Eviction Proceedings – Non-Service of Summons Contested – Petitioner challenges eviction under Section 14(1)€ of the Delhi Rent Control Act, asserting improper service of summons – Respondent asserts summons were served through multiple modes including registered post and publication – High Court finds no infirmity in the service process – Service deemed proper despite petitioner’s non-appearance to contest; eviction upheld. [Paras 1-10]

Service of Summons – Methods and Efficacy – Summons served via postman, publication, and affixation after petitioner avoided service – Court finds process server’s and postman’s reports credible despite petitioner’s allegations of collusion with the respondent – Substituted service via affixation and newspaper publication validated by trial record. [Paras 5-7, 9]

Legal Proceedings – Conduct of Parties – Petitioner’s non-participation in eviction proceedings despite known pending legal actions criticized – High Court dismisses argument for service in presence of civil court, citing lack of authority to accept service on petitioner’s behalf – Statutory requirements of the Delhi Rent Control Act for serving summons strictly adhered to by the respondent. [Paras 8-9]

Decision: Petition dismissed – Eviction order upheld – High Court confirms proper service of summons, rejecting allegations of improper service and collusion – Petitioner’s failure to contest eviction proceedings after summons duly served leads to dismissal of revision petition. [Para 10]

Criminal Law – Abetment of Suicide – Quashing of Proceedings – Application under Section 482 Cr.P.C. for quashing criminal proceedings under Section 306 IPC – Allegation that applicants abetted suicide by threatening and harassing the deceased – Suicide note indicating mental distress caused by false allegations and threats – Court examines evidence to determine if prima facie case of abetment is made out – Held, sufficient material exists for prosecution under Section 306 IPC – Application dismissed. [Paras 1-31]

Abetment of Suicide – Analysis of Evidence – Held, abetment involves mental process of instigating or aiding in the commission of suicide – Continuous harassment and threats to falsely implicate in serious offences like rape can amount to abetment – Evidence suggests applicants created an environment leading to the deceased’s suicide – Court relies on precedent to support findings. [Paras 20-30]

Decision – Quashing Application Dismissed – Court finds sufficient evidence to proceed with prosecution under Section 306 IPC – Application under Section 482 Cr.P.C. dismissed – Observations on necessity of clear mens rea and direct or indirect acts of instigation. [Paras 30-31]

Criminal Law – Conviction under Section 138 of NI Act – The petitioner was convicted by the Trial Court and the conviction was upheld by the Appellate Court – Petitioner issued cheques which were dishonored due to insufficient funds – Trial Court relied on the presumption under Section 139 of the NI Act – Petitioner argued that cheques were issued as security for other transactions, not for clearing a debt [Paras 1-16].

Burden of Proof – Section 139 of NI Act – The Court reiterated that the accused must rebut the presumption of liability by leading cogent evidence – In this case, the petitioner successfully rebutted the presumption by establishing that cheques were issued as security, not for payment of a debt – Prosecution failed to produce invoices or any documentary evidence to prove the transaction [Paras 12-15].

Evaluation of Evidence – Invoices and Supply of Goods – The complainant failed to produce any invoices or documentation to substantiate the supply of goods claimed – Cross-examination of the complainant revealed admissions that contradicted the prosecution’s case – No sufficient evidence to establish that the accused owed the amount stated in the cheques [Paras 13-15].

Decision – Criminal Revision Petition allowed – Judgment of conviction and order of sentence by the Trial Court and its confirmation by the Appellate Court set aside – Petitioner acquitted of the offence under Section 138 of NI Act – Bail bonds cancelled [Para 16].

Service Law - Employment Law – Dispute regarding payment of interest on arrears following a settlement – Appellant, Bridge and Roof Company (India) Ltd., challenges direction to pay interest to the respondent, a retired employee, for delay in payment of arrears pursuant to a settlement – Settlement between the company and its employees under the Industrial Dispute Act was dated 30^th March, 2019 and covered the period from 1^st January, 2017 to 31^st December, 2026 – Payment of arrears delayed until 24^th November, 2022 without interest despite financial capability demonstrated by the company through profit disclosures from 2016 to 2021 [Paras 1-6, 23-25].

Jurisdiction – Appellant argues writ petition not maintainable due to availability of alternative remedy under Section 33 C(2) of the Industrial Dispute Act, as monetary benefits are computable – High Court’s jurisdiction under Article 226 questioned, with precedents suggesting exhaustion of statutory remedies before resorting to constitutional remedies [Paras 7-10, 17-20].

Decision – High Court upholds the decision granting interest on arrears, finding no supervening conditions justifying the delay – Settlement binding from the date of signing under Section 19 of the Industrial Dispute Act, ensuring employees receive dues immediately or within a reasonable period – Argument that COVID-19 impacted financial capability rejected based on financial disclosures showing sufficient profits during the relevant periods [Paras 21-27, 31, 35-36].

Probate Law – Maintainability of probate petition based on certified copy of registered Will – Appellants challenge probate orders permitting proceedings absent original Will, alleging mandatory requirement for original Will at filing – Single Judge admitted probate petition on basis of certified copy, pending verification and evidence of Will’s authenticity and execution under Sections 237 and 276 of the Indian Succession Act, 1925 [Paras 1-3, 5-7].

Legal Principle – No automatic presumption of revocation by destruction due to unavailability of original Will – Supreme Court precedent emphasizes no general rule of presumption; any presumption is weak and rebuttable with minimal evidence, focusing on likely misplacement or theft rather than revocation [Para 17].

Evidence and Procedure – Admissibility of certified copies in probate proceedings – Certified copy of registered Will accepted as initial evidence for probate proceedings, with final decision contingent upon comprehensive evaluation during trial phase [Paras 17.3, 18-18.4].

