Non-delivery of Possession – Petitioner not provided possession of flat despite full payment – Respondent offered inadequate temporary solutions and refunds without interest – Court highlighted plight of petitioner who invested life savings and faced severe accommodation issues – Writ petition allowed with direction for full refund with interest and compensation for mental agony [Paras 1-23].

Contempt of Court – Alleged non-compliance with Court's earlier order for monthly compensation to petitioner – Respondent complied with orders by paying monthly sums and attempting to provide suitable alternate accommodations – Contempt petition dismissed due to respondent's compliance and efforts [CONT.CAS(C) 1294/2023 & CM APPL. 3311/2024, Paras 1-6].

Judicial Notice – Court noted exponential rise in property prices, deeming respondent's offer to refund only principal amount as inadequate – Emphasized duty of State-run enterprises to act fairly, granting additional compensation for mental agony [Para 18, 22].

Civil Law – Orders for delisting trucks by Ex-Servicemen Corporation – Challenge in Himachal Pradesh High Court against delisting orders due to concealment of re-employment – Common judgment passed for multiple writ petitions - Orders for delisting trucks – Chairman-cum-Managing Director of HP Ex-Servicemen Corporation delisted trucks owned by petitioners – Concealment of re-employment by petitioners at the time of truck attachment – Court upheld the orders based on compliance with Division Bench ruling in Baldev Singh v. State of Himachal Pradesh [Paras 2-5].

Re-employment and Truck Attachment – Division Bench ruling in Baldev Singh (supra) dictates non-attachment of trucks if ex-serviceman is re-employed – If re-employed after attachment, the truck must be surrendered – Apex Court upheld this ruling [Para 3].

Final Judgment – Dismissal of petitions – Held – Petitions dismissed based on adherence to previous court directions – Ex-Servicemen Corporation to allow petitioners to ply trucks until new names from waiting list are finalized – Petitioners have no right to ply trucks once new names are finalized [Paras 5-6].

Interrogatories – Land Acquisition Case – Denial of Application – Petition challenging order of Sub Judge, Vaishali, Hajipur, denying interrogatories to the petitioner – High Court upheld lower court’s decision, emphasizing judicial discretion in allowing interrogatories – Found no error in the order rejecting the interrogatories application [Paras 1-5]​​.

Writ Jurisdiction – Distinction Under Articles 226 and 227 – Reference to Radhey Shyam v. Chhabi Nath ruling that judicial orders of civil courts are not amenable to writ jurisdiction under Article 226, but Article 227 can be invoked for supervisory jurisdiction – Emphasized procedural compliance as per amended High Court Rules, converting writ petitions to civil miscellaneous petitions [Paras 2, 3, 4]​​.

Judicial Discretion – Use of Interrogatories – Court emphasized that allowing interrogatories is a matter of judicial discretion aimed at aiding fair trial, not an absolute right – Reiterated the necessity for substantial reason to interfere with trial court’s discretion [Paras 3-5]​​.

Decision – Petition Dismissed – Held – Writ petition converted to Civil Miscellaneous Petition as per procedural requirements – Directed registry to facilitate conversion and prioritize listing before appropriate bench [Paras 4-5]​​.

Substitution of Legal Representatives – Hindu Marriage Act – Appeal against Family Court’s order allowing substitution of deceased husband’s parents as legal representatives in a petition under Section 11 – Appellant contends proceedings abated upon husband's death – Family Court held Order 22 of CPC applicable, allowing substitution – High Court affirms applicability of Order 22 in Family Court proceedings [Paras 1-32].
Interpretation of "Either Party" – Section 11 of Hindu Marriage Act – Discussion on whether parents of deceased petitioner can continue proceedings – High Court relies on precedent to support broader interpretation of “either party” to include legal representatives due to impact on property rights – Garima Singh v. Pratima Singh and Maharani Kusumkumari cases cited [Paras 19-31].
Beneficial Construction – Judicial approach to interpreting statutes – High Court emphasizes beneficial construction to uphold rights under social welfare legislation – Ensures property rights and socio-legal status are protected even after death of a party [Paras 22-27].
Decision – Appeal Dismissed – Held – Substitution of deceased husband’s parents as legal representatives is valid – Petition under Section 11 of the Hindu Marriage Act to proceed with substituted parties – No illegality in Family Court’s order [Paras 32-33].
 

Parole – Repetition of Petitions – Petitioner sought parole for the daughter’s marriage, previously filed and withdrawn – Concealment of relevant orders – Fresh petition dismissed due to identical cause of action with only a change in marriage date – Petitioner’s conduct deprecable for concealment and repetitive filing [Paras 1-8].

Maintenance of Judicial Records – Misuse of Court’s Process – Emphasizes necessity for petitioners to disclose all relevant orders and not misuse the court’s process by refiling similar petitions with minor changes – Court refrains from imposing costs due to the petitioner’s incarceration [Paras 7-9].

Decision: Petition dismissed – No costs imposed considering the petitioner’s current confinement [Paras 8-9].

