Civil Procedure – Impleadment – Order 1 Rule 3 CPC – Application by Travancore Devaswom Board to be impleaded as supplemental defendant in a suit for declaration of title and recovery of possession – Trial court dismissed application for failure to satisfy conditions under Order 1 Rule 3 – Revision petition filed against this dismissal – High Court upheld trial court’s order – Board’s claim did not arise from same act or transaction and lacked common question of law or fact with existing parties – Plaintiff's dominion over choice of defendants affirmed [Paras 1-8].

Order 1 Rule 3 CPC – Conditions for Joinder – High Court emphasized necessity for both conditions under Order 1 Rule 3 to be satisfied for joinder – Commonality of act or transaction and question of law or fact required – Petitioner's claim distinct from existing parties' issues – No mandatory common link found [Paras 4-6].

Plaintiff’s Prerogative – Dominus Litis – Court reiterated plaintiff’s prerogative to choose defendants – Impleadment not obligatory where no relief sought from additional party – Any decree would not affect non-party’s rights – Separate suit advised for petitioner's claims [Paras 7-8].

Decision: Civil Revision Petition dismissed – Impleadment under Order 1 Rule 3 CPC not warranted – Petitioner's rights unaffected by current suit's decree – No illegality or impropriety in trial court's order.

Wills – Validity – Proof of Execution – Appellant challenged appellate court's decision validating Will dated 07.06.1997 and declaring earlier Will void – Trial court found suspicious circumstances and invalidated later Will – Appellate court reversed trial court's decision – High Court upheld appellate court’s findings based on clear attestation and lack of significant infirmities in testator’s condition – Execution of Will validated as per legal requirements [Paras 1-27].

Suspicious Circumstances – Execution of Will – Evidence – High Court noted discrepancies in trial court's findings on suspicious circumstances – Testator’s slight signature differences due to age not sufficient to invalidate Will – Physical inability to travel to usual SRO justified alternative execution location – Testator's capacity affirmed by witness testimonies [Paras 16-23].

Burden of Proof – Propounder's Duty – Propounders proved due execution of Will through credible witness testimonies – Appellate court's re-appreciation of evidence and findings aligned with legal standards – High Court confirmed propounder's discharge of burden of proof [Paras 25-27].

Decision: Second appeal dismissed – Appellate court's decree validated – No substantial questions of law warranting interference – Parties to bear their respective costs.

Income Tax – Income Computation and Disclosure Standards – Retrospective Application – Petitioners challenged the retrospective effect of ICDS, specifically concerning the valuation of inventories – Petitioners followed Last-In-First-Out (LIFO) method consistently – Central Government notified ICDS mandating First-In-First-Out (FIFO) or weighted average cost formula from Assessment Year 2017-18 – Delhi High Court in Chamber of Tax Consultants case struck down parts of ICDS for being ultra vires – Retrospective amendment of Section 145A by Finance Act 2018 to legitimize ICDS – Petitioners argued increased tax liability due to revaluation of closing stock [Paras 1-6].

Excessive Delegation – Judicial Precedents – Petitioners contended that ICDS notification exceeded delegated legislative powers – High Court upheld the findings of Delhi High Court – ICDS cannot override judicial precedents or statutory provisions – Executive's power to notify accounting standards limited to computation methods, not substantive tax principles [Paras 4-5].

Valuation of Inventories – Method of Accounting – LIFO vs. FIFO – Petitioners' long-standing practice of using LIFO for stock valuation – Retrospective application of FIFO resulted in substantial increase in closing stock value and tax liability – High Court examined the validity of retrospective changes and upheld the need for consistency with judicial precedents and legislative intent [Paras 3, 6].

Decision: Writ petition allowed – Retrospective application of ICDS provisions on inventory valuation found to be unjust – Directions issued for revaluation based on consistent accounting methods followed by petitioners – Executive action to comply with judicial precedents and statutory framework.
 

Negotiable Instruments Act – Compounding of Offence – Petitioners sought to compound the offence under Section 138 of the N.I. Act – Application dismissed by the appellate court due to lack of consent from the complainant – Court emphasized that consent of the complainant is essential for compounding under Section 147 of the N.I. Act – Distinguished from the Supreme Court’s rulings in M/s Meters and Instruments Pvt. Ltd. And Damodar S. Prabhu, which stress the necessity of consent for compounding – Application of Section 482 Cr.P.C. without complainant’s consent not permitted [Paras 1-20].

Jurisdiction and Powers of Courts – Section 147 of the N.I. Act – The court does not have inherent powers to compound the offence under Section 138 of the N.I. Act without the complainant’s consent – Reference made to the recent Supreme Court ruling in Raj Reddy Kallem, reinforcing the necessity of complainant’s consent [Paras 13-14].

Decision- Petition dismissed – Upheld the order of the Additional District Judge – Reiterated the requirement of complainant’s consent for compounding under Section 147 of the N.I. Act – Rejected the application under Section 482 Cr.P.C. in the absence of complainant’s consent [Para 20].

