Specific Performance – Readiness and Willingness – Plaintiff’s suit for specific performance of an agreement to sell was dismissed by the trial court. The High Court upheld the dismissal, noting the plaintiffs’ failure to demonstrate readiness and willingness to perform their contractual obligations by the stipulated date. The plaintiffs were aware of the pending litigation involving the suit property but did not take timely action to seek specific performance [Paras 12-15].

Disclosure of Pending Litigation – Doctrine of Lis Pendens – Plaintiffs claimed the defendants did not disclose the pending litigation affecting the suit property. The High Court found that plaintiffs, by exercising due diligence, could have discovered the status of the litigation. The doctrine of lis pendens under Section 52 of the Transfer of Property Act applied, meaning the plaintiffs were aware or ought to have been aware of the litigation [Paras 12-13].

Internal Agreement among Plaintiffs – Not Binding on Defendants – An internal agreement among the plaintiffs to share the purchase consideration was not binding on the defendants. The trial court and the High Court rejected the argument that the 1^st plaintiff could pay only his share of the sale consideration. The obligation to pay the total consideration collectively was emphasized [Paras 13-14].

Decision – Appeal Dismissed – The High Court confirmed the trial court’s judgment, dismissing the appeal. The plaintiffs failed to prove their readiness and willingness to perform their part of the contract. The equitable relief of specific performance was denied due to the plaintiffs’ conduct and lack of sufficient funds [Para 15].

Criminal Law – Conviction for Murder and Cruelty – Appeal by husband and father-in-law against their conviction for murder (Section 302/34 IPC) and cruelty (Section 498-A IPC) – Conviction based on dying declaration recorded in presence of police and doctor – Appellate court evaluates evidence, including inconsistencies in witness statements and procedural irregularities – Major doubts raised about authenticity of dying declaration due to 100% burn injuries and lack of immediate police recording at matrimonial home – No recovery of burnt articles at the scene – Independent witnesses not examined – Appellants acquitted giving benefit of doubt [Paras 1-54].

Dying Declaration – Reliability – Deceased’s statement recorded by police officer and doctor at hospital – Witnesses state victim was conscious and capable of giving statement despite 100% burns – Postmortem report and doctor’s testimony conflict with claim of victim’s capacity to make statement – High Court questions veracity of dying declaration due to procedural lapses and inconsistencies in testimonies [Paras 7-10, 31-35].

Delayed FIR – Procedural Irregularities – FIR not sent immediately – Delays and absence of independent witness testimonies – Failure to record statement at matrimonial home questioned – Raises suspicion about manipulation of dying declaration – Benefit of doubt extended to appellants [Paras 33-44].

Decision – Criminal Appeals Allowed – Held – Conviction and sentence under Sections 302/34 and 498-A IPC set aside – Appellants acquitted due to reasonable doubt regarding authenticity of evidence and procedural lapses – Ordered release of appellants if not required in any other case [Para 54-56].
 

Execution of Decree – Third Party Rights – Application of Order XXI Rule 99 CPC – The respondent filed an application to execute a preliminary decree for partition. The appellants, not party to the original suit, sought protection of possession under Order XXI Rule 99 CPC. The Trial Court dismissed their application, a decision upheld by the Appellate Court. The High Court, considering substantial questions of law, remitted the matter to the Trial Court for proper adjudication after framing issues and allowing evidence [Paras 1-13].

Maintainability of Application under Order XXI Rule 99 CPC – The court addressed whether a third party can seek relief under Order XXI Rule 99 CPC before losing possession. Emphasizing procedural requirements, the court noted the necessity of framing issues and leading evidence to adjudicate rights [Paras 3-9].

Remand for Proper Adjudication – The court remanded the matter to the Trial Court to adjudicate the application filed by the appellants under Order XXI Rule 99 CPC, ensuring proper procedural compliance [Paras 11-13].

Decision: Appeal allowed. The impugned orders were set aside, and the matter remitted to the Trial Court for fresh adjudication in accordance with procedural rules, ensuring issues are framed and evidence is led before deciding the application under Order XXI Rule 99 CPC [Paras 12-15].

Service Law – Approval as SACT-II – Petitioners engaged as Accompanists (Tabalchi) in Music Department, claim status under SACT-II as per Memo dated 23.12.2019 – Names not uploaded by College Authority within deadline – College Authority’s failure admitted – Petitioners approached Court for necessary directions – State’s rejection of petitioners’ claims on grounds of non-teaching position and missed deadline deemed arbitrary and against principles of natural justice [Paras 1-13, 20-26].

Mandamus – Legal Right and Judicial Review – Petitioners possess legal right for mandamus due to unequal treatment by State Authority – Approval of similarly situated persons in other colleges under SACT-II category highlighted – College Authority’s admission of failure to upload names within deadline noted – Procedural lapses by College Authority should not prejudice petitioners’ rights – Court emphasizes need for equitable treatment under Articles 14 and 16 of the Constitution [Paras 14-19, 27-30].

Policy Decision – Implementation and Exceptions – Court recognizes State’s policy to restructure service conditions and other benefits for teachers – Finds that failure to upload names within specific time frame due to College Authority’s error does not nullify petitioners’ entitlement to benefits – Inclusion of petitioners as SACT-II does not violate policy decision but aligns with intent to regularize service conditions of similarly situated individuals [Paras 22-26, 28-30].

Decision – Writ Petitions Allowed – Held – Impugned decision of State Authority dated 24.08.2022 set aside – State directed to approve petitioners as State Aided College Teachers (SACT-II) as per Memo dated 23.12.2019 – Decision to be taken within eight weeks from communication of order – Order to be implemented and communicated to petitioners’ College Authorities within two weeks thereafter [Para 28-34].
 

