Partition Suit – Joint Family Property – Reversal of Lower Court’s Decree - The plaintiffs sought partition of the schedule properties, asserting them as joint family assets – The trial court dismissed the suit regarding items 4 and 8 due to insufficient evidence of joint family ownership – On appeal, the 1st appellate court reversed this finding, granting partition for items 4 and 8 – Held: The High Court set aside the lower appellate court's judgment, observing that plaintiffs failed to establish the joint family nature of these properties and did not present sufficient evidence of a family nucleus or proof of acquisition by the family – The appellate court had improperly inferred joint family ownership without basis [Paras 16, 19-21, 35].

Burden of Proof – Joint Family Property Presumption - The High Court highlighted that, under Hindu law, the presumption of joint family ownership does not extend to all properties held by family members – Plaintiffs bear the burden to prove that a property is joint family property, especially when no evidence of a joint family nucleus exists – In this case, the plaintiffs failed to substantiate that items 4 and 8 were acquired with joint family funds, and mere possession by the defendant did not establish such a claim [Paras 13, 25-27, 36].

Substantial Question of Law – Scope of Second Appeal under Section 100 CPC - The court reviewed the scope of second appeal, reaffirming that Section 100 CPC limits interference to substantial questions of law – Findings by the lower courts are not to be disturbed unless perverse or legally erroneous – Here, the 1st appellate court’s decision was overturned as it misapplied legal principles on the presumption of joint family property, leading to substantial error [Paras 21-23, 37].

Decision: Second appeal allowed, reversing the lower appellate court’s decree for partition of items 4 and 8, affirming trial court's dismissal.
 

Service Law - Reservation in Promotion under Disabilities Act, 2016 – Interpretation of Section 34 – The petitioners, who are Junior Engineers with benchmark disabilities, contended their entitlement to reservation in promotions as per Section 34 of the Disabilities Act, 2016, arguing the 4% PwD quota should extend to Grade-II posts, including the post of Assistant Engineer (Civil) – The court determined that Office Memorandum dated 17/01/2019, which restricted PwD reservations to Grades III and IV, contravened the Disabilities Act, 2016 – Held: Petitioners are entitled to consideration for promotion under the PwD quota, and the respondent authorities must adhere to the Disabilities Act by applying the 4% reservation to all grades including Grade-II [Paras 6-9, 33-34].
Backlog and Carry Forward of PwD Vacancies – Application of Section 34(2) of Disabilities Act, 2016 – Despite repeated promotions in 2021 and 2022, the respondent authorities did not fill the PwD quota, promoting PwD officers based only on seniority – The court noted Section 34(2) mandates carrying forward unfilled PwD vacancies – Held: Respondents must retroactively consider petitioners for promotion under the benchmark disabilities quota, effective from the date of prior promotions in 2021, ensuring compliance with Section 34(2) [Paras 24, 30-31].

Right to Consideration for Promotion under PwD Quota – Petitioners argued deprivation of their right to reservation in promotion, citing Rajeev Kumar Gupta v. Union of India – The court emphasized that identified posts capable of being filled by disabled persons should reserve positions for PwDs regardless of recruitment method – Held: Failure to consider the petitioners under PwD quota contravenes legal mandates; thus, respondents directed to evaluate promotion eligibility of petitioners under PwD reservation retrospectively [Paras 31-32].

Decision: The writ petitions are allowed. Respondent authorities are directed to consider the petitioners for promotion to Assistant Engineer (Civil) with retrospective effect from 2021, applying the 4% reservation in accordance with the Disabilities Act, 2016.
 

Narcotics Law – Bail Application for Commercial Quantity of Cannabis – Extended Detention Under Section 36A(4) NDPS Act – Petition for regular bail under Sections 480 and 483 of BNSS due to procedural lapses in handling detention beyond 180 days and irregular sample verification – Petitioner alleged that procedural violations, including failure to involve a Magistrate in sample verification, rebutted the statutory presumption against him – Held: The Court found substantial procedural lapses, including improper handling of contraband samples and issues in extending the detention, meriting bail despite commercial quantity of cannabis seized; petitioner had been in custody for 296 days, beyond the default period, without sufficient cause for further detention [Paras 4, 10, 11].

Procedure in Extension of Detention – Failure to Secure Accused’s Physical or Virtual Presence – Court reviewed requirements under Section 36A(4), emphasizing the mandatory nature of the accused’s physical or virtual presence during hearings for detention extension – Held: The Special Judge’s order extending detention was flawed due to lack of accused’s presence, constituting a procedural violation that justified bail on merits, even without default bail – Petition granted [Paras 7, 8, 12].

