Criminal Law – Gang Rape – Accused convicted for gang rape, robbery, and destruction of evidence – Trial court's judgment affirmed by High Court – The incident involved the accused posing as forest officers, demanding money, and subsequently committing rape – Identification of accused was corroborated by DNA evidence and eyewitness testimony [Paras 1-27].

Identification Parade – Conduct and Reliability – Victim and her companion identified the accused in a test identification parade conducted shortly after the incident – Court accepted the identification despite minor procedural lapses, emphasizing the credibility of the victim's testimony and corroborative evidence [Paras 17-20].

Medical and DNA Evidence – Medical examination of the victim conducted within hours of the incident confirmed sexual assault – DNA analysis linked the accused to the crime, providing crucial corroborative evidence [Paras 19-23].

Common Intention – Section 34 IPC – Court held that the actions of all accused, including those who restrained the victim's companion, demonstrated a common intention to facilitate the crime – Conviction under Section 376-D IPC upheld for all accused [Paras 24-25].

Decision – Appeals dismissed – Convictions and sentences affirmed – Court highlighted the importance of corroborative evidence in upholding the credibility of victim's testimony in sexual assault cases [Para 27].
 

Easementary Rights – Implied Grant – Plaintiff sought declaration for the right to use a common staircase to access the terrace above his shops – Trial court granted partial relief, limiting access to the first floor – Appellate court extended rights to include terrace access – High Court upheld the appellate court’s decision, emphasizing implied grant and easement of necessity under Indian Easements Act [Paras 1-37].

Transfer of Property – Section 8 of Transfer of Property Act – High Court affirmed that all rights of the vendor were transferred to the plaintiff, including the right to use the staircase for terrace access – Restriction imposed in subsequent sale deed to defendant not binding on the plaintiff [Paras 30-36].

Decision: Second Appeal Dismissed – Lower Appellate Court’s decree affirmed – Plaintiff entitled to use common staircase to access terrace – No costs [Paras 37].

Workmen’s Compensation – Quantum of Compensation – Deceased workman was employed as a driver and died in a road accident – Compensation awarded based on minimum wages under G.O.Ms.No.58 dated 09.04.1991 – Evidence from the employer suggested a higher salary – High Court enhanced compensation to reflect actual salary as stated by the employer [Paras 1-13].

Principle of Just Compensation – Application in Workmen’s Compensation – Court emphasized the importance of providing just compensation and not merely relying on minimum statutory wages – Compensation can be enhanced even if the appeal is filed only by the insurance company [Paras 7-13].

Decision: Civil Miscellaneous Appeal Disposed of – Held:

Revised compensation payable to claimants enhanced to Rs. 3,25,365/- based on actual salary – Differential amount of revised compensation to be deposited within 30 days along with statutory interest – No costs awarded [Paras 12-13].

Registration Act – Section 68(2) – Superintendence Powers – Petitioner contested the cancellation of sale deeds by the District Registrar, asserting misuse of power without proper inquiry – High Court found the Registrar’s actions arbitrary and lacking legal foundation – Orders quashed [Paras 1-4, 6-9].

Registration Act – Section 77-A – Misuse of Authority – District Registrar re-cancelled the sale deeds based on a subsequent complaint despite an appellate directive to resolve the matter in civil court – High Court condemned this as misuse of power and directed disciplinary action against the Registrar [Paras 6-8].

Fraud vs. Forgery – Legal Distinctions – Court differentiated between fraud and forgery, emphasizing that allegations of fraud require detailed pleading and proof in civil proceedings – Impugned order found to be without sufficient legal basis [Para 6].

Decision – Writ Petition Allowed – Impugned order set aside – Directed parties to seek remedies in civil court – Directed Inspector General of Registration to initiate disciplinary proceedings against the District Registrar [Paras 7-9].

Public Interest Litigation – Construction and Management of Cattle Pounds – Petitioner seeks direction for the construction and maintenance of cattle pounds with requisite infrastructure to confine stray animals – State of Punjab, in response, submits status reports highlighting existing measures, financial assistance to Gaushalas, and relevant By-laws – Court concludes that the State’s measures address the petitioner’s concerns, emphasizing the need for adherence to By-laws to mitigate accidents and injuries caused by stray cattle [Paras 1-4].

Urban Local Bodies – Implementation of By-laws – Affidavits by Haryana and U.T. Chandigarh detail measures taken, including construction of cattle pounds, imposition of fines, and vaccination programs – Court recognizes these steps as sufficient redressal, with an advisory for States to consider uniform By-laws to enhance efficacy in handling stray cattle issues [Paras 5-9].

Decision – Writ petitions disposed of – Court mandates strict adherence to By-laws by State Authorities to ensure safe urban environments – States encouraged to adopt best practices from other jurisdictions for uniformity in stray cattle management [Paras 4, 9].

