Family Law – Divorce – Grounds of Cruelty and Desertion – Appellant sought divorce alleging respondent’s disinterest in marriage, extra-marital relationship, and repeated desertion – Family Court dismissed petition citing lack of specific evidence and hearsay nature of allegations – Appellant’s claims of respondent’s cruelty and desertion found unsubstantiated – Appeal dismissed, upholding Family Court’s decision [Paras 1-32].

Specific Allegations and Evidence – Requirement of Specific Evidence – Appellant’s allegations of cruelty included respondent’s statements about disinterest in marriage, maintaining a relationship with another person, and threats of suicide – Claims based on hearsay, with no direct witness testimony or corroborative evidence – Appellant failed to produce crucial witnesses, including parents and panchayat members [Paras 4-15, 19-20].

Previous Petition – Res Judicata – Bar on Fresh Petition – Previous divorce petition filed by appellant dismissed for non-prosecution – Instant petition for same relief on same grounds deemed barred by law – Legal principle of res judicata applicable [Para 24].

Respondent’s Willingness to Reconcile – Evidence – Testimonies indicated respondent’s willingness to continue marital relationship – Appellant’s witnesses corroborated respondent’s willingness and appellant’s refusal to reconcile – Compromise agreement (Ext. R-1) signed by appellant admitted wrongful doubts about respondent’s character [Paras 18, 23, 28-29].

Compromise Agreement and Judicial Findings – Compromise agreement evidenced appellant’s apology and undertaking not to ill-treat respondent – Family Court noted appellant’s failure to prove allegations of cruelty and desertion – Findings from complaint under Section 12 of Domestic Violence Act and maintenance awarded to respondent also considered [Paras 21-23, 30].

Judgment of Family Court – Affirmation – Family Court’s findings regarding lack of specific allegations and hearsay evidence upheld – No direct or circumstantial evidence of alleged extra-marital relationship – Previous judicial findings and compromise agreement noted – Appeal found to lack merit and dismissed [Paras 13-32].

Decision: Appeal dismissed – No costs – Pending applications also disposed of.

Arbitration Clause Interpretation – Scope and Ambit – Arbitration clause in the agreement, covering disputes “arising out of or in relation to the agreement”, was not restricted solely to the validity of the agreement – Court emphasized the need for purposive interpretation to give effect to all expressions in the clause and avoid redundancy – Forum selection clause read in conjunction with the arbitration clause, indicating all disputes related to the agreement, including validity, were referable to arbitration [Paras 22-28].

Issue of Limitation – Force Majeure Clause Consideration – Petitioners contended that mining operations were halted due to government restrictions, invoking the force majeure clause in the agreement – The court held that the issue of limitation was arguable and required evidence, thus should be decided on merits by the arbitrator [Paras 43-49].

Cause of Action for Arbitration – Court found the cause of action arose from the respondent’s failure to place purchase orders and provide post-dated cheques as per the agreement – The agreement was based on a previous debt and the dispute was not “dead wood” – Arbitration clause intended to cover such disputes [Paras 50-60].

Decision: Application under Section 11 of the Arbitration and Conciliation Act, 1996 allowed – Sole arbitrator appointed to resolve the disputes – All issues left open for consideration by the arbitrator [Paras 61-63].
 

Land Acquisition – Unauthorized Use of Land – Compensation – Plaintiffs filed a suit for possession, permanent, and mandatory injunction after their land was utilized for road construction without their consent or due process – Trial court directed the State to acquire the land following legal procedures and disburse the assessed compensation to the landowners – High Court dismissed the State’s appeal, reinforcing the obligation for due process in land acquisition and fair compensation [Paras 1-14].

Legal Obligation for Compensation – The State constructed the Auhar-Kohina road using plaintiffs’ land without written consent or formal acquisition – Notification for acquisition issued but not completed – High Court emphasized that utilizing private property for public projects requires legal acquisition and fair compensation, rejecting the argument of oral consent and public interest overriding the requirement of lawful process [Paras 2-4].

