Civil Law – Challenge Ex-Parte Order - Service of Summons – Valid Service Through Adult Family Member – Order V Rule 15 CPC – The defendant challenged the service of summons, arguing that notice was served on his wife and not personally on him – The Court held that service of summons on an adult family member is valid when the defendant is unavailable and there is no likelihood of his presence within a reasonable time – Held: Summons served on the wife of the defendant is valid and in compliance with Order V Rule 15 of CPC [Paras 6.6-6.8].

Delay in Seeking Recall of Ex-Parte Order – 16 Years Unexplained – The petitioner sought to reopen the right to file a written statement after 16 years – The Court found no sufficient cause to condone the delay, emphasizing that a party cannot remain negligent and then seek to reopen proceedings at the stage of final judgment – Held: Application rightly rejected by the Trial Court due to the inordinate and unjustified delay [Paras 6.5, 6.15].

Failure to Disclose Date of Knowledge – Conduct of Petitioner Not Bonafide – The petitioner failed to disclose the exact date when he allegedly came to know about the pending suit, raising doubts about his bonafide intentions – The Court noted that the petitioner’s own suit was pending before the same court, making it improbable that he was unaware of the proceedings – Held: Petitioner’s claim of ignorance is untenable and lacks bona fides [Paras 6.14-6.16].

Decision: The High Court dismissed the petition, holding that the petitioner was validly served, remained negligent for 16 years, and failed to disclose material facts. No interference under Article 227 was warranted as there was no jurisdictional error in the Trial Court’s decision.
 

Criminal Law – Repetitive Complaints by Informant – Pattern of False Allegations – CBI Inquiry Ordered - The petitioners sought quashing of an FIR lodged by the informant, Pooja Rawat, under various provisions of the Bharatiya Nyaya Sanhita, 2023, and the Information Technology Act, 2008 – The petitioners argued that the informant had previously filed 11 similar complaints against various persons, all represented by the same counsel – Held: Given the pattern of repeated complaints, the Court directed the CBI to conduct an inquiry and submit a report by 10.04.2025 [Paras 3-6].

Abuse of Process – False FIRs for Extortion – Protection from Arrest Granted - The Court observed that the repeated filing of FIRs suggested a possible misuse of the legal process for personal gain – Directed that the petitioners shall not be arrested unless sufficient and credible evidence is found against them – Held: Until further orders, no coercive action shall be taken against the petitioners [Paras 6, 10].

Investigative Procedure – Role of Central Bureau of Investigation (CBI) – Judicial Oversight - Noting the seriousness of the issue, the Court found it appropriate to entrust the matter to the CBI – Held: The Senior Registrar of the Court shall forward a copy of the order to the CBI Head of Branch at Lucknow for compliance, and the report shall be submitted by 10.04.2025 [Paras 6-9].

Civil Writ - Expunging Remarks – Scope of Judicial Commentary – Trial Court Observations Against Non-Party Officer – Not Interfered With - The petitioner, a police officer, sought expunging of remarks made against him by the Trial Court despite not being an accused or witness – The Trial Court had only directed the Superintendent of Police to conduct an inquiry based on the petitioner’s alleged role with the prosecutrix in the false implication of accused persons – Held: No adjudication was made against the petitioner; the direction for inquiry did not violate principles of natural justice as he will be granted full opportunity at the inquiry stage – Petition dismissed [Paras 3, 7-12].

High Court Rules – Rule 6 of Chapter 1, Part H – Criticism of Officers – Limited Applicability – Not Attracted - Petitioner’s reliance on Rule 6 misplaced – Rule applies to adverse remarks against officers involved in investigation or trial – Trial Court merely observed that petitioner’s role should be examined based on material emerging during the trial – Rule does not prevent judicial directions for administrative inquiry based on prima facie evidence [Para 9].

Natural Justice – Opportunity of Hearing – Not Absolute – Direction for Inquiry Not Equivalent to Punitive Order - Though generally required, opportunity of hearing may be dispensed with depending on facts – Citing Union of India v. Tulsiram Patel, the Court held that in certain situations, immediate directions can be issued without a prior hearing if no adverse civil consequence directly results – Since the direction is only for an administrative inquiry, natural justice is not violated [Para 10].

