Criminal Law – Quashing of FIR - Criminal Proceedings in Matrimonial Disputes – General Omnibus Allegations – Proceedings Quashed in Part – Supreme Court precedents reiterated that vague, sweeping allegations lacking specifics against distant relatives cannot sustain criminal charges – FIR and charge sheet quashed against Petitioner No.4 (a distant relative) for lack of necessary ingredients under Sections 504 and 506 IPC – Proceedings to continue against husband (Petitioner No.1) and sister-in-law (Petitioner No.3) based on detailed factual narrative [Paras 22–27, 30–33, 37].

Scope of Section 482 CrPC – Abuse of Process Prevention – Petition Partially Allowed – High Court invoked its inherent powers to prevent abuse of judicial process – Emphasized that courts should not allow criminal trials to continue on vague and unsubstantiated claims, particularly where specific criminal intent or intimidation is not alleged or evident [Paras 7–21, 26–28].

Role of Trial Court – Appreciation of Evidence – Left Open – Observed that once the charge sheet is filed, the trial court should be allowed to consider discharge under Section 227 CrPC based on full materials—High Court limited its scrutiny to maintainability of proceedings qua each petitioner [Paras 35–36].

Final Decision – FIR Quashed as Against Petitioner No.4 – Proceedings Against Petitioner Nos. 1 and 3 to Continue – Petition partly allowed – No opinion expressed on merits of pending trial [Paras 37–39].

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].
 

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].
 

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]. 
 

Ex-Parte Injunction – Delay in Seeking Relief – Non-Commercial Suit – Interim Relief Denied – Plaintiff filed suit nearly two years after accepting defendants’ resignation and receiving their clarificatory responses – Court held that such delay defeated claim for urgent, ex-parte relief – Trial Court rightly observed no exceptional urgency warranting ex-parte injunction – Held: Discretion exercised by Trial Court is proper; no perversity found to warrant appellate interference [Paras 12–14.2].

Appointment of Receiver and Commissioner – Ex-Parte Relief – Balance of Convenience – Rejected – Trial Court refused ex-parte appointment of receiver and commissioner, noting plaintiff’s delay and absence of urgent risk of destruction of evidence – Liberty granted to seek such reliefs after serving notice to defendants – Held: Proper exercise of discretion; no exceptional circumstance shown – Appellate Court declined interference under Order 43 and Article 227 [Paras 15–16.2].

Scope of Appellate and Supervisory Jurisdiction – Order 43 and Article 227 – Judicial Discipline Reaffirmed – Appellate court reiterated limited scope to interfere with discretionary orders unless patently perverse or arbitrary – Cited precedents like Wander Ltd., Ramakant Choksi, and Sameer Suresh Gupta – Held: Trial Court's decision within bounds of law; no gross failure of justice made out [Paras 11–11.4].

Decision – Appeals and Writ Dismissed – No error, perversity, or arbitrariness found in Trial Court’s discretionary orders refusing ex-parte reliefs – All appeals and writ application dismissed accordingly [Paras 14.2, 16.2].

Civil Writ - Slum Rehabilitation Scheme – Challenge to Declaration of Land as Slum Area – Absence of Title – Declaration Upheld – Petitioners claimed tribal status and ownership over land declared as slum area in 2016 – Relied on decades-old revenue records and Village Specimen No. 2 – Held: No valid document of title or order of allotment produced – Mere entries in revenue records insufficient to establish ownership – AGRC rightly held Petitioners as unauthorized occupants [Paras 34-49, 50-51].

Delay in Challenge – Eight-Year Delay – Slum Scheme Substantially Progressed – No Interference Warranted – Notification declaring slum area issued in 2016 – Petitioners approached Court and AGRC in 2024 – Meanwhile, 2255 out of 2313 slum structures demolished – Held: Delay defeats equity – Slum scheme too advanced to halt – Reliance placed on Apex Court decision in Mansur Ali Farida Irshad Ali [Paras 57-60].

Scope of Section 3C – Declaration of Slum Area Without Prior Declaration Under Section 4 – Legally

Permissible – Petitioners argued absence of declaration under Section 4 invalidated subsequent steps – Held: Section 3C is independent and not dependent on Section 4 – Supported by precedent in Santosh Tukaram Patil – AGRC decision sustained [Paras 52-53].

Implementation on Gairan Land – Mutation in Government Name – Slum Scheme Valid – Petitioners claimed land was Gairan and not legally available for redevelopment – Held: Mutation Entry No. 4598 records land in Government name – Gairan status no longer applicable – Notification and scheme valid – Cited Santosh Madhukar Bhondve and Jagpal Singh cases distinguished [Paras 54-56].

Eviction Proceedings – Validity of Eviction Orders under Sections 33 and 38 – Confirmed – Petitioners contended eviction orders violated their rights as alleged owners – Held: No ownership proved – Orders passed after due process and rightly upheld by AGRC – No interference required [Paras 61-64].

Final Decision – Petitions Dismissed – Implementation of Slum Scheme Not to Be Halted – Court finds no merit in Petitioners’ claim of ownership or challenge to slum declaration – Petitioners entitled to rehab tenements if eligible – Scheme implementation must proceed for benefit of majority slum dwellers [Para 65].

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 - 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].

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.