Telecom Law – Jurisdiction of TDSAT – Dispute Between Service Providers – Plaintiff (a Class 'A' ISP) and Defendant No.1 (a Category 'A' ITSP) entered into an Operational Merger Agreement (OMA) for resource and infrastructure integration – Allegations of breach of contract, disruption of services, and withholding of infrastructure affecting thousands of end consumers – Held: Dispute is between service providers and directly impacts users—Squarely falls within exclusive jurisdiction of TDSAT under Section 14(a)(ii) of TRAI Act—Civil suit not maintainable [Paras 3, 22–26, 38–39]

Civil Procedure – Bar of Jurisdiction – Section 15 of TRAI Act – Civil courts barred from entertaining disputes that TDSAT is competent to adjudicate – Inclusion of individual directors and foreign parent company (non-service providers) does not alter the core nature of the dispute – Allegations against Defendants 2–5 arise from their roles within service provider operations – No distinct cause of action independent of the primary dispute – Civil court lacks jurisdiction [Paras 30–35]

Consumer Impact – Scope of TRAI Act – Plaintiff admitted disruption of service to approx. 19,000 residential and commercial users including hospitals, schools, and government bodies – Held: Where dispute affects a large body of consumers, TDSAT as the expert tribunal must adjudicate – Object of TRAI Act is to ensure consumer protection and orderly growth of telecom sector [Paras 24–26]

Contractual Disputes – Private Agreement Between Telecom Operators – Plaintiff argued dispute arose from a private contractual arrangement unrelated to regulatory functions – Court rejected argument citing binding precedent that even private agreements between service providers fall within TDSAT’s domain if consumer interests are affected or sectoral regulation is implicated [Paras 27–29]

Distinction from Precedents – Cases relied upon by plaintiff (e.g., Amrit Aneja, Hathway Digital) held inapplicable – Those disputes involved non-service providers or employer-employee issues – In contrast, current dispute involves operational failures and service disruptions between two licensed service providers [Paras 36–37]

Decision:Suit held not maintainable – Dispute falls within exclusive jurisdiction of TDSAT under Sections 14 and 15 of the TRAI Act – Civil court barred from entertaining the matter – Plaint rejected – Pending applications disposed of accordingly.

Property Law – Communal Land – Order I Rule 8 CPC – Adverse Possession by State – Identity of Land – State estopped from claiming adverse possession – Suit partly maintainable – Declaration granted for Hal Plot No.1575; claim rejected for “Smasana” land [Paras 15–29].

Communal Land – “Smasana” – Necessity of Representative Suit – Non-Joinder – Suit Not Maintainable – Hal Plot No.1563 recorded as “Smasana” is communal land in which entire village has common interest – Plaintiffs failed to comply with mandatory requirements of Order I Rule 8 CPC before seeking declaration of title – Villagers of Mouza Attopur-Badapokharital being necessary parties, suit in respect of A.0.03 decimals of Hal Plot No.1563 rightly dismissed by courts below – Held: No error in concurrent findings dismissing claim regarding “Smasana” land [Paras 15–18].

Adverse Possession – Plea by State – Impermissible – Implied Admission of Plaintiff’s Title and Identity of Property – State pleaded long possession and prescriptive title over A.0.09 decimals of Hal Plot No.1575 – Such plea amounts to implicit admission of plaintiffs’ title and identity of the suit land – As per settled law, the State cannot perfect title by adverse possession against its own citizens – Trial Court’s and First Appellate Court’s findings denying identity and ownership unsustainable – Held: State precluded from claiming adverse possession; plaintiffs’ title stands established [Paras 19–25].

Title and Identity – Establishment through Defendant’s Admissions – Reversal of Concurrent Findings – Once State claimed adverse possession, identity of A.0.09 decimals in Plot No.1575 stands admitted – Concurrent findings that plaintiffs failed to identify suit land contradicted legal effect of State’s plea – High Court interferes with concurrent findings under Section 100 CPC as findings were perverse and contrary to settled principles [Paras 22–26].

Relief – Partial Decree – Declaration of Title and Direction for RoR Correction – Suit dismissed for A.0.03 decimals of Hal Plot No.1563 (“Smasana”) – Suit decreed for A.0.09 decimals of Hal Plot No.1575 – Plaintiffs declared owners; State declared to have no right, title or interest – Possession confirmed in favour of plaintiffs – State directed to correct RoR accordingly – Appeal allowed in part [Paras 27–29].