Judicial Findings – Concurrent Judgments – Lower courts found the State’s actions unlawful due to lack of written consent and incomplete acquisition process – The State’s appeal was dismissed for lack of a substantial question of law – High Court reiterated the principle that the State cannot utilize private land without adhering to legal procedures and ensuring compensation [Paras 4-5].

Statutory Compliance – Section 4 of the Land Acquisition Act – The issuance of notification under Section 4 is a necessary preliminary step in the land acquisition process – Failure to proceed with subsequent steps led to the lapsing of the notification – The State’s failure to comply with statutory requirements invalidated its claim of lawful use of the land [Paras 2-4].

Compensation for Public Use – High Court held that public use of private land without compensation is impermissible – The construction of public infrastructure does not exempt the State from following due legal processes and ensuring landowner rights – Compensation is mandatory unless the landowner voluntarily transfers land in a legally recognized manner [Paras 4-5].

Decision:
Appeal dismissed – Judgments of the lower courts upheld – State directed to initiate proper land acquisition procedures and compensate landowners as per legal requirements.
 

Civil Procedure – Preliminary Issue – Maintainability of Suit – Petitioner challenged the order deciding the maintainability of the suit as a preliminary issue based on an alleged admission during cross-examination – High Court held that the issue involved mixed questions of fact and law, unsuitable for determination as a preliminary issue under Order XIV, Rule 2 of CPC – Order set aside and application rejected – Preliminary issues must be purely of law unless facts are admitted in pleadings [Paras 1-12].

Order XIV, Rule 2 of CPC – Determination of Preliminary Issues – Court lacks jurisdiction to decide mixed questions of fact and law unless facts are clearly admitted in pleadings – In this case, admission was from cross-examination, not pleadings or affidavits – Misapplication of Order XIV, Rule 2 by the trial court [Paras 6-10].

Application under Article 227 – Maintainability and Scope – High Court emphasizes proper use of Article 227 to correct jurisdictional errors – Trial court’s erroneous decision on preliminary issue corrected [Para 11].

Decision: Petition allowed – Impugned order dated 11.04.2023 set aside – Application under Order XIV, Rule 2 of CPC rejected – Issue of suit’s maintainability to be considered along with other issues at trial’s conclusion.
 

Arbitration – Contract Disputes – Payment for Construction Work – Appeal under Section 37 – Dispute over payment for clearing and grubbing (C&G) and earthwork in embankment below Original Ground Level (OGL) – Arbitral Tribunal awarded payment for embankment work below OGL – Held, payment justified as per contractual terms – Appeal against this issue dismissed [Paras 1-23]. 

Arbitration – Delay in Raising Dispute – Time-Barred Claims – Contract required dispute to be referred to Dispute Review Expert (DRE) within 14 days – Delay in approaching DRE due to its non-existence – Tribunal held delay justified – Held, delay acceptable as DRE was constituted later and appellant participated without objection – No grounds for interference [Paras 24-30]. 

Arbitration – Price Escalation – Application of Price Index – Tribunal applied uniform price index for withheld payments at final bill stage (IPC 78) – Held, consistent with contract – No error in application of price index – Appeal against this issue dismissed [Paras 31-35]. 

Decision: Appeal dismissed – Impugned orders of learned Single Judge upheld – Registry directed to return Bank Guarantee deposited by respondent. 

Criminal Law – Murder – Dying Declarations – Conviction based on multiple dying declarations – Deceased consistently stated that appellant poured kerosene on her, set her on fire, and threw her from the stairs – Conviction upheld – Dying declarations found credible and trustworthy [Paras 1-45]. 

Evidence Law – Dying Declaration – Section 32(1) of Indian Evidence Act – Declarations made to brother, father, cousin, police officer, and doctor – Consistency across multiple declarations – Declarations corroborated by forensic evidence and witness testimonies – Declarations made in conscious state [Paras 30-45]. 

