Criminal Law - Dishonour of Cheque - Negotiable Instruments Act 1881 - Sections 138 and 139 - Expert Analysis of Handwriting - Accused directors of chit fund company facing trial for cheque dishonour under Section 138 NI Act - Complainants specifically alleged in testimony and affidavits that accused wrote the entries and signed the cheques in their presence - Accused filed applications to send cheques for expert analysis to prove entries were not in their handwriting - Judicial First Class Magistrate Court at Taliparamba dismissed applications holding that handwriting is irrelevant once execution is established under Section 139 NI Act - High Court in exercise of Article 227 jurisdiction held that while statutory presumption exists the accused cannot be denied an opportunity to show that a specific factual contention of the complainant regarding the authorship of the entries is wrong - Such evidence strikes at the acceptability and credibility of the complainant case - Held - Impugned orders set aside - Cheques directed to be sent for expert analysis - [Paras 1-9].

Evidence Law - Expert Opinion - Negotiable Instruments Act 1881 - Section 139 - Rebuttal of Presumption - Relevancy of handwriting analysis - Complainant asserted that second accused made entries in the impugned cheque at the establishment of the complainant - Accused sought to show handwritings were not theirs - Trial Court deemed this irrelevant due to presumption of execution - High Court observed that credibility of evidence tendered by the complainant about the execution would be at stake if handwritings are shown not to be of the accused - Accused cannot be denied opportunity to show the complainant contention is wrong - Held - Evidence adduced by complainant would be vitiated for lack of bonafides if handwriting is disproven - [Paras 7-9].

Criminal Law - Procedural Directions - Expert Analysis - Responsibility of Accused - High Court directed Magistrate to take steps for expert analysis - Held - Petitioners/accused shall have responsibility to make available specimen handwritings for the contemporary period - Expenses for such expert analysis shall be met by the accused - If accused fails to provide specimens within reasonable period Trial Court is free to wind up proceedings and decide on available evidence - [Paras 10].

Decision: Original Petitions allowed – Orders dated 11.08.2025 in C.M.P. No. 4344/2025 and 07.08.2025 in C.M.P. No. 4346/2025 set aside – Trial Court directed to send cheques for expert analysis.

Writ Law - Citizenship - Constitution of India - Article 226 - Challenge to Foreigners Tribunal order - Petitioner declared a foreigner of post-1971 stream - Petitioner claimed birth in village Datialbori Assam to Abdul Jabbar - Relied on father's voter lists of 1966 and 1971 and own voter list of 1993 - Produced 1957 sale deed and certificates from Gaonburha and Panchayat - Petitioner argued that mental illness specifically Schizophrenia caused contradictions in testimony - Tribunal noted contradictions between petitioner and wife regarding father's death year and number of siblings - High Court found that petitioner failed to invoke Section 105 of Mental Healthcare Act 2017 during Tribunal proceedings - Court observed prescription produced actually indicated treatment for Parkinsons disease rather than Schizophrenia - Certificates from Gaonburha and Panchayat held inadmissible as issuing authorities were not examined - Voter lists failed to show petitioner's name alongside father's name to establish linkage - Held - findings of fact by Tribunal are not liable to be interfered with under certiorari jurisdiction as the High Court does not act as an appellate tribunal - petitioner failed to discharge burden of proof under Section 9 of Foreigners Act - writ petition dismissed - [Paras 1-33].

Evidence Law - Burden of Proof - Foreigners Act 1946 - Section 9 - Determination of citizenship - Onus of proving that a person is not a foreigner lies solely on the proceedee - Petitioner failed to produce contemporaneous records showing name with projected father - Discrepancies between petitioner's statement and wife's testimony regarding family history raised suspicion - Held - burden of proof never shifts to the State and must be discharged by the person asserting citizenship through cogent evidence - [Paras 25-27].

