Village Common Lands - Jurisdiction to Decide Title Suits – The amendment of Section 13-A by Haryana Act No. 9 of 1999 confers jurisdiction to decide original title suits solely on the Collector – Held, orders passed by the Assistant Collector deciding such title suits are without jurisdiction and thus quashed – Assistant Collector’s decision dated 24.09.2016 is a nullity. [Paras 1-22]

Powers of Assistant Collector and Collector – Analysis – Post-amendment, Assistant Collectors retain jurisdiction to decide questions of title only within eviction proceedings under Section 7, not in independent title suits – Orders by Assistant Collectors outside this scope are invalid. [Paras 10-12]

Decision – Nullity of Orders Beyond Jurisdiction – The court reiterated that decisions made by an authority without proper jurisdiction are null and void – Consequently, the matter is remanded to the Collector for a fresh decision as per the statutory framework. [Paras 36-38]

Consensual sexual relationships involving minors - Application of the POCSO Act - Whether consensual sexual intercourse between a minor girl and an adult male should be considered rape under the POCSO Act solely based on the age of the girl. [Para 15]

Understanding the concept of consent - The essence of consent lies in the voluntary agreement communicated through words, gestures, or any form of verbal or non-verbal communication - Lack of physical resistance does not imply consent. [Para 15]

Adolescence as a phase of transition and sexual development - Adolescence is a period of significant sexual development, curiosity, and exploration - Access to sexual information through the internet and other sources increases vulnerability and curiosity among adolescents. [Para 16]

Concerns about strict application of the POCSO Act - Various High Courts raise concerns about the strict application of the POCSO Act in consensual relationships between teenagers - Differentiating cases of sexual exploitation from cases of teenagers involved in romantic relationships. [Para 19]

Reconsidering the age criteria for consent - Comparison of the age of consent in different countries - Need to reconsider the age criteria for consent in light of ground realities and adolescents' ability to make informed decisions. [Para 18]

Balancing protection and autonomy - Striking a balance between protecting vulnerable minors and allowing adolescents to exercise their autonomy and make decisions appropriate to their age and maturity. [Para 26]

Call for a nuanced approach - Advocating for a more nuanced approach to consensual sexual relationships involving minors - Suggesting that the issue should be considered by the Parliament. [Para 27]

Setting aside the conviction - Conviction of the appellant set aside - Consensual sexual acts between a minor girl and an adult male not automatically classified as rape under the POCSO Act - Appellant acquitted and ordered to be released. [Para 29]

Kerala Building Tax Act – Exemption for buildings used principally for religious, charitable, or educational purposes – Interpretation of the phrase “charitable purpose” in relation to medical relief – Whether free medical relief is the only form of medical relief that qualifies as a charitable purpose – Previous judgments in SH Medical Centre Hospital v. State of Kerala and Unity Hospital – Scope and ambit of exemption provision – Liberal interpretation of beneficial provisions – Compliance with the requirement of free medical relief for exemption – Appellant’s building not primarily used for providing free medical relief – Appellant’s claim for exemption based on providing medical relief at concessional rates – Consideration of income-expense statement of appellant’s institution – Figures showing a nominal amount expended for charitable purposes – Appellant’s contention as a charitable institution under the Income Tax Act – Full Bench decision in Mother Superior Adoration Convent affirming Unity Hospital – High Court’s deference to its previous judgments and principles of interpretation – Strict construction of exemption provision at entry stage – Inclusive definition of “charitable purpose” and use of the term “includes” – No lesser form of medical relief than “free” medical relief qualifies as charitable purpose – Dilution of the prescription regarding medical relief not warranted – Interpretation of the term “include” as a word of limitation and exhaustion – Extent of free medical relief provided by the appellant insufficient for a liberal interpretation – Appellant’s building does not qualify for exemption – Writ appeal dismissed. (Para 1-16)

Arbitration - Appointment procedure - Broad-based panel - Impartiality and independence - Counterbalancing of power - Scope of appointment procedure in government contracts - Principles laid down in Voestalpine case - Panel should include engineers from the private sector, legal professionals, and individuals from other fields - Need to create a healthy arbitration environment - Panel must be broad-based and instill confidence in parties - Restrictive panels not in conformance with principles - Counterbalancing achieved when both parties nominate arbitrators - Exclusive appointment power may impinge upon party autonomy - Appointment procedure lacking counterbalancing - Appointment of an independent and impartial Arbitral Tribunal - Nominated arbitrators and presiding arbitrator to be appointed - Parties free to raise claims before the Arbitral Tribunal - Merits of substantive disputes left open. [Para 24-48]

Regular Bail - Grant of - Petitioner under Sections 21/27-A of the NDPS Act - Allegations of possession of 6 grams of smack - Previous instances of petitioner absconding from trial proceedings - Bail granted and subsequently breached - Petitioner's application for bail rejected by Trial Court - Petitioner in custody for a significant period - No other pending case under NDPS Act against petitioner - Bail granted with conditions. (Para 4)

Conditions for Bail - Additional conditions imposed to prevent misuse - Petitioner bound by conditions including not misusing the granted liberty, not tampering with evidence, not absenting himself from trial, not committing similar offenses, depositing passport with trial Court, providing cellphone number to police authorities, and not delaying the trial - Breach of conditions may result in cancellation of bail. (Para 5)