Forensic Evidence – Corroboration – Presence of kerosene residues on clothes, hair, and scene of crime – Recovery of stove, plastic can with kerosene, burnt clothes, and hair clip from crime scene – Forensic evidence supported dying declarations [Para 44]. 

Decision:  Appeal dismissed – Conviction and sentence upheld – Appellant directed to surrender within one week to serve remaining sentence – Trial court record to be returned with judgment copy for compliance. 

Income Tax – Assessment Order – Writ Petition challenging assessment order issued without proper notice to petitioner – Address discrepancy noted; notices returned undelivered – Petitioner claimed lack of opportunity to contest assessment due to incorrect address – Court found fault with petitioner for not updating address with Income Tax Department but recognized the necessity for petitioner to be heard – Assessment order set aside subject to payment of costs and re-assessment directed [Paras 1-6].

Procedure for Assessment – Importance of Proper Notice – Emphasized that taxpayers must update current addresses with tax authorities – Highlighted procedural lapse in serving notices and conducting assessments without taxpayer’s knowledge – Court mandated reasonable opportunity and personal hearing for petitioner during re-assessment [Paras 4-6].

Decision – Writ Petition Allowed with Costs – Assessment order dated 10.01.2024 set aside on condition of petitioner paying Rs.15,000 as costs to Adyar Cancer Institute, Chennai – Respondent directed to provide portal access for petitioner to submit reply and conduct reassessment with opportunity for personal hearing via video conference within four months [Para 6-7].

Electricity Connection - Alternative Remedy - Consumer Grievance Redressal Forum: Petitioner sought court direction for a new electricity connection amidst pending civil suit for property possession and criminal writ for protection. High Court emphasized the statutory framework for consumer grievances under the Electricity Act, providing an effective, expeditious remedy through the Consumer Grievance Redressal Forum and Ombudsman. It underscored that writ petitions should not bypass prescribed statutory remedies unless exceptions apply [Paras 1-17].

Civil Procedure - Application of Order II Rule 2 CPC: Court noted petitioner’s previous suit encompassed similar relief for electricity load restoration, thus Order II Rule 2 CPC barred repetitive litigation in alternative forums. Petitioner’s claim of a new cause of action was rejected as misleading, portraying an artificial distinction to evade statutory process [Paras 8-11].

Decision: Writ petition dismissed - Petitioner directed to seek remedy through statutory consumer grievance mechanisms. Court highlighted procedural integrity and necessity of exhausting statutory remedies before invoking writ jurisdiction [Paras 12-17].

Hindu Succession Act – Coparcenary Rights – Plaintiffs, daughters of the deceased Murugan, claimed coparcenary rights in the ancestral properties – Defendants contended that the properties were self-acquired by D1 – High Court held that all the suit properties are ancestral and plaintiffs are entitled to coparcenary rights by birth under the Hindu Succession (Amendment) Act, 2005 – Trial Court’s findings on coparcenary status and superstructures reversed – [Paras 14-35].

Evidence Act – Additional Evidence – Plaintiffs filed petitions under Order XLI Rule 27 CPC to receive additional documents – High Court allowed the petitions, marking the documents as Ex-A.8 to Ex-A.11 – Documents were vital to decide the dispute [Paras 15-18].

Civil Procedure – Sale Deeds and GPA – Transactions pending suit – Certain sale deeds and GPA executed by D1 in favour of D2 and others during the pendency of the suit – High Court held that transactions were done to defeat plaintiffs’ rights – Transactions not protected under proviso to Section 6 of the Hindu Succession (Amendment) Act, 2005 [Paras 30-33].

Decision – Appeals partly allowed – Judgment and decree of Trial Court modified – Preliminary decree granted to plaintiffs for 1/3 share each in ancestral properties – Suit dismissed in respect of certain properties due to prior valid sale deeds – CMP petitions allowed, additional documents received and marked [Paras 35].