Civil Law - Specific Performance - Registration Act 1908 - Section 49 - Unregistered agreement of sale-cum-possession - Plaintiff filed suit for specific performance of possessory agreement of sale and later amended plaint for recovery of possession following alleged dispossession - Trial Court rejected marking of the document as exhibit for want of stamp duty and penalty - High Court upheld trial court order holding that levy of stamp duty depends on document recitals and description rather than subsequent pleadings of parties - Held - unregistered agreement of sale-cum-possession with delivery of property cannot be marked without adequate stamp duty and penalty - civil revision petition dismissed - [Paras 1-15].

Civil Law - Stamp Duty - Indian Stamp Act 1899 - Admissibility of document - Recitals of agreement of sale-cum-possession indicated delivery of property - Plaintiff argued document should be treated without possession due to subsequent dispossession and written statement denials - High Court ruled that stamp duty liability is determined by document nomenclature and recitals rather than party pleadings - Held - document cannot be marked even for collateral purpose unless sufficiently stamped - [Paras 11-13].

Decision: Civil revision petition dismissed – Docket order of the Court below affirmed – Interlocutory applications if any pending shall stand closed.

Civil Law - Court Fees - Commercial Courts Act 2015 - Section 12A - Rejection of Plaint - CPC Order VII Rule 11(d) - Refund of Court Fees - Applicant filed money suit without exhausting mandatory pre-institution mediation - Plaint rejected by Commercial Court under Order VII Rule 11(d) CPC for non-compliance with Section 12A - Rejection upheld by High Court Division Bench following Patil Automation - Applicant sought modification of High Court order to allow refund of court fees for filing fresh suit - Court analyzed relationship between Patil Automation and earlier SC decision in Dr. (Col.) Subhash Chandra Talwar - Noted that Patil Automation did not consider refund of court fees where proceedings fail on technical grounds - Held - Patil Automation is per incuriam only on the limited aspect of court fee forfeiture - Rejection for failure to undergo mediation is a procedural defect and not an adjudication on merits - Retaining court fees would operate oppressively as it would compel the litigant to pay twice for the same lis - Application allowed directing refund of court fees within three weeks - [Paras 1-36].

Civil Law - Doctrine of Precedent - Constitution of India - Article 141 - Per Incuriam - Binding Nature of Precedents - Bench noted that a subsequent decision of the Supreme Court rendered in ignorance of an earlier coordinate or binding precedent on the same point lacks precedential force to that extent - Patil Automation did not notice the earlier principle in Dr. (Col.) Subhash Chandra Talwar regarding refund of fees when a proceeding fails for technical or procedural reasons - Held - Observations in Patil Automation if construed to imply automatic forfeiture of court fees would run contrary to Talwar case - Decision in Patil Automation deemed per incuriam on the ancillary issue of retention of court fees - [Paras 14-19].

Civil Law - Refund of Court Fees - West Bengal Court Fees Act 1970 - Sections 18, 19 and 20(1) - Equity and Procedural Justice - Court fee is a consideration for a cause and where no valid suit exists in the eyes of law the retention of fee is contrary to the object of facilitating dispute resolution - Rejection under Order VII Rule 11(d) terminates a defective proceeding but does not extinguish the cause of action as per Order VII Rule 13 CPC - Held - Litigant ought not to suffer automatic forfeiture of court fee for a curable procedural defect - Principles analogous to Sections 18, 19 and 20(1) of the West Bengal Court Fees Act justify refund to prevent financial prejudice - [Paras 29-35].

Decision: Application allowed – Applicant held entitled to refund of court fees paid at the time of institution of the earlier suit before the Commercial Court – Competent authority directed to take necessary steps for refund within three weeks.

Writ Law - Medical Termination of Pregnancy - Constitution of India - Articles 21 and 226 - Minor rape victim - 15-year-old petitioner seeking termination of pregnancy at 26-28 weeks gestation - Petitioner victim of sexual assault - AIIMS Medical Board report confirming continuation of pregnancy likely to cause adverse psychological impact - Medical Board declared petitioner fit for procedure - State raising no objection to termination - MTP Act 1971 limiting termination to 24 weeks - Petitioner invoking Right to Life under Article 21 - Court observed that extraordinary jurisdiction of Constitutional Courts can be invoked where statutory remedies are unavailable particularly in cases of rape and grave mental injury - Held - Right to make decisions concerning one's body is an integral facet of personal liberty and privacy - Continuation of unwanted pregnancy resulting from rape causes grave trauma both mentally and physically - Termination of pregnancy allowed despite exceeding statutory limits - [Paras 1-14].

