Recreational Activities – License Requirement – Petitioner club sought exemption from licensing for skill games like chess, rummy, and carom – Court directed installation of CCTV cameras and issuance of identity cards to members – Emphasized compliance with statutory regulations and prevention of unlawful activities – Petition disposed of with conditions to ensure lawful conduct and periodic police monitoring [Paras 1-9].

Judicial Precedent – Applicability of Previous Ruling – Referred to Division Bench decision in W.A.No.728/2020 concerning similar issues – Ensured consistent application of judicial principles regarding recreational club regulations and police oversight [Para 4].

Decision: Petition disposed of with specific conditions:

• Installation of CCTV cameras at access points and gaming areas within six weeks.
• Issuance of identity cards to members.
• No non-members or guests allowed to use premises for games.
• Prohibition on games of chance and gambling.
• Jurisdictional police permitted periodic inspections and action against unlawful activities.

Precautions against COVID-19 to be followed during recreational activities

Encroachment on Public Land – Noise Pollution – Food Joint "Books and Beans" – Petitioner Complained of Loud Music and Encroachment – Legal Action Taken, FIR Registered – Joint Encroachment Removal Conducted by MCD – Tables, Chairs, and Green Carpet Removed – DDA Confirmed Land Belongs to Them, No Right for Respondent No. 3 to Use It – Court Directed Regular Patrolling and Imposed Warning on Respondent No. 3 [Paras 1-15].

Loud Music Prohibition – Compliance with Supreme Court Directions – Statement by SHO Taken on Record – Assurance of No Loud Music Beyond 10 P.M. – Court Bound SHO to Ensure Compliance [Paras 8, 15].

Penalty and User Charges – Lack of Provision for Recovery – Court Directed DDA and MCD to Devise Mechanism for Levying Charges on Encroachers Based on Area, Duration, and Market Value [Paras 14].

Decision: Petition Disposed of – The court disposed of the petition with directives to ensure no loud music is played beyond 10 P.M. and no encroachment occurs. Respondent No. 3 was let off with a warning due to their young age and undertaking. The land-owning authorities were directed to frame rules for levying charges on encroachers for illegal use of public land. The SHO of P.S. Pandav Nagar was bound by their statement to ensure compliance.
 

Motor Vehicle Accident – Fitness Certificate and Insurance Liability – The appellants, owner and driver of the offending vehicle, contested the Motor Accident Claims Tribunal's decision to exonerate the insurance company from liability to pay compensation. The Court examined the legal requirements for a valid fitness certificate under Sections 39 and 56 of the Motor Vehicles Act. The absence of a fitness certificate on the date of the accident was deemed a fundamental breach of the insurance policy terms, justifying the insurance company's exoneration​​.

Legal Precedents – Applicability – The Court referred to previous judgments, including United India Insurance Company Ltd. v. Vinod and Others and The Oriental Insurance Company Ltd. v. Smt. Asha and Others, confirming that the absence of a fitness certificate constitutes a breach of the insurance policy, thereby exonerating the insurer from liability. The principle established in these cases was applied, rejecting the appellants' reliance on contrary precedents​​.

Insurance Policy Conditions – Interpretation – It was argued that the insurance policy did not explicitly mention the necessity of a valid fitness certificate. The Court clarified that compliance with legal requirements, such as maintaining a valid fitness certificate, is implicitly necessary for the insurance policy to be effective. The absence of such compliance constitutes a valid ground for the insurer's exoneration​​.

Decision:

The appeals were dismissed. The Court upheld the Tribunal's decision to exonerate the insurance company from liability to pay compensation due to the absence of a valid fitness certificate for the offending vehicle at the time of the accident. The principle of "pay and recover" applied by the Tribunal was affirmed​​.

