Civil Procedure – Eviction of Tenant – Bona Fide Need – Landlord sought eviction of tenant based on personal necessity – Tenant contested need and claimed sufficient accommodation existed – Appellate Authority reversed Rent Controller’s decision, upheld bona fide requirement – Long duration of proceedings, landlord’s death, and transfer of rights to legal heirs did not negate original need – Tenant cannot dictate landlord’s requirement [Paras 27-39].

Customary Law – Right of Pre-emption – Tenant’s Claim – Plaintiff sought to pre-empt sale based on alleged tenancy and custom of pre-emption in Narnaul – Trial and appellate courts found no custom proved – Concurrent findings dismissed claim – State notification abolished pre-emption rights post-filing suit – Tenant’s claims of continuous custom unsupported by substantial evidence [Paras 7-25].

Limitation – Cross Objections – Significant Delay – Defendant’s cross objections filed after over 30 years – Plea for condonation of delay dismissed – Original trial court and first appellate court decisions on transaction nature and market value upheld without fresh evidence [Paras 11-14].

Decision – Appeals and Cross Objections Dismissed – Both RSA No. 3244 of 1987 and RSA No. 953 of 1988 dismissed – CM No. 7671-C of 2019 and XOBJS No. 15 of 2019 dismissed for limitation – Eviction ordered on grounds of bona fide necessity upheld – Plaintiff’s pre-emption claims and tenancy status rejected [Para 39].

Rape and Criminal Intimidation – Conviction of Grandson for Raping Grandmother – Appellant challenged conviction for rape and criminal intimidation – Prosecution provided consistent evidence from the victim and corroboration from her daughter and neighbors – Appellant’s history of substance abuse considered – Delay in filing FIR deemed justified due to familial relationships and threats – Conviction and sentence upheld [Paras 1-10].

Victim Testimony – Reliability and Corroboration – Court upheld victim’s testimony despite delay in reporting and absence of immediate medical evidence – Family dynamics and threats explained delay – Victim’s statement supported by daughter’s corroboration and neighbor’s testimony [Paras 4-7].

Evidence – Delay in FIR and Non-seizure of Victim’s Clothes – Court accepted delay in FIR citing Supreme Court precedents on rape case reporting delays – Non-seizure of clothes not detrimental due to victim’s immediate bathing – Medical report indicated possibility of sexual assault [Paras 6-7].

Mental Health of Accused – Request for Psychiatric Evaluation – Appellant’s habitual substance abuse and past behavior cited – Court found no necessity for psychiatric evaluation given the evidence and nature of offenses [Para 2].

Decision – Appeal Dismissed – Conviction and sentences for life imprisonment under Section 376(2)(f) and 376(2)(n), and two years under Section 506, IPC upheld – Sentences to run concurrently with fines imposed [Para 8-9].

Workmen’s Compensation – Quantum of Compensation – Deceased workman was employed as a driver and died in a road accident – Compensation awarded based on minimum wages under G.O.Ms.No.58 dated 09.04.1991 – Evidence from the employer suggested a higher salary – High Court enhanced compensation to reflect actual salary as stated by the employer [Paras 1-13].

Principle of Just Compensation – Application in Workmen’s Compensation – Court emphasized the importance of providing just compensation and not merely relying on minimum statutory wages – Compensation can be enhanced even if the appeal is filed only by the insurance company [Paras 7-13].

Decision: Civil Miscellaneous Appeal Disposed of – Held:

Revised compensation payable to claimants enhanced to Rs. 3,25,365/- based on actual salary – Differential amount of revised compensation to be deposited within 30 days along with statutory interest – No costs awarded [Paras 12-13].

FTS under DTAA – Interpretation and Application - Income from advisory and consultancy services by IMG not meeting "make available" test under Article 13 – Tribunal erred in holding the income as FTS – Services rendered not transferring technology or knowledge enabling BCCI to apply independently [Paras 102-108].

Section 9(1)(vii) of the Income Tax Act – Applicability - Income earned from services for IPL events held outside India falls under exception in Section 9(1)(vii) – Services utilized for earning income from a source outside India – Tribunal's oversight on geographical shift impacting the context of service utilization [Paras 109-119].

Effective Connection – Article 13(6) Analysis - Divergent views on "effectively connected" – Decision deferred for an appropriate case where the issue is central – PE's minimal activities in India not warranting whole income under Article 7 [Paras 108-122].

Tribunal's Findings Overturned - Appeals allowed – Income from IMG UK not taxable under Article 13 – Section 9(1)(vii) exception applies – Revenue earned by Service PE correctly taxed under Article 7 – Questions answered in favor of appellants [Paras 120-125].

Decision: The appeals are allowed. The impugned orders of the Tribunal are set aside. Questions (ii) and (iii) are answered in favor of the appellants, with consequential reliefs granted.

Criminal Law – Discharge of Accused – Trial Court discharged respondent for lack of material evidence beyond co-accused statements under Section 67 of the NDPS Act – Revision petition filed by Union of India challenging this discharge – High Court emphasized the need for sufficient material to form a prima facie case [Paras 1-14].

Evidence – Call Detail Records (CDRs) – CDRs of mobile phones showing contact between co-accused and respondent, while in jail, considered significant – High Court highlighted CDRs and physical meetings as material evidence that must be examined during trial – Reaffirmed by Supreme Court’s stance in State by (NCB) Bengaluru vs. Pallulabid Ahmad Arimutta & Anr.; CDR details admissible and should be scrutinized at trial [Paras 9-10, 12].