Evidence Law - Documentary Evidence - Indian Evidence Act 1872 - Section 106 - Proof of certificates - Petitioner produced Gaonburha and School certificates without examining the authors - Held - documentary evidence must be proved on the basis of record and contents must be substantiated - certificates cannot be proved on the basis of personal knowledge without examination of issuing authority - [Paras 13, 21].

Writ Law - Certiorari Jurisdiction - Constitution of India - Article 226 - Scope of interference - High Court's power is supervisory and confined to the decision-making process - Court cannot re-weigh or review evidence upon which the Tribunal's determination is based - Held - unless the order is without jurisdiction or palpably erroneous the writ court will not substitute its own views for those of the inferior tribunal - [Paras 28-29].

Mental Health Law - Mental Illness in Judicial Process - Mental Healthcare Act 2017 - Sections 4 and 105 - Capacity to make decisions - Petitioner claimed mental illness caused contradictions in evidence - No recourse taken to Section 105 for medical board examination during trial - Held - a bare medical prescription is insufficient to prove psychiatric incapacity - Parkinson’s disease is a nervous system disorder and not synonymous with mental illness affecting capacity to understand proceedings - [Paras 10, 15-18, 30].

Decision: Writ petition dismissed – Order of Foreigners Tribunal affirmed – Interim order vacated – Actions consequent upon the Tribunal's opinion to follow in accordance with law.

Criminal Law - Sexual Assault - Protection of Children from Sexual Offences Act 2012 - Section 10 - Indian Penal Code 1860 - Section 341 - Appellant was convicted by the Special Judge Morigaon for restraining a 12-year-old girl and committing sexual assault by laying her on the ground-kissing-touching breasts and exposing himself - Appellant challenged the conviction on grounds of lack of medical injuries-hostility of independent witnesses and minor contradictions in the victim statement regarding the timing of the incident - Prosecution established that the victim was returning from Madrassa on a Sunday and maintained consistency in her testimony across various stages of the trial - High Court analyzed the Section 29 POCSO presumption and held that foundational facts were proved through trustworthy child witness testimony - High Court further observed that medical evidence is not a prerequisite for a sexual assault conviction and the absence of physical injury does not negate the prosecution case - Held - Conviction and sentence of 7 years rigorous imprisonment affirmed - appeal dismissed - [Paras 1-52].

Evidence Law - Competency of Child Witness - Indian Evidence Act 1872 - Section 118 - Testimony of 11-year-old victim recorded - Defense alleged tutoring and suggested that the appellant only saved the victim from falling into a pond - High Court observed that a child witness is competent if rational answers are given and no evidence of tutoring existed - Held - Testimony of a child victim is to be treated as gospel truth if found trustworthy and the probability of tutoring alone is not a reason to disbelieve the witness - [Paras 41-45].

Evidence Law - Reliability of Prosecutrix - Indian Evidence Act 1872 - Section 134 - Conviction based on the sole testimony of the prosecutrix - Defense argued non-examination of the victim's sister and contradictions in timing of incident (6 AM vs 8 AM) - High Court held that minor contradictions do not go to the root of the case and Indian women generally tend to conceal sex crimes due to social prestige - Held - The statement of a prosecutrix if found worthy of credence and reliable requires no corroboration for recording an order of conviction - [Paras 33-36, 46-47].

Criminal Law - Statutory Presumption - Protection of Children from Sexual Offences Act 2012 - Sections 29 and 30 - Burden of proof and reverse onus - Appellant contended that the prosecution must prove guilt beyond reasonable doubt without the aid of presumption - High Court clarified that while the prosecution must first prove foundational facts the burden then shifts to the accused to displace the presumption of guilt - Defense failed to produce evidence of previous enmity or grudge to explain false implication - Held - Prosecution successfully established foundational facts and the defense failed to rebut the statutory presumption through cross-examination or independent evidence - [Paras 15, 48-50].

