Criminal Law – Hurt – Section 323 IPC – Conviction Set Aside – Acquittal – Petitioner convicted for causing hurt by fists and blows – Allegations against accused found to be vague, omnibus and non-specific – No specific overt act or role attributed to the petitioner – Ingredients of Section 323 IPC not proved beyond reasonable doubt – Conviction unsustainable [Paras 18–21].

Common Intention – Proof – Section 34 IPC – Prosecution failed to establish common intention among accused persons – Mere general allegation that “all accused assaulted” without evidence of prior meeting of minds or specific participation insufficient – Absence of proof of common intention disentitles conviction with aid of Section 34 IPC [Para 19].

Evidence Appreciation – Contradictions and Inconsistencies – Material contradictions found in testimonies of injured witness (P.W.1) and his son (P.W.5) regarding manner of incident and place of occurrence – Inconsistencies regarding address of shop and scene of offence strike at root of prosecution case – Benefit of doubt extended to accused [Paras 16–18].

Injured Witness – Credibility – Though testimony of injured witness ordinarily carries weight, same cannot be accepted when riddled with contradictions and improvements – Failure to specify role of present petitioner weakens prosecution case [Paras 12–14, 18].

Medical Evidence – Corroboration – Injury report did not name accused – Doctor admitted injuries could be caused by fall on ground – Medical evidence failed to conclusively corroborate prosecution version of assault [Para 18].

Independent Witnesses – Non-Support – Independent witnesses did not support prosecution case – Prosecution failed to declare them hostile – Weakens reliability of prosecution version [Para 14].

Revisional Jurisdiction – Scope – Where findings of Trial Court and Appellate Court suffer from misappreciation of evidence and result in miscarriage of justice, High Court justified in exercising revisional powers to set aside conviction [Paras 21–23].

Decision: Criminal Revision allowed – Judgments of Trial Court dated 17.05.2016 and Appellate Court dated 15.12.2016 set aside – Present petitioner Prasanta Pakray @ Prasanta Pakraz @ Shibu acquitted of offence under Section 323 IPC – Released from bail bonds – Proceedings against co-accused already abated due to death [Paras 22–24].

Deemed Conveyance – MOFA Section 11 – Article 227 – Scope of writ/supervisory jurisdiction – Challenge to deemed conveyance order/certificate, unilateral deemed conveyance deed, corrigendum/supplementary agreement and mutation on grounds of fraud, want of jurisdiction and breach of natural justice – Held: Competent Authority’s jurisdiction under Section 11 is limited and summary to enforce statutory obligation of conveyance in terms of Section 4 agreements – Disputes as to title, extent, inclusion of structures and development rights are for civil court – Petition dismissed with liberty to file civil suit – All questions kept open [Paras 12-20, 28-31].

MOFA Section 11 Proceedings – Nature of jurisdiction – Competent Authority not a civil court – Cannot adjudicate complicated title disputes – Order of deemed conveyance transfers only such right, title and interest as promoter/landholder actually possesses – Does not enlarge title – Civil court not bound by Competent Authority’s observations – Remedy for landowner/legal heirs alleging excess conveyance is substantive civil suit for declaration/partition/cancellation/rectification [Paras 13, 15-19, 28].

Writ Jurisdiction – Disputed questions of fact – Extent of land conveyed and inclusion of structures – Allegation that agreements refer to different CTS number/area and that chawl/temple/ancestral structures and undivided co-ownership rights were included – Held: Issues are mixed questions of fact and law requiring examination of title documents, revenue records, sanctioned plans and evidence – Not amenable to adjudication under Article 227 [Paras 14, 17-19].

Natural Justice – Service of notice – Test of “real prejudice” – Supreme Court principles in State of U.P. v. Sudhir Kumar Singh – Mere breach not sufficient – Court must see whether actual prejudice caused and whether outcome would differ – Held: Estate of deceased owner represented before Competent Authority – one legal representative participated – several heirs gave no objection – proceedings are summary/document-based – petitioner failed to show what additional material would change statutory analysis – no real prejudice demonstrated – no interference [Paras 20-27].

Relief – Relegation to civil remedy – Where challenge to deemed conveyance essentially concerns title/quantum/structures and alleged overreach – Proper remedy is civil suit seeking declaration of title, partition (if advised), cancellation/rectification of conveyance and consequential relief – Writ petition dismissed – no costs – all questions kept open [Paras 28-31].

Decision: Writ Petition dismissed – Petitioner relegated to civil suit remedy – All questions kept open – No order as to costs [Paras 29-31].

