Civil Law - Procedure - Family Courts Act 1984 - [Not stated in judgment] - Restoration of application - Revision petitioner challenged the dismissal of his application C.M.P No. 2/2024 which was filed to restore an earlier petition to set aside an ex-parte order - The Family Court dismissed the application on the technical ground that the prayer was to set aside the order dated 30.08.2024 instead of explicitly seeking restoration - The High Court held that the nomenclature of the relief sought should not have been the primary focus of the lower court while ignoring the actual purpose sought to be achieved by the petitioner - Held - The decision of the lower court to dismiss the petition on purely technical grounds cannot be justified - Order set aside - [Paras 1-5].

Civil Law - Maintenance - Code of Criminal Procedure 1973 - [Not stated in judgment] - Conditional Restoration - Petitioner sought to set aside an ex-parte maintenance order directing payment of Rs 8000 per month - High Court observed that huge arrears were due to the respondent wife and further procrastination would cause hardship - As a pre-condition for the restoration of the petition to set aside the ex-parte order the Court directed the petitioner to deposit Rs 200000 out of the arrears within two months - Held - Restoration of C.M.P No. 1/2024 directed subject to the condition of partial deposit of arrears to balance the interests of both parties - [Paras 2-5].

Decision: Revision petition allowed in part – Order of Family Court in C.M.P No. 2/2024 set aside subject to petitioner depositing Rs 200000 within two months – Family Court directed to restore and decide C.M.P No. 1/2024 on merits upon compliance – Execution proceedings in M.C No. 289/2022 stayed for two months.

Criminal Law - Confiscation of Vehicle - Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 25, 60 and 63 - Interim Release on Financial Bonds - Applicant sought release of a truck confiscated by the Special Judge after his conviction for allowing the vehicle to be used for transporting poppy husk - Applicant argued the vehicle was deteriorating in the police station and sought release on financial bonds pending the final outcome of the appeal - Court observed that while Section 60 aims to inflict financial loss to dissuade illicit trafficking a conviction only attains finality when the appeal is decided - Held - Keeping confiscated vehicles in parking lots serves no purpose and causes irreparable economic loss to the owner and the State - Vehicles must be released on financial bonds ensuring that if confiscation is upheld the owner pays the current market value plus interest - Application allowed - [Paras 1-15, 32-36].

Criminal Law - Natural Justice - Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 60 and 63 - Right of Hearing - Applicant-owner claimed he was not heard before the order of confiscation was passed - Supreme Court in Bishwajit Dey v State of Assam held that seized vehicles can be confiscated only at the conclusion of trial and a hearing must be given to any person claiming a right to the vehicle - Held - Confiscation results in deprivation of property and must conform to natural justice - Prior hearing is mandatory to ensure a bona fide owner is not subjected to undue hardship without knowledge of the misuse of the vehicle - [Paras 8-10, 29-30].

Criminal Law - Disposal of Property - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 497 - Code of Criminal Procedure 1973 - Section 451 - Guidelines for Release - Court formulated a comprehensive procedure for interim release including certified valuation - personal bond - and surety by a solvent guarantor - Held - Registered owner must furnish an undertaking to pay the market value with 6 percent interest compounded annually if the confiscation is upheld - District Judiciary directed not to reject such applications in a mechanical manner where vehicles are not required for evidence - [Paras 16-25, 37-45].

Decision: Application allowed – Interim release of vehicle (TATA LPT3118 TC) ordered in favor of the registered owner – Applicant directed to furnish valuation report and financial bonds with 6 percent interest per annum – Order subject to compliance within ninety days.

Criminal Law - Sentence Modification - Indian Penal Code 1860 - Section 307 read with Section 34 - Attempt to Murder - Appellants Saghir Ahmad and Mohammad Iliyas convicted in 1985 for an incident occurring in 1981 - Trial court awarded five years rigorous imprisonment - During the pendency of the appeal the injured informant Smt Dharmi Devi moved a compromise application in 1986 stating that injuries were minor and received under pressure of local police - Compromise was verified by the Chief Judicial Magistrate Azamgarh in 1993 - Appellants are currently octogenarians and senior citizens - Matter has been pending for nearly forty-five years since the incident - Prosecution case involved fire opened by Iliyas resulting in gunshot injury to Smt Dharmi Devi during a village marriage party - High Court noted the long passage of time and the reformative nature of punishment in India - Reliance placed on Supreme Court precedents favoring the reduction of sentence to the period undergone in old cases involving elderly convicts - Held - Conviction maintained but sentence modified to the period already undergone - [Paras 1-22].

