Tax Law - Right to Appeal Under Section 39 - State's Right to Appeal – The petitioner challenged the Tribunal's decision dismissing their appeal under Section 39(2) of the Haryana General Sales Tax Act, 1973, as not maintainable and the subsequent review application – Court held that Section 39(2) does not limit the right of appeal to any particular person or party and includes the State – The existence of revisionary powers under Section 40 does not negate the right of appeal under Section 39(2) – Right to appeal under Section 39(7) against orders in revision does not preclude appeals under Section 39(2) – Petition allowed, Tribunal's orders set aside, and appeal restored for merit-based disposal. [Paras 5, 7, 8]

Judicial Principles - Interpretation of Appeal and Revision Provisions – The Tribunal erroneously concluded that the appeal was not maintainable by misinterpreting Sections 39 and 40 – Revisionary powers under Section 40(1) are distinct from the right to appeal under Section 39(2) – The Tribunal failed to recognize the State's right to appeal and misread the legislative scheme of the Act. [Paras 6-7]

Procedural Law - Review and Appeal Mechanisms – The Tribunal's denial of the State's appeal and review application was based on a restrictive interpretation of the Act – Court clarified that the appeal and revision are separate remedies and one does not exclude the other – The legislative intent was to provide a comprehensive appeal mechanism under Section 39. [Paras 6-7]

Decision: Petition allowed – Impugned orders of the Tribunal dated 12.08.2005 and 30.11.2007 set aside – Appeal before the Tribunal restored to file and directed to be disposed of on merits. [Para 8]

Contract Law – Recovery of Amount – Suit for Recovery – Contractor claimed recovery of ₹3,85,371/- comprising security deposit, earnest money, and payment for additional work completed under supplemental agreement – Trial Court decreed the suit – Appellants contended substandard work and deductions due to deficiencies – No evidence produced to prove alleged substandard work – Held: Plaintiff entitled to recovery of the amount as the defendants failed to substantiate their defense with credible evidence [Paras 15–19].

Interest on Recovery – Discretion of Court – Trial Court awarded interest at 12% per annum from date of suit till decree and 6% per annum thereafter – Appellate Court noted steep fall in bank lending rates – Reduced interest rate to 6% per annum from date of suit till realization – Held: Discretion under Section 34 CPC rightly exercised to award reasonable interest, modifying excessive rate granted by Trial Court [Paras 20–23].

Defendant’s Obligations – Withholding of Payments – Contractor completed work as per agreement and supplemental agreement – No evidence that amounts due under supplemental agreement were cleared – Withholding of ₹1,85,371/- as security deposit, ₹50,000/- as earnest money, and ₹50,000/- for Package No.3 Road work found unjustified – Held: Defendants failed to prove their claims of deficiencies or justification for withholding payment [Paras 14–17].

Quality Control Report – Unsubstantiated Allegations – Appellants relied on Quality Control Wing report alleging substandard work to justify deductions – Report not supported by cogent evidence or witness testimony – Held: Allegation of substandard work without evidence insufficient to defeat contractor’s claim [Paras 18–19].

Decision: Appeal partly allowed – Judgment and decree modified to reduce the rate of post-suit interest to 6% per annum – Principal sum of Rs. 3,85,371/- payable with interest from the date of filing the suit until realization – No costs awarded [Paras 24-25].
 

Criminal Law – Murder – Conviction Based on Eyewitness Testimonies – Reliability Questioned – Conviction challenged on the grounds of delay in lodging FIR and inconsistencies in prosecution evidence – Held: Delay of eight hours in filing the complaint and further delay in dispatching FIR to the Magistrate cast significant doubt on the prosecution's case – Contradictions between the testimonies of eyewitnesses (P.Ws. 4 and 9) regarding the number of accused involved, coupled with no injuries on P.Ws. 4 and 9, weakened the prosecution's claims – Conviction unsustainable [Paras 19, 26–29].

Delay in FIR – Implications on Prosecution Case – FIR filed eight hours after the incident despite the proximity of the police station – Held: Unexplained delay undermined the credibility of the complaint and indicated possible afterthoughts – Delay also observed in FIR reaching the Magistrate [Paras 10, 28].

Inconsistencies in Witness Testimonies – Impact on Conviction – P.W.4 identified six accused, while P.W.9 claimed 50 individuals attacked the deceased – Divergence in testimonies undermined the prosecution's version – Benefit of doubt granted [Paras 19, 29].

Decision: Conviction in S.C. No. 1 of 2012 dated 31.12.2016 set aside – Appellants acquitted of all charges – Bail bonds discharged [Paras 30–31].
 

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]