Criminal Law – Circumstantial Evidence – Chain of Circumstances – Standard of Proof – Conviction recorded by Trial Court under Sections 364 and 302/34 IPC based entirely on circumstantial evidence – No direct eye-witness to kidnapping or murder – High Court reiterated settled principle that each incriminating circumstance must be fully proved and circumstances cumulatively must form a complete chain unerringly pointing to guilt of accused – Suspicion, however grave, cannot substitute proof – Prosecution failed to elevate case from “may be true” to “must be true” – Conviction unsustainable [Paras 23–25, 29].

Last Seen Theory – Evidentiary Value – Requirement of Proximity of Time and Place – Deceased last seen with accused on 07.02.1992 at about 6:00 p.m. at Delhi Railway Station – Dead body recovered near railway track at Ballabhgarh on 09.02.1992 at around noon – Medical evidence indicated death could have occurred any time on 09.02.1992 – Significant time gap between last-seen circumstance and death – Held: Last seen theory applicable only when time gap is so small that possibility of third-party intervention is excluded – Long gap rendered last-seen evidence unreliable – Conviction cannot rest solely on such weak evidence [Paras 26–29].

Medical Evidence – Cause of Death – Possibility of Accidental Death – Post-mortem doctor opined that injuries could have been caused by fall from a moving train – Possibility of railway accident not ruled out – Medical evidence did not conclusively support homicidal death attributable to accused – Held: Where medical evidence creates reasonable doubt, benefit must go to accused [Paras 15, 25(vii)].

Motive – Proof of Motive – Inconsistencies in Prosecution Case – Alleged motive of Rs.7,500/- paid by deceased to accused for securing employment – Contradictory statements regarding amount (Rs.7,000/- vs Rs.7,500/-) – No documentary proof of payment – Accused themselves labourers – Held: Motive not proved convincingly and incapable of strengthening prosecution case in absence of other reliable circumstances [Paras 8(iii), 25(vi)].

Delay in Lodging Missing Report / FIR – Effect on Prosecution Case – Deceased allegedly taken on 07.02.1992 – Missing report lodged only on 12.02.1992 – No satisfactory explanation for delay despite family allegedly knowing who took deceased – Delay weakened prosecution version and cast serious doubt on veracity of allegations [Paras 8(i), 25(ii)].

Handwriting Evidence – Parcha Allegedly Written by Accused – Proof Deficient – Slip allegedly written by accused relied upon by prosecution – No expert opinion or reliable proof establishing handwriting of accused – Witness testimony shaky and recorded after long delay – Held: Alleged parcha could not be treated as incriminating circumstance [Paras 8(ii), 25(i)].

Benefit of Doubt – Accused Entitled Where Two Views Possible – Evidence on record permitted hypothesis consistent with innocence of accused – Possibility of accidental death or third-party involvement not ruled out – Held: In cases of circumstantial evidence, where two views are possible, one favouring accused must be adopted – Appellants entitled to benefit of doubt [Paras 23, 29].

Decision: Appeal allowed – Conviction and sentence under Sections 364 and 302/34 IPC set aside – Appellants Anoop Singh and Ram Kumar acquitted of all charges – Bail bonds cancelled and sureties discharged.

Criminal Law - Essential Commodities Act – Excess Stock of Paddy – Conviction Set Aside – Prosecution alleged storage of excess 33.50 quintals of paddy by the appellant in violation of Para 17 of the West Bengal Rice and Paddy (Licensing and Control) Order, 1967 – Trial Court convicted the appellant under Section 7(1)(a)(ii) of the Essential Commodities Act – On appeal, High Court found serious doubts regarding the actual seizure and weighment of alleged excess stock – Held: Prosecution failed to prove the charge beyond reasonable doubt – Benefit of doubt extended – Conviction and sentence set aside [Paras 11–14].

Seizure of Contraband – Credibility of Seizure Witnesses – Both independent seizure witnesses (P.W. 1 and P.W. 2) categorically stated that they signed blank papers at the instance of the Investigating Officer and did not witness actual seizure or weighment of paddy – Witnesses not examined by Investigating Officer during investigation – Such evidence rendered seizure doubtful and unreliable [Paras 6–7, 11–12].

Evidence – Weighment of Seized Paddy – Failure to Examine Material Witnesses – Prosecution failed to examine any person who actually weighed the paddy – Weighment chart did not disclose who conducted the weighment – No evidence as to source of weighing machine – In a case alleging excess stock, absence of proof of proper weighment held to be fatal to prosecution case [Paras 8, 10–12].

