Constitutional Law – Premature Release of Convict – Articles 14, 226 – IPC Sections 302, 452, 34 – Cr.P.C. Sections 432, 433 – Conviction post-policy change – Determination of applicable policy for premature release – Policy at the time of conviction to be applied – Policy dated 13.08.2008 applicable for conviction in 2009, superseding earlier policy dated 12.04.2002 – Held: Policy prevalent at the time of conviction governs premature release – Petition dismissed. [Paras 1-14]

Statutory Interpretation – Policy Supersession – Premature Release – Policy dated 13.08.2008 supersedes policy dated 12.04.2002 – Policy issued under statutory provisions of Cr.P.C. has statutory force – Supreme Court precedent affirms applicability of policy at time of conviction – Petitioner's argument for application of earlier policy without merit. [Paras 4-13]

Decision – Premature Release Denied – Petition dismissed – Impugned orders upheld as they correctly applied the policy in force at the time of conviction – Policy dated 13.08.2008 considered appropriate for cases post-2008. [Paras 12-14]

Partition Law – Mode of Partition – Civil Revision Petition against the trial court's order rejecting the Local Commissioner’s report and appointing a new Local Commissioner – Trial court’s action of reopening the determination of ownership shares and inviting evidence on the same issue – Held, improper and contrary to established legal principles – Trial court directed to proceed with the Local Commissioner’s report and finalize the decree without disturbing the possession of any other co-sharer unless they have made a specific request for partition – Fresh suit for partition suggested for respondents desiring separate possession. [Paras 1-10]

Determination of Ownership Shares – Analysis – Trial court's error in reopening the determination of ownership shares and possession for respondent No. 1 – Held – Preliminary decree already determined petitioner’s share – No other co-sharer, including respondent No. 1, made any claim for separation of their shares – Partition proceedings to be limited to granting possession to the petitioner without reopening ownership issues. [Paras 5-10]

Final Decree Proceedings – Process and Limitations – Held – Final decree preparation is a ministerial act focused on implementing the preliminary decree – Judicial adjudication is limited to ancillary issues – Court below’s action in reframing issues for ownership and possession at this stage is improper – Reliance on Supreme Court judgment in Shub Karan Bubna vs. Sita Saran Bubna emphasized. [Para 8]

Decision – Order of Trial Court Set Aside – Revision petition allowed – Direction to proceed with Local Commissioner’s report for preparation of final decree – Possession to be handed over to the petitioner as per his entitlement. [Para 10]

Criminal Law – Anticipatory Bail – Sections 420, 120-B IPC – Section 438 Cr.P.C. – Petitioner, a deed writer, accused in a case involving a fraudulent agreement to sell – Petitioner not a party to the sale – Alleged transaction involved misrepresentation by sellers – Held: Anticipatory bail granted as custodial interrogation not required – Questions regarding the purchaser's duty to verify title and petitioner's role to be determined at trial. [Paras 1-10]

Involvement in Fraud – Role of Deed Writer – Petitioner alleged to have taken commission and written the fraudulent deed – Responsibility to verify title lies with the purchaser – Delay in FIR registration and existence of compromise suggest non-requirement of custodial interrogation – Anticipatory bail appropriate. [Paras 3-8]

Decision – Grant of Anticipatory Bail – Petitions allowed – Petitioners granted anticipatory bail with conditions to ensure cooperation with investigation – State may seek cancellation if petitioners fail to cooperate. [Paras 8-10]

Education Law - Revaluation and Grace Marks - MBBS Examination - LPA challenging denial of grace marks and revaluation request - National Medical Commission Regulations and University Ordinance - Appellant's failure in two subjects - Held, university can award up to 5 grace marks only if the student has failed in one subject and passed all others. - In this case, appellant failed in two subjects, making her ineligible for grace marks. - Ordinance of the university explicitly denies revaluation of MBBS examinations. - Appeal dismissed, confirming the writ court's decision rejecting the appellant's claims for grace marks and revaluation​​.

Grace Marks – Appellant challenged the rejection of her request for awarding grace marks and re-evaluation of her MBBS examination papers – High Court held that the University can grant a maximum of 5 grace marks to a student who has failed in only one subject, provided the student has passed in all other subjects – Appellant failed in two subjects and was therefore ineligible for grace marks as per the National Medical Commission Regulations on Graduate Medical Education, 1997 and University Ordinance [Paras 1-3, 9-14].

Re-evaluation – Appellant sought re-evaluation of her examination papers by an independent examiner – High Court noted that the University Ordinance explicitly prohibits re-evaluation of answer books for MBBS and other medical examinations – The request for re-evaluation was denied, and the claim of arbitrary and unjustified treatment by the University was found to be without merit [Paras 4-6, 15-18].

Decision – Dismissal of Appeal – Held – The appeal is dismissed as the appellant's requests for grace marks and re-evaluation were unsupported by the governing regulations and ordinances – The allegations of malafide against University faculty were found unsubstantiated and irrelevant to the legal provisions governing the case [Paras 17, 19-20].

