Civil Law - Specific Endowment - Tamil Nadu Hindu Religious and Charitable Endowments Act 1959 - Sections 6(16) and 6(19) - Religious Charities - Suit property described as M schedule in a 1960 partition deed was dedicated for performing charities at temples and feeding pilgrims - Appellants challenged the sale of this property to the 19th defendant - Trial Court dismissed the suit citing maintainability and limitation - High Court analyzed the nature of the endowment - Held - Property dedicated for charities associated with Hindu festivals or religious character constitutes a specific endowment under Section 6(19) - Statutory definitions and Supreme Court precedents confirm that such endowments fall under the exclusive domain of the HR&CE Act - [Paras 8-10].

Civil Law - Jurisdiction - Indian Trusts Act 1882 - Section 34 - Coram Non Judice - The parties had previously obtained permission to sell the property from the Principal Sub Court under Section 34 of the Indian Trusts Act - High Court noted that the Indian Trusts Act is inapplicable to public religious or charitable endowments - Section 108 of the HR&CE Act bars jurisdiction of civil courts when the field is occupied by the HR&CE Act - Held - The order of the Principal Sub Court granting permission for sale was without jurisdiction and coram non judice - Permission for alienation of such property must be obtained from the Commissioner of HR&CE under Section 34 of the HR&CE Act - [Paras 10-11].

Civil Law - Sale by Trustees - Validity - Non-joinder of all trustees - Suit property belonged to a trust where the plaintiffs and defendants 1 to 18 were descendants/trustees - Sale deed was executed only by a few defendants - Ratio Decidendi - When a document is executed on behalf of a trust - all trustees must join in the transaction unless delegation is proved - Held - Non-joining of the plaintiffs as signatories to the sale transaction renders the sale void - Sale process was further vitiated by fraud and irregularities in the auction - [Paras 11-13].

Civil Law - Limitation - Limitation Act 1963 - Article 94 - Suit to set aside transfer of immovable property comprised in a religious or charitable endowment - Sale took place in 2010 and the suit was filed in 2015 - Held - Article 94 provides a 12-year limitation period from the date the transfer becomes known to the plaintiff - Suit was filed well within the limitation period - [Para 14].

Civil Law - Maintainability - Recovery of Possession - Possession follows title - Respondents argued suit was not maintainable as plaintiffs did not pray for recovery of possession despite 19th defendant being in possession - Property was vacant land - Held - In cases of vacant land possession follows title - Since the sale was vitiated by fraud and the purchaser had no valid title - he cannot be in legal possession - Plaintiffs as co-trustees are deemed to be in joint possession - Relief of declaration and injunction was sufficient - [Paras 16-17].

Decision: Appeal suit allowed - Judgment and decree of the Trial Court set aside - Suit decreed as prayed for - Sale deed dated 28.06.2010 declared null and void - 19th defendant permitted to withdraw the deposited sale consideration with accrued interest - No costs.

Sports Law - Election of State Association - National Sports Development Code 2011 - Applicability - Appellant state sports association challenged the refusal of Respondent No 1 National Federation to recognize its Executive Committee elected under the supervision of a court appointed Returning Officer - Elections were conducted under Model Election Guidelines instead of the National Sports Development Code based on a non-existent order of the Orissa High Court cited before the Returning Officer - Single Judge dismissed the Writ Petition noting that six elected office bearers were ineligible government employees under the Code and the post of Chairman was unauthorized - Appellant argued that the judgment in Rahul Mehra v Union of India was delivered after the elections and could not be applied retrospectively - Court found that the Code was always applicable to constituents of National Sports Federations and subsequent judgments were only clarificatory - Held - No infirmity in the judgment of the Single Judge as elections were in breach of the Code and based on a non-existent order - Appeal dismissed - [Paras 1-33].