Investigation – Procedural Lapses – Non-recording of General Diary Entry – Investigating Officer failed to record GD entry regarding departure for raid and return – Could not disclose jeep number or driver’s name – When raid itself was under challenge, such lapses created serious doubt about prosecution version – Held: Though not always fatal, in present facts such lapses assumed significance [Paras 8, 12].

Contradictions in Prosecution Evidence – Time and Manner of Seizure – Prosecution witnesses gave inconsistent versions regarding time of preparation of seizure list and presence of witnesses – Evidence showed seizure list was possibly not prepared at the spot – Prosecution failed to reconcile material inconsistencies – Doubt as to genuineness of seizure sustained [Paras 6, 8, 12].

Criminal Jurisprudence – Presumption of Innocence – Standard of Proof – Trial Court itself observed scope of doubt regarding seizure of 75 quintals of paddy but still convicted appellant on ground of improper maintenance of stock register – Held: Once reasonable doubt exists, conviction cannot be sustained – Prosecution must prove guilt beyond reasonable doubt and not on surmises or conjectures [Paras 11–13].

Decision – Appeal Allowed – Judgment and order of conviction dated 30.03.1993 passed by the Special Court (E.C.), Suri in Special Case No. 33 of 1992 set aside – Appellant acquitted of offence under Section 7(1)(a)(ii) of the Essential Commodities Act – Appreciation recorded for assistance of Amicus Curiae [Paras 14–15].

Arbitration – Section 34 – Scope of Interference – Perversity and Patent Illegality – Court reiterates that it does not sit as an appellate authority over arbitral awards – Reappreciation of evidence impermissible – Interference justified only where findings are based on no evidence, ignore vital evidence, or are so irrational that no fair-minded person would arrive at them – Possible and plausible view of arbitrator must be respected [Paras 30–35].

Public Works Contract – Delay in Execution – Attribution of Delay – Arbitral Tribunal undertook detailed factual inquiry by dividing delay into fifteen sub-heads including bhoomi poojan, approvals, permissions, land availability, drawings, and coordination between authorities – Tribunal’s findings holding Municipal Corporation solely responsible for delay found to be supported by documentary evidence and admissions in cross-examination – No perversity or ignorance of vital evidence established [Paras 36–43].

Admissions in Evidence – Evidentiary Value – Admissions by Municipal Corporation’s witnesses in cross-examination constitute best evidence – Once delay attributable to employer admitted, employer cannot rely merely on internal correspondence alleging contractor delay – Tribunal entitled to rely on such admissions [Paras 42–43].

Penalties in Works Contract – Delay as Foundation – Penalties imposed solely on ground of delay – Once contractor exonerated from delay, penalty orders automatically rendered unsustainable – Tribunal justified in setting aside penalty orders – No independent basis for penalties survives [Para 44].

Termination of Contract – Illegality – Termination effected prior to expiry of contract period solely on allegation of delay – Delay held not attributable to contractor – Termination therefore illegal and unjustified – Tribunal’s finding upheld [Para 45].

Blacklisting – Works Contract – Sub-Contracting – Blacklisting based inter alia on alleged sub-contracting and delay – Clause prohibiting sub-contracting of “whole work” does not bar partial sub-contracting – Large infrastructure contracts permit limited sub-contracting – Delay allegation found incorrect – Blacklisting order rightly set aside [Paras 46–47].

Running Account Bills – Certification of Work – Final RA Bill partly certified by Project Management Consultant and Municipal Corporation – Tribunal correctly awarded only certified amount and rejected excess claim – Withholding certified amount by adjusting penalties held illegal once penalties set aside – No perversity in awarding certified dues [Paras 48–52].

Taxes – Local Body Tax (LBT) – Pre-bid clarification limiting liability of LBT to materials procured within municipal limits – Contractor procured materials outside limits – Tribunal’s view allowing refund of deducted LBT held plausible and within contractual interpretation [Para 53].

Damages – Loss of Profit vs. Loss of Profitability – Distinction reiterated – Loss of profit arises from wrongful termination and does not require proof of actual loss – Loss of profitability due to prolongation requires strict evidence – Tribunal rightly awarded damages for loss of profit on unexecuted work upon finding termination illegal [Paras 54–61].

Damages – Quantum – Conservative Approach – Tribunal awarded 10% of balance work based on tender estimate and not actual contract value – Effective compensation only about 5.5% of unexecuted work – Award held extremely conservative and reasonable – No ground for interference under Section 34 [Paras 62–63].