Employees Compensation – Territorial Jurisdiction – Dismissal of Claim – Appellants challenged dismissal of compensation claim by Commissioner, Thane, for want of territorial jurisdiction – Deceased claimant initially resided in Thane when application was filed but later shifted to Uttar Pradesh – Employer based in Gujarat and accident occurred in Gujarat – Insurance company had branch office at Thane – Held: Though the employer’s registered office was not at Thane, the claimant’s ordinary residence at the time of filing and the insurer’s business presence in Thane established territorial jurisdiction – Commissioner’s rejection on jurisdictional ground was incorrect – Hyper-technical approach must be avoided in beneficial legislation like EC Act [Paras 6, 14, 38-43].

Substantial Question of Law – Appeal under Section 30 EC Act – Whether dismissal on ground of territorial jurisdiction raised substantial question of law – Held: Interpretation of ‘ordinary residence’ and relevance of insurer’s business presence involve substantial legal issues – Commissioner failed to consider this appropriately – Findings liable to be set aside [Paras 8, 11-13].

Insurance Law – Coverage under Vehicle Package Policy – Risk of employment injury covered under Employees’ Compensation Act – Insurer’s liability contractual and enforceable – Presence of insurer’s branch office, though not specified under EC Act, relevant in light of CPC principles – Insurer entitled to support Commissioner’s findings despite not raising territorial objection earlier [Paras 22-28, 40-41].

Remand – Improper Dismissal – Commissioner’s findings on employment and accident not interfered with – Matter remanded to determine compensation and apportionment of liability between employer and insurer – Appeal partly allowed [Paras 43-44].

Decision: Appeal partly allowed – Dismissal of claim on territorial jurisdiction grounds set aside – Matter remanded to Commissioner for hearing on compensation and liability – Final disposal directed within three months from 23rd November 2025.

Criminal Law – Attachment Order - Prevention of Money Laundering – Attachment of Property – Flat purchased by respondent through unregistered agreement from a company under winding-up – Tribunal quashed ED's attachment – High Court held that no valid title passed through unregistered agreement – Held: Respondent had no ownership; property continued to vest with United Breweries (Holdings) Ltd – Flat rightly attached as proceeds of crime under Section 2(1)(u), PMLA – Tribunal erred in ignoring legal position on title transfer and statutory scheme under PMLA [Paras 25, 34–40, 42, 46–47]

Winding Up – Void Transactions – Agreement to Sell entered after winding-up petition filed – No leave of Company Court taken – Held: Transaction void under Section 536(2), Companies Act – Official Liquidator’s no objection was not bona fide – Registration of sale deed during pendency of restoration proceedings held invalid [Paras 36–37, 46]

Property Law – Ownership – Unregistered Agreement to Sell – Mere agreement does not confer title – Held: As per Section 54 of the Transfer of Property Act and Suraj Lamp case, only registered conveyance creates ownership rights – Buyer at best had a right to seek specific performance – Respondent had no legal interest in property [Paras 38–41]

PMLA – Procedural Compliance – Freezing and Attachment – Provisional attachment by ED was in accordance with Section 5 and confirmed by Adjudicating Authority – High Court reiterated importance of procedural safeguards under PMLA – Cited Opto Circuits (2021) 6 SCC 707 to reaffirm that failure to follow mandatory procedure renders freezing invalid – In present case, ED complied fully [Paras 21–24]

Restoration of Property – Public Sector Banks – Banks holding public funds passed stringent tests under PMLA – Special Court ordered restoration of attached assets to bank consortium – Respondent suppressed facts during sale deed registration – Held: Conduct not bona fide, undermined pending PMLA and winding-up proceedings [Paras 44–45]

Decision: Appeal allowed – Order of Appellate Tribunal quashing attachment set aside – Flat No. 7A held to be validly attached as proceeds of crime – Respondent held to have no title – Sale deed executed during pendency of proceedings declared invalid.

Service Law – Municipal Recruitment – Sanitation Workers – Daily wage CLR workers with long years of service permitted to participate in selection pursuant to interim court orders – Selection conducted on merits along with Employment Exchange candidates – Wider zone of consideration permissible – No illegality in appointing daily wagers who succeeded in selection – Employment Exchange-only restriction not absolute – Writs by daily wage workers allowed; writs by Employment Exchange candidates dismissed [Paras 19–27].

Regularisation – Daily Wage / CLR Workers – No automatic right to regularisation – However, when daily wage workers were allowed to participate in a full, competitive selection process and emerged successful, their appointment cannot be denied – Distinction drawn between “regularisation as of right” and “appointment after due selection” [Paras 19–21].

Employment Exchange – G.O. dated 22.04.1982 – Employment Exchange sponsorship mandatory in ordinary circumstances – However, following Excise Superintendent v. K.B.N. Visweshwara Rao principle, Employment Exchange cannot be sole channel – Fair selection requires wider notification or inclusion of eligible workers – Daily wage workers validly included in selection pursuant to Court order – No bar to considering them on merit [Paras 20–22].

