Criminal Law – Inclusion of POCSO Charges – Petitioner challenged the rejection of her application for addition of Section 12 of the POCSO Act – Case initially filed under Sections 363 and 366A IPC for enticement of minor daughter – Trial Court dismissed inclusion of POCSO charges citing lack of sufficient material – High Court upheld the dismissal, confirming no evidence supporting POCSO charges [Paras 1-9].

Criminal Procedure – Section 216 Cr.P.C. – Court’s Power to Alter Charges – The Court may alter or add charges at any time before judgment – Requirement for material evidence to justify such alterations emphasized – High Court found no materials warranting the addition of Section 12 POCSO charges, supporting the Trial Court’s decision [Paras 6-8].

Facts of the Case – Victim enticed by accused, later married and living together – State submitted that the couple now leads a conjugal life – Victim was 13 years old at the time of offense – High Court noted lack of material evidence to support POCSO charges – Current charges under Sections 363/366A IPC deemed appropriate [Paras 2-4, 8].

Decision – Revision Application Dismissed – High Court dismissed the application for addition of POCSO charges – Directed return of case diary to the State’s counsel – No interference with lower court’s order required [Para 10-14].

Trademark Law – Cancellation – Procedural Error – Appellant sought cancellation of respondent's trademark ‘CLARIWASH’ on grounds of deceptive similarity and procedural errors in the examination report – Claimed prior use of ‘CLARI’ formative trademarks – Trial court dismissed cancellation petition – On appeal, High Court held procedural errors alone insufficient for cancellation unless registration violates substantive provisions of the Act – No deceptive similarity found between ‘CLARIWASH’ and appellant’s trademarks ‘CLARI-FI’ and ‘CLARIMOIST’ – Appeal dismissed [Paras 1-45].

Trademark Similarity – Examination of Competing Trademarks – Marks must be considered as a whole – Appellant's claim of family of ‘CLARI’ formative trademarks not established at material time – No prima facie similarity between ‘CLARIWASH’ and appellant’s trademarks [Paras 30-37].

Decision: Appeal dismissed – No grounds to interfere with the trial court's judgment – Registration of respondent's trademark upheld – Pending applications disposed of [Paras 43-45].

Criminal Law – Bail – Dowry Death – Petitioner sought bail in case registered for dowry harassment and death – FIR based on statements from deceased’s family alleging dowry demands and harassment – Charge-sheet filed, petitioner in custody for over a year – No evidence of petitioner’s ability to tamper with evidence or threaten witnesses – Bail granted with conditions to ensure petitioner’s availability for trial and prevent tampering with evidence [Paras 1-16].

Bail Conditions – Bail granted subject to furnishing security, attendance at police station, and non-interference with witnesses – Conditions imposed to mitigate risk of absconding and ensure trial proceedings are not hindered [Paras 14-16].

Decision: Bail granted – Petitioner to furnish security of ₹50,000 with two sureties – Petitioner not to leave NCT of Delhi without court permission – Regular attendance at police station mandated – Non-interference with witnesses and trial proceedings ensured through stringent conditions [Paras 14-16].

Interim Maintenance – Property Ownership Not Determinative – Petitioner, despite owning a gifted two-storied building, lacks independent income – Magistrate erroneously concluded property alone suffices for maintenance – Gifted property does not negate husband’s statutory obligation to provide maintenance if wife lacks her own income – Claim for interim maintenance justified and allowed [Paras 1-6].

Husband’s Income – Liability to Maintain – Opposite party no. 1’s take-home salary considered – Even with existing liabilities, sufficient income demonstrated to grant interim maintenance – Opposite party no. 1 directed to pay Rs. 5,000/- per month to petitioner from the date of application under Section 23(1) – Arrears to be cleared in 40 equal installments [Paras 5-8].

Ex Parte Decision – Opposite party no. 1 failed to appear despite proper service – Case heard and decided ex parte – Petitioner’s entitlement to interim maintenance affirmed [Paras 3, 7].

Decision: Criminal Revisional Application allowed – Interim maintenance of Rs. 5,000/- per month awarded – Opposite party no. 1 to pay arrears in 40 equal installments – Order by Magistrate set aside, interim order vacated [Paras 6-12].
 

Criminal Law – Negligent Driving – Petitioner convicted under Section 304-A IPC and relevant sections of the Motor Vehicles Act for causing death by negligent driving – Trial court and appellate court affirmed conviction – Revision court considered the petitioner's age, lack of mens rea, and absence of antecedents – Highlighted the potential of the petitioner’s future being ruined by the conviction stigma – Applied the doctrine of res ipsa loquitur, supporting the prosecution [Paras 1-17].

Probation of Offenders Act – Applicability – Court analyzed the application of Section 4 of the Probation of Offenders Act – Emphasized the discretion of courts to apply probation in cases involving young, first-time offenders with bright futures – Cited relevant precedents where probation was granted in similar circumstances [Paras 12-17].