Appellate Review – Challenges to interim probate orders – Court highlights that mere issuance of notice in probate petition does not constitute conclusive judgment, but given the comprehensive challenge to the petition’s maintainability, appellate intervention justified to address substantive legal issues [Para 22].

Decision – Dismissal of Appeal – Appellants’ objections regarding non-maintainability of probate petition based on certified copy dismissed, affirming lower court’s decision to proceed with probate based on available evidence and legal standards [Paras 23-24].

Civil Procedure – Prohibitory Injunction – Ownership Dispute – Appeal challenging Trial and First Appellate Court judgments dismissing suit for prohibitory injunction – Appellants claimed ownership of disputed site part of Plot No. 212 – Respondent had allegedly opened door and constructed chabutra illegally – Courts found site was shamlat deh (village common land) based on prior judgments and evidence – High Court upheld lower courts' findings – No substantial question of law found – Appeal dismissed. [Paras 1-13]

Land Law – Shamlat Deh – Jurisdiction of Consolidation Authorities – Courts held consolidation authorities cannot partition or declare shamlat deh land as not vesting in Gram Panchayat – Only the Collector has such jurisdiction under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 – Appellants' claim based on mutation entries found invalid – Ownership and title disputes to be decided by civil courts, not revenue entries. [Paras 10-12]

Judicial Review – Scope of Second Appeal – High Court reiterated limited scope of second appeals under Section 100 CPC – Interference warranted only on substantial questions of law – No such question arose in this case – Concurrent findings of fact by lower courts not disturbed. [Para 13]

Decision: Held: Regular second appeal dismissed – Concurrent findings of Trial and First Appellate Court upheld – No substantial question of law – Pending applications, if any, also disposed of. [Paras 13-14]

Criminal Law – NDPS Act – Conviction for Possession of Poppy Husk – Appeal against conviction under Section 15 NDPS Act – Appellant argued improper handling of evidence and lack of primary evidence due to destruction of examined sample cloth parcels – High Court found non-compliance with statutory procedures for certifying and retaining evidence – Inventory and FSL report not sufficient without production of examined samples in court – Conviction set aside. [Paras 1-31]

Evidence Law – Section 52-A NDPS Act – Certified Inventory and Primary Evidence – Interpretation of statutory provisions for disposal and certification of seized narcotics – Court held inventory must be supported by laboratory testing at time of certification by magistrate – Non-compliance with procedures undermines evidentiary value – Certified inventory alone not primary evidence without corroborative examined samples. [Paras 16-25]

Judicial Review – Handling and Production of Evidence – Emphasized need for strict adherence to procedures in narcotics cases – Court directed improvements in storage and handling of evidence – Reiterated necessity of producing examined samples along with FSL reports in trials – Guidelines for proper certification and disposal to ensure integrity of evidence. [Paras 30-31]

Decision: Held: Appeal allowed – Conviction and sentence set aside – Appellant acquitted of the charge under Section 15 NDPS Act – Directed immediate release if not required in other cases – Fine amount, if deposited, to be refunded – Directions issued to state authorities for compliance with storage and procedural guidelines. [Paras 32-33]

Criminal Law - Bail Application – Denial by Trial Court under UAPA for alleged ISIS involvement – Charges under IPC and UAPA, including Sections 38 and 39 – High Court grants bail, citing insufficient evidence of intent to further terrorist activities, as required under specific UAPA sections – Prosecution fails to establish required intention beyond mere possession and access to radical content – Digital evidence indicates radical views but no active participation or preparation for terrorism – Absence of direct actions supporting ISIS negates charges under Sections 38 and 39 of UAPA. [Paras 1-98]

Incriminating Material and Association with Terrorist Organization – Analysis – Held – Examines the allegations and digital evidence against the appellant, including possession of radical content and discussions about potential migration ('Hijrah') to ISIS-controlled territories. The Court finds that mere possession of such material, without evidence of dissemination or direct involvement in terrorist activities, does not suffice to establish active membership or support under UAPA Sections 38 and 39. Notes lack of direct participation or overt acts in furtherance of terrorist activities by the appellant. [Paras 54-74]

Decision – Grant of Bail to Appellant – Despite heavy charges under UAPA, the Court concludes that the strict conditions of UAPA for denying bail are not met as the accusations against the appellant lack substantial evidence of his active involvement or intention to further terrorist activities. The appellant is granted bail on stringent terms set by the trial court, with a caution that breach of conditions could lead to revocation of bail. [Paras 96-98]

Criminal Procedure - Pardon and Custody - Petitioner, involved in conspiracy and unlawful activities, granted pardon under Section 306 Cr.P.C. as an approver but remained in custody - Analysis of judicial discretion for release under inherent powers (Section 482 Cr.P.C.) despite statutory provisions mandating custody till trial completion - Held, the court, recognizing the medical hardships and prosecution's no objection, exercised its discretion favorably for petitioner's release on personal bond. [Paras 5-31]

Medical Condition Consideration - Petitioner suffers from severe post-polio residual paralysis - Court considered "humane and understanding approach" necessary, affecting decision to grant relief from custody under judicial discretion principles. [Para 25-27]

Legal Principles - Discussion on inherent powers under Section 482 Cr.P.C. to override Section 306(4)(b) Cr.P.C.'s custody requirement - Cited precedents and judicial reasoning for possible bail or release of approvers under High Court's inherent jurisdiction, aligning with the constitutional right under Article 21. [Paras 12-18]

Decision - Release on personal bond of Rs. 25,000 with strict conditions related to compliance with pardon terms and mandatory court appearances, highlighting the balance between legal mandates and individual rights. [Paras 31-32]