NDPS - Compliance with Section 42 NDPS Act – Challenge to Conviction – Conviction for Offense under Section 21(b) read with Section 31 NDPS Act Upheld – Evidence and Procedure Examined – Compliance with Section 42 and 50 NDPS Act Established – Appellant Previously Convicted under NDPS Act – Held, no merit in appeal; conviction and sentence confirmed. [Paras 1-18]

Section 42 NDPS Act – Compliance – Analysis – Examination of compliance with Section 42 NDPS Act in light of Supreme Court precedents – Held, recording of information received under Section 42(1) and sending a copy to the immediate superior is mandatory – Compliance in present case proved as per Exhibit PW11/A – Communication termed as ‘Ruqa’ deemed sufficient for compliance – Conviction upheld on this basis. [Paras 14-18]

Search and Seizure under NDPS Act – Legal Procedure – Held, as per mandate of Section 50 NDPS Act, the search of the appellant was conducted in presence of Gazetted Officer as desired by appellant – FSL report and prior conviction under NDPS Act duly proved – Appellant’s guilt established beyond reasonable doubt. [Para 18]

Decision – Conviction and Sentence Upheld – Appeal Dismissed – Court finds no merit in the appeal based on the examination of compliance with Sections 42 and 50 of NDPS Act and other evidence on record – Conviction and sentence of appellant for offense under Section 21(b) read with Section 31 of the NDPS Act confirmed. [Para 18]

Jurisdiction of Family Courts – Suit for Possession/Injunction – Contested issue of Family Court's jurisdiction over suits for possession or injunction filed by in-laws claiming property ownership and involving daughter-in-law – Family Courts Act, 1984, Sections 7(1)(d), 8 – Civil Procedure Code, Section 9 – Held, such disputes incidentally indicating matrimonial relationships do not fall exclusively under Family Court jurisdiction – Ownership rights to immovable property considered independently of matrimonial relationship – Jurisdiction of Civil Courts not barred. [Paras 44(a), 35-36]

Family Courts Act – Scope and Interpretation – Clarification on 'circumstances arising out of marital relationship' under Section 7(1)(d) of Family Courts Act – Focus on direct connection between cause of action and marital relationship – Circumstances must be integral to marital relationship for Family Court's jurisdiction – Mere existence of a matrimonial relationship between parties not sufficient. [Paras 44(a), 37]

Joinder of Parties – Effect on Jurisdiction – Role of husband's joinder in determining jurisdiction of Family Courts – Held, impleadment or non-impleadment of husband/defendant's son not determinative of Family Court's jurisdiction – Focus on cause of action's foundation on marital relationship. [Paras 44(b), 42]

Decision: Family Court's jurisdiction not applicable to property ownership disputes between in-laws and daughter-in-law where cause of action independent of marital relationship – Civil Courts retain jurisdiction – Suit for possession/injunction by in-laws against daughter-in-law to be tried in Civil Court – Jurisdiction determined by intrinsic connection of dispute with marital relationship. [Paras 44-45]

Quashing of NBW Sought by Petitioner – Alleged involvement in bribery to influence a CBI case – Petitioner's repeated absence and failure to comply with court directives – Non-Bailable Warrants (NBW) issued – Petitioner’s application under Section 482 Cr.P.C. seeking quashing of NBW and related proceedings [Paras 1, 9-14, 20-38].

Quashing of Non-Bailable Warrant (NBW) – Dismissal of Application – Petitioner, accused in Prevention of Corruption Act case, failed to appear physically despite repeated court orders – Trial Court issued Non-Bailable Warrant – High Court finds no illegality or infirmity in Trial Court's order – Petitioner’s previous non-compliance with court's direction and non-appearance before the Investigating Officer noted – Bail application dismissed. [Paras 32-37]

Non-Appearance of Accused – Impact on Judicial Process – Repeated non-appearance of accused before Trial Court and failure to comply with summons – NBW issued as a coercive measure due to consistent avoidance of court proceedings – Court’s discretion in issuing NBW considered a balance between personal liberty and societal interest. [Paras 33-36]

Judicial Discretion in Issuing Non-Bailable Warrants – Examined – Court exercised discretion judiciously after multiple opportunities given to the accused to appear – NBW seen as necessary due to persistent non-compliance and evasion from the legal process. [Paras 34, 36]

Decision – Dismissal of the application seeking quashing of NBW – Upheld issuance of NBW against petitioner – Observations not to affect merits of the case [Paras 37-39].

