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].

Labour Law – Dismissal of Employee – Procedural Irregularities in Labour Court Proceedings – Appellant challenges Labour Court’s award reinstating dismissed employee without providing an opportunity to the employer to present evidence – Labour Court found dismissal of respondent (a sweeper) for repeated unauthorized absences from work was in violation of principles of natural justice – Appeal emphasizes that Labour Court should have allowed the corporation to prove charges due to defective inquiry [Para 4, 7]

Procedural Fairness –  Evaluation of dismissal process under Gujarat Provincial Municipal Corporation Act, 1949 – Employer’s right to defend without full inquiry based on workman’s admission of misconduct – Appellant’s contention of error by Labour Court in not allowing evidence to justify dismissal, citing Apex Court precedents on defective or absent inquiries equating [Paras 4-4.4].

Judicial Review – Analysis of proportionality of penalty and history of misconduct – Importance of adhering to natural justice in disciplinary actions – High Court found jurisdictional error in not permitting employer to lead evidence at Labour Court – Remand to Labour Court to allow fresh evidence [Paras 6-7.3].

Decision – Remand and Reinstatement – Orders of Single Judge and Labour Court set aside, matter remanded to Labour Court to allow evidence from employer – Appeals allowed, directing expeditious handling by Labour Court within six months – Civil Application Nos. 1 of 2024 related to stay disposed as main appeals allowed [Paras 8-10].

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]

Appeal against Dismissal of Suit – Challenge against the judgment dated 24^th February 2014 and review petition dismissal dated 29^th August 2014 concerning recovery of misuser charges on leased property – Appeal allowed – Single Judge dismissal set aside due to inadequate consideration of pleadings and issues framed – Appeal succeeds on grounds that the trial court failed to consider vital evidence and did not adjudicate on framed issues as mandated by Order XIV Rule 2 of CPC – Misuser charges paid under protest and without prejudice – Case remanded for retrial – [Paras 1-2, 19-22].

Lease and Misuser Charges – Dispute over legality of misuser charges levied by L&DO on appellant post purchase of leasehold property from Erstwhile Owners – Appellant contends payments were excessive, arbitrary, and not compliant with relevant regulations – [Paras 4-6, 14-16].

Pleading and Evidence – Initial judgment dismissed due to purported lack of pleadings and evidence regarding payment of charges under coercion – Appellate Court finds sufficient pleadings were indeed presented – Misuser charges questioned on validity and imposition process – Trial court failed to adjudicate on issues despite comprehensive pleadings and framed issues – [Paras 9, 14, 19].

Restoration of Suit – Appellate decision restores original suit and mandates retrial on merits, addressing all issues initially framed – [Para 21].

Decision: Judgment allowing the appeal, setting aside the initial dismissal, and restoring the suit for further proceedings. Misuser charges to be reviewed on substantive legal and factual grounds as framed in issues – [Paras 20-23].

Criminal Law – Conviction under Sections 304 (Part II) and 328 IPC – Appeal against conviction by the Additional Sessions Judge, Malda – Appellant convicted for causing death by administering poisoned alcoholic drink and causing grievous harm with knowledge – High Court modified sentence but upheld conviction – Evidence from medical reports and witness testimonies confirmed poisoning leading to death and serious illness [Paras 1, 5, 20, 27-32].

Evidence Evaluation – High Court examined multiple witness accounts and medical evidence to ascertain the cause of death and the circumstances of poisoning – Several witnesses testified to having consumed poisoned ‘Tari’ at appellant’s residence, corroborated by medical evidence of poisoning and subsequent death and illness [Paras 6-19].

Legal Precedents and Application – Relied on Supreme Court judgments concerning murder by poisoning, establishing lack of direct motive but knowledge of harmful consequences suffices for conviction under IPC sections dealing with unintentional murder and administering poisonous substances [Paras 23-26].

Decision – Modified Sentence – High Court found trial court’s decision on conviction correct but reduced the substantive sentences for both offences to 5 years, maintaining that both sentences run concurrently, thus modifying the severity but not the fact of the conviction [Paras 29-31].

