Motor Vehicles – Standards of Visual Transmission of Light (VLT) – State Government Authority – The State Government and its officials were penalizing vehicle owners for using "Safety Glazing" materials that comply with Indian Standard IS.2553 (Part 2) (First Revision); 2019, alleging violations of the specified percentage of VLT – The amended Rule 100 of the Central Motor Vehicles Rules permits the use of "Safety Glazing" subject to compliance with the specified VLT and Indian Standard – Held: The State Government or its officials are not legally justified in penalizing owners of motor vehicles maintained with "Safety Glazing" that conforms to the Indian Standard IS.2553 (Part 2) (First Revision); 2019 and maintains the specified percentage of VLT [Paras 30].

Judicial Interpretation – Rule 100 of CMV Rules – Amendment – The Hon’ble Apex Court in Avishek Goenka v. Union of India interpreted the unamended Rule 100 which permitted only "Safety Glass" – The amendment effective from 01.04.2021 now permits "Safety Glazing," subject to conditions – Held: The State’s penal action based on the interpretation of the unamended rule is not applicable after the amendment allowing "Safety Glazing" [Paras 10-15].

Decision: Writ petitions allowed – Challans issued against the petitioners quashed – The State Government and its officials are restrained from penalizing owners of motor vehicles maintained with "Safety Glazing" that conforms to the Indian Standard IS.2553 (Part 2) (First Revision); 2019 and provides the stipulated percentage of VLT [Paras 31].

Criminal Law – Regular Bail – Section 439 CrPC and Section 45 PMLA – Bail for a woman under PMLA – The petitioner applied for regular bail under Section 439 CrPC, arguing that she was wrongfully implicated in a money laundering case linked to her father’s illegal activities. She was accused of laundering approximately ₹12 crores through her companies from proceeds of cross-border cattle smuggling. Despite being a school teacher, investigations revealed that she managed various companies involved in the laundering activities – [Paras 1-45].

Bail under PMLA – Proviso to Section 45(1) PMLA – Special treatment for women – The court considered the special provision under the Proviso to Section 45(1) of PMLA, which grants exceptions to women, persons under 16, or those who are infirm, from stringent bail conditions. The petitioner, being a woman, was entitled to consideration under this provision. The court found no specific reasons to deny her the benefit of this provision – [Paras 50-51].

Right to Liberty – Article 21 – Impact of long incarceration – The court emphasized that the petitioner had been in custody since 26th April 2023. With the trial expected to be prolonged due to the voluminous chargesheet and translation issues, prolonged detention without trial would infringe upon her fundamental right to liberty under Article 21 of the Constitution of India – [Paras 45-55].

Doctrine of Parity – Bail granted to co-accused – The court considered the bail already granted to the petitioner’s co-accused, including her father, Anubrata Mondal, by the Supreme Court on the grounds of prolonged detention. The principle of parity, along with the petitioner’s entitlement under the proviso to Section 45(1), formed the basis for granting bail – [Paras 52-55].

Decision:

Regular Bail Granted – The petitioner was admitted to regular bail with conditions, including a personal bond of ₹10,00,000, restrictions on leaving the country, and cooperation with the investigation – [Paras 60-70].

Partition Suit – Oral Gift and Applicability of Indian Succession Act – Whether the oral gift made by the first defendant (father) in 1963 to his wife Ayisha is valid, and if the Indian Succession Act applies post the registration of their marriage under the Special Marriage Act – Held, the oral gift to Ayisha was upheld based on evidence in Exts.A2 and A4, wherein the gift was acknowledged – The Indian Succession Act governs the succession due to the marriage registration under Section 15 of the Special Marriage Act – [Paras 1-25].

Special Marriage Act and Succession – Section 21 of the Special Marriage Act, 1954 provides that the Indian Succession Act, 1925 applies to marriages solemnized under this Act, including marriages registered post-celebration under other forms – The trial court’s decision to apply the Indian Succession Act for partition of the property was affirmed – [Paras 20-25].

Gift under Mohammedan Law – Validity of Oral Gift – Under Mohammedan Law, oral gifts are permissible if essential conditions of declaration, acceptance, and delivery of possession are met – Court found sufficient evidence through the joint statements of the donor and donee, affirming possession and the gift – [Paras 15-19].

Decision: Appeal and cross objections dismissed – The preliminary decree of partition based on the application of the Indian Succession Act is upheld – No interference with the trial court’s findings.

Criminal Law – Quashing of Proceedings – Section 482 CrPC – Whether criminal proceedings should be quashed when the dispute arises from corporate transactions – Held, criminal proceedings can be quashed only in exceptional cases where it is clearly shown that no prima facie case is made out, or the allegations are frivolous and vexatious – [Paras 5-8].

Corporate Disputes – Criminal Proceedings – The petitioner argued that the matter is a corporate dispute involving management of a company, not a criminal case – Court rejected the contention, holding that the allegations of misappropriation and forgery involving company assets cannot be purely treated as civil in nature – [Paras 9-15].

Delay in Filing FIR – Impact on Quashing – The Court addressed the 9-year delay in filing the FIR, concluding that the delay alone is insufficient to quash proceedings if the allegations are serious and prima facie evidence exists – [Paras 16-18].

Criminal Law – Sections 294, 114 of the IPC – Obscene Acts and Abetment – Whether merely being present as a spectator in a bar where obscene acts are performed constitutes criminal liability – Held, no material on record shows that the petitioner participated in the obscene acts as per the requirements of Section 294 IPC. The prosecution's evidence is insufficient to establish that the petitioner either encouraged the acts or performed any overt actions that could attract the offense of abetment under Section 114 IPC. Precedents confirm that mere presence at the scene is not enough to invoke criminal liability. Petition allowed, proceedings quashed – [Paras 20-35].