Decision: Petition allowed – Bail granted on a bond of Rs. 25,000 with two sureties, subject to conditions including bi-monthly police check-ins, prohibition on witness tampering, and assurance to participate in trial without fail [Para 13].
 

Criminal Law – NDPS Act – Regular Bail – Prolonged Detention and Presumption of Innocence – The petitioner, charged under Section 22 of the NDPS Act for allegedly possessing intoxicating tablets, sought bail, citing extended incarceration and the lack of further evidence recovery – Co-accused had already been granted bail, and only a third of the prosecution witnesses had been examined – Held: Granting bail is the general rule, detention the exception; with trial delay and no further recovery required, continued detention serves no purpose [Paras 1-4].

Constitutional Right to Speedy Trial – Article 21 of the Constitution – Detention Not Justified – The Court stressed the constitutional mandate for a fair and speedy trial, noting that extended pre-conviction detention undermines justice and violates Article 21 – Referencing Supreme Court guidelines, the Court affirmed that excessive pre-trial incarceration contravenes principles of human dignity and legal fairness [Paras 4-6].

Decision:

Petition for regular bail allowed. Petitioner to be released on bail upon furnishing bonds to the satisfaction of the Trial Court/Duty Magistrate. This decision does not influence the merits of the case [Paras 5-7].

Taxation Law - Expenditure Classification – Current vs. Capital Expenditure – Income Tax Act - The appellant, operating a 5-Star hotel, sought deductions for expenses incurred on replacing carpets, mattresses, and lampshades, claiming them as allowable under Section 31 as “current repairs.” The Tribunal denied the claim, categorizing the expenses as capital rather than revenue – The Court, examining similar precedents and the nature of items, held that replacement of damaged items does not constitute an enduring asset and falls under “current expenditure,” allowing deduction under Section 37(1) as revenue expenditure – Held: Expenditure on replacing carpets, mattresses, and lampshades classified as current, allowable under Section 37(1) as revenue expenditure [Paras 21-26, 32].

Tribunal’s Error – Non-Adjudication under Section 37(1) – Appeal Allowed - The appellant argued the Tribunal erred in ignoring the alternate claim for deduction under Section 37(1) despite citing relevant precedents – The Court agreed, emphasizing that while an expenditure may not qualify under Section 31 as current repairs, Section 37(1) can apply if it serves business purposes without creating a new asset – Held: Appeal allowed, expenses deductible under Section 37(1) [Paras 8-10, 32-34].

Decision: The appeal is allowed, and the Tribunal’s order is set aside. The appellant is entitled to claim deductions under Section 37(1) of the Income Tax Act for expenses incurred on replacement of carpets, mattresses, and lampshades, treated as current expenditures.

Criminal Law - Forgery and Cheating – Lack of Material Evidence – Acquittal Upheld – The prosecution failed to produce critical evidence such as admit cards, attendance sheets, answer sheets, and roll number slips to substantiate charges of forgery and cheating – Held: Acquittal justified due to lack of material evidence and procedural lapses [Paras 20-25].

Duty of Investigating Agencies – Fair Investigation Mandated – Lapses Criticized – Investigating Officer admitted to intentionally not taking possession of documents that could establish the innocence of the accused – Court emphasized that a fair investigation requires presenting all material evidence, whether incriminating or exculpatory [Paras 30-34].

Allegations of Tampering – Reasonable Doubt Persisted – Acquittal Justified – Evidence presented by the prosecution, including contradictory entries in admission registers and school records, failed to conclusively establish criminal intent or tampering – Reasonable doubt benefited the accused [Paras 26-29].

Role of Investigators and Prosecutors – Responsibility to Prevent Unmerited Prosecution – Reiterating principles from landmark cases, Court held that unmerited prosecution violates Article 21 of the Constitution, which guarantees protection against arbitrary actions – Directed authorities to ensure fair investigation and training of personnel [Paras 35-38].

Decision – Appeal Dismissed – Directions Issued – The appeal by the State was dismissed, affirming the Trial Court's acquittal – Directed the Additional Chief Secretary (Home), DGP, and Director Prosecution to implement corrective measures, including monitoring mechanisms and training programs for investigators and prosecutors [Para 39].

Non-Registration of Tenancy – Grounds for Eviction under Section 21(2)(a) of TNRRRLT Act – The Court upheld eviction based on non-registration of tenancy agreements under the TNRRRLT Act – Held: Compliance with statutory mandates is imperative, and non-registration of tenancy agreements constitutes a valid ground for eviction [Paras 18-19].