Compulsory Retirement Controversy – Petitioner challenges his compulsory retirement under FR 56(j) based on his entire service record being reviewed, claiming it was without procedural compliance and an assessment of an ‘outstanding’ service record – Dispute centers on whether adverse records can be disregarded and if the timing of the review was legally appropriate – Tribunal dismisses OA, stating no procedural impropriety or unjust application of FR 56(j), emphasizes that full record review justified the decision – [Paras 1-16, 53-76]

Legal Interpretation of FR 56(j) – Consideration of entire service record, including past adverse entries permissible under FR 56(j) – Supreme Court precedents cited to reject “washed-off theory” where earlier adverse records may not be ignored in compulsory retirement considerations – High Court upholds that compulsory retirement under FR 56(j) is not punitive and does not imply stigma – [Paras 54, 59-61]

Procedural Adherence and Judicial Review – High Court examines whether procedural norms under FR 56(j) and related Office Memorandums were followed – Findings indicate the review was conducted post-petitioner reaching age threshold but within acceptable limits – Upholds Tribunal’s view that non-adherence to exact review timing does not invalidate compulsory retirement decision when procedural fairness is observed – [Paras 52, 55-56, 73-75]

Decision: The petition challenging the compulsory retirement was dismissed with no costs, affirming the decision of the Tribunal which found the retirement justified based on the petitioner’s service record, adherence to procedure, and lack of evidence of arbitrariness or malafides in the application of FR 56(j).

Rent Act - Quashing of Eviction Order – Appeal against dismissal of eviction petition – Landlords' plea under Section 14(1)(e) of the Delhi Rent Control Act for recovery of possession of the subject premises – Landlords claim bona fide requirement for reconstruction of premises and settlement in India due to advanced age and insufficient accommodation – Tenant contests, alleging lack of evidence and bona fides – Trial court dismisses eviction petition for failure to prove bona fide requirement – High Court intervenes under proviso to Section 25B(8) of the Act – Holds eviction order unsustainable due to perversity in Rent Controller's reasoning – Landlords' desire to return to India for settling down and arranging matrimonial alliances for their children upheld as bona fide – Lack of specific pleadings and affirmative evidence from tenant's side – Court allows eviction petition, granting landlords possession of subject premises – Execution of possession order deferred for six months.

Violation of Fundamental Rights – Right to Education – Provision of Statutory Benefits – Public Interest Litigation – Delhi High Court mandates immediate provision of educational materials in kind rather than cash to ensure compliance with the Right of Children to Free and Compulsory Education Act, 2009 and related rules, highlighting administrative failures in GNCTD and MCD – Calls for an enhancement of financial powers of the MCD Commissioner to resolve procurement issues. [Paras 1-7, 9-14, 17, 25-26, 40]

Non-Compliance with Statutory Obligations – Delhi High Court identifies a lack of coordination and administrative impasse in MCD, exacerbated by non-functional Standing Committees, leading to failure in providing educational materials to students as per statutory requirements – Court stresses the need for immediate action to rectify the deficiencies to safeguard the fundamental rights of students under Article 21A. [Paras 10, 12-14, 23-26]

Judicial Directions for Administrative Reforms – In response to the failure of GNCTD and MCD to provide statutory educational benefits, Delhi High Court directs immediate delegation of financial powers to MCD Commissioner and criticizes the administrative inertia – Court emphasizes the urgency of fulfilling constitutional and statutory obligations towards school children. [Paras 16, 23-26, 35-37, 39-40]

Responsibility of Government Authorities – Delhi High Court holds GNCTD and MCD accountable for not ensuring the provision of free textbooks, writing materials, and uniforms, violating the statutory rights of children – Court orders immediate procurement of these items despite administrative and financial constraints, underscoring the urgency due to imminent school vacations. [Paras 5, 9-11, 15, 27-29, 31, 33-37]

Decision – Immediate Action Required – High Court emphasizes immediate need for action, overriding bureaucratic impediments, to ensure provision of statutory educational benefits, underscores the urgency given by upcoming academic breaks and fundamental education rights [Para 40].