Juvenile Justice – Bail – Section 12 JJ Act – Bail to Juvenile Rule, Exceptions Narrow – Juvenile in conflict with law entitled to bail unless falling under specific exceptions – No specific role or injury attributed to appellant – Appellant in custody since 24.07.2019 – Trial likely to be prolonged – Co-accused granted bail – Held: Bail granted to juvenile appellant. [Paras 1-15]

Juvenile Justice – Statutory Interpretation – Section 12 JJ Act – Bail is a rule, denial only in exceptional circumstances – Court must explicitly consider exceptions under Section 12 JJ Act – Non-consideration of statutory provisions by lower court erroneous – Appellant’s case not covered by statutory exceptions – Grant of bail justified. [Paras 8-14]

Decision – Bail Granted – Appeal allowed – Lower court order set aside – Appellant directed to be released on bail subject to conditions – Directions for expeditious trial. [Paras 15-16]

Land Law - Ownership Dispute - Writ Petition under Article 226 - Petitioner sought to quash the orders dismissing his petition and statutory appeal under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961. The petitioner claimed ownership and possession of Nazul land as a successor by will, whereas the Gram Panchayat asserted ownership per Jamabandi for the year 2004-2005. The Court upheld the findings of the authorities that the petitioner failed to produce any allotment letter to support the entry of RapatRoznamcha. The entry in RapatRoznamcha without an allotment letter was deemed insignificant. The Court dismissed the writ petition, affirming the orders of the competent jurisdictional authorities. [Paras 1-10]

Declaratory Petition under Section 11 - Analysis - The Court observed that the Jamabandi for the year 2004-2005 recorded the Gram Panchayat as the owner and the petitioner's father as 'Gair Marusi'. It was established that a 'Gair Marusi' (non-occupant tenant) could not acquire the status and rights of 'Marusi' and claim ownership. Despite multiple opportunities, the petitioner could not provide any evidence of the suit land being Nazul land. [Paras 6-7]

Decision - Dismissal of Writ Petition - The Court dismissed the writ petition, finding no revenue document or any other evidence suggesting that the suit land was Nazul land allotted to the predecessor of the petitioner. The judgment and decree of the civil court were deemed beyond its jurisdictional competence and thus null. The orders passed by the competent jurisdictional authorities were upheld. [Paras 9-10]

Family Law – Divorce – Irretrievable Breakdown of Marriage – Section 13 Hindu Marriage Act – Husband and wife cohabited for only 15 days – Marriage not consummated – Wife initiated criminal proceedings against husband and family alleging dowry demands – Held: Marriage has irretrievably broken down with no chance of reconciliation – Divorce granted to the husband. [Paras 2, 10-14]

Family Law – Cruelty – Mental Cruelty – Section 13(1)(ia) Hindu Marriage Act – Physical violence not necessary for cruelty – Continuous mental agony and harassment constitute cruelty – Institution of false criminal proceedings amounts to mental cruelty – Divorce justified based on wife's conduct causing mental torture to husband. [Paras 3, 5-11]

Decision – Divorce Granted – Appeals allowed – Judgment of Family Court set aside – Husband's petition for divorce granted, wife's petition for restitution of conjugal rights dismissed – Marriage dissolved due to cruelty and non-consummation. [Paras 12-14]

Criminal Law – Withdrawal of Surety – Sections 148, 149, 212, 308, 323, 325, 506 IPC – Sections 482 and 444 Cr.P.C. – Petitioner's application for withdrawal of surety bond furnished in favor of the accused Pankaj – Lower court's failure to consider Section 444 Cr.P.C. provisions – Held: Application for withdrawal of surety bond must be reconsidered by the lower court in light of Section 444 Cr.P.C. – Lower court's order set aside with directions to decide the application afresh. [Paras 1-12]

Discharge of Sureties – Legal Requirements – Section 444 Cr.P.C. allows sureties to apply for discharge of bond – Magistrate required to issue a warrant for arrest and direct the discharge of bond upon the appearance of the accused – Requirement for the accused to find new sureties or face commitment to jail if unable to do so – Importance of following statutory procedures for fairness and due process. [Paras 6-8]

Decision – Reconsideration of Application – Petition allowed, directing lower court to reconsider the application for withdrawal of surety bond as per Section 444 Cr.P.C. – Fresh decision to be made within one month, ensuring proper notice and hearing of all concerned parties. [Paras 9-12]

Criminal Law – Regular Bail – Section 306 IPC – Abetment to Suicide – Petitioner's alleged involvement in abetment based on a suicide note – Suicide note lacks specific instances implicating petitioner – No prior complaints by deceased or complainant against petitioner – Held: Grant of regular bail justified considering lack of direct evidence and prolonged custody – Petitioner entitled to bail subject to conditions to ensure presence at trial and prevent witness tampering. [Paras 1-13]

Mens Rea and Active Act – Analysis – In order to convict under Section 306 IPC, clear mens rea and an active or direct act leading to suicide are required – Mere harassment insufficient without a positive act to instigate or aid in suicide – References to Supreme Court rulings in Gangula Mohan Reddy and other cases supporting the need for clear instigation or aid for abetment. [Paras 5-9]

Decision – Grant of Regular Bail – Petition allowed, directing release of petitioner on bail with conditions to ensure non-tampering with evidence, regular court attendance, and prevention of further offenses – Prosecution's liberty to seek cancellation of bail upon any breach of conditions. [Paras 10-13]