Judicial Discipline – Repeated Petitions – Abuse of Process – Petitioner repeatedly filed petitions under Section 340 Cr.P.C. seeking similar relief – Court dismissed previous petitions on the same grounds – Petitions considered as 'bench hunting' and abuse of process – Courts bound by doctrine of judicial discipline, findings of higher courts or coordinate benches must be respected – Current petition dismissed with costs [Paras 1-19].

Perjury – False Affidavit – Previous Judgments – Petitioner alleged respondent filed false affidavit leading to dismissal of her writ petition – Earlier courts found no basis for inquiry under Section 340 Cr.P.C. – Petitioner’s repeated attempts to re-litigate same issue deemed frivolous and misleading – Petition dismissed for lack of merit and non-disclosure of full facts [Paras 2-18].

Judicial Conduct – Clean Hands Doctrine – Petitioner concealed previous court orders and facts – Court emphasized that litigants with intent to deceive and mislead are not entitled to relief – Petition dismissed with costs imposed on petitioner for wasting judicial time during COVID-19 pandemic [Paras 17-19].

Decision – Petition Dismissed with Costs – Held – Petition dismissed as non-maintainable – Costs of Rs. 25,000 imposed to be deposited with Haryana Corona Relief Fund [Paras 18-19].

Medical Law – Organ Transplantation – Delay in Authorization – Petitioners challenged delay in obtaining necessary approvals for kidney transplant – High Court emphasized need for prescribed timelines under the Transplantation of Human Organs and Tissues Rules, 2014 – Absence of such timelines caused significant delays – Court directed establishment of clear timelines for processing applications, document verification, and scheduling of interviews – Petition allowed. [Paras 1-50]

Organ Transplantation – Right to Health – Timely decision-making critical for life-saving transplants – Court emphasized that delays in authorization processes can jeopardize patients' lives – Importance of maintaining integrity and effectiveness of transplantation protocols underscored – Right to health integral to right to life under Article 21 of the Constitution – Court called for expeditious and systematic decision-making. [Paras 38-42]

Judicial Review – Administrative Efficiency – High Court criticized administrative delays in organ transplant approval process – Directed Ministry of Health and Family Welfare to prescribe specific timelines for all steps in approval process – Recommended timely communication and documentation to prevent prolonged delays – Emphasized judicial oversight to ensure adherence to legal and ethical standards in organ transplantation. [Paras 43-50]

Decision:

Held: Writ petition allowed – Respondents directed to adhere to prescribed timelines for organ transplant approvals – Ministry of Health and Family Welfare to ensure proper communication and adherence to timelines – Petition disposed of. [Paras 48-50]

Specific Performance – Sale During Pendency of Suit – Violation of Injunction Order – Appeal Dismissed – The appellant, a purchaser pendente lite, challenged the Trial Court’s decree directing the execution of the sale deed in favor of the respondents/plaintiffs, despite an injunction order restraining the sale – The Court held that the sale executed by the appellant during the pendency of the suit violated the interim injunction and was illegal – The appellant’s appeal was dismissed on grounds of maintainability under Section 96(3) of the CPC, which bars appeals from consent decrees [Paras 16-36].

Consent Decree – Bar on Appeal – Section 96(3) CPC – The Court found that the impugned judgment of the Trial Court was a consent order, with both parties agreeing to the terms, including the payment of balance consideration by the plaintiffs – The appellant’s argument that it was not a consent order was rejected, as the order explicitly recorded the parties' consent [Paras 17-21].

Purchaser Pendente Lite – Effect of Transaction in Violation of Injunction – The Court held that the sale deeds executed by the appellant in violation of the injunction were illegal and void – Relying on the Supreme Court's decision in Vidur Impex and other cases, the Court reiterated that transactions violating injunction orders cannot be upheld [Paras 24-35].

Decision: The appeal was dismissed as not maintainable. The appellant was barred from challenging the consent decree under Section 96(3) of the CPC.