Regular Second Appeal – Dismissal – Challenge to Judgments and Decrees of Trial Court and First Appellate Court in suit for declaration and joint possession – Suit dismissed by both courts – Appellant's plea of fraud in obtaining initial judgment and decree in Civil Suit No. 1105 of 1990 and subsequent mutations – No merit found by High Court – Concurrent findings of lower courts upheld. [Para 1, 7]

Judgment and Decree Obtained by Fraud – Allegation Rejected – High Court finds no evidence to displace judgments and decrees dated 07.11.1990 in Civil Suit No. 1105 of 1990 and 03.03.2003 in Civil Suit No. 145 of 2001 – Allegation of impersonation of defendant in earlier suit and obtaining decree by fraud not substantiated – Earlier civil suits involving same matter compromised and judgment upheld. [Para 7]

Lack of Substantial Question of Law – Appeal Dismissed – No substantial question of law arising in the case – Regular Second Appeal dismissed. [Para 8]

Decision – Appeal lacking merit dismissed – Regular Second Appeal No. 3653 of 2018 resolved in favor of respondents. [Para 8]

Landlord-Tenant Dispute – Ejectment under Rent Act – Revision petition by tenant challenging orders for eviction under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 – Landlord claimed bonafide personal necessity for eviction – Tenant disputed landlord's ownership and authority to seek eviction – Tenant’s contention that landlord must be the owner rejected – Definition of 'landlord' under Rent Act includes any person entitled to receive rent, whether owner or not – Apex Court precedent cited supporting broader interpretation of 'landlord' – Tenant's admission of landlord-tenant relationship established – Tenant's objection to landlord's status as Sub Power of Attorney holder dismissed – No such plea raised in written statement – Revision petition devoid of merit – Orders of eviction upheld. [Paras 1-15]

Appeal Against Tribunal Award – The New India Assurance Company Limited challenges the award of the Motor Accident Claims Tribunal, Karnal, regarding compensation for the death of Ajay in a road accident involving a motorcycle and a tractor [Para 1].

Factual Background – On 23.06.2020, Ajay and Parveen met with an accident caused by a tractor, resulting in Ajay’s death and the initiation of FIR No.171 under Sections 279, 304-A, 337 IPC at Police Station Madhuban, Karnal [Paras 2, 3].

Tribunal’s Compensation Assessment – Tribunal assesses deceased’s income based on Deputy Commissioner rates, leading to a total compensation of Rs. 35,49,112 [Para 3].

Insurance Company’s Appeal – The appellant contends contributory negligence and argues for income assessment based on minimum wages, not DC rates [Para 5].

Rejection of Contributory Negligence Argument – Court notes the argument was not raised before the Tribunal, and hence, rejects it [Para 7].

Income Assessment Based on DC Rates Justified – Court upholds the use of Deputy Commissioner rates over minimum wages for income assessment, referring to the case National Insurance Company Limited vs. Meena Devi & Ors. And other precedents [Paras 7-12].

Dismissal of Appeal – Considering the circumstances, including the young age of the widow and minor children, the Court finds the Tribunal’s award just and appropriate, dismissing the appeal [Para 13].

Background – Suit for Declaration and Permanent Injunction – Family Settlement: The appellant, defendant in a suit filed for declaration and permanent injunction by the respondent-plaintiff, claimed joint ownership of family properties based on an unregistered family settlement dated 10.10.2011 [Paras 1-2].