Decision: Appeal dismissed – Conviction and sentence under Section 10 POCSO Act and Section 341 IPC affirmed – Trial Court Records to be sent back.

Criminal Law - Suspension of Sentence - Bharatiya Nagarik Suraksha Sanhita - Section 430(i) - NDPS Act - Section 8(c) read with 20(b)(ii)(C) - Petitioner convicted for possession of 42 kg of Ganja and sentenced to 14 years rigorous imprisonment and fine - Petitioner sought suspension of sentence on grounds of non-compliance with mandatory procedural requirements of NDPS Act and delay in chemical analysis - Prosecution opposed citing petitioner's status as an A+ Category History Sheeter with 23 pending cases including 7 murders - Police reports indicated petitioner leads a notorious gang and habitually absconds to delay trials - Court noted that suspension of sentence is a discretionary power and not a vested right - Held - Considering the serious nature of allegations - criminal antecedents - and the apprehension that the petitioner would not be available for other trials if released - the court is not inclined to grant suspension of sentence - application dismissed - Registry directed to list the main appeal for final hearing - [Paras 1-22].

Criminal Law - Post-conviction Bail - Code of Criminal Procedure 1973 - Section 389(1) - Principles for grant - Comparison with pre-trial bail - Once a finding of guilt is recorded by the trial court the presumption of innocence is extinguished - The principle of bail being the rule and jail an exception is not attracted post-conviction - The appellate court must be cognizant of the finding of guilt and requires strong and compelling reasons to suspend a sentence - Held - Discretion to suspend sentence must be exercised judiciously based on facts and circumstances of each case while considering public policy underlying Section 37 of the NDPS Act - [Paras 18-21].

Criminal Law - Criminal Antecedents - Impact on Bail - Evidence of habitual offending - Petitioner implicated in 23 cases including multiple charges under Section 302 IPC - Investigation reports confirmed petitioner is a gang leader who fails to cooperate with court proceedings - Held - While antecedents alone may not always be the sole ground for rejection - they constitute a relevant and critical factor when coupled with gravity of the offence and conduct of the accused in other trials - [Paras 9-16].

Decision: Application dismissed – Main appeal directed to be listed for final hearing under the caption ‘accused in jail cases’.

Civil Law - Summary Suit - Code of Civil Procedure 1908 - Order XXXVII Rule 3 - Recovery of money based on promissory notes - Plaintiff filed three summary suits for recovery of principal and interest totaling Rs. 81,00,000 each - Defendants failed to enter appearance within the statutory period of 10 days - Plaintiff delayed taking steps for a decree and subsequently served summons for judgment - Trial Court granted leave to defend subject to defendants furnishing security of Rs. 50,00,000 in each suit - Plaintiff challenged the grant of leave while defendants challenged the condition of security - High Court observed that while defendants were late in appearance - the plaintiff also committed lapses in strictly adhering to the timeline for seeking a decree or serving summons for judgment - Defendants raised triable issues questioning the financial capacity of the plaintiff to advance large cash loans while being personally indebted - Held - Trial Court was correct in granting leave but erred in imposing a condition of security where a substantial defense was raised - condition of security set aside and unconditional leave granted - [Paras 1-39].

Civil Law - Condonation of Delay in Summary Suits - Code of Civil Procedure 1908 - Order XXXVII Rule 3(7) - Power to excuse delay - Plaintiff argued that failure of defendants to appear within 10 days of service of summons under Order XXXVII Rule 3(1) CPC results in automatic admission of allegations and entitlement to a decree - High Court held that Order XXXVII Rule 3(7) CPC specifically empowers the Court to excuse delay in entering an appearance or in applying for leave to defend for sufficient cause shown - Defendants explained that summons were served during summer vacation in May 2025 leading to appearance in June 2025 - Held - The right to defend is not extinguished solely by the lapse of 10 days if the court finds sufficient cause to excuse the delay - [Paras 20-30].

