Commercial Law – Maintainability of Commercial Suit – Appellant challenged classification of suit as commercial on ground that no formal written agreement existed and service was not commercial – Held: Provision of transportation and storage of goods by Plaintiff (a packers and movers business) is a commercial transaction falling under Section 2(1)(c)(vii) and (xviii) of the Commercial Courts Act – Objection held untenable – Suit rightly instituted as a commercial suit [Paras 23-24]

Contract and Cause of Action – Recovery of Storage Rent – Plaintiff proved entrustment of goods and obligation to pay monthly rent of Rs.25,000/- – Defendant failed to lead evidence – Cause of action clearly made out – Existence of valid agreement inferred from conduct and documentary evidence – Plea that document was only a quotation held to be afterthought [Paras 25, 31]

Procedure – Electronic Records – Compliance with Order XI Rule 6 CPC – Plaintiff fulfilled requirements of declaration and certification under Section 65B of IEA and Section 63 of BSA – Court held procedural compliance was adequate – Defendant’s objections dismissed [Para 26]

Evidence Law – Relevance of Prior Judgments – Objection raised to admissibility of previous unchallenged judgments under Section 43 IEA / Section 37 BSA – Held: Judgments inter-partes admissible not as conclusive proof but as evidence of habitual default under Sections 8 and 13 of IEA – Relevance upheld [Paras 28-29]

Inspection and Condition of Goods – Local Commissioner Report – Allegation of damage to goods rejected – Most items intact, minor wear due to time – Refusal of Defendant to open sealed items led to adverse inference – No proof of misappropriation found [Para 30]

Equity and Unjust Enrichment – Defendant continued to enjoy benefit of storage without fulfilling payment obligations – Conduct showed intent to avoid liability while taking advantage of services – Trial Court's decree found just and equitable [Paras 32-34]

Decision: Appeal dismissed – Trial Court’s decree for Rs.6,00,000/- with interest @10% p.a. affirmed – Suit rightly treated as commercial – No procedural or evidentiary infirmity found – Costs imposed on Appellant.

Civil Law – Rejection of Plaint – Cause of Action – Distinction Between Non-disclosure and Non-existence – Rejection Set Aside – Suit filed by Indian-origin locally recruited staff of Italian Embassy alleging pay discrimination under Italian Presidential Decree – Trial court rejected plaint under Order VII Rule 11(a) CPC, holding no cause of action existed – Held: Learned Single Judge erred in prematurely evaluating merits – Factual questions such as classification, equal pay, and cost of living require evidence – Plaint disclosed triable issues – Impugned order set aside – Suit to proceed to trial [Paras 1–3, 16–22, 26–27]

Service Law – Equal Pay for Equal Work – Diplomatic Employment – Prima Facie Claim – Appellants pleaded being in the same homogeneous category as their Italian-origin counterparts – Alleged violation of Article 157 of Italian Presidential Decree – Held: Prima facie case made out – Whether pay parity applies requires trial – Plaint not liable to rejection at threshold [Paras 4–5, 17–18]

Pleadings – Scope of Order VII Rule 11 CPC – Summary Rejection Improper – Court reiterated that plaint must only be rejected if it fails to disclose any cause of action on its face – Distinction drawn between non-disclosure (procedural defect) and non-existence (merits-based conclusion) – Rejection not warranted where plaintiffs allege material facts supporting a right to sue, even if ultimately unproven [Paras 20–22]

Limitation – Recurring Cause of Action – Suit Maintainable – Respondents’ objection of limitation rejected – Held: Discriminatory pay alleged to be ongoing, giving rise to recurring cause of action – Part relief may be barred, but entire suit not liable to be dismissed – Doctrine of laches inapplicable [Paras 24–25]

International Law – Sovereign Immunity – Consent Under Section 86 CPC – Appellants obtained prior consent from Government of India to sue foreign state – Objection to maintainability on grounds of sovereign immunity not accepted at preliminary stage [Para 7, 14]

Judicial Precedents – Reiterated Principles – Reliance placed on Popat and Kotecha Property v. State Bank of India Staff Assn., (2005) 7 SCC 510, Mayar (H.K.) Ltd. v. M.V. Fortune Express, (2006) 3 SCC 100 – Courts must not adjudicate merits while considering rejection under Order VII Rule 11 CPC [Para 22]

