Motor Vehicle Accident – Claim for damages due to negligent driving – Appeal against Tribunal's dismissal of the claim petition – Vehicle damaged beyond repair from collision with another vehicle driven negligently – Compensation initially sought from the appellant's own insurance and then from the offending vehicle’s insurer – Tribunal dismissed claim as fully settled by appellant's insurer, negating any further liability of offending vehicle's insurer – High Court upheld Tribunal’s judgment, confirming full and final settlement by appellant's own insurer extinguishes further claim against other insurers. [Paras 3-6]

Negligence and Compensation – Contention of duplicate compensation rejected – Appellant received full settlement from own insurer, extinguishing right to claim further from offending vehicle's insurer – Tribunal and High Court found no merit in claim for additional compensation based on established settlement norms – Reliance on prior decisions on similar grounds, including Harkhu Bai's case, to affirm dismissal. [Paras 5-6]

Decision: Appeal dismissed – Full and final settlement from appellant’s insurer deemed adequate; no further compensation from offending vehicle's insurer justified.

Family Law – Guardianship and Custody – Territorial Jurisdiction – Application under Order VII Rule 10 CPC – Guardians and Wards Act, 1890 – Section 9:

Family Law – Guardianship and Custody of Minor – Application for Return of Petition for Lack of Jurisdiction – High Court of Karnataka allows writ petition and sets aside Family Court’s order rejecting application for return of plaint – Petitioners, grandparents of the minor child, sought return of the custody petition to the court of appropriate jurisdiction where the minor resides – Family Court's rejection of application based on Section 9 of the Guardians and Wards Act and Section 20 of the Code of Civil Procedure found contrary to law – High Court determined jurisdiction lies where the minor ordinarily resides, not where other relatives reside – Petition allowed and matter directed to be filed in appropriate court within jurisdiction of the minor's residence [Paras 1-13].

Jurisdiction – Guardians and Wards Act, Section 9 – Interpretation of "Ordinary Residence" of Minor – High Court aligns with Supreme Court’s interpretation in Ruchi Majoo v. Sanjeev Majoo – High Court emphasized that “ordinary residence” determines jurisdiction in guardianship cases – Clarified that defendant can file application under Order VII Rule 10 of CPC for return of plaint – Overriding effect of Family Courts Act over general provisions of CPC upheld – High Court asserts importance of child's ordinary residence in deciding jurisdiction [Paras 7-12].

Decision – Writ Petition Allowed – Order of Family Court Quashed – High Court directs return of plaint to be filed in appropriate jurisdiction – Family Court's order rejecting return of petition quashed – Application under Order VII Rule 10 of CPC allowed – Case to be filed in the court of appropriate jurisdiction where the minor child ordinarily resides [Para 13].

Judicial Recusal — Apprehension of Bias — Delhi Excise Policy Case — Applications Dismissed — Six discharged accused persons sought recusal of the presiding Judge from hearing CBI's criminal revision petition challenging their discharge order passed by the Trial Court — Applicants submitted that the order dated 09.03.2026, which recorded prima facie observations and granted limited interim relief, together with earlier detailed judgments in bail and arrest-challenge proceedings arising from the same case, created a reasonable apprehension of bias in their minds — Held: An interim order recording prima facie observations cannot by itself constitute a ground for recusal; a prima facie view is tentative, not conclusive, and a litigant dissatisfied with such an order must seek redress from a higher court and not recusal of the Judge — Recusal applications dismissed [Paras 53–89].

Prima Facie Observations — Nature and Scope — Not Conclusive — Recording of prima facie observations is an integral and well-settled feature of judicial functioning while issuing notice or granting interim reliefs; such observations serve to give reasons for the order and forewarn the opposite party of the aspects it must address — A prima facie view is only what appears true at first impression and may be revised upon full hearing — Accepting the applicants' argument would effectively disable courts from passing any interim relief or interim bail, as every such order could be challenged on the ground that the other side was not heard — No prima facie view expressed in an earlier proceeding can be treated as a final finding [Paras 71–82].

Advance Service — Validity — Service of advance copy of petition upon counsel who appeared for the respondents before the Trial Court, on the email IDs furnished by them, constitutes valid service — The same counsel continued to appear for respondents before the High Court — No prejudice caused since the discharge order was never stayed [Paras 57–63].

Stay of Remarks against Investigating Officer — Staying scathing observations made by the Trial Court against the Investigating Officer and the consequential direction for departmental action is routine judicial practice to maintain status quo pending final adjudication — The accused persons had no direct interest in such remarks; the discharge order itself was never stayed — The interest of the accused lay in the discharge order remaining intact, which it did [Paras 64–70].

Alleged Undue Haste — MP/MLA Category Cases — Short dates given in the present matter are consistent with binding directions of the Supreme Court in Ashwini Kumar Upadhyay v. Union of India and this Court's Division Bench orders mandating expeditious disposal of criminal cases involving MPs and MLAs — Cases cited by applicants to show longer dates were granted were not MP/MLA category cases — Comparison was selective and misleading [Paras 97–112].

