Panchayat Law - No Confidence Motion – Jurisdiction of District Magistrate (Collector) – Section 15 of the U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 mandates that the Collector alone has jurisdiction to act on a notice of no confidence motion – Delegation of such powers to an Inquiry Committee or District Panchayat Raj Officer is impermissible – Orders passed by the District Panchayat Raj Officer rejecting the notice of no confidence on the basis of an Inquiry Committee report held to be without jurisdiction [Paras 33, 37].

No Confidence Motion – Collector’s Role and Inquiry into Validity of Signatures – Collector is required to conduct a prima facie verification of the validity of signatures in the notice of no confidence by examining the records of the Kshettra Panchayat – Detailed evidentiary inquiry or delegation of such inquiry is beyond the statutory powers of the Collector – Actions of the Collector in relying on an Inquiry Committee report to reject the notice were held to be illegal and contrary to the statute [Paras 23–27, 36].

Improper Delegation of Powers – Under Section 15 of the Act, 1961, powers conferred on the Collector cannot be delegated to any authority other than the Additional Collector as per statutory provisions – Constitution of an Inquiry Committee by the Collector and reliance on its report violated the statutory mandate [Paras 26, 33].

Improper Impleadment – No Fatal Defect – Failure to implead the Block Pramukh by name does not render the writ petition invalid when the concerned party has entered an appearance and has been heard – Improper impleadment is a curable defect and not fatal to the proceedings [Para 22].

Costs Imposed for Abdication of Statutory Responsibility – Actions of the Collector in abdicating statutory responsibilities and permitting the District Panchayat Raj Officer to pass an order contrary to the statute were deprecated – Costs of ₹50,000 imposed on the State, with liberty to recover the amount from the erring authority [Paras 37–38].

Relief Granted – Impugned orders rejecting the notice of no confidence motion and the underlying inquiry report quashed – Collector directed to personally verify the validity of the signatures and take appropriate action under Section 15 of the Act within 30 days [Paras 37–39].

Decision:  The writ petition is partly allowed.
The impugned orders dated 21/08/2024 (District Panchayat Raj Officer) and 12/11/2024 (District Magistrate/Collector) as well as the Inquiry Report dated 17/08/2024 are quashed.
Costs of ₹50,000 imposed on the State, recoverable from the concerned authority/Collector.
District Magistrate/Collector directed to conduct a fresh exercise of verifying the validity of signatures and convene a meeting of the Kshettra Panchayat within 30 days if the motion is found valid.
 

Civil Law - Injunction – Fraud Allegations – No Prima Facie Case by Respondent – Injunction Set Aside – Respondent claimed fraud in execution of supplementary LLP agreements and misuse of digital signatures to remove him as a designated partner – High Court held that the respondent failed to produce evidence to support allegations of fraud or misrepresentation – Respondent had acknowledged execution of resignation documents and consented to uploading changes with statutory authorities – Held: No prima facie case in favor of respondent, and Trial Court erred in granting temporary injunction – Appeal allowed, injunction order set aside, and application for temporary injunction dismissed [Paras 16-21].

Evidence – Resignation and Consent Letters – Admissions Support Appellants – Respondent’s resignation letter, consent to upload changes to the Ministry of Corporate Affairs (MCA), and subsequent communications confirmed the validity of transactions and changes in LLP partnership – High Court noted that respondent did not challenge the resignation letter and failed to substantiate claims of fraud – Held: Material on record supports the appellants’ case; no fraud established [Paras 17-20].

Balance of Convenience – Impact on Business Operations – Injunction Denied – High Court observed that restraining the appellants from alienating or dealing with the suit property would cause irreparable loss to the appellants and disrupt business operations – Balance of convenience found in favor of the appellants, not the respondent – Held: Injunction order unsustainable [Para 20].

Revisional Jurisdiction – Interference with Trial Court Order – Justified – High Court interfered with the Trial Court’s order as the findings on fraud and prima facie case were contrary to the material evidence – Held: Injunction order set aside, and application for temporary injunction dismissed [Paras 19-21].
 