Decision: Appeal allowed – Order rejecting plaint set aside – Application under Order VII Rule 11(a) CPC dismissed – Suit restored for trial on merits [Paras 26–28]

Criminal Law – NDPS Act – Bail – Commercial Quantity – Section 37 – Applicant found with 460 grams of MD (Commercial Quantity) – Held: The rigors of Section 37 apply. The Court must be satisfied that there are reasonable grounds to believe the accused is not guilty. Given the recovery and circumstances, such satisfaction cannot be recorded. [Paras 12-14]

Criminal Law – NDPS Act – Section 50 Compliance – Search of Person – Applicant argued panchas did not sign the Section 50 notice – Held: The Applicant signed the notice waiving her right to be searched by a Magistrate. The failure of panchas to countersign the Section 50 notice is a minor lapse and does not vitiate the search or entitle the accused to bail at this stage, especially when the search was conducted by a Gazetted Officer. [Para 9]

Criminal Law – NDPS Act – Section 42 Compliance – Held: The information received from co-accused was reduced to writing and forwarded to the Senior Officer. Section 42 compliance was prima facie established. [Para 7]

Decision: Bail Application rejected. [Para 17]

Civil Law - Order VII Rule 11(d) CPC – Rejection of Plaint – Suit by Public Trust – Mandatory Consent Under MPT Act – Plaintiffs’ own pleadings and annexed documents repeatedly describing Defendant as “trustee/permanent trustee/erstwhile trustee” held decisive – Suit for recovery of compensation for misuse of trust property by a trustee falls squarely within Section 50 clauses (a), (e), (f), (p), (q) – Held: Without prior consent of Charity Commissioner under Section 51, suit is statutorily barred [Paras 11–18].

Trust Property – Recovery from Trustee – Section 50 MPT Act – Suit seeks recovery of compensation for occupation of trust property by Defendant during tenure as trustee – Documents (letters, opinions, correspondence) annexed to plaint addressing Defendant as trustee held to override later verbal assertions that he was a “trespasser” – Plaint averments read holistically demonstrate action against trustee for breach/misconduct, not trespass – Section 50 attracted [Paras 10–15].

Trespass Argument Rejected – Plaintiffs’ Case Inconsistent with Record – Plaintiffs’ attempt to classify Defendant as “rank trespasser” held untenable when plaint averments and exhibits consistently acknowledge him as trustee discharging obligations – Once trust itself admits fiduciary capacity, suit cannot be framed as simple trespass to bypass statutory requirement of consent [Paras 14–17].

Scope of Section 51 MPT Act – Consent Mandatory – When suit is of a nature specified under Section 50, plaintiffs must obtain Charity Commissioner’s prior written consent; Commissioner becomes necessary party – Absence of consent renders suit non-maintainable at inception – Bar attracts Order VII Rule 11(d) CPC [Paras 16–18].

Pleadings Control O7R11(d) – Court Reiterates – For O7R11(d), plaint averments and plaint documents alone are considered – Defence cannot cure statutory bar – Here, plaint itself revealed suit to be one “relating to trustee” requiring consent; absence is fatal [Paras 7–12].

Decision: Interim Application allowed – Plaint rejected under Order VII Rule 11(d) CPC – Suit held not maintainable without prior consent under Sections 50 & 51 MPT Act – Pending Interim Application No. 4005 of 2025 disposed [Paras 19–21].

Criminal Procedure – Quashing of FIR – Maintainability under Section 528 BNSS – Chargesheet and Cognizance Not on Record – Application Not Maintainable – Applicant sought quashing of FIR registered under Sections 420, 467, 468, and 471 IPC without placing the chargesheet or order of cognizance on record – Held: In absence of both, the application under Section 528 BNSS (formerly Section 482 CrPC) is not maintainable – Quashing remedy lies under Article 226 until cognizance is taken – Once cognizance is taken, Section 528 BNSS becomes applicable only if those documents are placed on record [Paras 13, 18]

Criminal Law – Second FIR on Same Allegations – Abuse of Process – Allegation of Fraudulent Sale Deed Based on Forged Power of Attorney – Applicant alleged that second FIR based on same set of facts as earlier FIR (FIR No. 39 of 2022) violates principles laid down in T.T. Antony v. State of Kerala, (2001) 6 SCC 181 – However, Court declined to adjudicate merits in absence of maintainability due to procedural lapse – Observed that merits cannot be examined where application itself is procedurally defective [Paras 2–4, 19]

