Electricity Regulation – Compliance with HERC Regulations – Consumer Protection – Directions issued to the petitioner to comply with Regulation 5.5 of HERC Single Point Supply Regulations – Petitioner alleged violation of natural justice principles for non-service of notice – The Court held that the petitioner was aware of the proceedings through its principal, M/s Max Heights Metro View Apartments, and cannot misuse the principle of audi alteram partem when it deliberately avoids participation – Transparent billing and adherence to regulations are mandatory, and the Forum’s directions were found valid [Paras 3-10].

Overcharging and Unauthorized Charges – Regulatory Compliance – Refund to Residents – The petitioner-firm was found to have included unauthorized charges such as common area electricity charges and power backup fees in residents' bills – The Court upheld the Forum's direction to refund excess charges to residents and emphasized that bills must comply with HERC’s Regulation 5.5 and Sales Circular No. U-01/2021 – Refund and compliance were ordered to ensure billing transparency [Paras 6-9].

Principles of Natural Justice – Audi Alteram Partem – No Violation – Petitioner argued that the Forum’s order violated principles of natural justice as no notice was served – The Court rejected this claim, noting that the petitioner was aware of the proceedings through its principal, which participated in the process – Natural justice principles cannot be used as a defense to circumvent the legal process or regulations [Paras 10-11].

Decision:

Writ petition dismissed – The Consumer Grievances Redressal Forum's order dated 19/11/2024 upheld – Directions for compliance with HERC regulations, transparent billing, and refund of unauthorized charges to residents were maintained – No order as to costs [Paras 12].

Criminal Law – Murder - Criminal Conspiracy – Failure to Prove Illicit Relationship and Common Intention – Acquittal – The prosecution alleged that the accused conspired to murder the deceased to sustain their alleged illicit relationship. However, the evidence, including hearsay witnesses and recovery of materials, was insufficient to establish the conspiracy beyond reasonable doubt. Held: Conviction under Section 120-A IPC quashed [Paras 3, 63-67].

Last Seen Theory – Lack of Corroboration and Delayed Testimony – Evidence Rejected – The prosecution relied on the testimony of PW-6, claiming the accused was last seen near the deceased’s house. Cross-examination revealed inconsistencies and delays in reporting, rendering the evidence unreliable. Held: Last seen theory not proved [Paras 60-61].

Circumstantial Evidence – Chain of Events Not Established – The case rested on circumstantial evidence, which failed to exclude all other hypotheses and link the accused conclusively to the crime. Held: Circumstantial evidence insufficient for conviction [Paras 56-72].

Recovery of Material Objects – No Substantive Connection to the Crime – Insufficient Proof – Recovery of bloodstained clothes and a rod at the instance of the accused was not supported by definitive evidence linking them to the crime. Held: Recovery alone insufficient to sustain conviction [Paras 68-72].

Benefit of Doubt – Failure to Establish Motive and Conspiracy – The prosecution’s case relied heavily on unsubstantiated allegations of illicit relations and uncorroborated testimony. In the absence of a complete chain of evidence, benefit of doubt granted to the accused [Paras 58, 72].

Decision: The Criminal Appeals are allowed. The judgment of conviction and order on sentence passed in Sessions Case No. 79/2014 is set aside. The accused are acquitted of all charges.

Criminal Law – Regular Bail – Section 439 CrPC – FIR Involving Murder of Police Personnel – Seriousness of Allegations – Bail not to be denied solely on gravity of offence – Court required to balance liberty with societal interest [Paras 1–2].

Bail on Ground of Parity – Co-accused Granted Bail – Petitioner similarly placed – No distinguishing role shown by prosecution – Principle of parity applicable – Denial of bail would amount to discriminatory treatment [Para 3, 5].

Unlawful Assembly – Alleged Role of Accused – Attribution of Injury – Medical Evidence – MLR indicating minor injuries inconsistent with ocular version – Prima facie doubt regarding exact role attributed to petitioner – Matter to be tested at trial [Paras 3, 5].