Writ Law - Reproductive Autonomy - Constitution of India - Article 21 - Decisional Autonomy - Choice of pregnant woman over interest of unborn child - Court held that no court should compel a minor child to carry a pregnancy to full term against her express will - Such compulsion disregards decisional autonomy and inflicts irreversible consequences - Reproductive choice is a fundamental right - Held - The woman herself is best placed to evaluate personal circumstances - Lack of statutory remedy under the MTP Act does not bar constitutional relief - Decisional autonomy and bodily integrity are integral facets of fundamental rights - [Paras 11.1-13].

Decision: Petition allowed - Petitioner permitted to undergo medical termination of pregnancy at AIIMS New Delhi - AIIMS directed to preserve foetal tissue for DNA testing required for the registered criminal case - State (GNCTD) directed to bear all medical and post-operative expenses - Specific directions issued for neonatal care in case of live birth and subsequent adoption procedure - [Paras 14-16].

Writ Law - Termination of Law Officers - Constitution of India - Articles 14 and 226 - Orissa Law Officers Rules 1971 - Rule 6 - Petitioners were appointed as Law Officers for Ganjam district vide notification dated 08.01.2024 - State Government subsequently amended Rule 6 on 05.08.2025 empowering the government to terminate any law officer before the expiry of the three-year tenure - Impugned notifications dated 24.12.2025 terminated petitioners with immediate effect and appointed a fresh set of Law Officers - Petitioners alleged violation of natural justice and arbitrariness due to lack of show-cause notice and fixed tenure - State contended that appointments were explicitly until further orders and the amended Rule 6 permitted such termination - Court found that the appointment order clearly stipulated that engagement was until further orders and was subject to the State's discretionary direction - Held - Petitioners have no vested right to continue for the full term of three years when the appointment is conditional and Rule 6 allows termination before expiry of tenure - [Paras 1-6.7].

Writ Law - Nature of Professional Engagement - Constitution of India - Article 14 - Orissa Law Officers Rules 1971 - Advocate-Client Relationship - Court examined the status of Law Officers vis-a-vis statutory public offices - Relying on Johri Mal and Rakesh Kumar Keshari judgments the Court observed that the engagement of Government Counsel is primarily a matter of trust and confidence between the State and its chosen advocate - Court noted that Rule 34 vests administrative control with the District Collector but the rules are procedural and do not confer statutory status under Article 309 - Held - A Law Officer does not hold a statutory public office and the relationship is purely that of advocate and client arising out of professional engagement - State is entitled to select its own counsel and no formal notice is required prior to termination - [Paras 4.8-6.6].

Decision: Writ petitions dismissed – No interference with the termination and fresh appointment of Law Officers found necessary.

Civil Law - Interim Measures - Arbitration and Conciliation Act 1996 - Section 9 - Disclosure of assets post-award - Appellant as successful claimant obtained arbitral award for Rs. 38,24,887 - Respondent failed to challenge award under Section 34 - Appellant filed Section 9 petition seeking direction on respondent to disclose assets under Form 16A Appendix E of CPC - Commercial Court dismissed petition holding award had become enforceable under Section 36 and no exceptional circumstances were shown for post-award interim protection - High Court observed that Section 9 clause 1 unequivocally allows interim applications after the making of the award but before it is enforced - Distinction drawn between the terms enforceable and enforced - Enforced implies culmination of proceedings while enforceable refers to a process in continuum - Held - Commercial Court's requirement for exceptional circumstances was bereft of statutory basis - Section 9 is a step in aid of enforcement to prevent the award from becoming a paper decree - Impugned order set aside - [Paras 1-53].