Final Decision – Petition Dismissed – Court Refuses to Expunge Remarks - The High Court held that the Trial Court’s observations were not unjustified or final in nature – The matter deserves examination by appropriate police authorities, and the petitioner will have an opportunity to defend himself during inquiry – Hence, the writ petition lacked merit and was dismissed [Paras 11-12].

Constitutional Validity of Section 13 – Right to Legal Representation – Family Courts Act – Upheld

The petitioner challenged Section 13 of the Family Courts Act, 1984, arguing that it violates the fundamental right of legal practitioners under the Advocates Act, 1961, and restricts litigants' ability to be represented by lawyers in Family Courts – The Court held that Section 13 does not impose an absolute bar on legal representation but allows engagement of lawyers with permission from the court – Judicial discipline requires following the precedent set by the Bombay, Rajasthan, and Allahabad High Courts, which have upheld the provision – The Supreme Court, in Paradip Port Trust v. Their Workmen and Thyssen Krupp Industries v. Suresh Maruti Chougule, reaffirmed that there is no fundamental right to legal representation in all cases except under Article 22(1) of the Constitution – Held: Section 13 is constitutionally valid as it ensures an expeditious and informal resolution of family disputes [Paras 3-11].

Classification of Litigants – No Discrimination – Reasonable Restriction

The petitioner contended that Section 13 is discriminatory as litigants outside Family Court jurisdiction can engage lawyers while those within its jurisdiction cannot – The Court rejected this argument, stating that classification under the Family Courts Act is reasonable and serves the objective of promoting conciliation and speedy resolution of disputes – Further, Section 13 does not create an absolute prohibition but permits representation where necessary – Held: No violation of equality under Article 14 of the Constitution [Paras 5-7].

Judicial Precedents – Family Courts Act – Supreme Court and High Court Decisions Followed

The Court relied on judgments from the Bombay, Rajasthan, and Allahabad High Courts, which upheld the validity of Section 13 – It also cited the Supreme Court ruling in Thyssen Krupp Industries that reaffirmed the principle that legal representation in certain forums can be restricted in the interest of justice – Held: Section 13 of the Family Courts Act remains valid and enforceable [Paras 4-9].

Decision:

The writ petition is dismissed, affirming the constitutional validity of Section 13 of the Family Courts Act, 1984. No costs imposed.

Income Tax Law - Bogus Purchases – Determination of Profit Rate – Section 69C of Income Tax Act – The Revenue challenged the Tribunal's decision to restrict disallowance to 12.5% of alleged bogus purchases instead of confirming the full disallowance – The Tribunal relied on past precedents allowing only a portion of the purchases to be disallowed – Held: If an assessee fails to prove the genuineness of purchases, full disallowance should be made under Section 69C—Tribunal erred in restricting disallowance—Full disallowance for purchases from M/s Neptune Trading Co. and Hari Om Traders reinstated [Paras 24-27].

Burden of Proof – Assessee’s Failure to Substantiate Purchases – The assessee failed to furnish bank statements of M/s Neptune Trading Co. and Hari Om Traders—Held: Non-furnishing of bank statements and absence of withdrawal details prevent verification—Tribunal’s findings set aside for these transactions—Disallowance confirmed in full [Paras 17-19].

Genuine vs. Non-Genuine Transactions – Revenue’s Independent Verification – For other suppliers, the Revenue independently verified bank statements and found no cash withdrawals—Held: In absence of evidence to the contrary, purchases from these suppliers considered genuine—No disallowance warranted for these transactions [Paras 14-16].

Precedents – Tribunal’s Reliance on Profit Rate Estimation – Revenue contended that Tribunal ignored binding precedents requiring full disallowance of unverified purchases—Held: Approach of estimating profit percentage contradicts settled law in N.K. Proteins Ltd. vs. DCIT—Full addition must be made where purchases remain unproven [Paras 20-23].