Earlier Detailed Judgments — Subject-Matter Bias — Prior judgments of this Court in bail applications and arrest-challenge petitions under the PMLA were rendered on entirely different legal parameters, at a stage when arguments on charge had not been addressed, and all observations were specifically recorded to be prima facie and not final — The present proceedings involve a challenge to the discharge order, raising distinct legal issues — One Court having earlier dealt with related proceedings does not disqualify it from examining the discharge order with an open mind — There is a positive direction of the Supreme Court that matters arising from the same FIR ought to be listed before the same Judge to avoid conflicting orders [Paras 113–134].

Earlier Judgments Set Aside by Supreme Court — The Supreme Court granted bail in cases of Manish Sisodia and Sanjay Singh primarily on the ground of delay in trial and on concession, and made no adverse comments on the merits of this Court's findings — Setting aside or modification of a judgment by a higher court, being an integral feature of the hierarchical appellate process, can never be a ground for recusal [Paras 141–146].

Alleged Association with Akhil Bharatiya Adhivakta Parishad — Attending professional legal events, seminars, and Women's Day programmes organised by a body of advocates cannot constitute a ground for recusal — The presiding Judge made no ideological or political statement at any such event — The applicant himself admitted he was not doubting the Judge's integrity or suggesting she followed the said body's ideology — Severing the Bar-Bench relationship on the basis of political ideology of an individual litigant cannot be permitted [Paras 151–173].

Alleged Conflict of Interest — Professional Engagements of Relatives — Relatives of the presiding Judge empanelled on Central Government panels have no connection whatsoever with the Delhi Excise Policy case — Empanelment is a professional engagement following a defined process; it creates no financial stake or personal interest of the Judge in the outcome — The argument, if accepted, would disqualify judges across the country from hearing any matter where the Government is a party — A genuine conflict of interest requires a real, direct, and substantial nexus with the lis, which is entirely absent [Paras 174–192].

Jurisprudence of Recusal — Governing Principles — Recusal must be based on real, reasonable, and legally sustainable apprehension of bias and not on imagination, suspicion, or personal perception — The test is that of a fair-minded and reasonably informed observer and not the subjective discomfort of the litigant — A litigant cannot manufacture the test of bias, choose a Bench of preference, or use recusal as a strategic tool for forum shopping — Accepting recusal on such grounds would create a win-win situation for the applicant and would undermine judicial independence — Judicial integrity cannot be put to trial by a litigant; judicial duty demands decision even under pressure [Paras 203–261].

Decision: Applications for recusal filed by Respondents No. 3, 5, 8, 12, 18, and 19 are dismissed — This Court shall proceed to hear and decide the main CRL.REV.P. 134/2026 on merits, totally uninfluenced by the recusal applications and their contents — Adjudication to be guided solely by applicable law and settled principles of impartial adjudication.

Filing of Criminal Writ Petition under Article 226 – Petitioners seeking directions for protection against threats to their life and liberty – Relationship between the major petitioner No. 1 and minor petitioner No. 2 (17 years & 9 months) is a matter of their personal choice and stated to be consensual [Para 1, 2].

Notice and Representation – Initial hearing and acceptance of notice by the Additional Advocate General for the respondents – Submission of a prior representation to the Senior Superintendent of Police, Hoshiarpur, concerning threats from private individuals which had not been acted upon by the police [Para 3, 5].

Precedent and Protection under Law – Reliance on analogous High Court decisions protecting individuals in live-in relationships akin to married couples seeking protection against familial threats – Cites constitutional protection of life and liberty applicable regardless of societal acceptance of the relationship [Para 6].

Court’s Order and Directions – Direction issued to the Senior Superintendent of Police, Hoshiarpur, to assess the threat perception based on petitioners' representation and take necessary action – No comment on the legitimacy of the relationship but emphasis on ensuring safety [Para 7].

Disposition – Without delving into the legality of the relationship, the petition is disposed of with specific directions to police for assessment and action regarding the threat perception to petitioners [Para 8].

Service Law - Promotion and Seniority Dispute - Appellant, Ram Mehar Singh, contests the promotion of a junior (Paras Ram) to the post of Operator, claiming seniority and alleging irregularities in the promotion process - Appeal challenges the judgment and decree dated 06.10.1997 of the Additional District Judge, Rohtak, which favored the respondent by reversing an earlier favorable judgment for the appellant [Paras 1, 2, 5, 15].

Issue of Limitation - Key contention regarding the timeliness of the suit, with the appellant asserting that the action was initiated after becoming aware of the junior’s promotion - The respondent and courts assert the claim is time-barred, referencing Article 113 of the Limitation Act prescribing a three-year limitation period for seeking such declarations [Paras 8, 10-14].

Qualifications for Promotion - Dispute over the appellant’s qualifications for the Operator position - Evidence suggests the promotion was based on suitability and recommendations, noting the specific experience of the promoted individual, which the appellant lacked [Paras 3, 15].

Court’s Rationale and Decision - The High Court upheld the decision of the lower appellate court, agreeing that the promotion was based on merit and recommendations and that the appellant’s claim was barred by limitation - No substantial question of law raised for consideration [Paras 16, 17].

