Criminal Law - Murder for Gain – Robbery and Killing of Employer – Conviction Under Sections 396 and 302 IPC – The appellants were former employees of the deceased’s plywood business—Due to past conflicts, they planned and executed a robbery at his residence, resulting in his murder – Trial Court relied on eyewitness testimony, forensic findings, CCTV footage, and recovery of stolen property – Held: Prosecution successfully established the chain of events, proving that accused trespassed, restrained the victims, stabbed the deceased, and looted valuables – Conviction under Sections 396 and 302 IPC upheld [Paras 9-12].

Eyewitness Testimony – Natural Witnesses – Reliability and Corroboration – The deceased’s wife and daughter (PW21 and PW22) testified as eyewitnesses—Identified accused as assailants and described crime in detail – Defense challenged their credibility, arguing lack of prior acquaintance with accused – Held: Close relatives are natural witnesses—No reason to falsely implicate accused—Their testimony was consistent, detailed, and supported by medical and forensic evidence – Supreme Court precedents confirm that mere relation to victim does not disqualify witness [Paras 28-30].

CCTV Footage and Test Identification Parade – Admissibility and Evidentiary Value – CCTV visuals from a neighbor’s house and a hotel showed accused near crime scene—PW21 and PW22 identified accused in a Test Identification Parade (TIP) – Defense contended that showing CCTV footage before TIP vitiated the process – Held: Pre-exposure to accused’s images renders TIP unreliable—However, in-court identification remains valid since witnesses had ample opportunity to observe accused during the crime [Paras 32-34].

Recovery of Stolen Property – Section 27 of Evidence Act – Whether Admissible – Gold ornaments and weapons were recovered based on confession statements by accused—However, seizure records were in Malayalam, while accused spoke only Hindi and Odia – Held: Recovery cannot be treated as valid under Section 27 if accused’s statement is not recorded in their language—However, possession of stolen property is relevant under Section 8 of the Evidence Act—Failure of accused to explain possession strengthens prosecution case [Paras 36-39].

Right to Fair Trial – Language Barrier and 313 CrPC Examination – Accused claimed they did not understand Malayalam, affecting their defense—Trial Court recorded charges and statements in Hindi and ensured translation – Held: No prejudice shown by accused—They had legal representation and never raised objection during trial—No violation of fair trial rights found [Paras 41-42].

Decision: Appeal dismissed – Conviction under Sections 449, 324, 461, 396, and 302 IPC upheld—Sentence of life imprisonment and fines confirmed—Test Identification Parade disregarded due to procedural irregularities, but eyewitness testimony and recovery of stolen property sufficient for conviction—Court directs improved procedural safeguards for recording confessions in accused’s language [Paras 44-45].

Criminal Law - Contempt of Court – Alleged Non-Compliance with Court Orders – Evaluation of Demolished Structures – Petitioners sought contempt action for non-implementation of a High Court order directing engagement of a private structural engineer to assess compensation for demolished houses – Single Judge held that the failure to pay compensation constituted willful disobedience and sentenced the appellants to six months simple imprisonment with a fine of Rs. 2000/- each – Held: Non-compliance must be deliberate and willful to attract contempt – Since structures no longer existed and records were unavailable, the inability to conduct evaluation did not amount to willful disobedience – Conviction set aside [Paras 14-17].

Burden of Proof in Contempt Proceedings – Strict Standard Required – Contempt jurisdiction is quasi-criminal in nature, requiring clear evidence of willful disobedience – Held: The burden of proof lies on the petitioner to establish that the appellants had deliberately refused to comply despite having the means to do so – Absence of evidence proving intentional defiance warranted setting aside contempt conviction [Paras 13-15].

Administrative Challenges – Non-Availability of Records – Whether a Valid Excuse – The appellants argued that evaluation could not be conducted as structures were already demolished, and records were missing from the Revenue Divisional Officer’s office – Private consultant’s report confirmed that assessment was impossible due to lack of physical evidence – Held: Inability to comply due to missing records and demolition is a valid defense – Authorities cannot be punished for failing to perform an impossible task [Paras 16-17].