Final Decision – Revenue’s appeal partly allowed – Tribunal’s decision upheld for genuine purchases, but reversed for transactions with M/s Neptune Trading Co. and Hari Om Traders—Full disallowance of Rs. 1,00,10,773 confirmed [Paras 27-28].

Civil Law - Execution Proceedings – Power of Execution Court – Whether It Can Modify the Decree – Petitioners obtained a decree for possession of land marked with letters ‘E’, ‘F’, ‘G’ & ‘H’ in site plan Ex. PW-4/9—Respondents raised objections regarding measurement, claiming possession of 400 sq. yards instead of 305 sq. yards—The executing court modified the decree by directing proportional apportionment of land—Held: An execution court cannot travel beyond the decree or modify it—Decree must be executed as per site plan boundaries—Impugned order modifying the decree set aside [Paras 6-12].

Res Judicata – Objections on Measurement Previously Decided – Whether Respondents Could Raise It Again – Respondents’ objections on measurement were already dismissed in trial court’s order dated 23.10.2018—Held: Raising the same objections again in execution proceedings constitutes an abuse of process—Once measurement was determined in trial, it cannot be re-agitated—Execution court erred in reconsidering the same issue [Paras 8-9].

Order 7 Rule 3 CPC – Identification of Property in Suit – Sufficiency of Site Plan – Petitioners described property in suit with boundaries ‘E’, ‘F’, ‘G’ & ‘H’ as shown in red in site plan Ex. PW-4/9—Respondents neither submitted an alternative site plan nor rebutted this identification—Held: Site plan forming part of decree sufficiently identifies the property—Executing court cannot re-measure or apportion land based on subsequent claims [Paras 10-11].

Final Decision – Writ petition allowed – Impugned order dated 25.04.2019 set aside—Executing court directed to enforce possession strictly in terms of site plan Ex. PW-4/9—No orders as to costs [Paras 12-13].

Civil Law - Land Allotment for Renewable Energy Project – Challenge to Legality – Petitioner was allotted land by the State Government for establishing a solar power project – Private respondents challenged the allotment before the revenue courts – Assistant Collector refused interim relief to respondents – However, Revenue Appellate Authority granted ad-interim injunction in their favor – Board of Revenue dismissed petitioner’s revision against the injunction order – Supreme Court affirmed the rejection of the revision petition, holding that such petitions are not maintainable against interim orders [Paras 2-4].

Maintainability of Revision under Section 230 of Rajasthan Tenancy Act – Scope and Limitations – Court ruled that a revision petition under Section 230 is maintainable only against a “decided case” – Ad-interim injunctions do not constitute a final decision and thus do not qualify for revision – Held: Revision jurisdiction can only be exercised when a revenue court has committed jurisdictional errors or acted with material irregularity – Mere disagreement with an interim order does not warrant revision [Paras 8-10, 12-13].

Ex-Parte Interim Orders – No Right to Revision – Petitioner contended that the ad-interim injunction order was granted ex-parte without hearing them – Court held that an interim order is temporary and subject to modification once both parties are heard – Revision under Section 230 cannot be used as a substitute for an appeal or for contesting interlocutory orders – Proper remedy is to challenge the injunction before the same forum that granted it [Paras 11-14].

Judicial Precedents on Revisional Jurisdiction – The Court relied on the decision of the Full Bench of the Rajasthan Board of Revenue in Jagdish Prasad v. Bhopal Ram & Ors., Revision/LR/9867/2012, which held that revision petitions against interim orders are not maintainable – Further referred to Supreme Court rulings stating that revisional jurisdiction is narrower than appellate jurisdiction and cannot be used to correct mere factual or legal errors [Paras 14-15].

Final Decision – Writ petition dismissed – Rajasthan High Court upheld the Board of Revenue’s decision that revision against an ad-interim order is not maintainable – Directed the Revenue Appellate Authority to decide the pending stay application within four weeks to ensure timely adjudication of the dispute [Paras 16-17].
 