Custody – Prolonged Incarceration – Petitioner in custody for more than two years – No criminal antecedents – Trial likely to take considerable time – Continued incarceration unjustified at pre-trial stage [Para 5].

Assessment at Bail Stage – Limited Scrutiny – Veracity of allegations and appreciation of evidence not to be undertaken at stage of bail – Court refrains from commenting on merits – Observations confined to bail consideration only [Paras 6–7].

Decision – Bail Granted – Regular Bail Allowed – Petitioner directed to be released on furnishing bail and surety bonds – Clarification that observations shall not affect merits of trial [Paras 7–8].

Cancellation of Letter of Intent - Unauthorized Use of Additional Land – The petitioner, selected as an LPG distributor, constructed the godown on additional plots of land (not approved in the LOI) and failed to inform Indian Oil Corporation Ltd. (IOCL) – Held: Construction on unauthorized plots without prior approval violates the terms of the LOI and brochure guidelines – LOI cancellation upheld [Paras 7, 11-12].

Failure to Comply with Statutory Requirements - Land Classification and PESO License – The petitioner constructed the godown without converting the classification of LR Plot No. 4255 and failed to obtain a valid PESO license for all plots used – Held: Non-compliance with statutory requirements justified the cancellation of the LOI – LOI is not a firm offer and creates no vested rights in favor of the petitioner [Paras 6, 11].

Brochure Guidelines - Scope for Alternate Land – The guidelines allow for the use of alternate land during or after the field verification stage, subject to prior approval by the IOCL – Held: Petitioner failed to seek approval for alternate plots before commencing construction, violating the brochure's requirements – Equitable relief denied as petitioner violated tender conditions [Paras 8-11].

Equitable Relief - Denial Due to Breach of Tender Terms – Petitioner sought equitable relief despite violating the terms of the LOI and brochure – Held: Petitioner, having acted “de hors” the terms of the tender, is not entitled to equitable relief – The writ petition dismissed [Paras 11-12].

Decision:The writ petition is dismissed as devoid of merit – Cancellation of the LOI dated 02/05/2022 upheld – No legal infirmity found in the impugned action of the respondent IOCL.
 

Alimony - Interim Maintenance - Husband's Suppression of Income – Interim alimony of Rs.1 lakh per month claimed by the wife – The husband disclosed monthly income of Rs.11,85,730/- in earlier court affidavits but now claims income of Rs.3 lakh plus fluctuating bonus – Held: Suppression of income by the husband established; monthly alimony awarded – The court rejected the husband's claims of reduced income and found the amount claimed by the wife justified [Paras 20-27, 34-36].

Determination of Alimony - Rule of Proportionality – Alimony to wife fixed at one-fifth of husband's disclosed income – Court emphasized the principle that alimony must account for the wife’s necessities and maintain her status commensurate with the husband’s financial position – The court clarified that interim maintenance cannot be determined solely based on the wife's limited resources [Paras 27-33].

Student Loans of Adult Sons - Husband's Liability – The husband argued that student loans for his adult sons constitute financial obligations – Held: No liability on the husband to pay student loans of sons who have attained majority – Sons are independently responsible for their loans; the husband cannot evade alimony payments on this ground [Paras 36-37].

Arrear Payments and Schedule of Compliance – The court directed the husband to clear arrears of Rs.1 lakh per month from September 2024 to January 2025 in two equal instalments – Future alimony to be paid by the 10th of each month, commencing February 2025 [Paras 38-40].

Relevance of Judgment in Rajnesh v. Neha – Court noted non-compliance with mandatory affidavit-of-assets as per Supreme Court guidelines – Husband failed to provide three years’ income tax returns and bank statements – These lapses reinforced the finding of suppression of income [Paras 8-9, 20].

Decision: CAN 2 of 2024 disposed of on contest – Husband directed to pay Rs.1 lakh per month as alimony, along with arrears, within prescribed timelines – Appeal to be listed for hearing in February 2025.
 