Civil Law - Statutory Interpretation - Arbitration and Conciliation Act 1996 - Section 9 and Section 36 - Overlap of remedies - Commercial Court held Section 9 is unavailable once award becomes enforceable under Section 36 - High Court held Section 36 is not in derogation of Section 9 - Section 9 window continues until the award is actually enforced - Absence of prescribed limitation for enforcement in A&C Act leaves award-holders vulnerable to asset depletion by award-debtors - Held - Section 9 is a standalone enabling provision intended to safeguard the fruits of proceedings until final realization - [Paras 15-36].

Civil Law - Procedure - Telangana High Court Appellate Side Rules - Rule 60(1) - Service of notice via email - Notice sent via speed post returned with endorsement addressee left without instructions - Appellant served notice to seven email addresses used during arbitral proceedings - Held - Service via electronic mail is accepted as sufficient proof of service under Rule 60(1) - [Paras 4-9].

Evidence Law - Disclosure of Assets - Code of Civil Procedure 1908 - Form No. 16A of Appendix E - Post-award stage - Appellant sought disclosure of assets to prevent alienation - High Court noted that Order XXI CPC does not provide for interim protections during execution - Section 9 fills this gap - Held - Directing disclosure of assets is not punitive but enables the award-holder to take appropriate measures to restrain future alienation - [Paras 48-51].

Decision: Appeal allowed – Order dated 31.03.2026 passed by the Commercial Court at Hyderabad in COP No. 6 of 2026 is set aside – Section 9 petition for disclosure of assets restored.

Writ Law - Public Interest Litigation - Constitution of India - Article 226 - Bona fides of Petitioner - Petitioner as President of a political youth front filed PIL against Respondent No. 9 alleging unauthorized constructions - During pendency the petitioner filed a not-press memo to withdraw the matter - Co-ordinate Bench doubted the credentials of the petitioner and appointed Amicus Curiae to ascertain if the proceedings amounted to an abuse of PIL jurisdiction - Affidavits from District Collector and Panchayat Secretary revealed that the institution had been directed to regularize constructions and had rectified defects to obtain fitness certificates - Held - Since statutory authorities initiated appropriate action within the framework of law and remedial steps were taken - no further directions required - PIL closed - [Paras 1-8].

Writ Law - Maintainability and Credibility - Constitution of India - Article 226 - Future Litigations - Court observed the silence of the petition regarding other unauthorized constructions in the locality and the sudden withdrawal - Direction issued that this order shall be taken into account for assessing the maintainability and credibility of any future PIL instituted by the same petitioner - Held - Petitioner directed to annex and disclose this order in any future filings failing which such petitions shall not be accepted - [Para 7].

Administrative Law - Local Self Government - Kerala Panchayat Raj Act - Building Rules - Regularization of Construction - District Administration and Grama Panchayat initiated proceedings against unauthorized constructions - Assistant Engineer conducted measurements and identified defects - Respondent institution carried out necessary repairs and maintenance - Subsequent inspection confirmed rectification of defects - Held - Grant of fitness certificates by the competent authority after compliance with statutory requirements and building rules renders the grievance in the PIL redundant - [Paras 4-6].

Decision: PIL closed – No order as to costs – Registry directed to make appropriate endorsements regarding petitioner's credentials for future reference.

Civil Law - Tort - Electrocution Death - Strict Liability - M.P. Electricity Board challenged Trial Court decree awarding compensation of Rs. 4.45 Lakh to legal heirs of deceased who died on the night of 17.11.2010 after coming in contact with a bare wire illegally pulled by Respondent No. 5 from the Board's pole to his farm - Appellant argued no negligence as the theft occurred in the dead of night making patrolling impossible - High Court examined spot map Ex. P-8 which showed illegal wires extended 750 metres from the pole - Court observed that pulling wires over such a distance constitutes a planned attempt of theft that could not have happened in a single night - Board failed to register a theft case or demonstrate reasonable care in monitoring its supply system - Held - Electricity is a dangerous commodity attracting the principle of strict liability - Negligence of the supplier is not required to be proved if the accident occurs by leakage or pilferage - The supplier bears primary liability to compensate for foreseeable risks inherent in the hazardous activity - Trial Court judgment and decree confirmed - Appeal dismissed - [Paras 1-12].

