Criminal Law – Quashing of Proceedings – Cognizance Order – Appellant not named in FIR alleging fraudulent transfer of agricultural land allotted in 1997 – Cognizance/summoning order passed mechanically without specific role or prima facie material – Held: Cognizance order dated 20.03.2023 suffers from non-application of mind and is liable to be quashed [Paras 20, 22, 23, 24]

Criminal Law – IPC Offences – Cheating, Forgery, Criminal Conspiracy – Sections 420, 467, 468, 471, 384, 120-B IPC – No evidence of dishonest intention at inception or use of forged documents by appellant – Allegations vague and omnibus – No mens rea or overt act established – Held: Basic ingredients of offences not satisfied – Criminal prosecution cannot rest on assumptions or conjecture [Paras 12, 18, 24]

SC/ST Act – Section 3(1)(f) – Applicability – FIR silent on caste-based motive – No specific allegation that act was committed because of the victim’s SC status – Land dispute not sufficient to invoke the Act – Held: Invocation of SC/ST Act provisions mechanical and legally unsustainable [Paras 13, 19, 30]

Investigation – Fabricated Evidence – Witnesses shown in charge sheet had died before investigation – IO shown to have recorded statements of deceased persons – Held: Investigation tainted, unfair and unreliable – Material irregularity vitiating entire proceedings [Paras 8, 24]

Delay – FIR lodged in 2022 for land transactions of 1997 – Unexplained delay of over two decades – No civil or revenue proceedings initiated for cancellation of allegedly fraudulent pattas – Held: Inordinate and unexplained delay fatal to prosecution case – Criminal proceedings afterthought and abuse of process [Paras 11, 26, 27, 32]

Civil vs. Criminal Dispute – Predominantly revenue and civil dispute regarding pattas and land transfers – No foundational adjudication or evidence of criminality – Held: Dispute of civil nature cannot be converted into criminal prosecution – Proceedings quashed [Paras 5, 17, 25, 31]

Parity – Co-accused granted similar relief in earlier proceedings – Role of appellant not distinguishable – Held: Appellant entitled to same benefit – Prosecution against appellant discriminatory and arbitrary [Paras 25]

Abuse of Process – Continuing proceedings would result in miscarriage of justice – Held: Criminal proceedings amount to abuse of process and are liable to be quashed [Paras 33–34]

Decision: Appeal allowed – Cognizance/summoning order dated 20.03.2023, charge sheet dated 06.02.2023, and entire proceedings in Sessions Trial No. 364 of 2023 arising out of Case Crime No. 280 of 2022 under Sections 420, 467, 468, 471, 384, 120-B IPC and Section 3(1)(f) of the SC/ST Act quashed – Criminal proceedings held to be abuse of law.

Education Law – Student Union Elections – Lyngdoh Committee Recommendations – Petitioners sought mandamus for annual conduct of Student Union elections within 6–8 weeks of commencement of academic session as per Lyngdoh Committee – Court examined scope, enforceability and present applicability of recommendations in light of academic exigencies and institutional autonomy [Paras 1–3, 14–21].

Constitutional Law – Article 226 – Locus Standi – Writ petitions filed by a handful of students without representative authorization – Held: Petitioners lacked locus standi to espouse cause of lakhs of students across State – Petitions not framed as PIL – Individual writs seeking representative relief not maintainable [Paras 43–44.1].

Writ Jurisdiction – Prematurity – Exhaustion of Alternative Remedies – Petitioners failed to approach Dean, Student Welfare or University Election Authorities prior to invoking writ jurisdiction – No representation, grievance or adverse decision on record – Held: Courts do not issue writs in vacuum or at pre-decisional stage – Petitions premature [Paras 43–44.4].

Fundamental Rights – Articles 19(1)(a) & 19(1)(c) – Scope – Right to freedom of speech and association does not translate into an enforceable fundamental right to demand conduct of Student Union elections at a particular time – Participation in elections held to be statutory/administrative, not absolute fundamental right [Paras 23–25, 34–36].

