flat despite investment of ₹6.5 lakhs by Respondent in 2010-2011 – State Commission ordered refund with 9% interest and compensation – NCDRC rejected delayed appeal – Writ Petition dismissed [Paras 3-7].

Delay Condonation – 1132-Day Delay Not Satisfactorily Explained – Condonation Denied – National Commission found petitioners’ justification (COVID, firm dissolution, health issues, settlement talks) unsubstantiated and casual – Held: Law of limitation requires reasonable, good-faith explanation – No interference warranted by High Court [Paras 8-20].

Consumer Status – Flat Purchaser is a Consumer – Challenge Baseless – Petitioner argued Respondent not a “consumer” under the Act – Rejected: Respondent paid for residential flat and falls within definition under Section 2(7) of Consumer Protection Act [Para 16].

Abuse of Process Allegation – No Evidence – Dismissed as Bald Assertion – Petitioner accused Respondent of fabricating receipts and abusing law – Held: Allegations baseless, unsupported by material – Can't substitute for legal grounds [Para 16].

Writ Jurisdiction – No Relief Without Clean Hands – Supreme Court Precedents Applied – Petitioners failed to act diligently, adopted “wait and watch” approach till settlement failed – Attempt to defeat execution process – Held: Writ remedy cannot aid party lacking bona fides [Paras 20, 23-24].

Consumer Law – Beneficial Legislation – Delay Defeats Purpose – Emphasis on Expeditious Resolution – Referring to Alpha G Corp. and other SC cases, Court reiterated that delay thwarts consumer justice mechanism – High threshold for condonation reaffirmed [Paras 18-29].

Decision – Writ Petition Dismissed – No Interference Warranted – NCDRC acted within law, applied correct principles – Writ petition held misconceived and dismissed without costs [Paras 30-31].
 

Criminal Law – Murder - Appeals Against Conviction  - Sole Eyewitness – Contradictions in Testimony – Conviction Set Aside – Informant (PW3), wife of deceased, alleged dragging and joint assault by accused – Cross-examination revealed inconsistencies regarding sequence and participation – Medical evidence did not support claim of dragging – Held: Sole testimony lacked corroboration and credibility – Conviction based solely on such evidence unsustainable [Paras 60–70, 85–86].

Section 34 IPC – Common Intention – Absence of Overt Act – Applicability Denied – PW3 admitted only one accused (now deceased) struck blows – No specific role or overt act attributed to appellants – Held: Mere presence or instigation insufficient without proof of shared intention or participation – Essential ingredients of Section 34 not satisfied – Constructive liability not attracted [Paras 71–83, 86–90].

Minor Discrepancies vs Material Contradictions – Witness Reliability – Prosecution Version Undermined – Contradictions between FIR and deposition of PW3 on presence of weapons, sequence of events, and number of assailants – Medical evidence did not corroborate dragging – Held: Contradictions went to root of matter, not minor – Witness’s version not wholly trustworthy [Paras 63–70].

Non-Examination of Material Witness – Adverse Inference – Chaukidar Not Examined – Informant stated she first reported to village watchman – Held: Failure to examine first informant in timeline affects prosecution narrative – Independent corroboration missing – Adverse inference justified [Paras 93–96].

Benefit of Doubt – Standard of Proof in Criminal Trials – Conviction Requires Certainty – Prosecution failed to establish guilt of appellants beyond reasonable doubt – Citing principles from Sharad Birdhichand Sarda, Rang Bahadur Singh, Krishnegowda – Held: When two views are possible, one favoring innocence must be adopted – Appellants entitled to acquittal [Paras 97–105].

Decision: Appeals allowed – Conviction and sentence under Section 302/34 IPC set aside – Anjulas Lakra (in Cr. Appeal No. 1018/2003) and Isdor Lakra (in Cr. Appeal No. 1327/2003) acquitted – Appeals abated qua deceased appellants Kuwar Lakra and Patras Lakra [Paras 106–108].

Criminal Law - Sections 353 and 504 IPC - Quashing of FIR – Section 482 CrPC – Allegations Vague and Non-Specific – FIR and Charge Sheet Quashed - FIR was registered against the petitioner for allegedly abusing and attempting to assault police officials while being apprehended in connection with another case – Complaint contained vague and generalized accusations without specifying the abusive words used or the nature of the assault – No injuries alleged and no forceful resistance proved – Held: Mere abusive language does not fulfill the ingredients of Sections 353 and 504 IPC – Entire proceedings quashed to prevent abuse of process and secure ends of justice [Paras 2-7].

Decision: Petition allowed – Entire proceedings in C.C. No.1199/2021 arising from Cr. No.103/2020 of Channapatna East Police Station quashed – Pending interlocutory applications also disposed of.