Res ipsa loquitur – Doctrine Application – Prosecution's case supported by the doctrine, indicating the accident speaks for itself regarding the petitioner’s negligence – Both courts established petitioner’s negligent driving was the cause of death [Paras 10-11].

Decision: Criminal revision application partly allowed – Conviction maintained, but sentence suspended with the petitioner released on probation for one year – Petitioner to enter into a bond for maintaining peace and good behavior – Fine paid under Motor Vehicles Act forfeited to the government; fine under Section 304-A IPC to be paid to the legal heirs of the deceased [Para 17].

Disciplinary Proceedings – Non-Issuance of First Show-Cause Notice – Deceased employee dismissed from service after prolonged unauthorized absence – Disciplinary authority failed to issue the first show-cause notice along with the enquiry report as mandated by Rule 15(10) of the OCS (CCA) Rules, 1962 – High Court quashed the dismissal order due to procedural lapses and violation of principles of natural justice – Petitioner held entitled to notional service benefits and family pension [Paras 4-7].

Judicial Review – Scope and Interference – Court emphasized that judicial review is concerned with the decision-making process and not the merits of the decision – Interference justified where procedural rules and natural justice principles are violated – High Court directed the release of pensionary benefits within three months [Paras 4.9-4.17].

Decision – Writ Petition Allowed – Held – Orders of dismissal and subsequent appellate confirmation quashed – Deceased employee deemed to have continued in service notionally till superannuation – Petitioner entitled to pension and pensionary benefits [Para 8].

Bail – NDPS Act – Non-Compliance with Section 42 – Allegation of Recovery of 150 Kg Poppy Husk – Petitioner argues non-compliance with mandatory provisions of Section 42 NDPS Act – Custody since January 5, 2023 – Right to speedy trial emphasized – Custody certificate indicates over 18 months in detention – Bail granted with conditions [Paras 1-10].

Right to Speedy Trial – Article 21 – Prolonged Pre-Trial Detention – Reference to Supreme Court rulings emphasizing the right to speedy trial as part of fair and just procedure under Article 21 – Case references: Hussainara Khatoon, Abdul Rehman Antulay – Bail granted considering prolonged custody and delay in trial [Paras 7-8].

Decision: The petition for regular bail is allowed. The petitioner is ordered to be released on regular bail upon furnishing adequate bail/surety bonds to the satisfaction of the trial court/duty magistrate. Conditions include non-tampering with evidence, non-intimidation of witnesses, regular court appearance, and non-commission of similar offenses. Breach of any condition will lead to prosecution's liberty to apply for bail cancellation [Paras 6-11]​​.

Criminal Procedure – Interim Maintenance – Challenge to interim maintenance order of Rs. 7,500/- (Rs. 4,000/- to respondent no.2 and Rs. 3,500/- to respondent no.3) granted by Family Judge – Revisionist’s claims of sufficient maintenance already being paid under Domestic Violence Act – Court considered financial obligations and rejected plea of loan repayment as grounds for reduction – Interim order upheld despite lack of detailed reasoning – Revision dismissed in limine [Paras 1-10].

Maintenance Obligations – Assessment of Financial Capacity – Revisionist’s assertion of Rs. 28,000/- salary and existing maintenance payments of Rs. 5,000/- under Domestic Violence Act considered – Court determined interim maintenance amount reasonable, not excessive – Loan obligations not deemed sufficient to reduce maintenance amount [Paras 6-9].

Decision – Revision Dismissed – Held – Order for interim maintenance of Rs. 7,500/- upheld – No interference warranted in the impugned order [Para 10].

Registration of Sale Deed – Legal Requirements and Judicial Review:

Appeals challenging the Single Judge’s decision to set aside the refusal of registration of a sale deed – Registration barred under Section 22-A of the Indian Registration Act, 1908 – Requirement of presenting the record of rights – Dispute over title and possession of land – Need for proper adjudication of title issues in civil court – Writ petitions under Article 226 not appropriate for resolving complex factual disputes over title [Paras 1-60].

Alternative Remedy – Section 77 of the Registration Act:

Statutory remedy under Section 77 of the Registration Act provides for filing a suit in civil court against refusal to register – Writ petitions should not bypass statutory remedies – Exceptionally wide powers under Article 226 should be exercised with restraint, especially when statutory remedies are adequate and available [Paras 46-53].

Documentary Evidence and Procedural Compliance:

Importance of fulfilling procedural requirements for registration – Affidavits and supporting documents must adhere to prescribed formats – Registering authority’s duty to verify compliance with legal requisites including correct stamp duty and adjudication of power of attorney [Paras 35-36, 56].

Dispute Resolution – Civil Court Jurisdiction:

Title disputes involving complex facts should be adjudicated by civil courts – Registration authorities cannot conclusively determine title – Observations made in judicial orders should not be construed as final determination of rights or title over disputed property [Paras 53, 58].

Decision:

Impugned judgment and order of the Single Judge set aside – Writ appeals allowed – Parties directed to present fresh instruments for registration upon rectifying deficiencies – No costs [Paras 57-61].