UGC Librarians – Pay Fixation and Seniority – Requirement of Qualifications – UGC Scheme Conditions – The Kerala Administrative Tribunal granted UGC pay scale and senior scale promotions to respondents who acquired UGC qualifications (NET) after 12-13 years of service as Librarian Grade I. Held: Tribunal erred in granting retrospective benefits contrary to Annexure A8 Government Order, which mandates possession of UGC qualifications at the time of placement in the UGC Scheme. The delay in acquiring the qualification disentitles respondents from retrospective benefits. Order set aside [Paras 9-11].

Pay Protection – Disparity in Pay Between UGC and State Librarians – Obligation to Address Pay Anomalies – While quashing the Tribunal’s order, the Court directed the Government to address any existing disparity in pay between UGC Librarians and non-UGC State Librarians arising due to the denial of retrospective benefits. Pay protection, if applicable under Annexure A10, to be implemented promptly [Para 12].

Precedent of Relaxation in UGC Scheme – Non-Applicability – The respondents relied on earlier cases (Annexures A11 and A18) where similar benefits were granted despite delayed acquisition of qualifications. Held: Those relaxations were granted during the initial implementation of the UGC Scheme and cannot be claimed as a right by similarly placed individuals. Tribunal's reliance on such precedents was erroneous [Paras 10-11].

Judicial Review – Role of Administrative Tribunals – Policy Discretion – The Tribunal failed to consider the policy rationale for requiring UGC qualifications at the time of placement under the UGC Scheme. Courts and Tribunals should not interfere in policy decisions unless they violate principles of equality or are arbitrary [Para 11].

Decision: Petition Allowed: The Kerala High Court quashed the Kerala Administrative Tribunal’s order directing retrospective placement of respondents in the UGC scale and the release of arrears.
Pay Anomalies to be Addressed: Government directed to resolve any disparity in pay between UGC Librarians and non-UGC Librarians if pay protection provisions are applicable.
 

Maintenance to Children – Date of Maintenance – Uniformity in Awards – Section 20(1)(d), DV Act – Petition challenging the Sessions Court’s limitation of maintenance to minor children from the date of the order, instead of the date of the application. Held: Maintenance to be awarded from the date of the application to ensure financial sustenance of minors and adherence to Supreme Court precedent in Rajnesh v. Neha – Order of Sessions Court set aside, Trial Court’s order restored [Paras 11-13].

Residence Order – Post-Divorce Benefit – Section 19, DV Act – Question of whether a divorced woman is entitled to residence benefits under Section 19 of the DV Act. Held: A divorced woman cannot claim residence benefits if she is not living in a shared household. Residence order benefit limited to the period before the dissolution of marriage – Residence order quashed post-divorce [Paras 23-30].

Standard of Proof under DV Act – Section 19 – Protection orders (Section 18) may be issued on a prima facie basis, but residence orders under Section 19 require satisfaction that domestic violence has occurred. Held: Evidence of physical, verbal, and economic abuse supported by credible testimony satisfies the preponderance of probabilities standard – Residence order upheld for the period prior to divorce [Paras 20-21].

Revisional Jurisdiction – Limited Scope – Sections 397-401 CrPC – Revisional power of High Court limited to addressing errors of jurisdiction, procedural irregularities, or perverse findings. Held: Unless the findings are grossly erroneous or arbitrary, the Revisional Court should not interfere – Orders by lower courts upheld except where explicitly modified [Paras 29-31].

Decision: Crl.R.P. No. 1577/2013 (By Wife) – Allowed in part. Maintenance for minor children restored from the date of application (18/12/2008).
Crl.R.P. No. 1173/2013 (By Husband) – Allowed in part. Residence order under Section 19 limited to the period before dissolution of marriage (08/04/2014).
 