Writ Law - Judicial Precedent - Retrospective Application - Clarificatory Nature - Appellant contended that the legal position regarding the applicability of the Sports Code to state associations changed after their elections were concluded - Court observed that the decisions in Rahul Mehra and KP Rao were clarificatory and merely explained existing law rather than creating new law from a specific date - Held - The Sports Code was always applicable to the Appellant and no issue of retrospective application arises - [Paras 20-23].

Evidence Law - Fraud and Misrepresentation - Reliance on non-existent order - Returning Officer proceeded on the premise that the Sports Code was inapplicable based on a purported order of the High Court of Orissa which was later discovered to be fabricated - Respondent No 1 challenged the electoral process upon discovery of the discrepancy - Held - Reliance on a non-existent order vitiated the electoral process from its inception and the Returning Officer was precluded from examining candidate eligibility on the touchstone of the Sports Code - [Paras 26-30].

Writ Law - Writ Jurisdiction - Scope of Enquiry - Disaffiliation - Appellant alleged that it was unlawfully disaffiliated based on a fraudulent communication and alleged mala fides by Respondent No 1 in constituting a parallel body - Held - These issues necessitate an elaborate evidentiary enquiry which cannot be undertaken in exercise of writ jurisdiction - Appellant granted liberty to avail appropriate remedies in accordance with law - [Paras 31-32].

Decision: Appeal dismissed – Single Judge judgment affirmed – Appellant granted liberty to seek appropriate legal remedies regarding issues of disaffiliation and alleged fraud requiring evidentiary enquiry.

Civil Law - Specific Performance - Code of Civil Procedure 1908 - Section 96 and Order XLI Rule 1 - Appeal against Trial Court judgment refusing specific performance of sale agreement dated 12.01.2005 - Plaintiff and Defendant 7 jointly agreed to purchase agricultural land from Defendants 1-6 - Performance was contingent on an MOU with Defendant 8 to cancel a prior 2004 agreement - Plaintiff's cheques for Rs. 1.11 crores issued to Defendant 8 were dishonoured - Trial Court found Plaintiff lacked financial capacity as his bank balance was only Rs. 4,166 against a required contribution of Rs. 35 lakhs - Trial Court ordered refund of advance with 12 percent interest but denied specific performance - During High Court proceedings parties filed an unsigned joint memo for settlement of Rs. 5 crores - Held - Trial Court correctly found lack of readiness and willingness due to financial incapacity - Appeal disposed of in terms of the settlement for Rs. 5 crores as full and final satisfaction of all claims - [Paras 1-51].

Evidence Law - Readiness and Willingness - Specific Relief - Financial Capacity - Assessment of financial resources - Plaintiff produced a letter from his father-in-law promising financial assistance of Rs. 45 lakhs - Letter was not corroborated and the author was not examined as a witness - Plaintiff's bank statements showed negligible balance during the performance period - Held - Financial capacity is a fundamental requirement to prove readiness and willingness - Mere self-serving documents without corroborative evidence are insufficient to establish the ability to perform a contract - [Paras 25-28].

Civil Law - Conditional Contract - Unenforceability - Linked Agreements - Sale agreement validity was subject to the cancellation of a prior 2004 agreement through a separate MOU - MOU required payment to a third party which failed due to dishonour of cheques - Held - When a contract is contingent upon the performance of a secondary obligation which remains unfulfilled - the primary agreement remains unenforceable - No fraud found in subsequent alienation of property to a third party when the original purchasers failed to perform - [Paras 40-47].

Civil Law - Settlement - Full and Final Settlement - Compromise during appeal - Respondents agreed to pay Rs. 5,00,00,000 to the Appellant via banker's cheque after TDS deduction - Appellant agreed to relinquish all claims over the suit schedule property - Held - Settlement accepted voluntarily without coercion - Respondents directed to pay the amount within four weeks - Trial Court decree modified to reflect the settlement - [Paras 48-51].

Decision: Appeal disposed of in terms of the settlement – Respondents directed to pay Rs. 5,00,00,000 to the Appellant within four weeks – Judgment and decree of the Trial Court affirmed with modification regarding the settlement amount.