Criminal Law – Sexual Assault – POCSO Act – Determination of Victim’s Age – The appellant was convicted under Section 7/8 of the POCSO Act for sexual assault on a minor girl – The appellant argued that the age of the prosecutrix had not been correctly determined and that the scholar register alone was insufficient to prove the age – Court upheld the trial court’s reliance on the scholar register (Exhibit-P/6), showing the prosecutrix's date of birth as 09/10/2007, making her under 12 years of age at the time of the incident – Held: The prosecutrix was below 18 years and falls within the scope of a "child" under the POCSO Act – Conviction upheld Paras10−13.

Outraging Modesty of a Minor – Section 7/8 POCSO Act – The appellant contended that the sexual intent was not proven – Court held that the act of pressing the prosecutrix's chest and threatening her was sufficient to indicate sexual intent – Under Section 30(1) of the POCSO Act, the presumption of culpable mental state was applicable, and the appellant failed to prove the absence of such intent – Conviction under Section 7/8 of the POCSO Act was upheld based on the prosecutrix’s testimony and corroborative evidence Paras19−22.

Contradictions in Testimonies – Materiality in Criminal Cases – The appellant pointed out contradictions in the prosecution’s evidence, particularly in the testimony of the prosecutrix’s friend, who turned hostile – Court held that minor contradictions or omissions are not grounds to discard the testimony of the prosecutrix, who is considered an injured witness – In cases of sexual assault, the victim’s consistent testimony is of paramount importance and minor discrepancies do not affect the overall credibility Paras16−18.

Sentencing in POCSO Cases – Stringent Punishment Required – The appellant sought leniency in sentencing, arguing that the charges under Section 9/10 POCSO Act should have been applied due to the victim’s age – Court noted that although the charges were framed under Section 7/8, no remand was necessary for re-trial – The three-year sentence imposed under Section 7/8 POCSO Act was appropriate given the circumstances of the case and the appellant's conduct Paras24−26.

Decision: Appeal dismissed – Conviction and sentence of three years R.I. with a fine of Rs.1,000/- under Section 7/8 of the POCSO Act affirmed – Appellant to serve the remainder of his sentence  Paras27−28.

Interim Maintenance – Enhancement – Appeal against Family Court’s order – Both parties filed appeals, one for setting aside and the other for enhancement of interim maintenance – Family Court granted enhanced maintenance considering husband’s income and wife’s dependency – Appeal by husband dismissed, appeal by wife partially allowed, enhancing maintenance further [Paras 1-88].

Concealment of Income – Family Court’s findings – Husband concealed true income and assets – Attempts to mislead court documented – Appeal against this finding rejected [Paras 28-48].

Functus Officio – Family Court’s jurisdiction – Family Court can decide interim maintenance applications even after withdrawal of main divorce petition – Reliance on judicial precedents supporting this view – Husband’s contention rejected [Paras 18-23].

Maintenance for Adult Child – Application under Section 26 of HMA – Maintenance can be awarded to a child pursuing education even after attaining majority – Family Court’s grant of maintenance till the son attains age of 26 or becomes financially independent upheld [Paras 24-34].

Delay in Adjudication – Dilatory tactics by husband – Family Court noted and addressed undue delay caused by husband’s tactics – Impact on maintenance payments acknowledged [Paras 3, 11].

Decision:

MAT.APP.(F.C) 226/2018 by Husband dismissed with costs.

MAT.APP.(F.C) 120/2019 by Wife allowed to the extent of enhancing interim maintenance to Rs.1,45,000/- per month from 28^th February 2009 to 14^th July 2016, with interest.

Arrears and interest to be paid within eight weeks.

No bearing on pending Cr.P.C. Section 125 proceedings [Paras 62-61].

Interest on Delayed Payment of Gratuity – Rate of Interest –

Petitioner challenged the order directing payment of simple interest on delayed gratuity at 10% per the 1987 notification, arguing for application of the 7.1% rate per the 2022 notification – Court held the 1987 notification specifying 10% interest as valid and applicable – Misreading of Section 7(3A) of the Payment of Gratuity Act by petitioner noted – Court reiterated that the rate specified by the 1987 notification remains in force [Paras 5-9].

Statutory Provisions – Section 7(3A) of the Payment of Gratuity Act –

Employer must pay interest on delayed gratuity as notified by the Central Government – Court clarified that the 2022 notification concerning long-term deposits does not override the specific 1987 notification under the Payment of Gratuity Act – Correct interpretation and application of statutory notifications emphasized [Paras 7-9].