Reappointment of Vice Chancellor – Requirement of Fresh Selection Process – Petitioners challenge reappointment of respondent No. 6 without fresh selection process – High Court affirms necessity of adhering to UGC regulations – Reappointment without fresh process deemed permissible only if regulations specifically allow it – Precedents from Supreme Court applied [Paras 18-20].

Violation of UGC Regulations – Composition of Search Committee – Initial appointment and subsequent reappointment of respondent No. 6 challenged for non-compliance with UGC Regulations – Search Committee lacked UGC Chairman’s nominee – High Court holds appointments void ab initio due to non-compliance with mandatory regulations – Central legislation prevails over state legislation in case of conflict [Paras 21-24].

Decision: Writ Petitions Allowed – Held: Initial appointment and subsequent reappointment of respondent No. 6 as Vice Chancellor of Dr. YSR Horticulture University declared void ab initio – Quo warranto issued – Reappointments quashed – No order as to costs [Para 25].
 

Enemy Property – Classification and Requisition – Petitioner contested the inclusion of his property as enemy property under the Enemy Property Act, 1968 – Contention that petitioner’s father had not voluntarily acquired Pakistani citizenship – Government of India had already determined that petitioner’s father was an Indian citizen – High Court held that petitioner’s father did not fall within the definition of enemy as per Defence of India Act, 1962 and 1971, and hence the property cannot be treated as enemy property [Paras 1-9].

Citizenship and Nationality – Determination of Status – Petitioner’s father adjudicated as Indian citizen under Section 9(2) of Citizenship Act, 1955 – Order confirming Indian citizenship still in force – Property wrongly classified as enemy property [Paras 6-9].

Decision – Writ Petition Allowed – Held – Inclusion of property in enemy property list quashed – Direction issued to authorities to accept basic tax for the property – Orders passed by Custodian of Enemy Property set aside for lack of legal basis [Para 9].
 

Quashment of Proceedings – Settlement and Lack of Evidence – Petitioner sought quashment of proceedings under Section 482 Cr.P.C. based on an affidavit from the de facto complainant indicating settlement – Allegations of rape, cheating, and intimidation found to stem from financial disputes and delayed payments, and lack substantial evidence – Court emphasized the principles of inherent powers to prevent misuse of judicial process [Paras 1-10].

Consent and Promise to Marry – Petitioner argued the relationship was consensual and linked to financial dealings – The Court acknowledged that the promise to marry by a married man does not substantiate the charge of rape under dubious circumstances – Emphasized that mutual consent and prior financial agreements discredit the allegations [Paras 6-11].

Inherent Powers under Section 482 Cr.P.C. – Legal principles reiterated from precedents – Emphasized the need to quash proceedings that are manifestly attended with malice, instituted with ulterior motives, or frivolous in nature – Applied the principles from Vineet Kumar v. State of U.P. and Mahmood Ali v. State of U.P. [Paras 7-9].

Decision: Criminal Miscellaneous Case Allowed – All further proceedings in S.C.No.1207/2023, pending before the Special Court for the Trial of Cases Relating to Atrocities and Sexual Violence Against Women and Children (POCSO), Ernakulam, quashed – Court found the prosecution’s case manifestly attended with malice and initiated with ulterior motives [Para 11].
 

Administrative Law – Discretionary Power – Licensing Authority – Appellant challenged interim order permitting racing and betting activities by the Bengaluru Turf Club despite rejection of their license applications – Court held that licensing authority exercised proper discretion based on pending criminal cases against Club’s office bearers and allegations of illegal activities – Interim order allowing activities set aside – Emphasis on statutory provisions granting discretionary power to authorities in issuing licenses [Paras 5-6].

Criminal Law – Pending Criminal Proceedings – Impact on Licensing – Office bearers of the Bengaluru Turf Club facing criminal charges for betting-related offenses – Court found sufficient grounds in pending criminal cases to justify refusal of license – Rejection upheld as a valid exercise of administrative discretion [Paras 5.3-5.6].

Interim Relief – Nature and Scope – Court observed that interim order by Single Judge effectively granted final relief by allowing racing activities – Such interim orders not permissible as they render main relief sought in the petition redundant – Order granting interim relief stayed [Paras 8-10].

Decision – Appeal Allowed – Held – Interim order by learned Single Judge stayed – Respondent-Club prohibited from conducting racing and betting activities during pendency of main petition – Matter to be decided on merits in final hearing [Para 10].

Negotiable Instruments Act – Dishonour of Cheques – Petitioner issued cheques to the respondent which were dishonoured due to insufficient funds – Legal proceedings under Section 138 of the NI Act initiated – Settlement agreement reached, but petitioner failed to comply fully – Respondent invoked Section 421 of the Cr.P.C. for enforcement – Court upheld the enforcement of settlement terms [Paras 1-10].

Settlement Agreement – Non-compliance – Settlement under Section 147 of the NI Act – Petitioner failed to pay agreed amount – Court confirmed liberty for respondent to recover amount through Section 421 of Cr.P.C. – Emphasized that settlement subsumes original complaint and failure leads to fresh cause of action [Paras 6-8].

Jurisdiction and Legal Principles – Apex Court’s observations on settlement agreements and subsequent liabilities – Reference to cases Gimpex Private Limited v. Manoj Goel, Aneeta Hada v. Godfather Travels, Himanshu v. B. Shivamurthy – Court noted principles but found them inapplicable to petitioner’s arguments [Paras 8-9].

Decision – Criminal Petition Rejected – Interim order dissolved – Emphasized enforcement of settlements and no merit in technical objections by petitioner [Para 10].