Arbitration – Extension of Arbitral Tribunal's Mandate –  Arbitration Law – Applications filed under Section 29(A)(4) and Section 29(A)(5) of the Arbitration & Conciliation Act, 1996 – M/s Geo Miller & Co. Pvt. Ltd. and GPT Infraprojects Limited sought extension of arbitral tribunal’s mandate – High Court appointed arbitrators under Section 11 of the Act – Issues related to jurisdiction and conflicting precedents regarding the maintainability of such applications before the High Court or Principal Civil Court of original jurisdiction – Previous judgments by Coordinate Benches considered. [Paras 1-4, 6-7]

Judicial Precedents – Conflicting Judgments – Doctrine of Stare Decisis – Supreme Court’s guidance on handling conflicting judgments of Coordinate Benches – Earlier decisions to be followed until overturned or clarified by a Larger Bench – Judgment in Indian Farmers Fertilizers Cooperative Limited vs. Manish Engineering Enterprises highlighted as binding precedent – Reference to Larger Bench on related issues. [Paras 8-24]

Decision – Maintainability of Applications under Section 29A – Judgments in Lucknow Agencies and Indian Farmers Fertilizers delineated different factual scenarios – Applications under Section 29A maintainable before High Court when arbitrator appointed under Section 11 by High Court – Earlier judgment in Indian Farmers Fertilizers holds precedence over A’Xykno Capital Services. [Paras 25-33]

Copyright Law – Licensing and Royalty Payments – Commercial Exploitation of Sound Recordings – Whether Vodafone Idea Limited is required to obtain a license from IPRS and pay royalties before commercially exploiting musical and literary works incorporated into sound recordings. Held, Vodafone is statutorily obliged to procure licenses from IPRS and pay royalties, even if it has entered into agreements with Saregama India Limited for the exploitation of sound recordings. [Paras 1-32]

Rights of Authors – Amendments to the Copyright Act – Interpretation – The amendments to the Copyright Act in 2012 grant specific rights to authors of literary and musical works, including mandatory royalty sharing for public communication of such works. The statutory changes prohibit authors from renouncing their rights to royalties, and commercial exploiters of such works are required to comply with these provisions. [Paras 20-24]

Role of Saregama – Assignment of Rights – Legal Limitation – Saregama, having assigned its rights in musical and literary works to IPRS, cannot grant Vodafone rights to exploit these works. Any assignment by Saregama to Vodafone is void under the amended Copyright Act. [Paras 25-30]

Decision: Vodafone is required to obtain licenses from IPRS and pay royalties for the exploitation of musical and literary works in sound recordings. The interim orders restraining IPRS from claiming royalties from Vodafone are vacated, and Vodafone is directed to comply with the statutory requirements. [Paras 31-32]

Service Law – Disciplinary Proceedings – Bank employee accused of temporary misappropriation of Rs. 35,000 – Initial punishment of discharge from service by disciplinary authority – Central Government Industrial Tribunal modified penalty to reinstatement with 50% back-wages and stoppage of two increments – Single Judge partially upheld Tribunal’s decision, modifying penalty to reinstatement with 20% back-wages and stoppage of five increments – Appeals filed by both delinquent employee and Bank Management [Paras 1-3, 10-14].

Section 11A of the Industrial Disputes Act – Tribunal’s power to modify punishment – Tribunal's discretion in modifying penalties must be exercised judiciously, considering the gravity of the misconduct and the employer's loss of confidence in the employee – High Court held that Tribunal’s interference with the disciplinary authority’s penalty of discharge was unjustified given the proven misconduct and breach of trust by the employee [Paras 6-13].

Decision – Appeals by Bank Management allowed – Appeals by delinquent employee dismissed – Original penalty of discharge from service upheld – Tribunal’s and Single Judge’s orders modifying the punishment set aside [Paras 14].

Family Law - Customary Divorce - Validity and Proof - Second Appeal: The appellant, Anarkali, contended that she was the legally wedded wife of Late Rampal until his death, arguing against the claim of customary divorce (Chhoda Chhutti) by the respondent no.1, Siyawati. The court held that the existence and recognition of the custom must be specifically pleaded and proved by cogent evidence. The first appellate court erred in accepting the customary divorce without adequate proof of its prevalence and recognition in the concerned community. The court reiterated that a Hindu marriage can only be dissolved in accordance with the statutory provisions or a well-established custom. The judgment of the first appellate court was set aside, restoring the trial court's decision. [Paras 13-34]

Validity of Marriage - Substantial Questions of Law - Burden of Proof: The appellant's marriage was held valid as the respondent no.1 failed to prove the customary divorce and her own marriage to Late Rampal in accordance with Hindu rites. The court underscored that the burden of proof lies heavily on the party claiming the customary divorce. The appellant successfully rebutted the presumption of a valid customary divorce, maintaining her status as the legally wedded wife. [Paras 21-25, 27-30]

Procedural Law - Appeal - Counter Claim: The court addressed the issue of whether a single appeal challenging the common judgment and decree passed in both the main suit and the counter-claim was maintainable. It held that the appeal was valid as it adequately covered both decrees, emphasizing the principle that one appeal is sufficient where there has been one trial and one decision, even if multiple decrees are drawn. The appeal process in such cases must ensure comprehensive adjudication to avoid piecemeal litigation. [Paras 37-48]

Decision: The Second Appeal is allowed. The judgment and decree dated 05.03.2010 passed by the Additional District Judge, Court No.7, Raibareli in Civil Appeal No.86/2009 is set aside. The judgment and decree passed by the trial court is restored.

Negotiable Instruments Act – Section 138 – Quashing of Complaint – Petitioner sought quashing of complaint and proceedings under Section 138 NIA – Petitioner argued entire liability had been discharged prior to complaint – Court noted petitioner made payments exceeding the cheque amount – Respondent’s claim for interest not a ground for maintaining the complaint – Held, once cheque amount is paid and accepted, Section 82 NIA applies, discharging liability [Paras 1-31].

Interest Claim – Section 138 NIA – Whether dishonor of cheque issued for interest on delayed payment constitutes legally enforceable debt – Court held, in absence of specific demand and agreement for interest in complaint, interest cannot form basis for Section 138 NIA action – Presumption under Sections 118, 139 NIA applies only to principal amount [Paras 16-22, 25-28].

Decision – Petition Allowed – Complaint and all consequential proceedings quashed – Court directed release of remuneration for legal aid counsel as per rule [Paras 29-31].