Academic Autonomy vs Student Democracy – Doctrine of Balance – Student elections recognized as beneficial for democratic values and leadership – However, academic primacy, discipline and institutional harmony held paramount – Elections are ancillary to core academic mandate and must not disrupt educational ecosystem [Paras 41–42].

Lyngdoh Committee – Binding Nature – Court noted conflicting submissions on continued enforceability of Lyngdoh Committee recommendations post dismissal of University of Kerala appeal – Declined to issue mandamus enforcing elections for current academic year – Issue left to be addressed through institutional mechanisms [Paras 32–33, 52].

Prospective Directions – Judicial Guidelines – Despite dismissal of writs, Court issued extensive prospective directions in aid of good governance – Universities directed to evolve consultative and transparent mechanism for future conduct of Student Union elections – Directions issued under constitutional role of Court as sentinel on the qui vive [Paras 45–61].

Directions to Students – Grievance Redressal Mechanism – Students directed to first approach University authorities (DSW/Election Board) – Mandatory hearing to be afforded – Special meeting directed to be convened on 19.01.2026 for consultation with student representatives and affiliated colleges [Paras 47–49].

Directions to Universities and State – Accountability – Universities directed to maintain Election Boards, ensure transparency in use of election-related fees, and follow principles of natural justice – Decision on election framework to be taken within 15 days of consultative meeting [Paras 50–51].

Prospective Conduct of Elections – Court refrained from directing elections for academic year 2025–26 as session at fag end – Directed future election calendars to be issued ordinarily in March – Deviations to be supported by cogent reasons – Mode of elections to comply with RUSU Guidelines, 2017 [Paras 52–53].

Campus Discipline – Political Interference – Court cautioned against external political influence (ABVP, NSUI, SFI, etc.) – Student elections to remain student-centric – Age limits, expenditure caps and disclosure norms to be strictly enforced [Para 52(e)].

Use of University Infrastructure – General Elections – Court issued prospective directions to Election Commission of India and civil authorities to avoid requisitioning Universities as polling/counting centres where it disrupts academics – Academic calendars to be respected, especially under semester system [Paras 54–60].

Decision: Writ Petitions dismissed as not maintainable and premature – No mandamus issued for conduct of Student Union elections for academic year 2025–26 – Extensive prospective guidelines issued to students, Universities, State Government and Election Commission – Registrar (Judicial) directed to forward judgment to concerned authorities – No order as to costs [Paras 44–65].

Customs Law – Smuggling – Penalty – Section 112 – Procedural Lapses – Revenue appeals against CESTAT’s order setting aside penalties of up to ₹15 crores imposed for alleged gold smuggling based on statements under Section 108 of the Customs Act – Held: Penalties under Section 112(a) and (b) cannot be simultaneously imposed – CESTAT rightly found contradiction in statements and lack of direct evidence – No gold was seized in prior alleged instances, and seizure in the present case involved unrelated individuals – Appeals dismissed [Paras 5–6, 18].

Evidence – Section 108 Customs Act – Admissibility – Compliance with Section 138B Mandatory – Statements recorded under Section 108 cannot be used as evidence unless conditions of Section 138B are fulfilled – Held: No witness who gave statements was examined; hence statements inadmissible – Reliance on untested statements violates principles of natural justice – Reiterated by reliance on Suresh Kumar & Co. Impex Pvt. Ltd. [2025 KHC Online 6762], Jindal Drugs Pvt. Ltd. [(2016) 340 ELT 67], and Its My Name Pvt. Ltd. [(2021) 375 ELT 545] [Paras 14–18].

Natural Justice – Right to Cross-Examine – Section 122A and 124 – Tribunal's view upheld that opportunity to cross-examine witnesses is part of fair hearing under Sections 122A and 124 – Statements not meeting Section 138B test cannot be relied upon without cross-examination – Tribunal was right in discarding them [Para 22].