Decision: Contempt appeals allowed – Order of Single Judge dated 21.04.2022 in C.C. No. 633 of 2020 set aside – Conviction for contempt quashed – No costs imposed – Authorities directed to document and improve record-keeping to prevent future disputes [Paras 17-18].
 

Criminal Revision - Obstruction of Public Servant – Whether Conviction Under Section 186 IPC Sustainable – The petitioners were convicted for obstructing a traffic constable while he was clearing a traffic jam—Held: Prosecution failed to prove that the complainant was discharging official duties at the time—Absence of duty roster and police records weakens the case—Conviction set aside [Paras 18-21].

Assault on Public Servant – Whether Prosecution Proved Essential Ingredients – Petitioners were convicted for assaulting and injuring a traffic constable—Held: No independent witnesses were examined despite the incident occurring in a crowded area—Medical evidence did not corroborate the injuries alleged—Failure to establish guilt beyond reasonable doubt—Conviction under Sections 332 and 353 IPC set aside [Paras 22-26].

Criminal Intimidation – Conviction Under Section 506 IPC – Whether Justified – The Trial Court convicted petitioners for threatening the constable—Held: No evidence of intimidation or fear caused—No detailed reasoning provided in lower court judgments—Conviction under Section 506 IPC unsustainable [Paras 27-28].

Independent Witnesses – Importance in Prosecution Case – The prosecution failed to examine even a single public witness despite the incident occurring in a busy market—Held: Sole reliance on police witnesses raises doubts about the fairness of the trial—Conviction set aside [Paras 28-30].

Final Decision – Criminal revision petition allowed—Conviction and sentence set aside—Petitioners acquitted of all charges—Ordered to be released immediately if not required in any other case [Paras 31-33].

Civil Law - Partition Suit – Classification of Land as Tank – Whether Partible – Plot No. 388 was originally recorded as a Jalasaya (waterbody) in revenue records—Appellant argued that tanks are not partible under law unless converted into general land—Trial court rejected this claim, holding that the plot lost its waterbody character and could be partitioned – Held: If a tank has been filled up and used for commercial or residential purposes, it ceases to be a waterbody and becomes partible – Revenue records do not override factual evidence of land use – Appeal dismissed [Paras 5-7].

Doctrine of Appropriation and Reprobation – Cannot Change Stand Midway – Appellant had earlier claimed ownership of the plot by stating that her husband developed it into commercial and residential units—Later, she contended that the land remains a Jalasaya and is therefore not partible—Held: A party cannot approbate and reprobate by taking contradictory stands in the same proceedings—Once she asserted ownership based on development, she is estopped from denying partition [Paras 6-8].

Remand of Final Decree – Justification Under Order XLIII Rule 1(u) CPC – The appellate court remanded the final decree proceedings to depute a Salaried Amin Commissioner for fresh partition considering updated revenue maps—Appellant challenged the remand, arguing that the preliminary decree was already affirmed in second appeal—Held: Once a preliminary decree is confirmed, it cannot be reopened at the final decree stage—However, the court can remand for procedural corrections without altering the substantive rights – No interference warranted [Paras 9-10].

Decision: Second appeal dismissed – Final decree remanded for technical re-evaluation by the Salaried Amin Commissioner—Partition of Plot No. 388 upheld—Appellant estopped from claiming it remains a waterbody—No costs imposed [Paras 11-12].
 

Civil Law - Employees’ Provident Fund – Exemption Cancellation – Impact on Sick Industrial Companies – Petitioner’s EPF exemption was revoked in 2002, and demand notices were issued for outstanding contributions – Petitioner, declared a sick industrial company in 1995, contended that attachment proceedings violated its statutory protection – Held: Cancellation of EPF exemption does not automatically grant immunity from contribution obligations – Compliance with EPF Act remains mandatory unless specifically exempted under a rehabilitation scheme – No procedural irregularity in cancellation of exemption [Paras 2-4].