Writ Law - Unauthorized Construction - West Bengal Municipal Corporation Act 2006 - Section 2 - Definition of Building - Petitioner challenged order dated 18-05-2026 passed by Commissioner of Bidhannagar Municipal Corporation directing removal of tin shed structure at roof top of Plot No AD-70 Sector-I Salt Lake City - Petitioner contended structure was temporary detachable shed lacking enclosure and not qualifying as building under the Act - Reliance placed on Kishori Lal Poddar vs Bidhannagar Municipal Corporation 2025 SCC OnLine Cal 4087 - Private respondent alleged petitioner constructed three rooms increasing occupancy without sanction - Court found Commissioner failed to consider petitioner reply in reaching conclusion - Held - Impugned order set aside with direction to revisit issue after hearing all parties and considering relevant judicial precedent - [Paras 1-15].

Writ Law - Remand for Fresh Consideration - West Bengal Municipal Corporation Act 2006 - Section 259 - Reasoned Order - Challenge against demolition order where Commissioner failed to address specific defense that structure was not a building within statutory definition - Court observed that physical verification and application of law to facts were necessary for logical conclusion - Held - Respondent No 2 directed to pass reasoned order within four weeks after providing opportunity of hearing to petitioner and private respondent - [Paras 10-14].

Decision: Writ petition disposed of – Order dated 18-05-2026 set aside – Matter remanded to Respondent No. 2 for fresh reasoned decision in light of judicial precedents.

Writ Law - Habeas Corpus - Bharatiya Nyaya Sanhita 2023 - Sections 87 and 137(2) - Recovery of minor - Petitioner mother sought recovery of fifteen year old daughter enticed away by respondent five - Investigation by PS Sipri Bazar Jhansi found deficient and lacking objectivity - Charge-sheet submitted based on accused version without proper verification - Court noted non-compliance with directions in Subhash Chandra v State of UP requiring prosecutorial scrutiny of draft charge-sheets - Additional Chief Secretary Home failed to explain persistent non-compliance for nearly a year and belatedly projected intent to file Special Leave Petition only after Court sought explanation - Court found conduct of senior official reflected attempt to undermine judicial authority and postpone scrutiny of non-compliance - Corpus recovered by police during proceedings - Held - Proposed challenge before Supreme Court cannot serve as a shield for administrative officers to ignore binding High Court directions - Registry directed to transmit order to DoPT for assessment of officer suitability - Petition disposed of - [Paras 1-44].

Administrative Law - Accountability - All India Services - Superior Responsibility - Court observed resistance at administrative level to implement police reforms and investigative safeguards - Emphasized that administrative discretion must be exercised as a public trust and not as a privilege of rank - Noted that unbridled discretion leads to discrimination and undermines rule of law - Recommended evolution of a doctrine of superior responsibility to hold senior officers criminally accountable for failure to prevent or punish subordinate misconduct - Held - Framework for accountability must be placed before competent legislative and executive authorities to strengthen culture of transparency - [Paras 26-37].

Criminal Law - Investigation - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 193 - Scrutiny of Charge-sheet - High Court reiterated mandate for customized training of investigating officers and independent scrutiny of draft charge-sheets by Prosecution Officers - Emphasized that prosecutorial mind must be applied to rectify deficiencies before filing in court - Observed that current system reveals pattern of systemic non-adherence to investigative protocols - Held - Constitutional Courts must ensure orders are strictly implemented to uphold purity of legal system - [Paras 11-15].

Decision: Petition disposed of – Minor corpus recovered and restored to custody of parents – Certified copy of order directed to be transmitted to the Secretary, Department of Personnel and Training (DoPT), Government of India, regarding the conduct of the Additional Chief Secretary (Home).