Abetment – Section 114 IPC – Criminal liability of a bystander when no overt act is committed – Court clarifies that the petitioner was not engaged in any explicit act or encouragement of the obscene behavior, and there was no evidence to substantiate the charge of abetment under Section 114 IPC – [Paras 24-30].

Decision: The Petition is allowed, and the criminal proceedings are quashed. No offense is made out against the petitioner under Sections 294 or 114 of the IPC.

Land Ownership – Lease Deed – Urban Land (Ceiling and Regulation) Act, 1976 – Execution of lease deed challenged – Whether the State of U.P. was justified in leasing the land to the appellant despite claims of ownership by Bhola (respondent) – Held, Bhola’s land was never declared surplus under the Urban Land Ceiling Act, and the execution of the lease deed was unlawful – First appellate court rightly cancelled the lease.

Property Law – Exchange of Property – Section 118 of the Transfer of Property Act, 1882 – Alleged exchange of land between Bhola and the State – Whether the exchange met legal requirements under Section 118 of the Transfer of Property Act – Held, exchange must follow procedures applicable to sale, which was not followed in this case – No valid exchange of land established –.

Doctrine of Estoppel – Admission of Facts – Whether Bhola’s admission in an affidavit regarding relinquishment of rights estopped him from claiming the land – Held, admission alone cannot confer legal title; property must be transferred through recognized legal modes such as sale, lease, or exchange .

Trespass – Illegality in Property Transfer – Role of State Officials – Whether the appellant and State functionaries acted within the law in taking possession of Bhola’s land – Held, the State’s actions constituted property grabbing without legal sanction, amounting to trespass – The lease deed was declared void .

Costs and Damages – Trespass and wrongful possession – Whether the appellant and State Government were liable to pay costs for wrongful possession – Held, exemplary damages of Rs. 10,00,000 awarded to compensate for the 32-year deprivation of land possession .

Decision: Appeal Dismissed – The second appeal was dismissed, and the first appellate court’s decision was upheld, cancelling the lease deed executed in favor of the appellant. The court imposed exemplary costs and damages of Rs. 10,00,000, jointly payable by the appellant and the State Government to the legal heirs of Bhola​.

Criminal Law – Change of Investigative Agency – Sections 452, 376, 313, 506, 323, 427 IPC – Whether a court can direct a change of the investigating agency upon the request of the accused – Held, the accused cannot choose or demand a change in the investigating agency unless clear evidence of bias or partiality is demonstrated – [Paras 12-16].

Writ of Mandamus – Section 156(3) CrPC – Application to Change Investigation Agency – The petitioners alleged that they were falsely implicated due to an ongoing civil dispute over land – Court reiterated that allegations of bias must be substantiated by specific material facts and not merely vague claims – Relying on Supreme Court precedent, the court emphasized that such changes in investigation should only be made in exceptional cases to ensure justice – [Paras 17-24].

Judicial Precedent – Apex Court Guidelines – The court cited the Supreme Court's ruling in Romila Thapar v. Union of India (2018) 10 SCC 753, highlighting that changes in investigation must be rare and based on convincing evidence of bias or injustice – The petitioners failed to make a case for such a change – [Paras 25-29].

Decision:

Writ Petition Dismissed – The petitioners' request for the appointment of another agency to investigate the criminal case was denied – Court observed that the investigation conducted by the local police was not shown to be biased or improper – The ongoing civil dispute cannot form the basis for seeking a change in the investigative agency – [Paras 30-33].

University Regulations – Post-Publication Review – Retrospective Application – Petitioner challenged the suo motu review conducted by the University, which led to the reduction of her CGPA and resulted in her demotion from First Class First to First Class Second – University cited a resolution passed on December 24, 2018, requiring a review of the top three examinees if a post-publication review affected the First Class First position – Court held that the retrospective application of the resolution, which was not in effect at the time of the petitioner's result publication, was impermissible [Paras 1-50].

Resolution and Fairness – Suo Motu Review – Court observed that the University’s action of conducting a suo motu review without the petitioner’s consent or prior notice violated principles of natural justice – University’s retrospective application of the December 24, 2018 resolution was deemed improper as the petitioner’s results were published prior to the resolution’s enactment [Paras 25-35].

Relief Granted – Award of Gold Medal – While the court acknowledged the higher CGPA of Respondent No. 7 following the review, it ordered that Respondent No. 7 be declared First Class First and awarded the Gold Medal – As a special case, the court also directed that the petitioner be awarded a Gold Medal, but her merit position would remain as First Class Second [Paras 45-50].

Decision:

Writ Petition disposed of – University directed to award Gold Medals to both Respondent No. 7 and the petitioner, with the petitioner retaining the second position in the merit list.

Constitutional Law – Violation of Articles 14 and 19(1)(g) – Challenge to deduction of 1% Labour Cess by the government from contractors’ bills – Absence of specific contract provisions for such deductions – Petitioners, engaged in various infrastructure projects, claim deductions are illegal and arbitrary – Relying on prior judgment (Ch.V.V. Subba Rao), court finds in favor of petitioners – Held, government cannot deduct cess without inclusion in contract estimates [Paras 5-12].

Labour Cess Act 1996 – Applicability to infrastructure contracts – Petitioners argue Labour Cess was not included in original contract estimates for works initiated before the amendment of rules in 2007 – Court reiterates principle that deductions for Labour Cess can only be made if explicitly provided for in contract – Judgment in prior case deemed applicable – Relief granted [Paras 8-10].

Decision – Writ Petition Allowed – Held, 1% Labour Cess cannot be deducted from contractors’ bills unless explicitly factored into contract estimates – Government directed to cease further deductions and refund amounts already deducted – No order as to costs [Para 13].