Child Custody – Grandparent’s Petition – Interim Custody – Petitioner (grandmother) seeks interim custody of two minor children because her son, the children's father, works abroad – Family Court orders the respondent to produce the children on the 2nd and 4th Sunday of every month before the Family Court at 10.30 a.m. and return them at 1.00 p.m. on the same day – High Court finds no need to interfere with the Family Court's order – Petitioner's request for 10 days overnight custody during summer holidays rejected – Petitioner advised to approach Family Court for any necessary variations [Paras 1-3]​​.

Procedure – Family Court Orders – Emphasis on adhering to the established custody schedules set by Family Court – High Court supports Family Court's structured visitation schedule – Highlights the importance of maintaining minor children's stability and routine [Paras 1-3]​​.

Decision – Original Petition Closed – Held – No modification to Family Court's existing visitation schedule – Petitioner's request for extended custody denied – Liberty granted to petitioner to approach Family Court for any necessary variations [Paras 1-3]​​.

Property Law – Transfer of Property – Petitioner’s claim for execution of a sale deed by KMDA – The property was initially offered for sale but later proposed for lease by KMDA – Court held KMDA could only transfer leasehold rights, not absolute title due to original government ownership [Paras 1-22].

Doctrine of Caveat Emptor – Legal obligations of purchasers – Petitioner bound by the legal limitations of KMDA’s rights – Held respondent’s ‘mistake’ claim does not affect petitioner’s reliance on original terms, but sale could not be enforced beyond leasehold rights [Paras 19-20].

Leasehold to Freehold Conversion – Court directed KMDA to execute a lease deed followed by conversion to freehold under the 2023 Scheme – Conversion process to be expedited without additional charges to the petitioner [Paras 22-23].

Stamp Duty – Execution of lease deed – Directed stamp duty to be calculated based on rates at the time of initial possession transfer [Para 24].

Decision – Writ Petition Allowed – Held – KMDA to execute lease deed immediately, followed by freehold conversion under the 2023 Scheme within stipulated timeframes [Para 23].

Resignation and Withdrawal – Validity – Appellant, a headmistress, tendered resignation effective from a future date – Withdrawal of resignation submitted before the effective date – Court emphasized the general principle that a prospective resignation can be withdrawn before it becomes effective – Resignation becomes effective only when it terminates the employment – Courts below erred in holding resignation effective upon acceptance by the school authority without considering the timely withdrawal by appellant [Paras 8, 9, 27, 29].

Employment Law – Prospective Resignation – Admitted facts indicated resignation was not given effect immediately and appellant continued duties until the specified future date – Withdrawal of resignation received before the effective date, making the resignation ineffective – Decision by managing committee after receipt of withdrawal letter is legally untenable [Paras 16, 19, 29, 34].

Judicial Precedents – Application – Court referred to established precedents affirming the right to withdraw a prospective resignation before it takes effect – Cited Supreme Court decisions underscoring the principle that a resignation can be rescinded before it affects the tenure of employment [Paras 24-27].

Decision – Appeal Allowed – Held – Judgment and decree by trial court and appellate court set aside – Suit dismissed – Appellant deemed to have withdrawn resignation validly before it became effective – Proper application of law required acknowledgment of withdrawal [Paras 34-36].

Abetment of Suicide – Insufficient Evidence – The court examined whether the petitioner’s actions constituted abetment of suicide under Section 306 IPC. The petitioner's actions, including alleged insults and demands for money, did not satisfy the necessary ingredients of abetment, such as instigation or intentional aiding. The court emphasized the need for a proximate and live link between the accused's conduct and the suicide​​.

Proximate Cause and Mens Rea – For abetment of suicide, the accused must have the mens rea to instigate the deceased to commit suicide. The act of instigation must be of such intensity that it leaves the deceased with no option but to commit suicide. In this case, there was no evidence to suggest that the petitioner intended to push the deceased to suicide or that his actions were the sole factor leading to the suicide​​.

Delayed Complaint and Initial Statements – The initial statements by the deceased's wife and brother did not attribute any blame for the death. The complaint leading to the FIR was filed eight days after the death, which raised questions about its credibility. The court noted that mere harassment or insults without a positive act of instigation could not constitute abetment​​.

Decision:

The revision petition was allowed, and the petitioner was discharged. The court set aside the order dated 06.01.2022 passed by the Sessions Judge, Fatehgarh Sahib. It was determined that the actions attributed to the petitioner did not establish the offence of abetment to suicide under Section 306 IPC​​.

Criminal Law – Conviction under Section 324 IPC – Appellant No. 1 convicted for causing hurt using a weapon – Conviction modified due to lack of evidence proving the use of a dangerous weapon – Sentenced to imprisonment for the period already undergone and fine [Paras 1-33, 45].

Criminal Law – Conviction under Section 325/308/34 IPC – Appellants No. 2-4 convicted for grievous hurt and attempt to commit culpable homicide – Conviction modified to Section 323 IPC due to insufficient evidence proving grievous hurt and intent – Sentenced to imprisonment for the period already undergone and fine [Paras 1-43, 45].

Medical Evidence – Corroborative Role – Trial court’s reliance on medical evidence questioned due to absence of substantial corroboration – Injuries noted did not align with charges of grievous hurt or use of dangerous weapons [Paras 16-28].