Trial Court Decision – Partial Decree – Possession Protected: Trial Court partly decreed the suit, protecting the respondent-plaintiff's possession over specific properties while recognizing the joint nature of the properties due to the unregistered settlement [Para 4].

Appellate Court’s Ruling – Dismissal of Appeal and Cross-Objections: First Appellate Court dismissed both the appeal by the appellants and cross-objections by the respondent-plaintiff, upholding Trial Court's decision [Para 4].

High Court Findings – Unregistered Family Settlement – Implication on Ownership: High Court noted the family settlement required registration under Section 17 of the Indian Registration Act, 1908. Its unregistered status implied that the properties remained joint, negating claims to exclusive ownership [Para 7].

Admitted Possession – Protection Upheld: Since the appellants admitted the respondent-plaintiff's possession over certain properties, the Courts' protection of such possession was justified. The appellants failed to establish their exclusive possession [Para 8].

Conclusion – Dismissal of Second Appeal: High Court found no merit in the appeal, no substantial question of law arose, leading to dismissal of the second appeal [Para 9].

Referred Cases: Not mentioned in provided text.

Factual Background – Complaints were made by the petitioner under Sections 498A and 406 IPC against her husband and in-laws, alleging severe demands for dowry and subsequent physical and mental cruelty after her marriage in 1998 – The FIR was filed in December 2002 and charge-sheet filed in July 2004 – Magistrate took cognizance on the same day the charge-sheet was filed [Paras 2-3].

Quashing of Cognizance under Limitation Period – Criminal Miscellaneous Case – Delhi High Court sets aside Sessions Court judgment – Accused discharged from charges under Section 498A/34 IPC challenged – Held, the cognizance was not time-barred; period calculated from the date of filing the complaint, not the date of cognizance by the Magistrate – Following Supreme Court precedents, cognizance by Magistrate under Sections 498A/406 IPC valid despite delay in FIR registration. [Paras 12-18]

Role of Police Officer as Complainant – Analyzing bias against police officers in domestic violence cases – Held, the status of a complainant as a police officer does not negate the possibility of being a victim of domestic violence; stereotypes about professional toughness dismissed – Importance of impartial judicial assessment without bias reiterated. [Paras 24-30]

Gender Neutrality in Judicial Decision-Making – Discussed the need for gender neutrality in judiciary – Highlighted the misconception that women in authoritative roles cannot be victims of domestic abuse – Emphasized on judicial education to combat hidden biases and uphold gender neutrality in legal proceedings. [Paras 31-36]

Decision – Reinstatement of Charges – Delhi High Court reverses Session Court’s discharge of accused – Cognizance of charges under Sections 498A/34 IPC upheld – Case remanded back to the trial court for continuation of proceedings. [Paras 45-49]

Money Laundering – PMLA – Discharge of Accused – Respondents discharged by Special Judge under PMLA post-acquittal in predicate offence (IPC sections) – High Court held discharge appropriate as PMLA charges contingent on commission of scheduled offence – Acquittal in scheduled offence nullifies basis for money laundering charges – Special Judge's order upheld, confirming no money laundering offence if no scheduled offence proven [Paras 1-33].

Legal Principle – Continuation of Proceedings – Appeal Pending – Petitioner argued pending appeal against acquittal in predicate offence should prevent discharge under PMLA – High Court rejected argument, stating discharge valid until acquittal overturned in appeal – Properties attached under PMLA to be released, with option to reattach if acquittal reversed [Paras 13-30].

Criminal Law – Presumption of Innocence – Reinforcement Post-Acquittal – Filing or pendency of appeal does not negate acquittal effects – Presumption of innocence remains until higher court conviction – Attached properties not deemed proceeds of crime post-acquittal [Paras 17-19, 29-30].

Decision – Petition Dismissed – Special Judge’s order discharging respondents under PMLA upheld – Attached properties to be released – ED retains right to revive proceedings if acquittal in predicate offence reversed on appeal [Paras 32-33].