Protection of Life and Liberty – Minor’s Right to Choose – Petition filed under Article 226 by a minor girl seeking protection from family coercion after refusing arranged marriage – Father (Respondent no. 4) evicted minor from home, used physical violence – Representation to police ignored – High Court directs police to consider threat perception and provide protection if needed – Child Welfare Committee to ensure minor’s safety – Court acting as parens patriae emphasized necessity of protecting minor’s interests and legal compliance [Paras 1-13].

Procedure under Juvenile Justice Act – Child Welfare Committee’s role – Directed to report compliance and protect minor – Emphasized importance of procedural adherence to safeguard minor’s rights [Paras 9-12].

Decision- Petition disposed of with directions to the Senior Superintendent of Police, Amritsar, to consider the representation and provide protection if threat is perceived – Minor to be produced before Child Welfare Committee if necessary – Compliance report required within two months [Paras 8-14].

Civil Procedure – Addition of Parties – Petitioners challenged the order of the Appellate Court allowing the application under Order 1 Rule 10(2) read with Section 151 CPC for addition of parties – Contention that the Appellate Court did not properly consider the facts and circumstances – Petitioners argued the order was passed mechanically without due inquiry – High Court referred to the distinction between jurisdiction under Articles 226 and 227 as laid out in Radhey Shyam v. Chhabi Nath, highlighting that judicial orders of civil courts are not amenable to writ jurisdiction under Article 226 – High Court directed petitioners to convert the writ petition into a Civil Miscellaneous Petition [Paras 1-5].

Jurisdiction under Articles 226 and 227 – Judicial Orders of Civil Courts – High Court reiterated the principles from Radhey Shyam v. Chhabi Nath, emphasizing that judicial orders of civil courts are not subject to writ jurisdiction under Article 226 – Clarified the scope of supervisory jurisdiction under Article 227 – Referred to amendments in the Rules of the High Court at Patna post Radhey Shyam judgment – High Court allowed two weeks for conversion of the writ petition into a Civil Miscellaneous Petition [Paras 3-5].

Decision – Writ Petition Conversion – Held – Petitioners granted time to convert writ petition into Civil Miscellaneous Petition – Registry directed to assist in expediting the process – Case to be listed on priority after conversion [Para 5].

Surplus Land – Permissible Area – Non-utilization – The Court held that the land declared as surplus cannot be utilized by the State until the permissible area and surplus area of the plaintiff have been separated and distinctively identified as per Section 14(1) of the Haryana Ceiling on Land Holdings Act, 1972. The proceedings under the Punjab Security of Land Tenures Act, 1953, must first be completed before declaring any land as surplus under the 1972 Act [Paras 14-17].

Pending Proceedings – Separation of Shares – The Court noted that the holding of the plaintiff, her father, and other co-sharers is still joint, and the permissible area and surplus area have not been separated. The State is directed to complete the proceedings under the 1953 Act regarding the declaration of land as surplus and then proceed under the 1972 Act by considering the plaintiff as an independent unit due to her marriage [Paras 14-17].

Civil Court Jurisdiction – The Court confirmed that the civil court has jurisdiction in this matter, as per the precedent set by the Five Judge Bench judgment in State of Haryana and others vs. Vinod Kumar and others, 1986 (1) PLR 222 [Para 10].

Injunction Against Dispossession – An injunction is issued restraining the State from dispossessing the plaintiff from the land transferred to her by her father until the proper legal proceedings are completed and specific surplus land is identified [Paras 16-17].

Decision: The appeal is allowed, and the decree of the first appellate court is set aside. The trial court's decree is restored, directing the State to complete the proceedings under the 1953 Act and then under the 1972 Act. The State is restrained from dispossessing the plaintiff until these proceedings are completed.

Rape and Criminal Intimidation – Conviction of Grandson for Raping Grandmother – Appellant challenged conviction for rape and criminal intimidation – Prosecution provided consistent evidence from the victim and corroboration from her daughter and neighbors – Appellant’s history of substance abuse considered – Delay in filing FIR deemed justified due to familial relationships and threats – Conviction and sentence upheld [Paras 1-10].

Victim Testimony – Reliability and Corroboration – Court upheld victim’s testimony despite delay in reporting and absence of immediate medical evidence – Family dynamics and threats explained delay – Victim’s statement supported by daughter’s corroboration and neighbor’s testimony [Paras 4-7].

Evidence – Delay in FIR and Non-seizure of Victim’s Clothes – Court accepted delay in FIR citing Supreme Court precedents on rape case reporting delays – Non-seizure of clothes not detrimental due to victim’s immediate bathing – Medical report indicated possibility of sexual assault [Paras 6-7].

Mental Health of Accused – Request for Psychiatric Evaluation – Appellant’s habitual substance abuse and past behavior cited – Court found no necessity for psychiatric evaluation given the evidence and nature of offenses [Para 2].

Decision – Appeal Dismissed – Conviction and sentences for life imprisonment under Section 376(2)(f) and 376(2)(n), and two years under Section 506, IPC upheld – Sentences to run concurrently with fines imposed [Para 8-9].