Procedural Irregularities – Application to sue as an indigent person rejected due to non-compliance with Order XXXIII, Rules 2 and 3 of the CPC at the initial stage of litigation – Subsequent application (I.A.No.1315 of 2017) filed two years after the original suit was claimed to address deficiencies, but failed due to lack of initial compliance – Trial court found significant procedural deviations at initial filing, affecting the integrity of the suit filed as an indigent person. [Paras 2, 6, 8, 9]

Sale of Property – Disqualification under Order XXXIII Rule 5© – Appellant sold property through a power of attorney 28 days before filing the suit, which disqualified her from suing as an indigent due to perceived manipulation of financial status to meet indigency criteria – Arguments that the power of attorney sales were not intended to manipulate legal status for suing as an indigent were not accepted based on the evidence of timing and non-disclosure of these sales at initial filing. [Paras 8, 9, 10]

Conclusion of Court – Appeal dismissed due to procedural missteps and strategic financial disposals by the appellant that contravened the principles governing litigation by indigent persons – Judgment underscores strict adherence to procedural rules for indigent suits and scrutiny of financial dealings preceding such filings. [Para 11]

Tender Process and Disqualification - Akash Construction appeals against orders qualifying S.B. Construction and Stone Concern Infrastructure as tenderers for road work - Electronic Notice Inviting Tender No. 12/2023-2024 for road widening and strengthening was contested due to technical disqualifications which were later overturned - Authorities initially disqualified the respondents at the technical bid stage, which was challenged and set aside by a Single Judge directing that they be treated as technically qualified - Appeal challenges the Single Judge's order for procedural irregularities and misinterpretation of eligibility criteria [Paras 1-7, 22-26].

Judicial Review in Tender Processes - Citing Supreme Court precedents, appellant argues for limited judicial interference in tender decisions unless marked by arbitrariness or illegality - Stresses that the authority floating the tender is the best judge of its requirements and that the Single Judge improperly substituted the authority's interpretation of technical qualifications - Appeals contend the respondents did not meet specific experience criteria for ICBP work as per tender requirements, critical to the project's scope [Paras 9-10, 27-38].

Decision - Court allows appeals, setting aside the Single Judge’s rulings that qualified the respondents as technically eligible - Upholds the original disqualification by tender authorities, emphasizing adherence to stipulated technical criteria without undue judicial alteration of tender processes - Judicial review found to be overreaching in substituting administrative expertise and tender interpretation [Para 38].

Land Acquisition – Discrimination in land release – Petition against the High Powered Committee’s order and acquisition notifications – High Court dismisses petition finding no merit and no discrimination in the treatment of the petitioner compared to other similarly situated entities – Noted that development activities in the periphery of Chandigarh are restricted to the government or its agencies per policy – Petitioner’s request for release of land not considered compelling enough to warrant deviation from existing policies – Acquisition aimed at planned development overriding private development plans of the petitioner [Paras 1-48].

Application of Land Acquisition Act, 1894 – The acquisition notifications under Sections 4 and 6 held valid – Discussion on the legitimacy of the acquisition process and the petitioner’s failed attempts to obtain licenses for development – Judicial findings emphasize the state’s priority in public development over private expectations [Paras 2-48].

Rights and Expectations – Legitimate expectation and discrimination claims rejected – The court holds that the petitioner’s expectations for a license or release of land do not override the clear public interest and policy considerations that favor state-controlled development [Paras 11-17].

Judicial Review – The court upholds the policy decisions that restrict development in the periphery of Chandigarh to government agencies – Legitimate expectation not found reasonable when weighed against public interest and policy restrictions [Paras 13-27].

Criminal Law - Grant of Anticipatory Bail - Petitioners, chartered accountants, implicated in case FIR No.RC0052020A0011 under IPC and initially under the Prevention of Corruption Act, accused of misclassifying 'Sundry Creditors' as 'Unsecured Creditors' in company balance sheets - No direct evidence linking petitioners to intentional fraud - Cooperation with investigation noted, no custodial interrogation required - Held, petitioners entitled to anticipatory bail under established Supreme Court precedents [Paras 1-21].

Role of Accused - Analysis of petitioners’ involvement suggests reliance on third-party data for audit reports - Accusations based on changes made by another accused under instructions, without petitioners’ direct involvement in fraud - Held, insufficient grounds for custodial detention at this stage [Paras 2-5, 12-13].

Legal Principles on Bail - Consideration of nature of accusations, roles of accused, cooperation with investigation, lack of prior criminal history, and reliance on documentary evidence rather than conduct - Relevance of Supreme Court guidelines on anticipatory bail discussed [Paras 15-19].

Decision - Anticipatory bail granted to petitioners with conditions, including bond of ₹50 lacs each and surrender of passports - Emphasis on petitioners' non-arrest during investigation, full cooperation, and case based largely on documentary evidence [Para 21].