Civil Law - Principles of Natural Justice – Deletion of Name from Revenue Records Without Notice – The respondent's father’s name was deleted from revenue records without issuing notice or providing an opportunity of hearing – Held: Such deletion violates the principles of natural justice and the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 – Affirmed by Division Bench [Paras 7-8].

Jurisdiction of Revenue Authorities – Restoring Status Quo Ante – The Learned Single Judge directed the restoration of the respondent’s father’s name in the revenue records with liberty for the appellant to approach the Tahsildar for a determination of rights – Held: This direction ensures compliance with statutory provisions and does not prejudice the appellant’s rights in the pending civil litigation [Paras 6, 9-10].

Pending Civil Litigation – Revenue Entries Not Decisive of Title – Revenue entries are not conclusive proof of title but only indicate possession – The appellant retains the right to establish title in the pending civil suit – Direction for determination by Tahsildar balances the rights of both parties [Para 9].

Procedural Compliance by Revenue Authorities – Opportunity to Both Sides – Affirming the Learned Single Judge’s order, the Division Bench directed the Tahsildar to determine the rightful entry in the revenue records within six weeks of receiving an application from the appellant – Opportunity of hearing to both parties mandated [Para 10].

Decision: The Writ Appeal is disposed of, affirming the judgment of the Learned Single Judge dated 28/11/2024 in W.P. No. 8564 of 2022. The 5th respondent-Tahsildar is directed to decide the rightful entry in the revenue records after due notice and opportunity of hearing to both parties within six weeks of receiving an application from the appellant.
 

Accident Claim - Motor Vehicles Act – Quantum of Compensation – Revision Ordered – Appellant-insurer contested the Tribunal's award of ₹8,43,000/- with 6% interest, claiming excessive compensation and contributory negligence – High Court revised the compensation to ₹7,21,000/- after recalculating the deceased's monthly income as ₹4,500/- (based on prevailing minimum wage), applying a multiplier of 14, and deducting 1/3rd towards personal expenses – Held: Compensation revised to ₹7,21,000/- with interest at 6% from the date of application [Paras 5-6].

Contributory Negligence – Pleading and Proof Required – Claim Rejected – Appellant-insurer argued for 50:50 liability based on alleged contributory negligence of the deceased's motorcycle, but failed to present evidence or plead such a case before the Tribunal – High Court observed that in the absence of any evidence, the insurer could not escape full liability to indemnify the owner of the offending vehicle – Held: Contributory negligence plea rejected, and liability fixed solely on the insurer [Paras 4-5].

Dependents’ Compensation – Computation Methodology – Reassessment of Income – Tribunal had computed the deceased's monthly income at ₹5,200/- (₹200/day for 26 working days), but High Court reduced it to ₹4,500/- based on the minimum wage rate – High Court further added 25% towards future prospects, deducted 1/3rd for personal expenses, and calculated annual dependency at ₹45,000/- – Compensation recalculated accordingly, with general damages revised under non-pecuniary heads to ₹91,000/- [Paras 5-6].

Statutory Deposit – Refund Condition – Modified Compensation – High Court directed the appellant-insurer to deposit the modified compensation of ₹7,21,000/- with 6% interest within 60 days and allowed refund of the statutory deposit upon proof of compliance – Held: Tribunal to disburse the amount proportionately among the claimants [Para 6].

Decision:

Appeal allowed in part. Compensation modified to ₹7,21,000/- with 6% simple interest from 02/04/2014. Insurer directed to deposit the amount within 60 days, and statutory deposit to be refunded upon compliance.

Criminal Law – Bail Application – Rejection – Petitioner charged under Sections 376(2)(n), 376(2)(f), 506 IPC read with Sections 66(E), 67, and 67-A of the IT Act – Allegations include sexual assault, blackmail using intimate photographs, and circulation of obscene material – Victim, a student of the accused, testified in support of the prosecution case – High Court declined to release the petitioner on bail considering the nature of allegations, the victim’s testimony, and the petitioner’s misuse of his position as a lecturer – Held: Nature and seriousness of offences warrant rejection of bail [Paras 5, 11-13].