Natural Justice – No Separate Hearing Under Section 7Q – Whether Composite Proceedings Satisfy Due Process – Petitioner argued that interest under Section 7Q was imposed without a separate hearing – Held: Hearing under Section 7A inherently includes determination of interest under Section 7Q – EPF authorities not required to hold an independent hearing for imposing interest if assessed as part of the Section 7A proceedings – Supreme Court precedent in Arcot Textile Mills Ltd. v. RPFC upheld – No violation of principles of natural justice found [Paras 16-17].

Procedural Compliance – Mode of Notice and Attachment – Whether Delay in Response Affects Legality – Petitioner failed to appear for the Section 7A hearing due to personal reasons but was still subjected to attachment proceedings – Held: Failure to appear after adequate notice does not invalidate the proceedings – Authorities complied with statutory notice requirements – Writ petition cannot be used as a shield against non-compliance with statutory obligations [Paras 8-9].

Decision: Writ petition dismissed – Orders dated 16.08.2005, 12.09.2005, and 16.09.2005 upheld – No independent hearing required under Section 7Q if included in Section 7A proceedings – Petitioner directed to comply with EPF dues and interest payment – No interference warranted in attachment proceedings [Paras 18-21].

Civil Law - Contract Interpretation – Success-Based Fee – Bank’s Discretion to Choose Fee Option Upheld – The dispute arose over whether the plaintiff was entitled to a success-based fee at 0.50% (Option ‘a’) or 0.0749% (Option ‘b’) for financial advisory services in the sale of NPAs – The plaintiff claimed the bank was obligated to pay at the higher rate for 100% cash transactions – Held: The mandate letter explicitly granted the bank discretion to choose between the two fee structures based on the nature of the NPA sale – Plaintiff’s interpretation rejected—Suit dismissed [Paras 24-27, 43].

Commercial Contracts – Business Efficacy Test – No Basis to Override Express Contract Terms – Plaintiff argued for a higher fee citing greater efforts required for 100% cash transactions – Court applied the business efficacy test but found no contractual provision supporting this claim – Held: The bank’s discretion to select a fee structure, as explicitly mentioned in the contract, must be honored—Doctrine of business efficacy cannot override clear contractual terms [Paras 28-30, 42].

Admissions in Pleadings – Effect – Plaintiff Bound by Its Prior Conduct – Plaintiff initially accepted the lower fee (0.0749%) for past transactions and later claimed entitlement to the higher rate (0.50%) – The court held that admissions in pleadings have a higher evidentiary value and are binding unless successfully rebutted – Held: Plaintiff’s acceptance of lower payments in previous instances negated its claim for higher fees—Suit dismissed [Paras 31-33, 44].

Decision – Suit Dismissed – No Additional Amount Payable by Defendant – The court ruled in favor of the bank, affirming that it had discretion in applying the appropriate fee structure – No additional amount was found payable to the plaintiff – Held: Suit dismissed with no relief granted—Plaintiff liable to bear its own costs [Para 45].

Civil Writ - Service Law - Payment of Gratuity – Interest on Delayed Payment – Section 7(3-A) of Gratuity Act – Gratuity was withheld due to pending audit objections and disciplinary proceedings against the deceased employee – The amount was later disbursed, but the petitioners (legal heirs) sought interest for the delay – Held: Interest is not payable if the delay is caused by the employee's fault and employer has obtained necessary approval – As audit objections justified withholding gratuity, no interest can be claimed – Writ petition dismissed [Paras 3-5].

Audit Objections and Withholding of Gratuity – Whether Justified – Employer contended that the deceased employee had outstanding dues of Rs. 25,54,329, and gratuity was withheld until reconciliation – Held: Employer acted within its rights in adjusting outstanding dues before releasing gratuity – However, disputed amounts beyond the settled dues must be adjudicated separately – No violation of Gratuity Act found [Paras 4-5].