Forgery and Cheating – Prima Facie Allegations – Civil Dispute Given Criminal Colour – Application of Law in Sheila Sebastian and G. Sagar Suri Cases – Applicant relied on Sheila Sebastian v. R. Jawaharraj, (2018) 7 SCC 581 to argue he was not the maker of false document and therefore not liable for forgery – Court declined to evaluate whether ingredients of forgery and cheating were satisfied due to procedural bar [Paras 3, 4, 15–16]

Scope of Inherent Powers – BNSS Section 528 (Old Section 482 CrPC) – Limited to Post-Cognizance Stage – Recent Supreme Court Clarification in Pradnya Pranjal Kulkarni Case – Citing Pradnya Pranjal Kulkarni v. State of Maharashtra, SLP (Crl.) No. 13424 of 2025, Supreme Court held that FIR can be quashed under Article 226 before cognizance is taken – After cognizance, quashing under Section 528 BNSS is available only if chargesheet and cognizance order are on record – Applied to dismiss current application [Paras 13, 18]

Judicial Discipline – Full Bench Binding Precedent – No Conflict with Apex Court View – Court considered Full Bench decision in Ram Lal Yadav v. State of U.P., 1989 APLJ (Cri) 107, and harmonized it with current law – Reiterated that police power to investigate is unfettered and cannot be interfered with under Section 528 unless misuse of power or abuse of process is evident – Quashing of FIR not permissible unless strict procedural compliance is met [Paras 7, 14]

Decision: Application dismissed as not maintainable – Applicant failed to place chargesheet and cognizance order on record – In absence of these, inherent powers under Section 528 BNSS (old Section 482 CrPC) cannot be invoked – Court declined to examine merits or legality of FIR – Remedy, if any, lies under Article 226 or by filing appropriate application post-cognizance with necessary documents [Paras 18–20]

Muslim Law – Maintenance – Rights of Divorced Muslim Woman – Maintainability under Section 125 Cr.P.C. – Scope of Ext.D1 Agreement – Divorced Muslim woman entered into agreement (Ext.D1) with husband receiving Rs.1,00,000/- as matah and Rs.35,000/- for iddat – Family Court rejected claim under Section 125 Cr.P.C. relying on Kunhimohammed v. Ayishakutty – Held: Ext.D1 agreement does not bar remedy under Section 125 Cr.P.C. unless adequacy of settlement is established – Application maintainable even after such agreement [Paras 3, 8-13]

Minor Status – Validity of Agreement – Representation by Guardian – Contention that agreement (Ext.D1) was void ab initio as petitioner was a minor rejected – Held: Under Muslim law, marriage and related agreements by minor female represented by her father (wali) are valid if she has attained puberty [Para 7]

Quantum of Maintenance – Adequacy of Provision under Personal Law – Review of Maintenance Order – Rs.1,00,000/- fixed as lifetime maintenance found inadequate in comparison to Rs.35,000/- for three-month iddat – Held: Family Court erred in not assessing whether petitioner could maintain herself – Remanded for fresh consideration with opportunity to adduce evidence [Paras 13-14]

Child Maintenance – Sufficiency of Award – Maintenance of Rs.750/- per month awarded to minor daughter found inadequate considering needs and father's means – Matter remanded for reconsideration [Para 14]

Interpretation of Law – Harmonious Construction – Parallel Remedies – Supreme Court in Mohd. Abdul Samad v. State of Telangana (AIR 2024 SC 3665) held that Sections 125 Cr.P.C. and Section 3 of Muslim Women Protection Act operate in distinct domains – Right to claim maintenance under Section 125 continues unless extinguished by payment under Section 3 and order under Section 127(3)(b) Cr.P.C. [Paras 9-12]

Decision: Impugned order set aside – Matter remanded to Family Court for fresh disposal – Maintenance claim of divorced wife and quantum for child to be reconsidered after allowing parties to lead evidence – Directed to conclude proceedings within six months.

