Temporary Injunction – Rejection – Lack of Prima Facie Case, Balance of Convenience, Irreparable Loss – The appellant challenged the trial court's order dismissing her application for a temporary injunction. The appellant claimed a strong prima facie case, balance of convenience, and irreparable loss in her favor, arguing that the land was purchased from the income of joint business, and the mutation was fraudulently obtained by the respondent. The trial court had dismissed the application citing lack of possession by the appellant and the significant delay in challenging the mutation. The High Court upheld the trial court's decision, emphasizing that without possession and a timely challenge to the mutation, no prima facie case was established. [Paras 1-26]

Analysis – Civil Court Jurisdiction – ‘Hiba’ under Muslim Law – The appellant's arguments regarding the wrongful mutation based on ‘hiba’ (gift) were rejected, as affidavits supporting ‘hiba’ were not rebutted by the appellant. The court held that civil courts could not adjudicate on matters pertaining to revenue records without a declared khatedari right. The trial court’s reliance on the judgment in Pyarelal v. Shubhendra Pilania was deemed appropriate, establishing that civil suits without a declaration of khatedari rights are not maintainable. [Paras 5-18]

Decision – Appeal Dismissed – The High Court dismissed the appeal, holding that the trial court had not erred in rejecting the temporary injunction application. The appellant's failure to prove possession and the significant delay in challenging the mutation were decisive factors. The appellant was advised to seek appropriate relief in the revenue court. [Paras 26-27]
 

Personal Injury Compensation - Motor Vehicle Accident - Assessment of compensation for injuries sustained in a road accident - Claimant suffered multiple fractures to the left ankle, underwent surgeries, and incurred medical expenses - Claimant's income assessed based on income tax return prior to the accident - Assessment of permanent physical disability and future loss of earnings - Award for pain and suffering, transportation charges, attendant charges, and loss of amenities of life - Interest awarded from the date after 30 days of injury - Appeals by claimant and insurance company dismissed, as compensation awarded by the Tribunal upheld. [Para 1-23]

Criminal Law – POCSO Act – Applicability – The appellant argued that incidents of sexual harassment and assault occurred either before the enforcement of the POCSO Act or after the prosecutrix attained majority – Held, incidents in 2011 occurred before the POCSO Act, but continued harassment in 2012 and 2013 fell within its purview – Appeal dismissed [Paras 1-52].

Sexual Harassment – Repeated Incidents – Detailed Testimony – The prosecutrix's detailed testimony about repeated incidents of harassment was considered credible despite the appellant’s claims of improvements in her statements – Court found her deposition consistent with the evidence [Paras 24-34].

Delay in FIR – Context of Reluctance – Delay of over a month in filing the FIR explained by the prosecutrix's hesitation and the sensitive nature of the allegations against her mother and close relative – Court accepted her explanation as reasonable under the circumstances [Paras 43-44].

Applicability of Section 42 of POCSO Act – Overlapping Offences – Section 42 of POCSO Act mandates greater punishment between IPC and POCSO for overlapping offences – Trial court erred in convicting under both Section 354A IPC and Section 8 POCSO Act – Conviction under Section 354A IPC set aside [Paras 49-51].

Decision: Appeals and revision petition dismissed – Conviction and sentences upheld except for the setting aside of the conviction under Section 354A IPC due to overlap with POCSO Act [Para 52].

Will – Registration – Validity – Whether a will is invalid if signed by the testator and attesting witnesses before an official rather than the Registrar – Court held that although ideally, the signatures should be obtained before the Registrar, the will is not invalidated solely on this ground – Registration of a will is not compulsory, and the execution of the will was otherwise duly proved – Appellate court’s finding that the will was surrounded by suspicious circumstances reversed [Paras 1-23].

Joint Hindu Family Property – Proof – Whether mere joint residence and common ration card prove property is Joint Hindu Family property – Court held that these factors alone are insufficient to establish the property as Joint Hindu Family property – Plaintiff failed to prove the property was ancestral – Appellate court’s findings based on insufficient evidence set aside [Paras 24-32].

Decision – Appeal Allowed – Held – Suit filed by the plaintiff is dismissed – Findings of the appellate court reversed on both substantial questions of law [Paras 33].

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.

Civil Procedure – Amendment of Plaint – Application under Order VI Rule 17 CPC – Amendment allowed to correct typographical errors and include additional facts – High Court considered amendments necessary for proper adjudication of the controversy – Amendments included correction of receipt date, addition of payment details, and challenge to a Sale Deed executed after the original suit was filed – Court applied a liberal approach in allowing the amendment as trial had not yet commenced – Limitation challenge to the Sale Deed to be determined during trial [Paras 1-5, 38-43].

Limitation and Knowledge – Amendment related to Sale Deed challenge – Plaintiff sought to amend the plaint to challenge a Sale Deed executed in favor of new defendants (added later in the case) – Plaintiff claimed to have been unaware of the Sale Deed at the time of filing the original suit – High Court noted that the issue of limitation would be determined based on evidence after the amendment was allowed – Liberal approach to amendment upheld in view of ongoing pre-trial stage [Paras 4, 41-42].

Decision – Amendment Application Allowed – Held – The application for amendment was allowed considering that the amendments sought were necessary for resolving the real issues in controversy – The amendments did not alter the nature of the suit or prejudice the defendants – The amended plaint was accepted by the Court, with directions for subsequent pleadings to be filed within stipulated timeframes [Paras 44-48].