Decision: Commercial Arbitration Petition No. 444 of 2024 dismissed – Challenge by Municipal Corporation rejected – Commercial Arbitration Petition No. 252 of 2024 dismissed as not pressed – Arbitral Award dated 18 June 2020 upheld in entirety – Directions issued for release/encashment of bank guarantees, stayed for eight weeks post-judgment [Paras 64–67].

Criminal Appeal – Maintainability – Order Framing Charge – Section 14A, SC & ST (Prevention of Atrocities) Act – Appellant challenged order of Special Judge framing charges under Sections 115(2), 352 BNS and Section 3(2)(Va) SC & ST Act – Contention that order framing charge is not an interlocutory order and hence appeal is maintainable – Reliance placed on Amar Nath, Madhu Limaye, V.C. Shukla, Girish Kumar Suneja, Sanjay Kumar Rai and Shashikant Sharma – Held: Order framing charge is not a final order and does not determine rights of parties – It merely allows trial to proceed and therefore falls within the scope of interlocutory order in the context of Section 14A – Appeal not maintainable [Paras 3–19].

Interlocutory Order – Meaning and Scope – Distinction between Final, Interlocutory and Intermediate Orders – Framing of charge may be termed an intermediate order in general criminal jurisprudence – However, for the purposes of statutory appeal under Section 14A SC & ST Act, such order squarely covered by expression “interlocutory order” – Supreme Court decision in V.C. Shukla v. State through CBI applied as Section 11 of Special Courts Act, 1979 is pari materia with Section 14A SC & ST Act – Non obstante clause excludes application of wider interpretation under Cr.P.C. [Paras 11–15].

Special Statute – Right of Appeal – Interpretation – Section 14A SC & ST Act provides appeal only against judgment, sentence or order not being interlocutory – Framing of charge is neither judgment nor sentence – Even assuming it to be an intermediate order, appeal does not lie – Remedy, if any, lies under revisional or inherent jurisdiction, not by way of appeal [Paras 16–18].

Decision: Appeal dismissed as not maintainable – Liberty reserved to appellant to avail other remedies available under law – Pending applications disposed of [Paras 19–20].

Matrimonial Law - Maintenance – Wife and Minor Child – Section 18 Hindu Adoptions and Maintenance Act – Partial Modification of Quantum – Family Court granted maintenance to wife and minor son at different slabs for different periods – On appeal, High Court upheld entitlement of wife and child to maintenance but modified quantum payable from the date of order – Held: Wife entitled to Rs.8,000/- per month and minor son to Rs.4,000/- per month from 27.06.2024 instead of Rs.10,000/- and Rs.5,000/- respectively [Paras 11–18].

Maintenance – Entitlement of Minor Child – No Dispute as to Relationship – Minor Son Living Separately from Father – Held: Minor child’s right to maintenance is absolute and unquestionable – No objection can be entertained against grant of maintenance to minor son [Para 11].

Maintenance – Wife Living Separately – Justification – Allegations on Fidelity – Neglect by Husband – Court held that baseless allegations on character of wife and failure to take steps for restitution of conjugal rights justify wife living separately – Entitlement to maintenance upheld [Paras 13–14].

Income of Husband – Determination of Maintenance – Payslip Evidence – Husband employed as Fireman in Naval Dockyard – Gross salary Rs.44,249/- per month – Net salary around Rs.19,160/- – Held: Net salary not decisive as deductions may be voluntary and variable – Husband has sufficient earning capacity to pay reasonable maintenance [Paras 15–16].

Quantum of Maintenance – Reasonableness – Scope of Appellate Interference – High Court found maintenance awarded by Family Court generally reasonable – However, future maintenance from date of order slightly on higher side – Modified keeping in view earning capacity and overall circumstances – Rest of directions confirmed [Paras 16–18].

Maintenance Proceedings – Rajnesh v. Neha Guidelines – Non-filing of Affidavits of Assets – Objection Raised at Appellate Stage – Held: Objection merits no consideration when appellant himself did not comply with disclosure requirements – Plea treated as an attempt to delay or dilute proceedings [Para 14].

Decision – Appeal Partly Allowed – Maintenance Reduced Prospectively – Past maintenance and other directions of Family Court confirmed – No order as to costs – Pending miscellaneous petitions closed [Para 18].