Criminal Law - Sentencing Policy - Reformative Justice - Proportionality - Code of Criminal Procedure 1973 - Section 374 - Court observed that the law of punishment in India is reformative and not corporeal - Sending eighty-year-old appellants to jail after forty-one years of conviction would not serve the basic principles of law - Sentencing must be just adequate and proportionate to the gravity of the offence - Undue sympathy is harmful but sending senior citizens to serve a remaining sentence after a long lapse of time is not justified - High Court exercised judicial discretion to balance the ends of justice with the specific circumstances of the case - Held - Judicious and purposeful punishment requires modification of sentence to the period undergone - [Paras 17-19].

Decision: Appeal partly allowed – Substantive sentence modified to the period already undergone – Bail bonds and sureties discharged.

Criminal Law - Murder - Ranbir Penal Code 1989 - Section 302 - Conviction set aside - Appellants were accused of murdering the deceased husband of the female appellant to continue an illicit relationship - Prosecution theory alleged administration of sedatives followed by strangulation and hanging the body to simulate suicide - Trial Court convicted appellants based on disclosure statements and motive - High Court observed that the prosecution failed to establish the foundational fact of the presence of the deceased at home during the occurrence - Natural witnesses being the children of the deceased did not witness the presence of the male appellant - Medical evidence failed to support the charge as viscera report was negative for sedatives and the doctor ruled out smothering - Held - The chain of circumstances was incomplete and broken - Conviction founded on conjectures and surmises cannot be sustained - Appellants acquitted - [Paras 1-52].

Evidence Law - Disclosure and Confession - Evidence Act 1872 - Sections 25 - 26 and 27 - Admissibility - Trial Court relied on entire confessional narratives recorded by police - High Court held that only the portion which distinctly relates to the discovery of a fact is admissible under Section 27 - Alleged recoveries of a glass and scarf from non-concealed places in the kitchen were deemed weak and inconclusive - Evidence of PW-16 revealed that the alleged sedatives were procured for the appellant's father - Held - Confessional portions of disclosure statements made in custody are hit by Sections 25 and 26 and must be excluded from consideration - [Paras 34-37, 49-50].

Criminal Law - Circumstantial Evidence - Evidence Act 1872 - Section 3 - Standard of Proof - Suspicion vs Legal Proof - Prosecution relied on motive of illicit affair and Call Detail Records (CDR) - High Court held that suspicion however grave can never substitute for proof beyond reasonable doubt - Motive assumes significance in circumstantial cases but cannot take the place of substantive proof especially when based on hearsay - Prosecution failed to establish "last seen" theory as no witness saw the appellants together at the relevant time - Held - When two views are possible the view favourable to the accused must be adopted - Prosecution failed to prove guilt beyond reasonable doubt - [Paras 40-41, 45-48, 51].

Decision: Appeals allowed – Conviction and sentence passed by the Trial Court set aside – Appellants acquitted and ordered to be released forthwith.

Criminal Law - Bail - Bharatiya Nyaya Sanhita 2023 - Sections 3(6) 3(7) 3(8) 61(2) 103(1) 105 106(1) 238 308(2) 316(5) and 318(4) - Petitioner as organizer of North East India Festival in Singapore sought bail following the drowning death of Brand Ambassador Zubeen Garg - Prosecution alleged petitioner harbored a grudge and conspired to eliminate the deceased by forcing participation and ensuring constant alcohol supply despite known medical restrictions for epilepsy - Evidence from room charts and witness statements suggested petitioner manipulated hotel arrangements to facilitate alcohol consumption and permitted hazardous deep-sea water activities without safety measures - Petitioner argued death was accidental and he was not present on the Yacht - High Court found prima facie evidence of an active conspiracy and deliberate exposure of the victim to life-threatening dangers - Held - Bail application rejected considering the magnitude of the offence and the status of the investigation - [Paras 1-84].