Election Petition – Locus Standi and Cause of Action – Rejection under Order VII Rule 11 CPC – Election petition dismissed at the threshold for lack of cause of action and failure to establish locus standi – Held: The petitioner neither contested the election nor demonstrated that he was an elector of the constituency – The petition failed to satisfy the mandatory requirements under Sections 81 and 83 of the Representation of the People Act, 1951, rendering it defective [Paras 10, 14–15, 25].

Material Facts – Essential Requirements under Section 83(1)(a) of RPA, 1951 – The omission of material facts necessary to constitute a cause of action results in the rejection of an election petition – Courts must dismiss such petitions that fail to provide a concise statement of essential facts required to frame a valid claim under Section 83 [Paras 15, 25].

Cause of Action – Judicial Precedents Reinforced – A defective election petition lacking material facts is not an election petition in the eyes of law – Petition rejected under Order VII Rule 11 CPC for failing to disclose a cause of action – Case law supports summary dismissal of petitions that are incomplete or frivolous to prevent unnecessary trials and preserve judicial resources [Paras 16–22].

Corrupt Practices – Burden of Proof and Pleadings – Allegations of corrupt practices must be supported by detailed and verified pleadings, failing which they cannot form the basis of a trial – Petition dismissed for lack of compliance with procedural and substantive requirements under Section 83 [Paras 15, 17].

Judicial Efficiency – Summary Dismissal in Election Matters – Courts emphasized the importance of screening election petitions at the threshold to avoid unnecessary litigation and expedite resolution – A defective petition undermines the legislative mandate and principles of judicial economy [Paras 24–26].

Decision – The petition was found defective for failing to establish the petitioner’s locus standi, disclose a cause of action, or provide material facts as required under Sections 81 and 83 of the Representation of the People Act, 1951 – Petition dismissed under Order VII Rule 11 of the Code of Civil Procedure, 1908.

Land Revenue – Mutation Proceedings – Will/Testament – Jurisdiction of Revenue Authorities – Mutation was certified by Tahasildar on the basis of a disputed Will and confirmed by the Assistant Commissioner – Deputy Commissioner in revision under Section 136(3) KLR Act set aside mutation and directed entry in favour of natural heirs – Held: Revenue Authorities have no jurisdiction to adjudicate validity of a Will – Claims based on Will or testamentary succession must be decided only by Civil Court – Mutation based on disputed Will is impermissible [Paras 8–10].

Karnataka Land Revenue Act, 1964 – Section 136(3) – Scope of Revisional Power – Deputy Commissioner exercised revisional jurisdiction to correct erroneous mutation based on Will – Order held to be in consonance with settled legal position – No infirmity or jurisdictional error found – Interference under Articles 226 & 227 declined [Paras 2–4, 10].

Title and Possession – Remedy under Section 135 KLR Act – Bar of Suits and Proviso – Section 135 bars suits against State regarding mutation entries – Proviso enables aggrieved party to institute comprehensive civil suit for declaration of title and possession – Disputes relating to title or possession arising from mutation must be resolved by Civil Court – Revenue entries subject to outcome of civil suit [Paras 12–15].

Mutation Proceedings – Parallel Remedies – Multiplicity of Litigation – Court noted repeated filing of appeals, revisions and writ petitions against mutation orders despite availability of civil remedy – Such proceedings result in parallel and sequential litigation without conclusive adjudication – Revenue proceedings under Chapter XI are inherently subject to decision of Civil Court – Practice leads to avoidable delay and burden on courts [Paras 16–21, 25].

Need for Legislative Reform – Absence of Power to Grant Interim Relief in Civil Suit – Court observed lacuna in statutory scheme as Civil Courts lack express power to stay operation of mutation orders under Chapter XI during pendency of civil suits – This deficiency compels parties to approach revenue authorities and High Court for interim protection – Recommendation made for legislative intervention to empower Civil Courts and reduce multiplicity of proceedings [Paras 19–24, 26–27].

Decision: Writ Petition dismissed – Order of Deputy Commissioner upheld – Registry directed to forward judgment to Karnataka State Law Commission and concerned Departments for consideration of legislative reforms.