Civil Law - Leave to Defend Guidelines - Code of Civil Procedure 1908 - Order XXXVII Rule 3(5) - Substantial Defense vs Plausible Defense - Financial Capacity of Lender - Defendants contended that plaintiff lacked the financial capacity to lend Rs. 1,50,00,000 in cash on a single day and noted violation of Income Tax provisions regarding reporting of large cash transactions - High Court applied the principles laid down in IDBI Trusteeship Services Limited v. Hubtown Limited and Milkhiram (India) (P) Ltd. v. Chamanlal Bros. - Court found that questioning the financial capacity of a lender who is himself indebted to family members and institutions constitutes a substantial defense - Held - If the defendant satisfies the Court of a substantial defense likely to succeed the plaintiff is not entitled to judgment and the defendant is entitled to unconditional leave to defend - condition to furnish security for the principal amount was unduly severe - [Paras 32-37].

Decision: C.R.P. No. 11 of 2026 dismissed – C.R.P. Nos. 4709, 4728 and 4731 of 2025 allowed – Condition of furnishing security of Rs. 50,00,000 set aside – Defendants granted unconditional leave to defend the suits

Criminal Law - Murder for gain - Indian Penal Code 1860 - Sections 449 - 380 - 302 - Appellant being the brother-in-law of the deceased - Trespassed into the first floor of the house while the deceased was alone - Brutally stabbed her to death - Removed 23.5 sovereigns of gold jewelry - mobile phone - cash - and an ATM card - Prosecution relied on circumstantial evidence including witnesses who saw the accused entering and leaving the house carrying a handbag - Recovery of stolen articles was made from an autorickshaw in the accused's possession - Trial Court convicted and sentenced the appellant to life imprisonment - High Court re-appreciated the oral and documentary evidence - Found the chain of circumstances pointing unerringly to the guilt of the accused - Held - Conviction and sentence confirmed - Appeal dismissed - [Paras 1-24].

Evidence Law - Recovery - Indian Evidence Act 1872 - Section 27 - Recovery of stolen gold ornaments and mobile phone pursuant to a voluntary disclosure statement made by the accused - Defense challenged the recovery proceedings because one attesting witness was treated as partly hostile - High Court observed that the testimony of a partly hostile witness cannot be discarded in its entirety when it substantially supports the prosecution and is corroborated by other evidence - Identifying the recovered jewels as belonging to the deceased by the husband (PW10) and sister (PW1) strengthened the case - Held - Recovery proved strictly in accordance with law - [Paras 4.6 - 5.2 - 10 - 16 - 20].

Evidence Law - Presumption - Indian Evidence Act 1872 - Section 114 Illustration (a) - Recent possession of stolen property in murder for gain cases - Accused found in possession of stolen gold ornaments belonging to the deceased shortly after the murder - No satisfactory explanation offered for such possession - Principle of law established that when theft and murder form part of the same transaction - the presumption extends to the offence of murder - Held - Where the accused is found in possession of articles belonging to the deceased soon after a murder for gain and fails to explain the same - the Court can legitimately infer that the accused committed both the theft and the murder - [Paras 12 - 16 - 17 - 21 - 22].

Evidence Law - Circumstantial Evidence - Last Seen Together - Indian Evidence Act 1872 - Section 3 - Witnesses (PW3 - PW4 - PW5 - PW6 - PW11 - PW15) consistently testified to seeing the accused entering the house through the ground floor and exiting shortly before the discovery of the dead body - Fingerprint and footprint expert reports placed the accused at the scene of the occurrence - Minor procedural irregularities in the forwarding of prints to the laboratory do not vitiate the scientific evidence - Held - Cumulative effect of last seen evidence - recovery - and expert reports forms a complete chain excluding every hypothesis consistent with innocence - [Paras 9 - 14 - 15 - 20].

Decision: Appeal dismissed – Conviction and sentence under Sections 449, 380 and 302 IPC affirmed – Remuneration of Rs. 25,000/- directed to be paid to the Legal Aid Counsel by the High Court Legal Services Committee.

