Regular Second Appeal – Dismissal – Challenge to Judgments and Decrees of Trial Court and First Appellate Court in suit for declaration and joint possession – Suit dismissed by both courts – Appellant's plea of fraud in obtaining initial judgment and decree in Civil Suit No. 1105 of 1990 and subsequent mutations – No merit found by High Court – Concurrent findings of lower courts upheld. [Para 1, 7]

Judgment and Decree Obtained by Fraud – Allegation Rejected – High Court finds no evidence to displace judgments and decrees dated 07.11.1990 in Civil Suit No. 1105 of 1990 and 03.03.2003 in Civil Suit No. 145 of 2001 – Allegation of impersonation of defendant in earlier suit and obtaining decree by fraud not substantiated – Earlier civil suits involving same matter compromised and judgment upheld. [Para 7]

Lack of Substantial Question of Law – Appeal Dismissed – No substantial question of law arising in the case – Regular Second Appeal dismissed. [Para 8]

Decision – Appeal lacking merit dismissed – Regular Second Appeal No. 3653 of 2018 resolved in favor of respondents. [Para 8]

Landlord-Tenant Dispute – Ejectment under Rent Act – Revision petition by tenant challenging orders for eviction under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 – Landlord claimed bonafide personal necessity for eviction – Tenant disputed landlord's ownership and authority to seek eviction – Tenant’s contention that landlord must be the owner rejected – Definition of 'landlord' under Rent Act includes any person entitled to receive rent, whether owner or not – Apex Court precedent cited supporting broader interpretation of 'landlord' – Tenant's admission of landlord-tenant relationship established – Tenant's objection to landlord's status as Sub Power of Attorney holder dismissed – No such plea raised in written statement – Revision petition devoid of merit – Orders of eviction upheld. [Paras 1-15]

Appeal Against Tribunal Award – The New India Assurance Company Limited challenges the award of the Motor Accident Claims Tribunal, Karnal, regarding compensation for the death of Ajay in a road accident involving a motorcycle and a tractor [Para 1].

Factual Background – On 23.06.2020, Ajay and Parveen met with an accident caused by a tractor, resulting in Ajay’s death and the initiation of FIR No.171 under Sections 279, 304-A, 337 IPC at Police Station Madhuban, Karnal [Paras 2, 3].

Tribunal’s Compensation Assessment – Tribunal assesses deceased’s income based on Deputy Commissioner rates, leading to a total compensation of Rs. 35,49,112 [Para 3].

Insurance Company’s Appeal – The appellant contends contributory negligence and argues for income assessment based on minimum wages, not DC rates [Para 5].

Rejection of Contributory Negligence Argument – Court notes the argument was not raised before the Tribunal, and hence, rejects it [Para 7].

Income Assessment Based on DC Rates Justified – Court upholds the use of Deputy Commissioner rates over minimum wages for income assessment, referring to the case National Insurance Company Limited vs. Meena Devi & Ors. And other precedents [Paras 7-12].

Dismissal of Appeal – Considering the circumstances, including the young age of the widow and minor children, the Court finds the Tribunal’s award just and appropriate, dismissing the appeal [Para 13].

Background – Suit for Declaration and Permanent Injunction – Family Settlement: The appellant, defendant in a suit filed for declaration and permanent injunction by the respondent-plaintiff, claimed joint ownership of family properties based on an unregistered family settlement dated 10.10.2011 [Paras 1-2].

Trial Court Decision – Partial Decree – Possession Protected: Trial Court partly decreed the suit, protecting the respondent-plaintiff's possession over specific properties while recognizing the joint nature of the properties due to the unregistered settlement [Para 4].

Appellate Court’s Ruling – Dismissal of Appeal and Cross-Objections: First Appellate Court dismissed both the appeal by the appellants and cross-objections by the respondent-plaintiff, upholding Trial Court's decision [Para 4].

High Court Findings – Unregistered Family Settlement – Implication on Ownership: High Court noted the family settlement required registration under Section 17 of the Indian Registration Act, 1908. Its unregistered status implied that the properties remained joint, negating claims to exclusive ownership [Para 7].

Admitted Possession – Protection Upheld: Since the appellants admitted the respondent-plaintiff's possession over certain properties, the Courts' protection of such possession was justified. The appellants failed to establish their exclusive possession [Para 8].

Conclusion – Dismissal of Second Appeal: High Court found no merit in the appeal, no substantial question of law arose, leading to dismissal of the second appeal [Para 9].

Referred Cases: Not mentioned in provided text.

Factual Background – Complaints were made by the petitioner under Sections 498A and 406 IPC against her husband and in-laws, alleging severe demands for dowry and subsequent physical and mental cruelty after her marriage in 1998 – The FIR was filed in December 2002 and charge-sheet filed in July 2004 – Magistrate took cognizance on the same day the charge-sheet was filed [Paras 2-3].