Writ Petition (Criminal) – Custody of autistic ward – Invocation of parens patriae doctrine – Petitioner, mother of an autistic ward, sought custody after the demise of her husband who was appointed as the guardian under the National Trust Act – Provisions of the Act – Analysis of Sections 10 and 14 – Court’s discretion to act as parens patriae in exceptional cases – Consideration of the ward’s welfare – Petitioner’s capability and willingness to care for the ward – Invocation of parens patriae doctrine – Court directing District Administration to hand over custody to the petitioner for the welfare of the ward.(Para No.2, 5, 7, 8, 9)

Criminal Bail Application – Grant of Bail – Petitioner denied bail by trial Court – Nature of charges under various sections including IPC, NDPS Act, and Arms Act – Prosecution alleging involvement in illegal activities – Co-accused already granted bail – Prolonged preventive custody – Likelihood of tampering with evidence and influencing witnesses – Balance between individual liberty and the interest of justice – Held, petitioner's release on bail justified in the absence of substantial evidence of tampering or influencing – Co-accused already granted bail – Petitioner's life and career at stake – Bail granted subject to conditions – Passport surrender ordered. [Para 10, 12]

Personal Liberty – Importance of individual liberty in bail decisions – Purpose of bail to maintain freedom until guilt or innocence determined – Allegations a matter of trial – Prolonged preventive custody – Co-accused already granted bail – Grant of bail in the absence of substantial evidence of tampering or influencing – Balance between individual liberty and the interest of justice. [Para 8, 9]

Arrest – Power to arrest – Considerations for granting bail – Likelihood of tampering with evidence and influencing witnesses – Importance of individual liberty – Co-accused already granted bail – Bail granted in the absence of substantial evidence of tampering or influencing. [Para 7, 10]

Bail Granted – Nature of charges, evidence, and co-accused's bail considered – Prolonged preventive custody unjustified – Bail granted subject to conditions – Passport surrender ordered – Observations and submissions limited to bail hearing. [Para 13, 14]

Jurisdiction of eviction petition under Wakf Act - Whether eviction petition against Wakf property maintainable before Civil Court - Supreme Court held in Ramesh Gobindram vs Sugra Humayun Mirza Wakf that eviction petition against Wakf property maintainable before Civil Court - 2013 amendment of Wakf Act not applicable retrospectively - Eviction petition filed prior to amendment maintainable before Rent Controller. [Para 5]

Bonafide requirement of landlord - Suitable alternate accommodation - Disclosure of financial affairs - In an eviction petition, disclosure of landlord's entire financial affairs not essential - Focus on availability of suitable alternate accommodation - Sufficiency of income not an issue - Wife's business and financial affairs not to be disclosed by landlord - Independence and privacy of wife to be respected - Bonafide requirement pivoted on need and not mere wish. [Para 10]

Dependency of daughters and their financial aspirations - Married daughters as dependents - Daughters' right to financial independence and pursuing business ventures - Wife retains individual identity and pursuit of aspirations - Paternal/maternal home as sanctuary for daughters - Bonafide requirement of dependents - Test of bonafide requirement not based on financial well-being of landlord or dependents - No interference in personal aspirations and desire for financial independence. [Para 21]

Examination of nature of business - In an eviction petition, focus on suitable alternate accommodation - Inquiry into credibility of landlord and his wife's business unnecessary - Husband not entitled to know all details of wife's business and financial affairs - Nature of proposed business venture to be assessed by landlord and daughters - Assessment of suitable accommodation for proposed business venture best left to the person proposing to start the business. [Para 12]

Tenanted premises on the ground floor - Footfall and suitability for business - Shop on the ground floor receives more footfall - Suitable alternate accommodation to be assessed based on business requirements - No requirement to indicate nature of business in eviction petition. [Para 14]

Financial well-being of landlord - Not test of bonafide requirement - Dependency and need for suitable alternate accommodation to be determined - Dependency of daughters on father for space - Law provides for eviction of a tenant on need of dependants - Bonafide requirement not undermined by financial well-being of landlord or dependents. [Para 20]

Order - Eviction petition allowed - Tenant directed to vacate and hand over peaceful possession of tenanted premises to landlord - Order non-executable for six months from date of receipt of order. ( Para No. 22&23)

Bengal Money Lenders Act, 1940 – Maintainability of suit – License to lend money – Whether the plaintiff requires a license to lend money under the Bengal Money Lenders Act, 1940 – Plaintiff’s claim of a one-time financial accommodation not constituting a moneylending business – Preliminary objection raised by defendant not sustainable. [Para 17, Para 18, Para 19]

Judgment on Admission – Admission by defendant – Whether there is an admission on the part of the defendant – Defendant’s acknowledgment of receiving the loan amount and existence of promissory note and account confirmations – Triable issues not raised by defendant – Case decided on admission. [Para 25, Para 26, Para 27]

Code of Civil Procedure, 1908 – Order XII, Rule 6 – Judgment on admissions – Granting speedy judgment based on admissions made by the defendant – Purpose of Order XII Rule 6 to prevent protraction of litigation by raising frivolous defenses – Defense based on concocted story not acceptable. [Para 24, Para 25]

Distinguishing Case Law – Applicability of judgments relied upon by the defendant – Differentiating the facts of the present case from the cases cited by the defendant. [Para 26]

Decree – Final Judgment – Plaintiff’s prayer for final judgment upon admission allowed – Case disposed of – Decree to be drawn accordingly. [Para 28]