No Adverse Inference – Failure to Give Statement – Failure of accused to give statement under Section 108 does not amount to guilt or waiver of defence – Statute does not permit adverse inference solely on that basis – Revenue's contention rejected [Paras 20–21].

Burden of Proof – No Direct Evidence – No Recovery – Except for statements, no direct or corroborative evidence was found linking respondents with seized gold – Tribunal found no link between respondents and alleged smuggling in past incidents – Cash and gold seized from others had been released for lack of nexus [Paras 5–6].

Decision: Appeals dismissed – No question of law arises – Tribunal’s order upheld – Penalties imposed under Sections 112(a) and (b) found unsustainable due to evidentiary defects and procedural violations [Final Para].

Administrative Law – Jurisdiction – Powers under Special Statutes – Rehabilitation Act – Sale Permission – Jurisdictional Error – Divisional Commissioner revoked a sale permission granted under Section 12 of the Maharashtra Rehabilitation Act, 1999 after the transaction was completed via a registered sale deed – Held: The Rehabilitation Act does not confer appellate or revisional powers to the Divisional Commissioner in respect of such permissions – The officer granting permission under the Act acts under special statutory authority, not as a revenue officer under the Maharashtra Land Revenue Code – Sections 247 and 257 of the Code are inapplicable [Paras 12-15].

Civil Procedure – Limitation – Appeal Without Condonation – Respondents filed a delayed appeal without obtaining condonation – The Divisional Commissioner proceeded to hear the matter on merits without deciding the delay application – Held: Jurisdiction must be established before adjudication – Proceedings vitiated for lack of jurisdiction and procedural irregularity [Para 16].

Property Law – Transfer of Property – Agreement to Sell – Rights – Respondents claimed through an un-enforced 1995 agreement to sell – No suit for specific performance filed – Held: Mere agreement to sell does not confer ownership or right to object to transfer – Respondents lacked locus and were not “aggrieved persons” under Section 12 of the Act [Paras 17-18, 22].

Administrative Law – Functus Officio – No Power of Review – Once permission was acted upon by execution of sale deed and possession transfer, the authority under the Act became functus officio – There is no power to review or recall such permission under the Act – Cancellation after completion is illegal [Para 19].

Fraud – Allegations Based on Non-Disclosure – Alleged non-disclosure of prior agreement did not amount to fraud – No enforceable rights arose from said agreement – Non-disclosure of an irrelevant fact does not constitute fraud under law [Para 22].

Constitutional Law – Alternative Remedy – Not a Bar – Availability of appeal or revision under Land Revenue Code does not bar writ petition where jurisdiction is wrongly assumed – The petitioner cannot be forced to pursue an alternative remedy under an inapplicable statute [Para 21].

Decision: Writ petition allowed – Impugned order dated 1 August 2014 set aside – Sale permission dated 13 December 2010 restored – Registered sale deed held valid – No costs [Paras 24-25].

Execution of Decree – Confirmation of Possession – Recovery of Possession Permissible – Decree holder obtained decree for declaration of title, confirmation of possession and permanent injunction – After finality of decree, judgment debtor forcibly entered into possession – Held: Such conduct amounts to obstruction – Executing Court rightly directed eviction to enforce decree – A decree of confirmation of possession, once violated, can be enforced by removal of obstruction [Paras 6, 8, 17–18]

Civil Procedure – Section 47 CPC – Repeated Applications – Judgment debtor filed multiple applications under Section 47 CPC on same grounds after rejection of earlier ones – Held: Such repeated objections barred by principle akin to res judicata – Supreme Court’s directions in Rahul S. Shah v. Jinendra Kumar Gandhi followed – Frivolous objections to execution to be sternly dealt with [Paras 5, 14–15]