Quashing of Cognizance under Limitation Period – Criminal Miscellaneous Case – Delhi High Court sets aside Sessions Court judgment – Accused discharged from charges under Section 498A/34 IPC challenged – Held, the cognizance was not time-barred; period calculated from the date of filing the complaint, not the date of cognizance by the Magistrate – Following Supreme Court precedents, cognizance by Magistrate under Sections 498A/406 IPC valid despite delay in FIR registration. [Paras 12-18]

Role of Police Officer as Complainant – Analyzing bias against police officers in domestic violence cases – Held, the status of a complainant as a police officer does not negate the possibility of being a victim of domestic violence; stereotypes about professional toughness dismissed – Importance of impartial judicial assessment without bias reiterated. [Paras 24-30]

Gender Neutrality in Judicial Decision-Making – Discussed the need for gender neutrality in judiciary – Highlighted the misconception that women in authoritative roles cannot be victims of domestic abuse – Emphasized on judicial education to combat hidden biases and uphold gender neutrality in legal proceedings. [Paras 31-36]

Decision – Reinstatement of Charges – Delhi High Court reverses Session Court’s discharge of accused – Cognizance of charges under Sections 498A/34 IPC upheld – Case remanded back to the trial court for continuation of proceedings. [Paras 45-49]

Money Laundering – PMLA – Discharge of Accused – Respondents discharged by Special Judge under PMLA post-acquittal in predicate offence (IPC sections) – High Court held discharge appropriate as PMLA charges contingent on commission of scheduled offence – Acquittal in scheduled offence nullifies basis for money laundering charges – Special Judge's order upheld, confirming no money laundering offence if no scheduled offence proven [Paras 1-33].

Legal Principle – Continuation of Proceedings – Appeal Pending – Petitioner argued pending appeal against acquittal in predicate offence should prevent discharge under PMLA – High Court rejected argument, stating discharge valid until acquittal overturned in appeal – Properties attached under PMLA to be released, with option to reattach if acquittal reversed [Paras 13-30].

Criminal Law – Presumption of Innocence – Reinforcement Post-Acquittal – Filing or pendency of appeal does not negate acquittal effects – Presumption of innocence remains until higher court conviction – Attached properties not deemed proceeds of crime post-acquittal [Paras 17-19, 29-30].

Decision – Petition Dismissed – Special Judge’s order discharging respondents under PMLA upheld – Attached properties to be released – ED retains right to revive proceedings if acquittal in predicate offence reversed on appeal [Paras 32-33].

Classification of Employees as Workmen – Industrial Disputes Act, 1947 – Section 2(s) – Interpretation by Industrial Tribunal – Challenge in High Court – High Court upholds Tribunal’s classification of certain employees as ‘workmen’ under the Act. Tribunal found that these employees primarily performed manual, skilled, and unskilled work, contrary to petitioner’s claim of them engaging in managerial or supervisory roles. High Court confirms Tribunal’s finding that the duties of the employees fit within the definition of ‘workman’ under the Act, rejecting the argument of managerial or supervisory duties. [Paras 1-22]

Nature of Work Performed – Determinative Factor in Employee Classification – The court emphasizes the importance of the actual work performed by the employees, rather than their designations or bands, in determining their status as workmen. Evidence demonstrated that the employees were engaged in manual and skilled tasks, with no substantial supervisory control over other employees, fitting the definition of workman under Section 2(s) of the Industrial Disputes Act. [Paras 11, 18, 20]

Decision – Dismissal of Writ Petition – The High Court, upon thorough examination of the material on record, finds no ground to interfere with the Industrial Tribunal’s order. The classification of the respondents as workmen under Section 2(s) of the Industrial Disputes Act is held to be justified and in accordance with the law. The writ petition challenging the Tribunal’s order is dismissed. [Paras 21-22]

Attempted Murder Conviction and Appeals – Conviction of appellants Bhima, Ravi, and Munesh under Sections 307/34 IPC for a stabbing incident in 2011 – Sentenced to 7 years of rigorous imprisonment and fines [Paras 1-4].

Suspension of Sentence Applications – Filed under Section 389 Cr.P.C. – Based on prolonged trial, incarceration, and claims of false implication – Arguments drawing from jurisprudence on suspension of sentences in prolonged appeal processes [Paras 5-7, 13-15].

Prosecution's Opposition – Emphasized seriousness of offenses and conviction based on substantial evidence – Distinguished between pre-conviction bail and post-conviction suspension of sentence considerations [Para 10].

Court's Evaluation – Examined material contradictions in prosecution's evidence, differences in injury assessments, non-recovery of the weapon, and delays in appeal hearings – Acknowledged appellants' young age at the time of the incident, clean antecedents, and the hardship of prolonged trial [Para 16].

Decision on Suspension – Considering Supreme Court precedents and facts, the court suspended the sentences, releasing appellants on bail with conditions such as not leaving the country without permission and avoiding criminal activities [Paras 16-18].

 Modification of interim maintenance under Section 24 of the Hindu Marriage Act, 1956 - Original order directed the Husband to pay Rs.66,000/- per month cumulatively to Wife and daughters following a divorce petition - Husband seeks modification citing elder daughter’s majority and employment in the USA, reduction in his salary, and personal financial constraints, including increased rent and medical expenses - Wife opposes, highlighting her lack of independent income, health issues, and children's needs - Court’s examination of Husband's financial records from 2018 and 2022 reveals minor salary variation and significant future savings, undermining his claims of reduced financial capacity - The Court modifies maintenance to Rs.44,000/- per month from July 2023, considering elder daughter's employment - Directs clearance of arrears within four weeks and urges Family Court for expeditious conclusion of divorce proceedings.