Civil Law – Rejection of Plaint – Order 7 Rule 11(d) CPC – Limitation – Suit for Specific Performance – Plaintiff filed suit in 2015 for an oral agreement allegedly made in 2008, asserting cause of action arose in 2010 when defendant sold land to third party – Held: Under Article 54 of the Limitation Act, the period is 3 years from the date fixed for performance or when notice of refusal is received. Even by plaintiff's own admission, refusal was manifest in 2010. Suit filed in 2015 is ex-facie barred by limitation. Clever drafting to create an illusion of cause of action cannot save a time-barred suit. [Paras 12-14, 18]

Civil Procedure – Rejection of Plaint – Refund of Money – Limitation – Plaintiff alternatively sought refund of money paid in 2008 – Held: Suit for recovery of money is governed by Article 113 (3 years). Suit filed 7 years after alleged payment is barred. [Para 17]

Decision: Revision Application allowed. Plaint rejected. [Para 20]

Criminal Law – Bail - Rape Allegation – Consent – Breach of Promise to Marry – Petitioner accused of offences under Sections 69 and 75(1) r/w 3(5) of BNS for allegedly refusing to marry the victim after a consensual relationship – Relationship between petitioner and respondent lasted over three years – Victim lodged complaint only after petitioner refused marriage – Held: In light of Supreme Court rulings, consensual relationship based on a genuine promise to marry, later not fulfilled due to intervening circumstances, does not amount to rape – FIR lacks allegations showing false promise from inception – No prima facie case under Section 69 BNS made out [Paras 3–14]

Bail – Principles for Grant – Promise to Marry – Consent and Misconception of Fact – Court relies on binding precedents from Supreme Court including Amol Bhagwan Nehul, Prithivirajan, Kunal Chatterjee, and Maheshwar Tigga – Held: Physical relations on the basis of a genuine promise to marry do not constitute rape unless it is proved that the promise was false from the beginning – Petitioner's prolonged relationship and absence of coercion negate allegation of misconception of fact – Bail granted with stringent conditions [Paras 4–16]

Bail – Conditions Imposed – Accused directed to furnish bond with sureties and report weekly to police – Restrictions imposed on travel outside Andhra Pradesh and on influencing witnesses – Cooperation with investigation mandated [Para 16]

Decision: Criminal Petition allowed – Bail granted to the petitioner/accused on furnishing bond and subject to strict conditions including weekly reporting, restricted travel, non-interference with witnesses, and cooperation with investigation.

Education Law – Withholding of Original Certificates – Petitioner, an MBBS student, withdrew mid-course due to health reasons and sought return of original certificates for admission to another university – Respondent institution withheld certificates citing pending balance fee for IV and V year – Held: Retaining original documents of a student is not a lawful means for fee recovery – Educational institutions have no lien over original documents of students – Such action unjustifiably hampers career progression [Paras 1-5, 17-19]

Right to Education – Unlawful Retention of Documents – Court held that documents like Transfer Certificate and Migration Certificate are personal property of the student and cannot be used as collateral for enforcement of financial obligations – Recovery of dues must follow legal procedure – Affidavits by student and parent empower university to recover dues but not to withhold original documents [Paras 17-18]

Judicial Precedents – Reliance on High Court Judgments – Reliance placed on judgments of Punjab & Haryana High Court in Sukhmanpreet Singh Cheema v. Union of India and Monika v. PT. B.D. Sharma University – Held: Institutions cannot retain documents for fee recovery – Also referred to Madras High Court decision in M. Kesavan v. Principal, Cheeran College of Pharmacy affirming same principle [Para 6-7]

Institutional Practice – MBBS Admission Guidelines – Information booklet clauses relied upon by University only pertain to submission of documents at admission – No clause permits prolonged custody or retention post withdrawal of admission – Court found no agreement, clause, or affidavit authorising retention of documents against unpaid fees [Paras 10-11, 18]

Fee Recovery – Appropriate Legal Remedies – Institutions may recover unpaid fee through legal means but cannot enforce payment by impounding student’s certificates – Petitioner had already paid three years’ fees for two years of study – Refusal to return documents disproportionate and without authority [Paras 12-13, 19]

Equity and Fairness – Career Prejudice – Court observed that unjustified withholding of documents severely prejudices educational rights of students – Petitioner’s admission in new university was at risk due to non-availability of documents required for examinations – Directed immediate release [Paras 19-20]

Decision: Application allowed – Jaipur National University directed to release original Class 12 Transfer Certificate and Migration Certificate to the petitioner forthwith and not later than 04/12/2025 – University may pursue lawful recovery of fees through appropriate legal process – Main writ petition listed for 22/01/2026.