Limitation – Execution of Decree – Applicability of Article 136 – Petitioners contended execution was barred by limitation – Court held decree also involved permanent injunction, and thus not governed by 12-year limitation under Article 136 – Execution was within time as obstruction occurred post-second appeal – Held: Enforcement of perpetual injunction not time-barred [Paras 8–9, 19]

Interpretation of Decree – Executing Court’s Role – Judgment debtor contended that eviction not permissible as decree lacked specific direction for possession – Court held: Executing Court can interpret decree to determine its enforceability, especially when decree holder’s possession was confirmed and later obstructed – Relief sought does not go beyond decree but seeks its enforcement [Paras 21–22]

Abuse of Process – Judgment Debtor’s Tactics – Repeated filing of objections and technical pleas by judgment debtor seen as an attempt to delay and frustrate decree – Held: Courts cannot allow decree holder to be driven to file fresh suit when earlier decree has attained finality – Conduct of judgment debtor amounted to abuse of process [Paras 1, 17–18, 23]

Decision: Civil Miscellaneous Petition dismissed – Executing Court’s and Revisional Court’s orders upheld – Decree holder entitled to recover possession in enforcement of decree confirming possession and restraining interference – Executing Court directed to conclude proceedings within two months.

Criminal Law – Acid Attack – Conviction under Sections 326/34 and 304/34 IPC – Appeals against conviction – FIR held ante-timed – Effect of ante-timing – FIR shown to be registered at 6:30 a.m. but evidence established that informant returned from Delhi only around 7:45 a.m. and FIR was lodged after consultation around 9:00 a.m. – Held: FIR clearly ante-timed and belonging to category affecting prosecution case – Ante-timed FIR requires cautious scrutiny of prosecution evidence [Paras 32–38, 68–72].

Evidence Appreciation – Ocular Testimony – Injured Witness – PW-2 (injured son) gave detailed account but admitted at end of testimony that all were asleep and he did not know anything – Material self-contradiction going to root of prosecution case – Injured witness though generally accorded higher weight, testimony liable to be discarded if wholly unreliable – Held: Evidence of PW-2 not trustworthy [Paras 49–50, 59–60, 73].

Evidence Appreciation – Eye-witness Testimony – PW-3 (daughter of deceased) – Claimed to have witnessed acid attack while awake – Version found inherently improbable and self-contradictory – Contradictions regarding sequence of events, manner of assault, role of accused, and position of witnesses – Material inconsistencies with testimony of injured witness – Held: PW-3 not a reliable eye-witness [Paras 55–57, 65–67].

Contradictions in Prosecution Evidence – Material Discrepancies – Inconsistent accounts as to who poured acid on deceased – One witness attributing fatal act to Bablu, another to Anil – Discrepancies regarding resistance by victims, running to hydrant, physical scuffle – Not minor variations but contradictions on core incident – Held: Prosecution failed to present a coherent and consistent version [Paras 62–67, 74].

Motive – Double-edged Weapon – Prior conviction of two appellants for rape of informant’s daughter – Possible motive for accused to commit offence as well as for informant and family to falsely implicate – In blind crime with unreliable eyewitnesses, motive to falsely implicate assumes relevance – Held: Possibility of false implication could not be ruled out [Paras 17–22, 77–90].

Related and Interested Witnesses – Principles of Scrutiny – Evidence of close relatives requires careful and discerning scrutiny, especially where animosity exists – Court relied on Vadivelu Thevar, Raju @ Balachandran, Dalip Singh and other precedents – Held: Testimony of related witnesses failed to meet standard of credibility required for conviction [Paras 58–60, 83–86].

Criminal Jurisprudence – Burden of Proof – Benefit of Doubt – Prosecution required to prove guilt beyond reasonable doubt – Ante-timed FIR coupled with unreliable, contradictory ocular evidence created grave doubt – Held: Prosecution failed to discharge burden – Accused entitled to benefit of doubt [Paras 92–94].