Civil Law - Second Appeal - Code of Civil Procedure 1908 - Section 100 - Recovery of Professional Fees - Appellant engaged Respondent as Advocate in labor litigations - Employer paid Rs 80000 total compensation to Respondent on behalf of Appellant - Respondent retained Rs 60000 and returned only Rs 20000 - Appellant sued for recovery of balance - Respondent filed counterclaim for Rs 36000 as professional fees - Trial Court decreed main suit but dismissed counterclaim citing lack of evidence of fee bill - First Appellate Court upheld main decree but allowed counterclaim finding consensus between parties on fee amount and lack of proof of payment by Appellant - High Court observed that while Respondent conduct in retaining entire amount was unfair the oral evidence established the agreed fee and Appellant failure to pay - Held - No substantial question of law arises as First Appellate Court rightly appreciated evidence regarding non-payment of fees - Second Appeal dismissed - [Paras 1-50].

Civil Law - Counterclaim - Indian Evidence Act 1872 - Sections 3 and 101 - Proof of Debt - Respondent-Advocate failed to prove original fee bill Mark DW1/A in accordance with Law - Appellant however did not state in pleadings or evidence that he had paid the agreed fee amount - Oral evidence and party conduct established the professional fee was due and unpaid - Held - Decree of counterclaim is sustainable as non-production of a bill is not fatal when consensus on the debt exists and no proof of payment is rendered - [Paras 47-49].

Decision: Appeal dismissed – Judgment and decree dated 22.12.2023 passed by the First Appellate Court stands affirmed.

Criminal Law - Rape and Sexual Assault - Indian Penal Code 1860 - Section 376 - Protection of Children from Sexual Offences Act 2012 - Section 6 - Appellant-neighbor accused of abducting a 10-year-old girl from her home at midnight and raping her in a village school - Victim found unconscious with multiple internal and external injuries including hymen laceration - Victim identified the appellant by name upon regaining consciousness - Trial Court convicted appellant under Section 376 IPC and Section 6 POCSO Act sentencing him to life imprisonment - Appellant challenged the conviction citing inconsistencies and alleging the victim was a tutored witness - High Court found the victim testimony consistent and medically supported by the testimony of the doctor - Held - Prosecution proved the case beyond reasonable doubt - Conviction and sentence affirmed - Appeal dismissed - [Paras 1-39].

Evidence Law - Sole Testimony of Prosecutrix - Indian Evidence Act 1872 - Section 118 - Sterling Witness - Conviction based on solitary evidence of the victim in sexual offences - High Court revisited the settled law that if the victim evidence is found to be wholly reliable and inspires total confidence it can be made the sole basis for conviction without further corroboration - Court categorized oral testimony into wholly reliable-wholly unreliable-and neither wholly reliable nor wholly unreliable - Held - The victim was a sterling witness who stood firm during cross-examination - Her evidence was natural and consistent with the case of the prosecution - Minor contradictions or insignificant discrepancies should not be a ground for throwing out an otherwise reliable prosecution case - [Paras 24-35].

Criminal Law - Sentencing - POCSO Act 2012 - Objective of Stringent Punishment - Protection of children from sexual abuse - Court noted the gruesome nature of the crime and its lifelong impact on the minor victim mind and growth - Held - The POCSO Act was enacted to provide more stringent punishments for such obnoxious acts to protect children - The severity of the offence and its impact on the victim health and growth justify the stringent life imprisonment sentence - [Paras 36-37].

Decision: Appeal dismissed – Judgment and order of conviction dated 24.08.2018 affirmed – Appellant directed to serve the remaining sentence.