Writ Law - Co-operative Societies - Maharashtra Co-operative Societies Act 1960 - Section 83 - Inquiry by Registrar - Petitioner-Society challenged order of Deputy Registrar confirmed by Divisional Joint Registrar appointing an authorised officer to conduct an enquiry into the affairs of the Society - Respondent No. 3 a single member of the Society filed a complaint alleging financial irregularities including unauthorised fund withdrawals and grants to NGOs - Petitioner contended that Section 83 requires a requisition by at least 1/5th members of the Society and that the Deputy Registrar acted solely on the private complaint without independent application of mind - High Court observed that the Deputy Registrar conducted hearings and recorded submissions as if adjudicating a private dispute rather than exercising regulatory supervision - The impugned order merely reproduced the complaint contents without an independent assessment of records or a prima-facie opinion by the Registrar - Held - While a complaint by a single member or even a non-member can serve as source information for the Registrar to exercise suo-moto powers under Section 83 he must apply his independent mind to the material to determine if an inquiry is warranted - The Registrar cannot abdicate his discretion to the dictates of a private complainant or act in a mechanical manner - The action of the Deputy Registrar in essentially adjudicating the complaint of Respondent No. 3 was contrary to the statutory scheme of Section 83 - Impugned orders set aside - [Paras 1-27].

Civil Law - Statutory Interpretation - Maharashtra Co-operative Societies Act 1960 - Section 83 - Suo-moto power vs Application based inquiry - Distinction between Section 83(1)(i) and Section 83(1)(ii) - Inquiry is mandatory if 1/5th members make an application whereas it is discretionary for suo-moto exercise - The term suo-moto must be understood as the Registrar acting on his own accord and satisfaction although information from a third party may act as a motivator - Held - There is no bar to the Registrar taking cognizance of information from a single member to trigger suo-moto proceedings but he must conduct his own investigation/assessment to arrive at a conclusion for such exercise - Use of adjudicatory language such as deciding a complaint leaves no doubt that the Registrar failed to exercise independent regulatory power - [Paras 11-22].

Administrative Law - Exercise of Discretion - Application of Mind - Deputy Registrar passed order for inquiry by referring to the complaint of Respondent No. 3 as the sole basis - The Divisional Joint Registrar in a previous round had already found that the Deputy Registrar did not initiate the inquiry suo-moto - Held - In the remanded proceedings the Deputy Registrar committed the same error by acting squarely on the basis of the private complaint - When a statute provides for regulatory inquiry the authority must not act as a mere mouthpiece for a complainant - Decision-making process must reflect independent verification of records - [Paras 23-26].

Decision: Writ Petition allowed – Order dated 09/03/2020 passed by the Divisional Joint Registrar and Order dated 02/03/2019 passed by the Deputy Registrar are set aside – No order as to costs.

Consumer Law - Constitution of India - Article 227 - Petitioner bank challenged concurrent orders of NCDRC State Commission and District Commission - Deceased husband of Respondent No 1 availed home loan and applied for group insurance - Premium deducted by bank but proposal rejected by insurer for non-compliance with medical requirements - Bank failed to communicate rejection or refund premium during borrower lifetime - Refund adjusted in loan account only after death - Consumer forums held bank liable for deficiency in service - High Court found no perversity in findings - Held - Bank as Master Policy Holder had duty to facilitate insurance and keep borrower informed - Writ petition dismissed - [Paras 1-26].

Consumer Law - Definition of Consumer - Consumer Protection Act 2019 - Section 2(7) - Maintainability of complaint against Bank - Bank argued complainant not a consumer for insurance services - Court observed deceased hired banking services for consideration which included facilitation of insurance under Master Policy - Held - Nominee and beneficiary squarely fall within inclusive definition of consumer - definition to be construed liberally to advance legislative object - [Paras 14-17].