Jurisdiction of Writ Court – Disputed Questions of Fact – The employer asserted that Rs. 77,977 was still due from the deceased employee – Petitioners contested the claim – Held: Writ jurisdiction cannot decide disputed facts related to financial liabilities – Petitioners must seek remedy through a competent forum – Writ petition not maintainable for such claims [Para 5].

Decision: Writ petition dismissed – No entitlement to interest under Section 7(3-A) of the Payment of Gratuity Act – Delay in payment justified due to pending audit objections – Petitioners may seek remedies for disputed dues in an appropriate forum – No costs imposed [Paras 6-7].

Company Law – Director’s Liability for Corporate Debt – Loan Given to Company – No Personal Guarantee – The appellant extended a loan to respondent no.1 (company) but sought recovery from its directors personally – Trial court decreed the claim only against the company and dismissed it against the directors – Held: A company is a separate legal entity, and its directors are not personally liable for corporate debts unless a personal guarantee or indemnity is given – No evidence of misrepresentation or inducement by the directors – No personal liability can be imposed on directors merely because they requested the loan [Paras 6-7].

Corporate Veil – No Grounds to Lift – No Fraud or Malfeasance Alleged – The appellant contended that the corporate veil should be lifted to hold the directors personally liable – Held: Lifting the corporate veil requires proof of fraud, misrepresentation, or misuse of corporate structure – No such allegations were made in the pleadings – Mere friendship with directors does not create personal liability – Appeal dismissed [Paras 8-9].

Doctrine of Agency – Directors Not Personally Liable – Application of Section 230 of the Contract Act – The appellant argued that since the directors controlled the company’s affairs, they should be liable – Held: Under Section 230 of the Indian Contract Act, 1872, an agent is not personally liable unless expressly agreeing to be bound – No personal guarantee or indemnity was executed – Loan was granted to the company, not the directors in their personal capacity – No case for agency liability made out [Paras 6-7].

Decision: Appeal dismissed – Trial court’s judgment upheld – Directors not personally liable for repayment – No personal guarantee or misrepresentation proven – No case for lifting the corporate veil – Company alone liable for repayment of the loan [Paras 10-11].
 

Bail – Anticipatory Bail in Forest Offenses – Applicability of Bharatiya Nagarik Suraksha Sanhita, 2023 – The petitioner, accused of involvement in illegal felling of sandalwood trees, sought anticipatory bail – The prosecution argued that custodial interrogation was essential for recovery and further investigation – Held: Bail is the rule, and jail is the exception unless specific grounds necessitate pre-trial custody – No prima facie evidence of active involvement beyond a confession statement of a co-accused – Bail granted with conditions [Paras 6-8].

Custodial Interrogation – Necessity and Alternative Measures – The investigating officer contended that custodial interrogation was necessary for recovery of stolen wood – Petitioner countered that he had already appeared for questioning three times and was being pressured for a confession – Held: Custodial interrogation is not a precondition for effective investigation—Police may conduct recoveries while the accused is on bail, as per the ruling in Sushila Aggarwal v. State (NCT of Delhi) [Paras 7-9].

Principle of Bail as the Rule – Constitutional Mandate – The court reaffirmed the principle that bail should be granted unless there is a likelihood of absconding or tampering with evidence – Cited P. Chidambaram v. Directorate of Enforcement and Siddharth v. State of U.P., emphasizing that arrest should not be mechanical and should serve a valid investigative purpose – Petitioner directed to cooperate with investigation and appear before the police when required [Paras 10-11].

Decision: Bail application allowed – Petitioner directed to appear before the Investigating Officer within two weeks – If arrest is recorded, he shall be released on bail upon executing a bond of Rs. 50,000 with two solvent sureties – Conditions imposed, including restrictions on travel, non-interference with witnesses, and mandatory cooperation with the investigation – Failure to comply will result in cancellation of bail [Paras 12-14].