Decision:

All petitions dismissed – Court upheld the order directing payment of simple interest at 10% on delayed gratuity as per the 1987 notification – Petitioner’s claim for 7.1% interest rate rejected [Paras 9-10].

Criminal Revision Petition – Dismissal – Domestic Violence Act, 2005 - Marriage and Dowry Allegations – Respondent's claim of marriage in 2006 and dowry payment of Rs. 5 lakh. Assertion of domestic violence and harassment by the petitioner and his family, leading to the filing of a DV Act petition and a criminal case under Section 498A of IPC and the Dowry Prohibition Act. [Paras 2, 3]

Trial Court Findings – Conclusion of domestic violence under the DV Act. Order for the petitioner to pay Rs. 25,000 monthly maintenance, cover 50% of the child's educational expenses, and prohibition from committing domestic violence or interfering with the respondent's residence. [Paras 4]

Appeals and Re-Appreciation of Evidence – Dismissal of appeal by the First Appellate Court, upholding Trial Court's findings. [Para 4]

Petitioner's Contentions – Challenge on grounds of erroneous application of DV Act, questioning maintenance amount, and readiness to provide accommodation. [Paras 5, 6]

Respondent's Defense – Emphasis on petitioner's non-involvement at the time of the child's birth and continued domestic violence, justifying the need for DV Act's protection. [Para 7]

High Court's Observation – Confirmation of the Trial Court's decision, considering the petitioner's income and the necessity of maintenance and residence rights under DV Act. No substantial legal error found in the Trial Court's and First Appellate Court's decisions. [Paras 8, 9]

Decision:

Revision petition dismissed, upholding the orders of the Trial and First Appellate Courts. [Para 10]

Quashing of Cognizance and Summoning Order – Application under Section 482 Cr.P.C. – Applicant seeks quashing of order of cognizance and summoning dated 11.05.2015 in Case No.110 of 2015 – Allegations under Sections 406/323/504/506/34 IPC – Applicant contends that order lacks application of mind as his name was transcribed in the order but no cognizance was taken against him – Applicant argues that proceedings against him are an abuse of process of law – State argues that cognizable offence against applicant is made out – Court examines the legality of taking cognizance on a printed proforma without application of judicial mind – Court emphasizes the duty of Magistrate to apply judicial mind while taking cognizance – Court cites precedents highlighting the requirement of judicial application in summoning orders – Court observes that order lacks proper application of mind and is against settled judicial norms – Court quashes impugned cognizance and summoning order – Direction given to decide issue afresh within two months while adhering to judicial norms. [Paras 1-40]

Factual Background – Complaints were made by the petitioner under Sections 498A and 406 IPC against her husband and in-laws, alleging severe demands for dowry and subsequent physical and mental cruelty after her marriage in 1998 – The FIR was filed in December 2002 and charge-sheet filed in July 2004 – Magistrate took cognizance on the same day the charge-sheet was filed [Paras 2-3].

Quashing of Cognizance under Limitation Period – Criminal Miscellaneous Case – Delhi High Court sets aside Sessions Court judgment – Accused discharged from charges under Section 498A/34 IPC challenged – Held, the cognizance was not time-barred; period calculated from the date of filing the complaint, not the date of cognizance by the Magistrate – Following Supreme Court precedents, cognizance by Magistrate under Sections 498A/406 IPC valid despite delay in FIR registration. [Paras 12-18]

Role of Police Officer as Complainant – Analyzing bias against police officers in domestic violence cases – Held, the status of a complainant as a police officer does not negate the possibility of being a victim of domestic violence; stereotypes about professional toughness dismissed – Importance of impartial judicial assessment without bias reiterated. [Paras 24-30]

Gender Neutrality in Judicial Decision-Making – Discussed the need for gender neutrality in judiciary – Highlighted the misconception that women in authoritative roles cannot be victims of domestic abuse – Emphasized on judicial education to combat hidden biases and uphold gender neutrality in legal proceedings. [Paras 31-36]

Decision – Reinstatement of Charges – Delhi High Court reverses Session Court’s discharge of accused – Cognizance of charges under Sections 498A/34 IPC upheld – Case remanded back to the trial court for continuation of proceedings. [Paras 45-49]