Reassessment Action – Validity – Search Case – Petitioner Challenged Notice for AY 2013-14 Issued Post Search – Court Examined Timeframes Under Section 149(1) and 153C – First Proviso to Section 149(1) Requires Consideration of Pre-2021 Timelines – Reassessment Notice Held Beyond Limitation Period [Paras 1-13].

Block Period Computation – Section 153C – Legal Fiction Introduced by First Proviso to Section 153C – Six or Ten Year Block Period for Non-Searched Entity to be Computed from Handover of Material – AY 2013-14 Found Beyond Ten Year Block Period [Paras 10-19].

Legal Precedents – Interpretation of Relevant Assessment Year – Court Relied on Previous Judgments in Filatex India Ltd. and Ojjus Medicare Pvt. Ltd. – First Proviso to Section 149(1) Reaffirmed [Paras 3-11].

Decision: Petition Allowed – The court quashed the impugned notice dated 30 March 2023 and all consequential actions for being issued beyond the limitation period as per Section 149 read with Section 153C of the Income Tax Act. The court did not address the prayer regarding the reading down of Explanation 2(iv) to Section 148, as it is being considered in a separate case
 

Partition – Suit for Partition and Injunction – Plaintiff sought partition of two properties and an injunction against defendants from creating third-party interests – Properties were inherited from parents who died intestate – Defendant No. 1 proceeded ex-parte – Settlement reached among remaining parties for the sale of properties and division of proceeds – Plaintiff to receive Rs. 15 crores for renouncing her 1/3rd share in properties – Court appointed a Local Commissioner to facilitate sale and ensure compliance [Paras 1-30].

Settlement Agreement – Binding Terms – Detailed settlement terms recorded including lump-sum payment, responsibility for clearing liabilities, and sale procedures – Defendant No. 2 responsible for negotiating sale and clearing dues – Plaintiff to withdraw legal claims and provide necessary documents for sale – Local Commissioner to oversee execution of documents and sale process [Paras 9-30].

Decision: Suit decreed in terms of the settlement agreement – All interim orders vacated – Local Commissioner appointed to facilitate sale and compliance with settlement – Parties granted liberty to approach Court in case of impediments [Paras 28-30].
 

GST Registration – Retrospective Cancellation – Petitioner’s Registration Cancelled Retrospectively to 01.07.2017 – Application for Cancellation Rejected Without Specific Reason – Show Cause Notice Issued Without Specific Reason or Date for Hearing – Impugned Order Contradictory, No Material for Retrospective Cancellation – Court Held Cancellation Should Not Be Retrospective Without Proper Justification [Paras 1-14].

Compliance and Procedure – Petitioner No Longer Interested in Business – Registration to be Cancelled from Date of Application for Cancellation – Proper Officer’s Satisfaction Must be Based on Objective Criteria – Retrospective Cancellation Impacts Customers’ Input Tax Credit – Court Modified Order to Cancel Registration from 06.05.2019 [Paras 15-17].

Recovery of Dues – Respondents Not Precluded from Recovering Any Tax, Penalty, or Interest Due – Proper Notice and Hearing Required for Retrospective Cancellation [Para 18].

Decision:

Petition Disposed of – The impugned order dated 27.01.2021 was modified to cancel the registration from 06.05.2019. The respondents are not precluded from taking steps for recovery of any due tax, penalty, or interest following proper notice and personal hearing​​.

Habeas Corpus - Custody of Minor Child - Welfare of Child – Criminal Allegations of Dowry Harassment – Habeas corpus petition filed for the custody of a minor child – Custody taken by father alleged to be forceful – Consideration of child's welfare paramount – Two-month-old child taken from mother, who is alleged to have been subjected to cruelty for dowry – Supreme Court and High Court precedents prioritize child’s welfare over legal rights of parents – Held, custody to be handed to mother considering tender age and necessity of maternal care – Court directs compliance with visitation rights for father. [Paras 1-39]