Constitutional Law – Equality in Public Employment – Restricting selection exclusively to Employment Exchange candidates may deprive eligible persons of opportunity – Court relied on Visweshwara Rao to uphold broader zone of consideration – Selection found fair, merit-based, and uniform for both groups [Paras 21–23].

Recruitment Process – Validity – Municipality produced consolidated select list; no allegation of exclusion, bias or mala fides – All candidates (Employment Exchange nominees + CLR workers) evaluated under same criteria – Selection upheld as lawful [Para 23].

Relief – Petitioners (CLR workers) in WP(C) Nos. 15142 & 15146/2023 directed to be appointed as Substitute Sanitation Workers as per merit list – WP(C) 15500/2023 & 20483/2025 (Employment Exchange candidates) dismissed except to extent selected candidates among them will be appointed – WP(C) 37605/2024 partly allowed with direction to include CLR workers with >10 years’ service in future selection in Thrippunithura Municipality [Final Paras].

Criminal Law – Murder of Mother by Husband and Son – Conviction Based on Dying Declaration – Deceased, suffering 100% burn injuries, made two consistent dying declarations before doctor and investigating officer accusing her husband and son – Declarations found voluntary, cogent, and free from inducement – Court held: No motive for deceased to falsely implicate close family – Conviction upheld on strength of declarations and corroborating circumstances [Paras 5–7, 22, 34–39]

Evidence Law – Dying Declaration – Admissibility and Sufficiency – Declaration recorded by treating doctor and police officer in hospital – Court reiterated legal position that dying declaration can form sole basis for conviction if found reliable – Certification of fitness by doctor present – No need for Magistrate's recording in urgent medical context – No evidence of tutoring or pressure – Held: Statements inspire confidence and withstand scrutiny under settled jurisprudence [Paras 9–15, 29–31, 35–37]

Criminal Procedure – Recording of Dying Declaration – Executive Magistrate Not Present – No adverse inference drawn due to urgency and critical condition of victim – Victim survived only 15 hours post incident – Police’s failure to call Magistrate held not fatal – Court held that procedural flexibility permissible if substance of law upheld [Paras 16, 30, 37]

Circumstantial Evidence – Scene Tampering and Absence of Suicide Indicators – No kerosene container, matchbox, or burn marks found at scene – Site cleaned before police arrived – Husband did not accompany victim to hospital – No suicide note or motive – All factors point towards deliberate cover-up – Held: Circumstantial evidence consistent with prosecution case and supports dying declarations [Paras 32–34, 38]

Defence Plea – Suicide Theory Rejected – Appellants failed to show any motive for deceased to implicate them – Alleged language barrier and physical incapacity not proved – No expert or witness to support defence – Court found no reason to discard consistent dying declarations or disbelieve doctor’s testimony – Held: Suicide theory speculative and unsupported [Paras 18–21, 23–28]

Decision: Appeal dismissed – Conviction of Didar Singh and Maan Singh under Section 302/34 IPC upheld – Dying declarations held admissible and trustworthy – Circumstantial evidence supports homicidal nature of death – Defence plea of suicide rejected – Appellate Court finds no ground to interfere with trial court judgment.

Negotiable Instruments – Cheque Dishonour – Secondary Evidence – Original Cheque Lost – Complainant sought to mark photocopy of cheque under Section 65 of Evidence Act after discovering original was missing – Trial Court rejected plea citing lack of explanation and absence of return memo – Held: Respondent had not denied existence of cheque but only disputed ink and handwriting – Court directed that photostat copy be marked as primary evidence – All defences left open for trial [Paras 2, 4, 5]

Criminal Procedure – Revision – Interference with Trial Court’s Discretion – Rejection of secondary evidence without considering surrounding documentary evidence including promissory note, legal notice, reply – Held: Trial Court erred in mechanically rejecting the application – Revision allowed to avoid miscarriage of justice in a long pending matter [Paras 4, 5]

Evidence Act – Secondary Evidence – Photostat Copy – Permissibility – Where original cheque is lost and its existence is corroborated by other documents such as promissory note and notices – Held: Photocopy admissible under Section 65 of Evidence Act – Respondent free to challenge genuineness during trial [Paras 4, 5]

Trial Directions – Expeditious Disposal – Case pending since 2014 – Directed to be posted on day-to-day basis and completed within two months from receipt of order [Para 6]

Decision: Criminal Revision allowed – Order of trial court set aside – Photostat copy of cheque permitted to be marked as primary evidence – Trial Court directed to complete trial within two months – Connected Criminal Miscellaneous Petition closed [Paras 5-7]