Family Law – Divorce – Grounds of Cruelty and Desertion – Cruelty – Allegation of False Dowry Complaint: The husband (Appellant) claimed that the wife (Respondent) lodged a false dowry complaint against him, constituting cruelty. However, the court noted that no evidence, such as a copy of the complaint, was provided to substantiate this allegation. Moreover, the wife’s complaint to the All Women Police Station was aimed at reconciliation and living together. Held, the filing of the complaint did not amount to cruelty. [Paras 13-14]

Desertion – Lack of Proof: The husband alleged that the wife deserted him by refusing to live with him and insisting on a separate living arrangement. The court found no sufficient evidence to support these claims. It was noted that the wife made several attempts to reconcile and live with the husband, which he refused. Held, the husband failed to establish ‘animus deserendi’ (intention to desert) on the part of the wife. [Paras 15-16]

Decision: The appeal is dismissed. The court upheld the Trial Court’s decision that the husband failed to prove cruelty or desertion by the wife. The original petition for divorce was rightfully dismissed. [Paras 16-17]

Partition Suit – Interim Injunction – Plaintiffs claim partition of properties and fixed deposit – Allegation of attempts to alienate properties – Temporary injunction sought – Trial court grants limited injunction – Appeal against the interim injunction orders – Appellants contend orders inadequate – Appeal before High Court – High Court examines contentions and evidence – Finds contiguous properties without clear demarcation – Risk of loss or alienation if injunction not granted – Upholds necessity of preserving status quo – Grants broader injunction – Directs restraint on destruction, waste, and document creation – Also restrains release of fixed deposit amount – Orders to remain until final adjudication in partition suit – Interest renewal allowed to avoid loss – Appeals allowed accordingly.

Domestic Violence and Maintenance – The High Court, reviewing lower court decisions that denied maintenance to a qualified but unemployed wife under the Protection of Women from Domestic Violence Act, 2005, held that educational qualification alone does not disqualify a spouse from claiming maintenance if they lack independent income - The court emphasized that the wife’s capability to earn should not undermine her entitlement to maintenance, which depends on the husband's obligation and the wife's current employment status – Maintenance granted. [Paras 6-10]

Compensation for Domestic Violence – Adjustment of compensation for pain and suffering from domestic violence – The High Court found no adequate reason in the lower court's reduction of compensation from Rs. 20,00,000 to Rs. 15,00,000 and restored the original amount, recognizing the impact of domestic violence on the wife’s mental health and marital expectations – Compensation restored to Rs. 20,00,000. [Para 11]

Legal Assessment and Procedural Fairness – The High Court criticized the procedural lapses in the lower courts, including failure to provide adequate reasoning for decisions, and remanded the matter for a fresh determination with instructions to avoid undue adjournments and consider the merits independently of the High Court’s observations. [Paras 12-18]

Factual Background and Trial Court Proceedings – Revisionist, the father-in-law of the respondent, asserts ownership over the property through a chain of transfers culminating in a set of documents dated 27.07.1998 – Conflict arises post marital discord between respondent and revisionist’s son, leading to respondent’s alleged trespass – Initial suit for injunction and mesne profits partly decreed; current suit for possession and mesne profits filed – Trial court dismissed application under Order XII Rule 6 CPC, prompting current revision petition [Para 2-10].

Trial Court’s Error – Misapplication of the legal framework concerning GPA sales post Suraj Lamp & Industries ruling – Erroneous non-recognition of ownership claims based on uncontested documentary evidence presented by the revisionist – Failure to effectively address admissions by the respondent acknowledging the revisionist’s acquisition of property rights [Para 17-34].

High Court Decision – Overturning of trial court’s order, recognizing revisionist’s ownership based on unambiguous, uncontested documentary evidence – Decree of possession awarded in favor of the revisionist with directions to respondent to vacate the property, acknowledging the failure of the trial court to appreciate the legal status of admissions [Para 35].

Remaining Issues – Directions to trial court to proceed with determination of mesne profits/damages, acknowledging these aspects involve triable issues requiring evidentiary adjudication [Para 36].

Appeal and Background – Criminal Appeal under Section 374 Cr.P.C. challenging the trial court’s conviction of appellant under Section 306 IPC for abetting the suicide of his mother by allegedly providing her with a lighter – FIR was lodged based on the statement of an eyewitness, leading to charges under Sections 306/114/120B IPC – Trial court relied primarily on the testimony of two school employees who claimed the appellant facilitated the suicide – Appellant contested these claims, citing biased investigation and absence of direct involvement [Para 1-2, 5-6].

Role of Appellant in Alleged Crime – Abetment to Suicide – High Court found that the prosecution failed to establish beyond reasonable doubt the appellant’s active participation in abetting the suicide of the deceased. Notable was the lack of criminal intent and actual aid in the commission of the alleged act, despite the prosecution's claims of the appellant providing a lighter. The court noted the appellant’s efforts to extinguish the flames and save the deceased, further questioning the prosecution's narrative. [Paras 10-21]

Evaluation of Witness Credibility and Evidence – High Court criticized the trial court's reliance on the testimony of witnesses with potential biases due to personal and professional relationships. Contradictions in witness statements and procedural errors in handling witness testimonies under Section 161 Cr.P.C. were highlighted. The court stressed the importance of careful scrutiny of evidence, especially when the witness is intended to be discredited. [Paras 13-19]

High Court’s Analysis and Decision – High Court noted discrepancies and contradictions in witness testimonies, particularly those of the prosecution’s key witnesses – Found no direct evidence of appellant’s intent to abet the suicide – Concluded that the prosecution failed to establish beyond reasonable doubt the appellant’s active role in abetting the suicide – Conviction and sentence set aside, appellant acquitted [Para 13-22].