Right to Speedy Trial – Period of Custody – Bail Rejected – Petitioner in custody since 23/07/2023 – Argument raised regarding infringement of the right to a speedy trial under Article 21 of the Constitution – Court observed that the petitioner’s custody is not excessive considering the punishment prescribed for the offences – Trial Court directed to complete the trial by June 2025 – Held: No violation of right to speedy trial at this stage; bail on this ground denied [Paras 14-17].

Trial Process – Examination of Victim’s Evidence – Scope of Review in Bail Applications – Petitioner argued inconsistencies in the victim’s evidence and claimed a consensual relationship – High Court held that a detailed examination of evidence at the stage of bail would interfere with the trial process – Held: Detailed evaluation of victim’s testimony is premature and unnecessary during bail proceedings [Paras 11-12].

Victim’s Vulnerability and Accused’s Position of Authority – Bail Denied – Petitioner was the victim’s lecturer and used his position of authority to exploit her – Court considered the age gap and power dynamic between the petitioner and the victim – Held: Allegations indicate a grave misuse of trust and authority, justifying the rejection of bail [Paras 5, 13].

Decision: The bail application was dismissed. The Court directed the Trial Court to endeavor to complete the trial by June 2025 and granted liberty to the petitioner to move a fresh bail application if the trial is not completed by that time.
 

Criminal Law – Conviction – Acquittal – Appellant convicted by the learned Trial Court for offences under Sections 506 and 377 of IPC and Section 6 of the POCSO Act – Sentence included ten years’ imprisonment under Section 6 of POCSO, two years under Section 506 IPC, and fines – High Court observed that the medical and scientific evidence failed to corroborate the victim's allegations of penetrative sexual assault – Prosecution relied on the victim's statement, unsupported by medical or forensic proof – Court held that absence of corroborative evidence rendered the conviction unsustainable – Judgment and sentence set aside – Appeal allowed – Appellant acquitted [Paras 7, 17-21, 23].

Evidence Law – Medical and Scientific Evidence – Corroboration of Testimony – Testimony of victim alleged sodomy – Medical evidence, including the clinical examination and FSL report, showed no signs of penetrative sexual assault – Expert admitted that no redness, bruising, or other injuries were found on the victim or the accused – Prosecution failed to establish offence under Section 377 IPC without corroboration – Held: In absence of medical or scientific evidence, conviction cannot be sustained [Paras 14-16, 18-21].

Criminal Procedure – Leading Questions by Prosecutor – Prosecutor asked leading questions to Medical Officer during examination – Court observed this violated principles of fair trial under Article 21 of the Constitution – Such elicited answers cannot form the basis of conviction – High Court relied on precedents disallowing undue influence on witness testimony through leading questions [Paras 15, 16].

Circumstantial Evidence – Statements under Section 164 Cr.P.C. – Victim’s statement under Section 164 Cr.P.C. relied upon by the learned Trial Court – High Court held that such statements are insufficient without corroboration by medical and scientific evidence – Testimonies of relatives, who were informed of the incident later, also found inadequate to sustain conviction [Paras 7, 22].

Decision – Appeal allowed – Conviction and sentence under Sections 506, 377 IPC, and Section 6 of POCSO Act set aside – Appellant directed to be released forthwith if not required in any other case – Fine amount to be refunded after expiry of limitation – Appellant to furnish a personal bond of ₹25,000/- with surety as per Section 437-A of Cr.P.C. [Paras 23-24].

Civil Law – Permanent Injunction – Maintainability of Suit – Grant of Land – Ownership in Question – Plaintiff's Suit Dismissed

Permanent Injunction – Suit Without Declaration – The plaintiff-Mutt sought an injunction to restrain the defendant-Mutt from interfering with its pooja and aradhana at the Brindavana of Sri Narahariteertharu, located on government land granted to the plaintiff-Mutt – Trial Court and First Appellate Court granted the injunction – High Court held that the plaintiff-Mutt's claim was clouded due to the cancellation of the land grant by the Government – Held: A bare injunction suit is not maintainable without seeking a declaration of ownership where title is disputed [Paras 24–32].

Possession of Land – Evidence and Admissions – PW1 admitted in cross-examination that the Government resumed possession of the land after cancelling the grant in 1996 – No evidence presented to establish reacquisition of possession by the plaintiff-Mutt – Courts below erred in ignoring the admission and granting relief to the plaintiff-Mutt [Paras 26–29].