Free Fight – Altercation context – Evidence indicated a free fight between two groups rather than a one-sided assault – Mutual cases filed by both parties [Paras 36-40].

Decision – Appeal Partly Allowed – Convictions under Sections 324, 325, 308 IPC modified to Section 323 IPC – Appellants sentenced to imprisonment for the period already undergone and to pay fines – Failure to comply with fine payment results in further imprisonment [Para 45-47].
 

Wilful Defaulters – Master Circular Compliance – Assessment of Committee Decisions – Petitioners challenged declarations as wilful defaulters by the First Committee and affirmation by the Review Committee – Court found declarations based solely on a Transaction Audit Report (TAR) by Deloitte Touche Tohmatsu India, LLP, without independent evidence – TAR itself stated it was not conclusive and was not intended for legal reliance – NCLT and NCLAT had previously disbelieved and rejected the TAR – Court held reliance on TAR by the First Committee and Review Committee was unlawful – Decisions set aside [Paras 1-20, 25-35].

Review Committee’s Procedural Lapses – Natural Justice – Review Committee grouped multiple entities in a single meeting, lacked individual assessment – No reasoned order provided in Review Committee’s decision – Violation of principles of natural justice and Master Circular’s guidelines on detailed and reasoned orders – Decision quashed [Paras 31-34].

Binding Nature of Consortium Decisions – Punjab National Bank (lead bank) dropped wilful defaulter charges against petitioners based on NCLT’s rejection of TAR – Central Bank of India, as part of consortium, bound by lead bank’s decision – Central Bank’s independent action unsupported by evidence or specific allegations [Paras 19, 27-29].

Decision: Writ Petitions Allowed – Declarations of petitioners as wilful defaulters by the First Committee and Review Committee set aside and quashed – Consequential actions, including uploading of names as wilful defaulters, to be reversed [Para 36].

Motor Vehicles Act – Motor Accident Claims – Negligence – Tribunal's Findings – Appeal by insurer challenging award for damages to respondent’s car – Accident caused by rash and negligent driving of an Alto car insured by appellant – Tribunal awarded Rs.1,07,447/- with interest – Appeal dismissed – Supreme Court principles on the nature of Tribunal proceedings and reliance on police reports as prima facie evidence of negligence upheld [Paras 1-11].

Evidence – Documentary Proof – Formally Proving Documents – Tribunal relied on survey report and repair bills – Appellant contended lack of formal proof – Court held that non-objection to documents at trial stage and their prima facie reliability justified Tribunal’s reliance [Paras 12-13].

Quantum of Compensation – Depreciation – Appellant argued for deduction based on vehicle's age – Tribunal accounted for depreciation in awarding lesser amount than claimed – No fault found in Tribunal’s method, adherence to established law on depreciation noted [Paras 14-15].

Decision: Appeal dismissed – Tribunal's award upheld – No substantial questions of law or errors in Tribunal’s findings – Appellant directed to deposit remaining award amount within one month.

Motor Accident Claims – Insurance Company Appeal – Appeal against award of compensation by the II Additional District MACT, Kasaragod – Accident involving collision between a Ford Escort car and an Alto car insured by the appellant – Tribunal awarded Rs. 1,07,447/- with interest to the respondent for damages to the car – Insurance company contended lack of negligence proof, improper reliance on unproved documents, and failure to account for depreciation – High Court upheld Tribunal’s decision based on prima facie evidence of negligence from police records and unchallenged survey reports and bills – Appeal dismissed, interim orders vacated, appellant directed to deposit awarded amount within one month [Paras 1-15].

Negligence and Liability – Proof of Negligence – Tribunal’s finding based on FIR, final report, and motor vehicle inspection report – Insurance company's lack of challenge to the evidentiary documents and absence of driver do not negate proof of negligence – High Court reinforced established principle that police charge sheet is prima facie evidence of negligence [Paras 11-12].

Assessment of Damages – Evidentiary Value – Reliance on unchallenged survey report and bills for repair costs – Tribunal’s acceptance of reliable documents and rejection of unreliable ones upheld – High Court found no error in Tribunal’s approach or awarded amount considering depreciation [Paras 12-14].

Decision: Motor Accident Claims Appeal dismissed – Tribunal’s award upheld – Appellant directed to deposit the awarded amount within one month – No costs [Para 15].

Criminal Law – Quashing of Proceedings – Limitation and Unauthorized Construction – Petitioners sought quashing of the criminal complaint for unauthorized construction under Sections 31-32 of the JDA Act. They argued that the construction was over 25 years old and barred by limitation, the notice was improperly served, and the inclusion of petitioners No. 1 and 3 was arbitrary as they were not owners of the property. The court found that the construction's age and the notice service were factual disputes to be decided at trial. However, the court held that petitioners No. 1 and 3 were wrongly implicated, as the property was solely owned by petitioner No. 2. [Paras 1-14]

Decision – Partial Quashing – The court quashed the criminal complaint and cognizance against petitioners No. 1 and 3, as their inclusion was arbitrary and without basis. The complaint against petitioner No. 2 was allowed to proceed, with directions to the Magistrate to expedite the trial. [Paras 11-18]