Employment Law – Challenge of Promotion Order – Regular Second Appeal against judgment of the lower appellate court reversing trial court’s decree favoring appellant’s promotion claim – Appellant, a T-mate, claims seniority and rightful promotion over co-worker promoted by respondent – Lower appellate court found no Irregularity in the promotion process, emphasizing promotion based on recommendations and specific qualifications which appellant lacked – Appeal dismissed as no substantial question of law arose. [Paras 1-17]

Promotion Criteria and Seniority – Consideration of qualifications and recommendations – Appellant contends wrongful promotion of junior based on seniority list – Respondents argue promotions made on basis of work, conduct, and specific qualifications necessary for position, not maintained by seniority – Appellant’s lack of experience in required role pivotal in upholding promotion of junior. [Paras 5, 15]

Limitation and Jurisdiction – Suit for declaration regarding promotion barred by limitation – Appellant’s suit filed significantly beyond three years as prescribed under Indian Limitation Act, making it time-barred and outside the purview of judicial relief – Court underscores strict adherence to statutory limitation periods in employment disputes. [Paras 10-14]

Decision: Dismissal of Appeal – High Court finds no substantial question of law, upholding lower appellate court’s decision based on facts and established legal principles concerning employment promotions and statutory limitations. [Para 17]

Bail Application – NDPS Act – Second bail application filed after chargesheet submission – First bail application dismissed with liberty to reapply post chargesheet – Alleged false implication and fabrication of evidence by police – CCTV footage and purchase bills not considered by Investigating Officer – Fair investigation not conducted – Bail granted with conditions – Further investigation directed due to defective investigation [Paras 1-19].

Fair Investigation – Constitutional Rights – Emphasis on fair and transparent investigation as part of constitutional rights under Articles 20 and 21 – Investigation must ascertain truth without bias – Reference to Vinay Tyagi vs. Irshad Ali and Babubayi vs. State of Gujarat [Paras 13-16].

Defective Investigation – Further Investigation Ordered – Investigation by original officer found to be biased and incomplete – New investigation directed to competent officer not below the rank of Additional Superintendent of Police – Instructions for expeditious completion within three months [Paras 17-18].

Decision: Second bail application allowed – Petitioner to be released on bail upon furnishing bonds – Further investigation ordered due to defective initial investigation – Proceedings before the trial court to be stayed until completion of further investigation** [Paras 10-19].

Criminal Procedure – Reinvestigation Authority – Magistrate directed reinvestigation of a road accident case after closure report was accepted – Petition contended lack of jurisdiction under J&K Cr.P.C. to order reinvestigation – High Court held Magistrate can only direct further investigation, not reinvestigation – Orders directing reinvestigation set aside [Paras 8-12, 28].

Victim’s Rights – Protest Petition – Whether victim or close relative can lodge protest petition when closure report is filed – High Court noted only informant entitled to notice and heard before closure report accepted – Victim can appear and lodge protest petition, but no obligation on Magistrate to issue notice unless victim is informant [Paras 22-26, 32].

Further Investigation – Procedural Compliance – Revisional Court’s direction to consider protest petition by father of deceased required treating it as a fresh complaint if closure report accepted – High Court emphasized need to proceed under Chapter XVI Cr.P.C. if protest petition treated as complaint [Paras 30, 33-34].

Decision: Petition allowed – Orders by Magistrate and Revisional Court directing reinvestigation set aside – Further investigation, if carried out, quashed – Respondent No. 3 permitted to file fresh complaint – Magistrate directed to consider complaint on merits and in accordance with law [Paras 34-35].

Specific Performance of Agreement of Sale – First Appeal No: 3790/2003 – Decision against High Court of Andhra Pradesh – Plaintiffs sought specific performance of agreement of sale for land containing mango, casuarina, blackberry, and palmyrah trees, executed on 24-10-1990, involving defendants as joint family members with one acting as family manager. High Court held that the agreement was not enforceable against defendants who did not sign or were minors at the time of agreement, thus unable to confer rights for specific performance to plaintiffs. Directed refund of advance amount with interest. [Paras 1-36]

Role of Defendants in Sale Agreement – Analysis of Defendants’ Role and Validity of Agreement – Defendants 1 and 3, with limited authority and no absolute rights, improperly entered agreement, impacting the enforceability of the agreement against non-signatory co-owners. Plaintiffs failed to demonstrate readiness and willingness to fulfill their obligations under the terms of the agreement by the stipulated time. [Paras 14, 34]

Judicial Determination on Specific Performance – Held – High Court concluded that the plaintiffs were not entitled to specific performance due to the defective nature of the agreement of sale, lack of consent from all co-owners, and plaintiffs' failure in procedural compliance. However, plaintiffs entitled to a refund of the advance payment with interest due to partial performance acknowledged by defendants 1 and 3. [Paras 33-36]

Decision – Partial Allowance of Appeal – High Court modifies trial court’s decision by denying specific performance but granting plaintiffs alternative relief of refund of advance payments with interest. Each party to bear their own costs. [Para 36]