Banking and Insurance Law - Group Insurance Scheme - Master Policy Holder - Deficiency in Service - Responsibility of Bank - Petitioner claimed role limited to remittance of premium - Court noted insurer sent refund to bank in May 2016 but bank failed to inform borrower - Held - Once bank undertakes responsibility to facilitate insurance it becomes integral part of banking service - Negligence in discharging obligation constitutes deficiency in service - [Paras 18-21].

Writ Law - Scope of Interference - Constitution of India - Article 227 - Supervisory vs Appellate jurisdiction - Court emphasized power is to keep subordinate forums within bounds of authority - Held - High Court cannot re-appreciate evidence or correct mere errors of fact - Interference warranted only for patent perversity or manifest injustice - [Paras 22-25].

Decision: Writ petition dismissed – Concurrent findings of the consumer forums affirmed.

Family Law - Divorce - Hindu Marriage Act 1955 - Section 13(1)(i-a) and (i-b) - Cruelty and Desertion - Appellant husband sought dissolution of marriage alleging that the respondent wife deserted him in 2005 and subjected him to mental torture by filing false criminal cases - Respondent wife contended that she was ousted from the matrimonial home along with her minor daughter due to unfulfilled demands for dowry and cash - Evidence revealed that the appellant and his parents were convicted by the Trial Court for offenses under Section 498A IPC and the Dowry Prohibition Act - Family Court dismissed the divorce petition holding that the husband failed to provide specific dates or instances of cruelty and that the wife did not leave the matrimonial home voluntarily without reasonable cause - High Court observed that the allegations made by the husband were vague and general in nature - Court noted that the filing of criminal cases by a spouse does not constitute cruelty if such cases are based on actual harassment resulting in conviction - High Court further found that the wife expressed willingness to resume cohabitation provided her safety was assured - Held - Findings of the Family Court are not perverse and are supported by the evidence on record - Onus of proof for cruelty and desertion remained unsatisfied by the appellant - Appeal dismissed - [Paras 1-62].

Evidence Law - Perversity of Findings - Standard of Review - A finding is considered perverse if it is arrived at by ignoring relevant material or by taking into consideration irrelevant material or if it defies logic - High Court referred to the decision in Arulvelu vs State and Gaya Din vs Hanuman Prasad - Appellant failed to establish that the Family Court ignored any cogent evidence or committed procedural irregularity - Held - appellate court should not interfere with findings of fact unless they are demonstrably perverse - [Paras 24-27, 42].

Family Law - Cruelty - Hindu Marriage Act 1955 - Section 13(1)(i-a) - Judicial Standards - Cruelty is a course of conduct which adversely affects the spouse and must be of such character as to cause a reasonable apprehension of harm - Court cited Dr. N.G. Dastane vs Mrs. S. Dastane and Shobha Rani vs Madhukar Reddi - Cruelty can be mental or physical and must be determined based on the social and economic conditions of the parties - Trivial irritations or normal wear and tear of marriage do not constitute cruelty - Held - husband failed to prove any grave or weighty conduct by the wife that would make it impossible to continue the marital relationship - [Paras 28-36, 43].

Family Law - Desertion - Hindu Marriage Act 1955 - Section 13(1)(i-b) - Animus Deserendi - Desertion requires both the factum of separation and the intention to bring cohabitation permanently to an end - Physical act of departure does not necessarily make that spouse the deserting party if they were compelled to leave - High Court referred to Lachman Utamchand Kirpalani vs Meena and Debananda Tamuli vs Kakumoni Kataky - Evidence showed the wife was ousted due to dowry demands - Held - permanent abandonment without consent and without reasonable cause must be proved - wife was keen to perform wifely duties - desertion not established - [Paras 45-60].

Decision: Appeal dismissed – Judgment and decree of the Additional Family Court, Rajmahal, dated 19.07.2022 affirmed.