Writ Law - Passport Renewal - Constitution of India - Article 227 - NOC for Passport - Petitioner a businessman challenged the order of the Special Judge (PC Act) Bareilly dated 20.09.2025 which rejected his application for a No Objection Certificate for passport renewal - Two FIRs were registered in 2007 involving allegations of corruption and destruction of records - Investigation remained pending for nearly two decades and charge-sheet was filed in one FIR only in 2024 - A Co-ordinate Bench of the High Court had stayed the proceedings in FIR No. 1634 of 2007 on 21.11.2025 noting the 18-year delay and lack of pre-summoning evidence - Petitioner was already on bail - Trial court rejected the NOC application despite the stay and investigative delay - High Court held that the trial court order was erroneous as it failed to consider the stay order and the prejudice caused by inordinate delay - Held - Petition allowed - Impugned order set aside - NOC issued in favour of the petitioner for renewal of passport - [Paras 1-6 33-36].

Administrative Law - Accountability - Doctrine of Superior Responsibility - Judicial Directions - Non-compliance by State - Court examined the failure of the State of Uttar Pradesh to comply with directions issued in Manish Kumar Singh v. State of U.P. (2023) regarding the constitution of a High-Powered Committee (HPC) to monitor corruption investigations - State constituted the committee after a delay of nearly two years only when the present matter was taken up - Court observed that absolute discretion breeds corruption and leads to red-tapism - Doctrine of superior responsibility should be evolved to hold senior officers accountable for the failures of their subordinates - Senior officers must be held responsible for failure to prevent or report systematic under-performance or corruption - Held - Chief Secretary directed to conclude HPC proceedings effectively and place the order before the Chief Minister for perusal of accountability concerns - [Paras 7-18 26-32 37].

Decision: Petition allowed – Order dated 20.09.2025 set aside – NOC issued for passport renewal – Specific directions issued to the Chief Secretary for administrative accountability.

Criminal Law - Bail - Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 21, 25, 27-A and 29 - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 483 - Arms Act - Section 25 - Petitioner arrested following a tip-off regarding a drone-based smuggling network - Recovery of 1 kg heroin from a car occupied by co-accused Jaskaran and Amritpal while petitioner was later intercepted with 6 pistols and cash - State opposed bail citing the recovery of commercial quantity of heroin and the statutory bar under Section 37 of the NDPS Act - Petitioner argued parity with co-accused already released and highlighted 8.5 months of incarceration with the investigation complete - Court observed that the contraband heroin was not recovered from the direct possession of the petitioner and that the trial was unlikely to conclude in the near future - Held - Prolonged incarceration militates against the precious fundamental right guaranteed under Article 21 of the Constitution and in such situations the constitutional principles must override the statutory embargo contained under Section 37 of the NDPS Act - Petition allowed - [Paras 1-25].

Criminal Law - Statutory Embargo vs Fundamental Rights - Narcotic Drugs and Psychotropic Substances Act 1985 - Section 37 - Constitution of India - Article 21 - Conflict between the twin conditions for bail in commercial quantity cases and the right to liberty - Court followed the principles laid down in Mohd. Muslim and Rabi Prakash - Grant of bail on account of undue delay in trial is not fettered by Section 37 of the NDPS Act - Right to a speedy trial is a part of reasonable fair and just procedure - Prolonged incarceration and inordinate delay in trial conclusion justify the grant of bail even in commercial quantity cases - Held - Constitutional principles of liberty and speedy trial override statutory restrictions when incarceration is prolonged and trial progress is slow - [Paras 10-15, 21-22].

Criminal Law - Parity and Judicial Discretion - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 483 - Entitlement to bail based on release of co-accused and lack of direct possession - Petitioner sought parity with co-accused Amandeep and Harkirat who were previously granted bail - Court noted that the only allegation against the petitioner involved the recovery of pistols and not the commercial quantity of narcotics - Observed that the detention of the petitioner in judicial lock-up was not serving any further purpose as the investigation was complete - Held - Principles of parity and the fundamental postulate of presumption of innocence necessitate the grant of bail where no evidence exists of potential evidence tampering or flight risk - [Paras 7, 18-20].

Decision: Petition allowed – Petitioner ordered to be released on bail upon furnishing personal bond and surety bonds to the satisfaction of the trial court – Subject to conditions of non-interference with witnesses, notification of address changes, and restrictions on leaving India without prior permission.