Decision – Appeals Allowed – Conviction and sentence set aside – Acquittal of all appellants – Release directed forthwith unless required in any other case – Bonds under Section 481 BNSS / Section 437-A CrPC directed [Paras 95–96].

Arbitration and Conciliation Act, 1996 – Section 34 – Scope of Interference – Challenge to arbitral award on grounds of perversity and patent illegality – Court reiterated that reappreciation of evidence is impermissible under Section 34 – Arbitral Tribunal is the master of evidence – Interference warranted only where findings are perverse, arbitrary, capricious or based on no evidence – Mere possibility of a different view no ground to set aside award [Paras 32–33, 47].

Arbitration – Termination of Contract – Operating and Services Agreement – Safety Audit –Respondent stopped operations at railway siding pursuant to Oil Industry Safety Directorate (OISD) audit report – OISD recommended partial/full shutdown and declared continuation of operations unsafe – Tribunal held stop work notice to be justified and prudent – Termination of contract by petitioner solely on ground of stoppage at siding held wrongful and illegal – Finding upheld [Paras 30–31, 36–40, 46–47].

Arbitration – Contractual Interpretation – Arbitrator’s Domain – Interpretation of terms of Operating and Services Agreement and Stop Work Authority circular undertaken by Tribunal – Court held that a plausible interpretation by arbitrator cannot be substituted under Section 34 – No rewriting of contract or travel beyond its terms established [Paras 15, 41].

Arbitration – Safety Obligations – Effect of Government Safety Audit – OISD, a statutory authority, flagged serious safety hazards at railway siding – Respondent’s reliance on safety audit could not be treated as voluntary abandonment of contract – Prior knowledge of siding condition at tender stage held irrelevant once statutory authority declared operations unsafe [Paras 34–37, 39–40].

Arbitration – Alleged Inconsistencies – Indenting of Rakes – Respondent placed railway indents after issuance of stop work notice – Tribunal accepted explanation that time was taken to assess implications of OISD report – Minor inconsistencies not affecting ultimate conclusion do not render award perverse [Paras 42–43].

Arbitration – Composite Contract – Partial Performance – Argument that OSA was a composite contract incapable of partial performance rejected – Respondent stopped only railway siding operations while continuing other depot activities – Stoppage of one mode of transportation did not amount to frustration or abandonment of entire contract [Paras 18, 45].

Arbitration – Loss of Profit – Proof – Claim for loss of profit awarded on basis of unchallenged oral and documentary evidence and conservative calculations – Tribunal’s findings held neither speculative nor perverse – No interference warranted [Paras 19, 28].

Arbitration – Counterclaims – Effect of Illegal Termination – Counterclaims towards penalty, differential transportation cost and placement cost rejected – Once termination held illegal, counterclaims automatically failed – Rejection upheld [Paras 21, 28–29].

Arbitration – Bank Guarantee – Wrongful Invocation – Invocation of bank guarantee pursuant to illegal termination held wrongful – Award directing refund with interest upheld [Paras 27–29].

Interest and Costs – Arbitral Discretion – Award of interest at 13% p.a. and costs of arbitration upheld – No arbitrariness or excessiveness shown [Paras 6–7, 27].

Criminal Law - Sections 8(c), 21, 25, 27-A, 28 and 29 NDPS Act – Appeal Against Acquittal – Scope of Interference – Presumption of Innocence – Trial Court Acquittal – Held: Appellate court can interfere only if findings are perverse or based on misreading of evidence – Where trial court view is a possible and plausible view, acquittal cannot be reversed merely because another view is possible [Paras 15–16, 18].

Search and Seizure – Sections 42 and 43 NDPS Act – Public Place Search – Alleged seizure at toll plaza – Prosecution contended applicability of Section 43 – Trial court held non-compliance of Section 42 – Evidence disclosed receipt of prior information and procedural lapses – Held: Trial court justified in holding violation of mandatory safeguards – Entire proceedings vitiated [Paras 17–24, 36].

