Domestic Violence – Residence Order – Petitioner, an elderly woman, sought protection under the PWDV Act to continue residing in her shared household – Magistrate granted residence order – Respondents, including petitioner’s son and daughter-in-law, contested citing financial liabilities and a previous tribunal order for alternative accommodation – Sessions Court vacated residence order, directing alternative accommodation [Paras 1-13].

Harmonious Interpretation of PWDV Act and Senior Citizens Act – Necessity for harmonizing provisions of the PWDV Act with the Maintenance and Welfare of Parents and Senior Citizens Act – Court emphasized that the PWDV Act does not override the necessity to balance rights of aggrieved women with financial realities and rights of respondents – Sessions Court’s direction for alternative accommodation affirmed, modifying it to ensure financial provision for rent [Paras 6-14].

Decision – Criminal Revision Petition disposed of – Sessions Court judgment affirmed with modification – Respondents directed to deposit Rs. 3 lakhs for petitioner’s rent and maintenance – Petitioner to make similar deposits as needed to maintain alternative accommodation [Paras 14-15].
 

Education Law – Improvement Examination – Petitioner, a bright student suffering from depression and diagnosed with Internet Gaming Disorder, missed the opportunity to appear for improvement exams as per Board Regulations – High Court granted permission to appear in the next examination cycle due to medical reasons, ensuring justice in the peculiar facts of the case [Paras 1-6].

Regulation Clause 92.6 – Board’s Regulation requires improvement attempt in the succeeding exam – Petitioner unable to appear due to medical treatment – High Court considered medical records from Bhabha Atomic Research Centre Hospital, allowing an exception [Paras 4-5].

Decision – Writ Petition Allowed – Held – Petitioner permitted to appear in July 2024 Examination upon application and payment of late fees – Directions issued considering medical conditions and to not set precedent [Para 6].

Arbitration – Appointment of Arbitrator – Application under Section 11 of the Arbitration and Conciliation Act, 1996 – Insurance contract dispute – Petitioner’s claim for loss of crane due to fire partially admitted by insurer’s surveyor reports – Dispute over quantum of claim payable – Respondent’s post facto repudiation after commencement of arbitration proceedings – Court holds that commencement of arbitration is valid – Reference to arbitration upheld [Paras 1-47].

Commencement of Arbitral Proceedings – Section 21 of the Arbitration and Conciliation Act, 1996 – Notice of arbitration – Arbitration proceedings deemed commenced upon receipt of notice by respondent – Respondent’s subsequent total repudiation of claim does not vitiate the reference [Paras 27-29].

Insurance Claims – Surveyor Reports – Admission of Liability – Documents indicating different quantum of loss at different times – Final report and addendum by insurer’s surveyor – Partial admission in written communication – Issue of quantum dispute suitable for arbitration [Paras 21-25, 30-35].

Repudiation of Claim – Insurance Regulatory and Development Authority of India (Protection of Policyholders’ Interests) Regulations, 2017 – Requirement to reject claim within 30 days from final survey report – Respondent’s repudiation significantly delayed and after commencement of arbitration proceedings – Prima facie admission of liability found [Paras 8, 30-31].

Competence of Arbitral Tribunal – Section 16 of the Arbitration and Conciliation Act, 1996 – Kompetenz-Kompetenz principle – Arbitrator to rule on own jurisdiction and issues including repudiation of claim and admission of liability – Court refrains from adjudicating on merits at Section 11 stage [Paras 39-41].

Decision:

Application AP-COM/344/2024 allowed – Sole arbitrator appointed to resolve disputes – Arbitrator to determine all issues including jurisdiction and merit of repudiation – Court does not enter merits of the dispute – Urgent certified server copies granted on compliance with formalities [Paras 45-48].

Contract Law – Suit for Recovery of Money – Appeal Against Decree – Partial Decree of Money Suit – Settlement of Accounts and Acknowledgement of Debt – The appellants contested a partial decree granted to the respondent for recovery of a sum of Rs. 1,03,91,700/- with future interest at the rate of 6% per annum on Rs. 67.77 lakh from the date of the suit. The appellants claimed that a settlement had been reached for a lesser amount, which was not fully acknowledged by the trial court [Paras 1-9].

Evidence – Documentary Evidence – Importance of Written Acknowledgements – The court found that the trial judge had disregarded crucial written acknowledgements and documents (Ex.D-3 to Ex.D-6) that indicated a settlement amount of Rs. 18.98 lakh, of which Rs. 10 lakh was already paid. The court emphasized the significance of these documents in establishing the terms of the settlement and the amount due [Paras 4-5].

Doctrine of Indoor Management – Applicability in Corporate Transactions – The court applied the doctrine of indoor management, holding that the appellants, as outsiders, were entitled to assume that internal company affairs were properly conducted, particularly in the absence of evidence to the contrary regarding the authority of the HMT officer who acknowledged the settlement [Paras 5-6].

Decision – Appeal Partly Allowed – Modified Decree – The appeal was partly allowed. The court modified the decree, holding that the appellants were liable to pay only Rs. 18,98,000/- as per the settlement dated 25.09.2004, minus the amount already remitted. Additionally, the court directed the appellants to deposit an additional Rs. 20,00,000/- towards full and final settlement within three months, subject to conditions [Order].
 

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].

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].