Role of Parents in Custody – Analysis – Held – Petitioner (mother) alleged forceful taking of the child by respondent no.6 (father) – Father's custody claimed to be lawful by petitioner’s prior consent – Examined welfare needs of child, concluded welfare better secured with mother due to tender age and need for maternal care – Court recognizes the necessity for financial support by father, regardless of custody outcome. [Paras 1-39]

Decision - Custody Awarded to Mother – Habeas Corpus Writ Petition allowed – Court orders transfer of custody to the mother within seven days – Chief Judicial Magistrate and Superintendent of Police, Pratapgarh to ensure compliance – Father granted visitation rights twice a week. [Paras 34-39]

Criminal Law – Conviction Based on Circumstantial Evidence Set Aside – Criminal Appeal against Trial Court's conviction for murder – Allegation of killing brother over property dispute – Evidence purely circumstantial with no direct eyewitness account – Prosecution's failure to establish motive convincingly – Suspicion alone insufficient for conviction – Held that chain of circumstances not complete to exclude hypothesis of innocence – Appellant acquitted.

Circumstantial Evidence – Requirements for Conviction – Analysis – Held – Prosecution failed to provide a complete and unbroken chain of evidence to link the appellant conclusively to the crime – Established principles demand exclusion of every hypothesis except the guilt of the accused – Appellant's presence and conduct insufficient to establish guilt beyond reasonable doubt. [Paras 28-32]

Recovery of Weapon and Clothes – Admissibility – Section 27 of Indian Evidence Act – Held – Recovery of the axe and blood-stained clothes did not meet the legal standards for admissibility – Prosecution failed to prove the exact disclosure statement as required under law – Recovery of items from open, accessible place further weakens the evidence. [Paras 32-40]

Conduct of Accused – Relevance under Section 8 of Evidence Act – Held – Conduct of the accused in recovery of items noted but insufficient to form sole basis for conviction – Apex Court’s caution that conduct alone cannot establish guilt for serious offenses like murder applied – Benefit of doubt granted. [Paras 41-46]

Abscondence of Accused – Legal Implications – Held – Mere abscondence cannot be construed as conclusive proof of guilt – Innocent individuals may also abscond due to fear of wrongful arrest – Not a determinative factor in absence of solid evidence. [Para 45]

Section 313 Cr.P.C. – Incriminating Circumstances – Failure to Put to Accused – Held – Crucial recovery evidence not presented to the appellant during his statement under Section 313 Cr.P.C. – Violates legal principles ensuring fair opportunity for defense – Weighs in favor of acquittal. [Para 44]

Decision: Appeal Allowed – Conviction and Sentence Set Aside – Appellant Acquitted. The trial court's judgment convicting the appellant under Section 302 IPC is overturned due to insufficient evidence and lack of conclusive proof. Appellant's bail bonds cancelled, sureties discharged. Compliance with Section 437A Cr.P.C. required within 15 days.

Criminal Law – Anticipatory Bail – Application under Section 438 of the Cr.P.C – Petitioner sought anticipatory bail in connection with FIR No. 80/2024 registered at Police Station Crime Branch, Delhi for offences under Sections 21, 25, 29 of the NDPS Act – Information received regarding drug peddlers leading to the arrest of co-accused and recovery of 1010 grams of heroin – Petitioner named during the interrogation of co-accused – Petitioner alleged to be involved in drug trafficking syndicate – Petitioner absconding and failed to respond to notices under Section 67 of the NDPS Act – Application for anticipatory bail rejected. [Paras 3-13]

Evidence – Confessional Statements and Corroborative Material – Confessional statements of co-accused – WhatsApp conversations and Call Detail Records (CDRs) examined – Evidence indicating prima facie involvement of the petitioner – Court held that custodial interrogation necessary to uncover the entire drug syndicate. [Para 11-12]

Decision – Rejection of Anticipatory Bail – Court found no ground for granting anticipatory bail – Investigation at a nascent stage – Risk of tampering with evidence if bail granted – Application dismissed. [Para 13]