Civil Law - Tort - Exceptions to Strict Liability - Act of Stranger - Appellant Board sought to evade liability by citing the act of a third party who illegally tapped the electricity line - Held - Exception of act of stranger under Rylands v. Fletcher is not available when the act could have been reasonably anticipated or its consequences prevented by the supplier - High degree of care is expected from a public utility dealing with dangerous commodities - Board failed to establish any exception to strict liability - [Paras 11-12].

Decision: Appeal dismissed – Judgment and decree dated 20.03.2018 passed by the Trial Court confirmed – No order as to costs.

Criminal Law - Narcotics - Narcotic Drugs and Psychotropic Substances Act 1985 - Section 50 - Mandatory compliance during body search - Accused intercepted by police during patrol - Detecting officer conducted body search and noticed a bulge in the front pocket of the accused - Accused directed to remove the item which was found to be 52.45 grams of MDMA - Prosecution argued Section 50 compliance unnecessary as accused voluntarily handed over the item - Court observed that the contraband was seized after a body search was initiated and the detection of the bulge occurred during said search - Held - When a body search is conducted it is mandatory to comply with Section 50 of the NDPS Act - Prosecution admitted non-compliance - Search and seizure held to be vitiated - [Paras 1-6].

Criminal Law - Bail - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 483 - Rigour of Section 37 NDPS Act - Impact of procedural violation - Seizure of commercial quantity of MDMA - Finding of non-compliance with Section 50 of the NDPS Act - Court held that due to the total violation of mandatory search procedures the rigour of Section 37 of the NDPS Act cannot be attributed to the applicant - Applicant in custody since 12.07.2025 - Continued detention found unnecessary for investigation - Held - Bail application allowed with conditions - [Paras 4-6].

Decision: Application allowed – Petitioner granted bail on executing a bond of Rs. 1,00,000/- with two solvent sureties – Directed to cooperate with investigation and appear before the investigating officer every Saturday – Prohibited from tampering with evidence or leaving the State without permission.

Criminal Law - Acquittal - Indian Penal Code 1860 - Sections 332, 504 and 506(2) - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 - Section 3(1)(10) - State challenged the judgment of the Special Judge Patan acquitting the respondent of assaulting a rent collector and using caste-based slurs - Prosecution alleged that on 15.09.2009 the accused assaulted the complainant over a previous grudge related to rent collection - High Court noted material contradictions in the testimony of PW-4 who claimed to be an eye-witness but admitted reaching the spot fifteen minutes after the incident - PW-2 did not support the prosecution version - Investigating Officer PW-6 admitted failing to record statements of independent shop owners present at the scene - Trial Court found the FIR to be concocted due to delay and lack of corroboration - Held - The prosecution miserably failed to prove the charges beyond reasonable doubt - Trial Court assigned cogent and sufficient reasons for disbelieving the case - No manifest illegality found in the acquittal - Appeal dismissed - [Paras 1-18].

Criminal Law - Caste Based Insult - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 - Section 3(1)(10) - Essential Ingredients - Abusive words must be uttered in a public place within public view with specific intent to insult a person on the basis of community - Prosecution must lead satisfactory and cogent evidence to prove these ingredients - In the present case the evidence was silent on the aspect of public view and intent - Witnesses did not support the allegation of abusive words used with intent to insult - Held - Offence under the Atrocity Act not established - [Paras 11-14].

Evidence Law - Appellate Power - Code of Criminal Procedure 1973 - Section 378 - Re-appreciation of Evidence in Acquittal Appeals - Presumption of Innocence - Every person is presumed innocent until proven guilty and such presumption is reinforced by an order of acquittal - Appellate Court should not interfere with the trial court finding even if two reasonable conclusions are possible - Interference is permissible only if the lower court approach is vitiated by manifest illegality or perversity - Appellate Court has power to review and re-appreciate evidence but must show firm and weighty grounds to discard the trial court's reasoning - Held - Findings of the trial court were sustainable on facts and law - [Paras 12-17].

Decision: Appeal dismissed – Judgment and order of acquittal passed by the Trial Court confirmed – Bail bond stands cancelled.