Land Grant – Pending Proceedings – Deputy Commissioner set aside the Tahsildar’s cancellation of the grant, but the matter remains sub judice in writ proceedings before the High Court – High Court held that title over the land was not conclusively proved, rendering the suit for injunction unsustainable [Paras 25, 30].

High Court Jurisdiction – Section 100 CPC – Perversity in Findings – Despite concurrent findings by lower courts, High Court interfered due to misappreciation of evidence and the omission to consider the necessity of declaratory relief – A substantial question of law arose regarding the maintainability of a bare injunction suit without declaration when ownership was in dispute [Paras 21–24].

Decision: The appeal is allowed. Judgments and decrees dated 05/08/2006 (Regular Appeal No. 11 of 2003) and 16/01/2003 (Original Suit No. 15 of 1998) are set aside. The original suit filed by the respondent/plaintiff-Mutt is dismissed.
 

Virginity Test – Declared Unconstitutional – Right to Dignity under Article 21 Violated – Request for Virginity Test Rejected – The applicant sought virginity test of the wife alleging her illicit relationship and refusal to cohabit, while the wife alleged impotence – Held: Virginity test is unconstitutional, violates Article 21 guaranteeing right to dignity and personal liberty of women – No woman can be compelled to undergo such a test [Paras 6-

9].

Right to Personal Liberty – Includes Right to Dignity and Decency – Test Violates Fundamental Rights – The Court held that compelling a woman to undergo virginity test infringes Article 21 – Right to live with dignity and decency is non-derogable – Husband may prove his defence through permissible medical examination on himself, but not by compromising wife’s dignity [Paras 9-11].

Two-Finger Test – Prohibited Practice – Applicability Extended – Supreme Court in State of Jharkhand v. Shailendra Kumar Rai (2022) 14 SCC 299 and Delhi High Court in Sr. Sephy v. CBI, 2023 held that tests like virginity tests and two-finger tests are unconstitutional – Reliance placed on these precedents to deny relief [Paras 6-8].

Adjudication on Merits – Allegations Subject to Evidence – Trial Court’s Order Upheld – The allegations made by both parties regarding impotency and infidelity are to be adjudicated based on evidence in the pending proceedings – No illegality or perversity found in rejection of the application for virginity test [Paras 11-12].

Decision – Criminal Revision Dismissed – No Ground to Interfere with Trial Court’s Order – Court found no merit in the revision and upheld the trial court’s rejection of the request for virginity test [Para 13].

Civil Law - Execution of Will - Validity - Compliance with Sections 63 of the Indian Succession Act and 68 of the Evidence Act - Attestation duly proved - Whether discrepancies in dates and overwriting vitiate the Will - Held: No - Overwriting in date rectified by the scribe’s signature - Misdescription of date on one page immaterial when consistent with the rest of the Will - Will execution upheld [Paras 12-19, 29].

Mental Capacity of Testatrix - Advanced Age Not Conclusive of Incapacity - Testatrix aged 87 - Sound mental and physical capacity corroborated by executor and attesting witnesses - Validity of the Will affirmed in absence of contrary evidence - Presumption in favor of notarized documents applied [Paras 26-27].

Role of Executor and Scribe - Executor Not Mandated to Confirm Signing in Presence of Witnesses - Compliance limited to attesting witnesses proving execution - Executor’s corroboration suffices when combined with attestation [Paras 24-25].

Signatures at Multiple Locations - Additional Signatures Strengthen Validity - Testatrix’s signature on every page and at the bottom affirms intention to execute the Will - Adherence to Section 63(b) of the Indian Succession Act established [Paras 21-22].

Discrepancy in Bengali and English Year - Error in Trial Court’s Interpretation - Bengali Year 1409 corresponds to English Year 2003, not 2002 - Will executed on January 16, 2003, validated by evidence and corroboration [Para 20].

Decision - Appeal Allowed - Trial Court’s findings deemed perverse and based on extraneous considerations - Will execution upheld - Probate granted to the appellant [Paras 30-32].