Criminal Law - Money Laundering – Freezing of Property – Requirement of "Reason to Believe" – Section 17(1A), PMLA – Freezing orders dated 05.09.2018 passed by ED under Section 17(1A) were held invalid as they were based solely on "suspicion" without material or reasons recorded in writing – Court held "suspicion" is not equivalent to "reason to believe" and cannot justify action under PMLA – Procedural non-compliance with Rules 3 and 4 of the 2005 Freezing Rules also found – Held: Orders unsustainable in law [Paras 59–67]

Attachment Proceedings – Section 8(3), PMLA – Misreading of 90-day Clause by Tribunal – Tribunal’s interpretation that investigation must be completed within 90 days under Section 8(3)(a) was held erroneous – Court clarified: 90-day limit pertains to duration of attachment/retention during investigation, not to the investigation itself – Held: No statutory time limit prescribed for completion of investigation under PMLA [Paras 37–42]

Property Freezing – Whether Person Must Be Accused – Respondent not named as an accused, but husband was – Court followed Union of India v. J.P. Singh and held that continuation of freezing under Section 8(3) does not require the person holding property to be an accused, as long as property is linked to alleged money laundering and prosecution complaint is pending [Paras 45–48]

Procedural Safeguards – Violation of Section 17 and Related Rules – Freezing orders failed to show compliance with mandatory procedure under Section 17(1), (1A), and (4) – No proper “reason to believe”, no material disclosed to Adjudicating Authority as required – Court reiterated that freezing impacts right to property under Article 300A and strict adherence to procedure is essential [Paras 52–68]

Function of Adjudicating Authority – Misapplication of Terminology – Confusion Between Retention, Continuation, Confirmation – Court found the adjudicating authority’s orders mechanically reproduced pleadings and failed to apply mind – Incorrect terminology used (retention granted when continuation was sought) – Held: Process vitiated due to non-application of mind and procedural errors [Paras 71–79]

Statutory Interpretation – Specific Terms Not Interchangeable – Court clarified that terms such as "freezing", "retention", "continuation", and "confirmation" are distinct and refer to different statutory processes – Lumping them together renders the orders legally defective [Paras 74–75]

Decision: Appeals dismissed – Freezing orders held illegal and procedurally defective – Tribunal’s decision to unfreeze accounts upheld – Procedural safeguards under PMLA not followed – ED’s reliance on suspicion without material held unsustainable – Pending applications disposed of – No costs awarded.

Criminal Law – Forgery – Recruitment Fraud – Dual Identity – Conviction Upheld – Petitioner filled two online applications under different names (Balwinder Singh and Baljinder Singh) to appear twice in physical recruitment test for post of constable – First attempt on 27.07.2016 resulted in failure – Second attempt under false identity detected on 17.08.2016 – Trial Court convicted petitioner under Sections 465, 468 and 471 IPC – Held: Identity proved by same photographs, signatures and certificates on both forms – Explanation that error was clerical or caused by cyber café assistant rejected – Forgery and use of forged documents clearly established – No case made out to interfere with concurrent findings of conviction [Paras 1–13, 18–21].

Criminal Procedure – Scope of Revisional Jurisdiction – New Defence Not Permissible – Petitioner attempted to raise new line of defence at revisional stage by claiming he did not appear in second test – Court held such defence never taken at trial or in statement under Section 313 CrPC – Belated claim rejected – Revisional jurisdiction not meant for re-appreciation of facts or introduction of fresh defences [Paras 12–14].

Sentencing – Principles – Leniency on Ground of Reformation and Social Hardship – Sentence Reduced – Though conviction upheld, Court reduced sentence to period already undergone (approx. 3 months) – Petitioner had no prior record, faced prosecution for 9 years, was married with two dependent children, and showed no tendency to reoffend – Court observed offence arose from misplaced desperation for public employment, not inherent criminal intent – Held: Reformative purpose of punishment satisfied, custodial sentence no longer necessary [Paras 17–25].

Judicial Precedents – Sentencing Jurisprudence – Court relied on State of Punjab v. Prem Sagar (2008) 7 SCC 550 and Shailesh Jasvantbhai v. State of Gujarat (2006) 2 SCC 359 to balance deterrent and reformative aims of sentencing – Emphasized need for judicial discretion based on offender’s socio-economic context, conduct, and likelihood of rehabilitation [Para 21–22].

Decision: Criminal revision petition partly allowed – Conviction under Sections 465, 468, and 471 IPC affirmed – Sentence reduced to period already undergone – Petitioner released forthwith if not required in any other case – Pending applications disposed [Paras 25–26].