Civil Law – Reopening of Evidence – Additional Documents – Belated Applications – Certified Copies of Sale Deeds – Discretion of Trial Court – Petitioners sought reopening of evidence and permission to mark additional documents more than three years after closure of their evidence – Applications filed under Section 151 CPC, Order XVIII Rule 17 CPC and Order VII Rule 14(3) CPC – Trial Court dismissed applications for failure to explain delay and absence of foundational pleadings – Held: No infirmity or arbitrariness in refusal to reopen evidence at such belated stage [Paras 2–4, 6].

Order VII Rule 14(3) CPC – Production of Documents – Requirement of Due Diligence and Foundational Pleadings – Documents sought to be produced were not pleaded or relied upon in plaint – Petitioners had prior knowledge of documents even at time of chief affidavit – No explanation offered for non-production earlier – Held: Documents cannot be permitted to be introduced at a later stage without justification or pleadings [Paras 6–7].

Order XVIII Rule 17 CPC – Limited Scope – Not Intended to Fill Lacunae – Power to recall witnesses or reopen evidence is discretionary and to be exercised sparingly – Cannot be invoked to patch up omissions or prolong litigation – Held: Applications were rightly rejected as an attempt to delay proceedings [Paras 3, 6].

Article 227 – Supervisory Jurisdiction – Limited Interference – Interlocutory Orders – High Court cannot substitute its view for that of Trial Court unless order is perverse or arbitrary – Petitioners failed to demonstrate any jurisdictional error or unreasonableness – Held: No ground made out for interference under Article 227 [Paras 7–8].

Decision: Civil Revision Petitions dismissed – Common order dated 07.10.2025 upheld – No costs – Pending miscellaneous petitions closed.

Criminal Law – Murder and Robbery – Conviction based on Circumstantial Evidence – Accused Nos.1 to 3 convicted under Sections 302, 397 and 201 read with Section 34 IPC – Deceased murdered to avoid repayment of loan of Rs.2 lakh – Prosecution case resting entirely on circumstantial evidence including motive, last seen together, recovery of stolen articles, extra-judicial confession and conduct of accused – Trial Court conviction affirmed [Paras 12, 39–42, 75–76].

Circumstantial Evidence – Chain of Circumstances – Principles reiterated – Prosecution must prove that circumstances are fully established and consistent only with guilt of accused – Reliance placed on Supreme Court decision distinguishing “may be proved” and “must be proved” – Held: Chain of circumstances complete and unbroken, pointing unerringly to guilt of accused [Paras 39–42].

Homicidal Death – Medical and Ocular Evidence – Dead body exhumed from forest area – Multiple stab and crush injuries found on neck, head and skull – Medical evidence corroborating eyewitness and inquest testimony – Held: Death of deceased proved to be homicidal [Paras 43–47].

Motive – Financial Dispute – Evidence showing accused borrowed Rs.2 lakh from deceased and failed to repay – Deceased repeatedly demanded repayment – Accused hatched plan to eliminate deceased to avoid repayment – Motive established through testimony of wife and relatives of deceased [Paras 48–49].

Last Seen Theory – Accused and Deceased Seen Together – Evidence of dhaba staff, relatives and villagers showing deceased last seen in company of accused travelling towards place of incident – Proximity of time and place established – Accused failed to explain separation from deceased – Adverse inference drawn – Last seen circumstance proved beyond reasonable doubt [Paras 50–57].

Recovery of Stolen Articles – Section 27 Evidence Act – Gold chain, rings, Titan watch, mobile phone and clothes of deceased recovered at instance of accused from their houses – Recoveries proved through panch witnesses and Investigating Officer – Discovery of facts within special knowledge of accused – Recovery held valid and reliable [Paras 58–65].

Identification of Property – Wife of deceased identified recovered gold ornaments, watch and mobile phone as belonging to deceased – Ownership and connection of recovered articles with crime established [Para 66].

Extra-Judicial Confession – Evidentiary Value – Accused made voluntary confession before village elder/Sarpanch – Confession corroborated by other circumstantial evidence – Principles governing extra-judicial confession applied – Confession found reliable and admissible [Paras 67–71].

Section 106 Evidence Act – Conduct of Accused – Facts relating to murder and possession of deceased’s belongings within exclusive knowledge of accused – Failure of accused to offer any explanation – Such failure providing additional link in chain of circumstances [Paras 72–74].

Decision – Appeals Dismissed – Conviction and sentence dated 06/02/2018 and 08/02/2018 confirmed – Accused held guilty of offences under Sections 302, 397 and 201 read with Section 34 IPC [Paras 75–76, Order].