Confessional Statements – Section 67 of NDPS Act – Statements made to NCB officers are inadmissible as per Section 25 of Evidence Act and Tofan Singh v. State of Tamil Nadu – Additional material evidence required to support such statements for charges to sustain [Paras 8, 14-15].

Decision – Revision Allowed – Held – Order of trial court set aside – Directed to frame charges against respondent and proceed with trial – Importance of CDRs and other corroborative evidence underlined for establishing prima facie case [Para 18].

Civil Procedure – Non-filing of Written Statement – Defendants failed to file written statement despite court orders – Case proceeded as undefended suit due to non-compliance [Paras 1-2].

Property Ownership and Tenancy – Plaintiff established ownership of multiple properties constituting “Karnani Mansion” – Plaintiff’s right to issue car parking stickers and collect rent from tenants recognized [Paras 3-6].

Circulars Challenged – Plaintiff contested two circulars issued by defendants concerning collection of rent and maintenance – Defendants lacked authority under court orders to issue such circulars post payment of municipal dues by plaintiff [Paras 10-13, 28-31].

Court Orders and Compliance – Historical orders reviewed including Division Bench orders from 2002, 2006, and 2011 – Compliance by plaintiff in paying dues, resulting in No Outstanding Certificate from Kolkata Municipal Corporation – Defendants misinterpreted and misrepresented court orders to collect charges [Paras 7-9, 27-31].

Fraud and Misrepresentation – Defendants accused of misleading tenants and misrepresenting their authority based on outdated court orders – Plaintiff successfully proved payment of dues and compliance with municipal requirements [Paras 13-15, 30].

Special Officer Appointment – Special Officer appointed to collect rent and maintenance charges due to disputes – Court directed Special Officer to report collections and expenditure, eventually to handover accounts to plaintiff [Paras 32-34, 37].

Final Relief – Circulars issued by defendants declared null and void – Defendants restrained from collecting rent or charges and from issuing parking stickers – Defendants directed to provide accounts of collected rents to plaintiff [Paras 36-38].

Decision – Suit decreed in favor of plaintiff – Defendants’ circulars declared null and void – Directions issued for proper handover of accounts and discharge of Special Officer [Para 38].

Public Interest Litigation – Construction and Management of Cattle Pounds – Petitioner seeks direction for the construction and maintenance of cattle pounds with requisite infrastructure to confine stray animals – State of Punjab, in response, submits status reports highlighting existing measures, financial assistance to Gaushalas, and relevant By-laws – Court concludes that the State’s measures address the petitioner’s concerns, emphasizing the need for adherence to By-laws to mitigate accidents and injuries caused by stray cattle [Paras 1-4].

Urban Local Bodies – Implementation of By-laws – Affidavits by Haryana and U.T. Chandigarh detail measures taken, including construction of cattle pounds, imposition of fines, and vaccination programs – Court recognizes these steps as sufficient redressal, with an advisory for States to consider uniform By-laws to enhance efficacy in handling stray cattle issues [Paras 5-9].

Decision – Writ petitions disposed of – Court mandates strict adherence to By-laws by State Authorities to ensure safe urban environments – States encouraged to adopt best practices from other jurisdictions for uniformity in stray cattle management [Paras 4, 9].

Registration Act – Section 68(2) – Superintendence Powers – Petitioner contested the cancellation of sale deeds by the District Registrar, asserting misuse of power without proper inquiry – High Court found the Registrar’s actions arbitrary and lacking legal foundation – Orders quashed [Paras 1-4, 6-9].

Registration Act – Section 77-A – Misuse of Authority – District Registrar re-cancelled the sale deeds based on a subsequent complaint despite an appellate directive to resolve the matter in civil court – High Court condemned this as misuse of power and directed disciplinary action against the Registrar [Paras 6-8].

Fraud vs. Forgery – Legal Distinctions – Court differentiated between fraud and forgery, emphasizing that allegations of fraud require detailed pleading and proof in civil proceedings – Impugned order found to be without sufficient legal basis [Para 6].

Decision – Writ Petition Allowed – Impugned order set aside – Directed parties to seek remedies in civil court – Directed Inspector General of Registration to initiate disciplinary proceedings against the District Registrar [Paras 7-9].

Protection of Life and Liberty – Minor’s Right to Choose – Petition filed under Article 226 by a minor girl seeking protection from family coercion after refusing arranged marriage – Father (Respondent no. 4) evicted minor from home, used physical violence – Representation to police ignored – High Court directs police to consider threat perception and provide protection if needed – Child Welfare Committee to ensure minor’s safety – Court acting as parens patriae emphasized necessity of protecting minor’s interests and legal compliance [Paras 1-13].

Procedure under Juvenile Justice Act – Child Welfare Committee’s role – Directed to report compliance and protect minor – Emphasized importance of procedural adherence to safeguard minor’s rights [Paras 9-12].

Decision- Petition disposed of with directions to the Senior Superintendent of Police, Amritsar, to consider the representation and provide protection if threat is perceived – Minor to be produced before Child Welfare Committee if necessary – Compliance report required within two months [Paras 8-14].