Applicability of Section 3 of TNRRRLT Act to Religious Properties – The petitioner argued Section 3(c) of the TNRRRLT Act barred eviction, asserting that the land belonged to HR&CE – Court held that dual ownership principles under Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963, apply – The building's ownership by the landlord and land's ownership by HR&CE did not preclude eviction as long as HR&CE rights were unaffected [Paras 22-26].

Estoppel and Tenant’s Challenge to Landlord’s Title – Section 116 of the Indian Evidence Act – The Court reaffirmed that a tenant is estopped from denying the landlord’s title once inducted into tenancy – Arguments regarding mortgage and ownership were deemed unsustainable without evidence [Paras 12-14].

Decision- Relief and Undertaking – Grant of Time to Vacate Premises – Petitioner sought six months to vacate premises voluntarily – Court allowed the time frame based on the petitioner's undertaking affidavit, preventing execution proceedings within the stipulated period [Paras 28-29].
 

Criminal Law – Quashing of FIR – False Promise of Marriage – FIR registered under Sections 376, 417, and 504 IPC against the petitioners – Allegations of rape based on a false promise of marriage by the first petitioner – Engagement between the complainant and the first petitioner broke down due to family disputes – Contention: Relationship was consensual and allegations were baseless – Held: FIR and charge sheet quashed as allegations did not constitute the offence of rape or cheating under IPC [Paras 2–4, 16–18].

Consent and Misconception of Fact – False Promise vs. Breach of Promise – Examined distinction between consensual sexual relationships and rape – A false promise of marriage amounts to rape only when made without any intention to marry from inception – Breach of a genuine promise due to unforeseen circumstances does not constitute rape or cheating – Court relied on precedents distinguishing between consensual acts and coerced acts based on deception [Paras 9–15].

Witness Testimony – Allegations and Material Evidence – FIR and charge sheet reviewed – Relationship between the complainant and first petitioner spanned seven years, including after the engagement ceremony – No evidence showed the promise to marry was false from inception – Allegations reflected a consensual relationship, not one based on deception [Paras 2–3, 16–18].

Precedents Cited – Pramod Suryabhan Pawar v. State of Maharashtra (2019) 9 SCC 608 – Differentiation between false promise and breach of promise – Deepak Gulati v. State of Haryana (2013) 7 SCC 675 – Court must evaluate whether consent was vitiated by misrepresentation – Ramachandran v. State of Kerala (2022 SCC OnLine Ker 1652) – Consensual relationships do not attract Section 376 IPC without clear evidence of deceit – Shambhu Kharwar v. State of Uttar Pradesh (2022 SCC OnLine SC 1032) – FIR quashed when allegations lacked ingredients of rape or coercion.

Decision – Appeal allowed – FIR and charge sheet quashed – Further proceedings would amount to abuse of process and miscarriage of justice – Petitioners discharged from prosecution [Paras 17–18].

Murder – Circumstantial Evidence – Burden of Proof – Chain of Circumstances Proved – The prosecution established circumstantial evidence including CCTV footage showing the accused with the deceased, the purchase of poisonous pesticides by the accused, and the medical cause of death by poisoning – Disclosure statement leading to the recovery of the motorcycle and mobile phone corroborated the prosecution case – Conviction upheld [Paras 10-30].

Electronic Evidence – Admissibility under Section 65-B, Indian Evidence Act – Procedural Requirements for Certification – Despite procedural defects in certifying CCTV footage under Section 65-B, corroborating evidence including witness testimony, chemical examination of recovered poison, and the accused’s disclosure statement proved incriminatory links – Procedural defect did not negate substantive evidence [Paras 40-45].

Mens Rea – Evidence of Intent – Use of Poison – Purchase of pesticide and forced administration inferred from circumstantial evidence and witness testimony – Motive established through the accused's grudge against the victim’s relative – Mens rea for murder upheld [Paras 50-60].

Post-mortem Report – Cause of Death by Poisoning – The medical examination confirmed organophosphate poisoning as the cause of death – No evidence of external injury ruled out forcible administration, yet circumstantial evidence and accused’s conduct established the act as murder [Paras 70-80].

Decision: The appeal was dismissed, and the Trial Court’s conviction under Sections 302 and 201 IPC was upheld. The acquittal under Section 376 IPC and the SC/ST Act was not appealed by the State and thus attained finality.