Criminal Law - Default Bail – Stringent Conditions – Violation of Fundamental Rights – Petitioner was granted default bail under Section 167(2) CrPC due to the prosecution’s failure to file a charge sheet within 60 days – However, bail conditions included an excessive surety bond of ₹1.10 crore and a bank guarantee of ₹55 lakh – Petitioner challenged these conditions as violative of his fundamental rights under Article 21 – Held: Imposing stringent financial conditions on default bail is impermissible and renders bail illusory – Bail conditions modified to ₹50,000 with one surety in the like amount [Paras 6-8, 22-23].

Delay in Trial – Violation of Right to Liberty – Petitioner remained in custody for over 4 years despite a maximum punishment of 5 years under Section 132 of the CGST Act – Charges had not been framed, and the trial had not commenced – Held: Prolonged incarceration without trial amounts to a gross violation of the right to a speedy trial – Courts must ensure that undertrial prisoners are not indefinitely detained due to procedural delays [Paras 6, 9].

Application of Section 479 BNSS – Retrospective Effect – Court noted that Section 479 of BNSS, which provides for the release of undertrial prisoners who have served a certain proportion of their maximum sentence, applies retrospectively – Supreme Court in In Re Inhuman Conditions in 1382 Prisons directed immediate implementation of this provision – Held: Petitioner had already undergone more than one-third of his maximum sentence and was entitled to release under Section 479 BNSS [Paras 10-11].

Judicial Precedents on Bail Conditions – Reference to Moti Ram v. State of M.P. and Hussainara Khatoon v. State of Bihar – Court reiterated that bail conditions must be reasonable and cannot be used to impose financial constraints that effectively result in continued detention – Held: Courts must ensure that monetary conditions do not create a class divide in access to bail [Paras 12-16].

Failure of District Legal Services Authority (DLSA) – Non-Compliance with Bail Reforms – Supreme Court in In Re Policy Strategy for Grant of Bail directed DLSAs to assist undertrial prisoners unable to fulfill bail conditions – Court found that DLSA failed to take any steps to secure the petitioner’s release – Ordered matter to be placed before the Chief Justice for appropriate action to ensure compliance with Supreme Court directives [Paras 7-8, 25].

Final Decision – Petition allowed – Bail conditions modified – Petitioner released on bail upon furnishing a bond of ₹50,000 with one surety in the like amount – Family Court directed to expedite the trial – Matter referred to Chief Justice to ensure compliance with bail-related Supreme Court directions [Paras 23-25].
 

Civil Law - Unregistered Sale Deed – Admissibility under Section 90 Evidence Act – Document Not Proven – Sale Deed Disregarded – Respondents relied on a 1975 unregistered sale deed as basis of title – Lower Appellate Court wrongly presumed genuineness due to age – Held: Document was not 30 years old at time of marking; Section 90 presumption inapplicable – No attesting witness examined; contradictions in witness statements – Document treated as inadmissible [Paras 15–25].

Adverse Possession – No Specific Pleading or Proof – Plea Rejected – Respondents failed to plead or prove date from which possession became adverse – Revenue entries insufficient to prove continuous hostile possession – Trial court correctly rejected claim of adverse possession – Lower Appellate Court erred in accepting vague and contradictory oral evidence [Paras 31–34, 37–38].

Contradictory Defences – Title and Adverse Possession Cannot Co-Exist – Respondents simultaneously relied on sale and adverse possession – Held: These are legally inconsistent – One claiming under sale acknowledges title; adverse possession requires denial of same – Both pleas cannot be sustained together [Paras 32, 39].

Third Party Affidavit – Unmarked and Disputed – Not Admissible – Lower Appellate Court wrongly relied on affidavit allegedly filed in another suit by plaintiff’s father – Affidavit was not proved or marked – Court held: Reliance without marking and cross-examination violates CPC and principles of fair trial [Paras 27–30].

Revenue Records – Mutation Does Not Confer Title – Well-Settled Law – Respondents relied on revenue entries post-1999 – Court reaffirmed that revenue records are for fiscal purposes only and do not confer ownership rights [Paras 40].

Decision: Second Appeal allowed – Judgment and decree of lower appellate court set aside – Judgment of trial court dated 27.01.2004 restored – Suit decreed in favour of plaintiffs for declaration and recovery of possession – No costs [Para 42].