Criminal Law - Flight Risk - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 483 - Conduct of accused - Petitioner fled to Malaysia immediately after the incident and was apprehended at Delhi Airport following a lookout notice and Interpol alert - Petitioner contended travel was not for absconding - Court observed that previous conduct of fleeing and the necessity of alerting international authorities indicated a high risk of absconding - Held - Probability of petitioner fleeing or tampering with the 394 prosecution witnesses justifies continued detention - [Paras 42-67].

Writ Law - Personal Liberty - Constitution of India - Article 21 - Speedy Trial - Petitioner in custody for 8 months argued prolonged incarceration violates constitutional rights citing Najeeb and Andrabi judgments - Court distinguished the cited precedents noting they involved detentions exceeding five years without progress - Court emphasized that a special designated court was constituted for the day-to-day trial of this specific case - Held - Period of 8 months does not constitute an undue delay violating Article 21 given the complexity and special trial arrangements - [Paras 70-81].

Decision: Bail application rejected – Bail prayer of the petitioner Shyamkanu Mahanta in connection with Sessions Case No. 256/2025 stands dismissed – Trial Court directed to proceed with day-to-day trial.

Writ Law - Banking Fraud - Constitution of India 1950 - Article 226 - Letters Patent Appeal by State Bank of India challenging Single Judge order - Respondent No 1 fell victim to cyber fraud after clicking a suspicious link leading to unauthorized withdrawal of Rs 260000 - Banking Ombudsman ordered partial payment of Rs 33340 - Single Judge set aside Ombudsman order and directed bank to pay full amount with 9 percent interest - Division Bench found that the transactions were secured by Two-Factor Authentication and OTP delivery - Held - Issues regarding whether credentials were compromised by malware or voluntary disclosure are disputed questions of fact requiring forensic examination - Writ Court cannot presume deficiency in service without technical evidence - Appeal allowed and impugned judgment set aside - [Paras 1-20].

Civil Law - Customer Negligence - RBI Master Circular dated 06 July 2017 - Clause 6 and Clause 7 - Liability in unauthorized electronic banking transactions - Respondent No 1 clicked a link from unknown source prior to transactions - Bank sent OTPs and SMS alerts - Single Judge held customer was not negligent as he denied sharing OTPs - Held - The expression such as where he has shared the payment credentials in Clause 7(i) is illustrative and not exhaustive - Interacting with suspicious links exposing banking credentials to misuse constitutes negligence - Liability for loss rests with the customer until reporting to the bank - [Paras 9.1-13].

Writ Law - Scope of Jurisdiction - Constitution of India 1950 - Article 226 - Judicial Review - Challenge to Banking Ombudsman order - Bench examined if Single Judge was justified in fastening liability for cyber fraud - Held - Inquiry under Article 226 must confine to manifest arbitrariness or procedural infirmity - Matters requiring technical and forensic adjudication on evidence should not be conclusively determined in writ jurisdiction - Reliance on Tony Enterprises distinguished as that case involved established police investigation of SIM swapping - [Paras 15-18].

Decision: Appeal allowed – Impugned judgment of the Single Judge dated 18.11.2024 set aside – Banking Ombudsman order dated 20.10.2021 restored.

Criminal Law - Bail - M.P. Excise Act 1915 - Sections 34(2) and 46 - Illegal transportation of liquor - Police intercepted a truck carrying illegal liquor but the driver fled under cover of darkness - Applicant was arrested six months later based on a statement by the vehicle owner alleging an agreement of sale in favour of the applicant - Counsel argued applicant was falsely implicated without evidence as neither the notary nor the witnesses to the agreement were examined - Court observed the investigating officer conducted the probe in a casual and vague manner - Applicant in custody since 15.04.2026 with no criminal antecedents - Held - Considering the period of custody and expected delay in trial the application is allowed without commenting on merits - [Paras 1-9].

Criminal Law - Police Investigation - Direction for Inquiry - M.P. Excise Act 1915 - Section 46 - Negligence in duty - Court found the investigating officer acted in a casual manner by failing to examine essential witnesses or the notary for the alleged sale agreement - Held - Superintendent of Police directed to initiate an inquiry against the investigating officer to ensure such lapses are not repeated - Report of investigation to be produced before the Principal Registrar within two months - [Para 7].

Decision: Application allowed – Applicant directed to be released on bail upon furnishing a personal bond of Rs. 25,000 with one solvent surety – Inquiry ordered against the investigating officer.