Confessional Statement – Section 67 NDPS Act – Voluntariness – Accused allegedly confined overnight and kept under restraint – Statement containing technical legal terminology – Held: Statement not voluntary and hit by Section 36 of Evidence Act – No evidentiary value could be attached to such statement [Paras 25–26, 31–32].

Independent Witnesses – Panch Witnesses Turning Hostile – Non-examination of Material Witness – Driver of vehicle not examined – Complainant not examined despite opportunity – Held: Serious infirmities in prosecution case – Adverse inference rightly drawn by trial court [Paras 17, 27, 31].

Possession of Contraband – Exclusive Possession – Prosecution failed to establish conscious and exclusive possession of 5.800 kg heroin – Contradictions in evidence of official witnesses – Independent corroboration absent – Held: Presumption under Sections 35 and 54 NDPS Act not attracted [Paras 27, 31, 37].

Criminal Conspiracy – Sections 27-A and 29 NDPS Act – Evidence Against Co-accused – Case against A2 to A4 based solely on alleged statement of co-accused – Retraction of confession – Delay in arraying accused – Held: No reliable evidence of conspiracy or role of co-accused – Acquittal justified [Paras 33–35].

Compliance with NDPS Safeguards – Sections 50, 52, 55 and 57 – Custody and sealing procedures – Failure to hand over seal to independent witnesses – Non-production before nearest police station – Held: Procedural safeguards not complied with – Prosecution case rendered doubtful [Paras 30–31].

Decision: Appeal dismissed – Judgment of acquittal dated 14.10.2011 passed in Spl. Case No. 46/2005 by the Principal Sessions Judge & Special Judge (NDPS), Tumkur affirmed – No interference warranted.

Administrative Law – Paddy Procurement – Engagement of Women’s Self Help Groups – Policy Decision – Exclusion of WSHGs from KMS 2025–26 – WSHGs engaged continuously since 2019 pursuant to 2019 Guidelines – State undertook performance review in 2024 based on complaints of mismanagement – Decision taken to restrict procurement activities to PACS and selected agencies – Held: Engagement of WSHGs is policy-based and administrative – No vested or indefeasible right to continue indefinitely – Court declines interference under Article 226 [Paras 9–11, 18].

Paddy Procurement Policy – Expression of Interest (EOI) – Non-issuance of fresh EOI – Challenge by new and previously disengaged WSHGs – Held: Issuance of EOI under executive guidelines is not mandatory in all circumstances – Mere willingness to participate does not create enforceable legal right – Mandamus cannot be issued in absence of legal duty [Paras 10, 17].

Natural Justice – Audi Alteram Partem – Disengagement of WSHGs without notice or hearing – Performance-based administrative action – Held: Principles of natural justice not rigid – Application depends on nature of right and consequences – Disengagement not punitive or stigmatic – No blacklisting or civil disability imposed – Individual show-cause notice not mandatory in policy-driven, time-bound procurement decisions [Paras 14–16].

Constitution of India – Article 14 – Classification based on performance – Preference to PACS and continuance of satisfactory WSHGs – Performance-based differentiation has rational nexus with object of ensuring smooth and efficient procurement – No arbitrariness or discrimination established [Paras 13].

Judicial Review – Scope under Article 226 – Policy and administrative decisions – Held: High Court does not sit as appellate authority over policy decisions – Interference permissible only on grounds of arbitrariness, mala fides or statutory violation – None established in present case [Paras 18–19].

Women Empowerment – Observations – While upholding State action, Court observes that Government should consider, at policy level, providing opportunities to new and previously disengaged WSHGs in future procurement years subject to norms and efficiency considerations [Para 19].

Decision: All writ petitions disposed of – No interference with impugned orders dated 16.07.2025 and 22.07.2025 – Policy discretion of State upheld.