Quashing of Proceedings – SC/ST Act and IPC – Petitioner sought quashing of criminal proceedings initiated under IPC and SC/ST Act – High Court found the complaint to be rooted in a civil land dispute rather than genuine allegations of caste-based atrocities – Emphasized principles from Priyanka Srivastava and Bhajan Lal cases regarding misuse of criminal law for settling civil disputes [Paras 2-24]​​.

Affidavit Support – Legal Requirement – Reiterated necessity of affidavits supporting applications under Section 156(3) CrPC to prevent misuse – Complaint not supported by affidavit, thus contravening established legal norms [Paras 5-10]​​.

Civil Dispute – Abuse of Criminal Law – Complaint indicated a civil dispute over land and alleged fraudulent activities – Court observed that criminal proceedings were initiated with ulterior motives to harass petitioners – Distinguished between genuine criminal offences and civil disputes disguised as criminal cases [Paras 6, 7, 9, 14]​​.

Decision – Quashing Allowed – Held – Quashed the order of cognizance dated 03.09.2013 and all consequential proceedings in Special Case No. 140 of 2014 – Emphasized that legal principles guiding quashing of frivolous criminal proceedings should be adhered to [Paras 15-16]​​.

Addition of Parties – Order I, Rule 10 CPC – Petitioners contested the order of Munsif, Barh, rejecting the application to add parties as defendants in a title suit – High Court upheld the trial court’s discretion, emphasizing that such decisions aim to facilitate effective adjudication without causing undue delay or complications – Found no error in the trial court’s refusal to add new parties as defendants [Paras 1-5].

Writ Jurisdiction – Distinction Under Articles 226 and 227 – Reference to Radhey Shyam v. Chhabi Nath ruling that judicial orders of civil courts are not amenable to writ jurisdiction under Article 226, but Article 227 can be invoked for supervisory jurisdiction – Highlighted procedural compliance as per amended High Court Rules, converting writ petitions to civil miscellaneous petitions [Paras 2, 3, 4].

Judicial Discretion – Proper Parties in Suit – Court emphasized that adding parties under Order I, Rule 10 CPC is a matter of judicial discretion aimed at ensuring that all necessary parties are before the court for a comprehensive adjudication – Reiterated the necessity for substantial reason to interfere with trial court’s discretion [Paras 3-5].

Decision – Petition Dismissed – Held – Writ petition converted to Civil Miscellaneous Petition as per procedural requirements – Directed registry to facilitate conversion and prioritize listing before appropriate bench [Paras 4-5].
 

Criminal Law – Quashing of Proceedings – Public Servant – Sanction for Prosecution – Petitioner, a public servant, challenged the cognizance of offences under Sections 323 and 504 IPC taken without prior sanction under Section 197 Cr.P.C. The petitioner, while serving as SHO, Police Station Masooda, was accused of abusing and beating the complainant during lawful detention. The court observed that actions taken by the petitioner were in discharge of official duties. Held, the protection under Section 197 Cr.P.C. applies, requiring prior sanction for prosecution. [Paras 1-27]

Legal Duty – Section 197 Cr.P.C. – Judicial Discretion – The court emphasized that cognizance taken without the requisite sanction is ex-facie illegal. The acts complained of had a reasonable connection with the discharge of official duties. Therefore, prosecution without sanction would lead to miscarriage of justice and undermine police efficiency in maintaining law and order. The petition was allowed, and the cognizance order along with subsequent proceedings was quashed. [Paras 13-24]

Decision – Petition Allowed – Cognizance order dated 30.01.2009 and revisional order dated 31.05.2011 quashed. Proceedings against the petitioner in the criminal complaint were also quashed for want of sanction. However, the prosecution may be revived if the requisite sanction is granted within 90 days. [Paras 25-27]

Income Tax – Cancellation of Registration under Section 12A – Power of Commissioner – Retrospective Application – The Commissioner’s order to cancel the registration of the assessee trusts under Section 12A was challenged. The court examined whether the Commissioner had the power to cancel such registration before the amendment of Section 12AA(3) in 2010, which explicitly provided for such power. The court held that prior to this amendment, the Commissioner did not have the express power to cancel registration, and thus, the cancellation orders dated 02.03.2010 and 26.03.2010 were without jurisdiction and authority [Paras 1-17].

Statutory Interpretation – Retrospective Amendment – Legal Principles – The court reaffirmed the principle that quasi-judicial orders cannot be modified or rescinded without express statutory authority. The retrospective application of amendments conferring such powers must be explicit and cannot be implied [Paras 17-18].

Educational Trusts – Charitable Activities – Surplus Income – It was argued by the Revenue that the trusts were engaged in profit-making under the guise of educational activities. The court referred to recent Supreme Court judgments emphasizing that surplus income does not necessarily negate the charitable nature of educational activities, provided such surplus is used for educational purposes [Paras 19-23].

Decision: Appeals dismissed – ITAT orders upheld – Registrations under Section 12A restored – Commissioner lacked the authority to cancel registrations prior to the 2010 amendment. The court also emphasized the importance of adhering to statutory guidelines and principles of fairness in administrative actions [Paras 24-26].