Criminal Law - Cruelty and Dowry Harassment - Code of Criminal Procedure 1973 - Section 482 - Quashing of Proceedings - Applicants-in-laws challenged the charge-sheet and criminal proceedings for offences including Section 498A IPC and Dowry Prohibition Act - Complainant alleged she was subjected to cruelty for additional dowry of five lakhs and landed property - Allegations included physical assault and retention of stridhan by the mother-in-law - Applicants contended that the FIR was a retaliatory counterblast to a prior divorce petition and criminal complaint filed by the husband - Reliance was placed on a handwritten note where the complainant allegedly stated she left the matrimonial home voluntarily - Court observed that the authenticity of the note and the medical evidence regarding injuries were disputed questions of fact - Held - High Court cannot conduct a mini-trial at the stage of quashing under Section 482 - Prima facie allegations exist against the applicants that require trial - Application dismissed - [Paras 1-23].

Criminal Law - Inherent Powers - Code of Criminal Procedure 1973 - Section 482 - Scope of Jurisdiction - Stage of Quashing - High Court is only required to consider whether sufficient material is available to proceed against the accused - Jurisdiction is limited and does not extend to an enquiry into the reliability or genuineness of allegations as if conducting a trial - Even if an FIR appears to be a counterblast to earlier proceedings such an aspect cannot be conclusively determined at this stage when adjudication requires appreciation of evidence - Held - Power under Section 482 should be exercised sparingly and only to prevent abuse of the process of the court - [Paras 17-20].

Criminal Law - Criminal Breach of Trust - Indian Penal Code 1860 - Section 406 - Ingredients - Entrustment of Property - Applicants argued that the essential ingredients of Section 406 were not met as allegations of stridhan retention were general - Court noted specific allegations against the mother-in-law regarding non-return of stridhan and administering harmful medicine - Reliance placed on precedent that the gist of the offence is dishonest misappropriation - Held - Whether the retention was dishonest or if misappropriation occurred are matters for trial when prima facie material is collected during investigation - [Paras 12-15].

Decision: Application dismissed – No interference warranted at the stage of charge-sheet as allegations require examination through trial – Trial Court to proceed as per earlier directions.

Civil Law - Abatement and Substitution - Code of Civil Procedure 1908 - Order XXII Rule 4 and Rule 11 - Appeal filed in 2013 - Respondent No. 7 died on 21.03.2020 during pendency - Application for substitution not filed within 90 days as per Article 120 of Limitation Act - Appeal abated by operation of law - Appellants filed for condonation of 12 days delay in seeking setting aside of abatement - Respondents argued that parties being co-villagers implied prior knowledge of death - Court observed that while abatement occurs automatically the delay of 12 days was satisfactorily explained by appellants - Held - The primary function of a Court is to adjudicate disputes on merits and advance substantial justice - Rules of limitation should not be used to terminate proceedings on technical grounds where no gross negligence or dilatory tactics are found - [Paras 1-18].

Civil Law - Duty of Counsel - Code of Civil Procedure 1908 - Order XXII Rule 10-A - Communication of death of party - Respondents counsel failed to perform the duty to communicate the death of Respondent No. 7 to the Court - Tiny font used to mention dead in a previous miscellaneous application without specific date of death was deemed a deliberate attempt to keep appellants in the dark - Rule 10-A was inserted to avoid unnecessary disputes of fact regarding the death of a party - Held - Rule 10-A casts an obligation on the pleader representing the deceased to inform the Court so that the opposite party is put on notice - Non-compliance with this duty meant the Court had no occasion to notify the appellants within the limitation period - [Paras 9-10].

Civil Law - Condonation of Delay - Limitation Act 1963 - Section 5 - Sufficient Cause - Interpretation in abatement matters - Delay of 12 days in seeking setting aside abatement - Appellants claimed knowledge only upon receiving respondents application for dismissal of appeal - Held - The expression sufficient cause in the context of abatement of suits and appeals must receive a considerably more liberal construction to advance substantial justice - Courts should generally be more liberal in matters relating to setting aside abatement than in other cases - Appellants should not be non-suited for unintended lapses resulting in foreclosure of the appeal - [Paras 13-17].

Decision: Delay condoned – Abatement set aside – Legal heirs of deceased Respondent No. 7 taken on record – Appellants directed to file a fresh memo of parties.