Personal Injury Compensation - Motor Vehicle Accident - Assessment of compensation for injuries sustained in a road accident - Claimant suffered multiple fractures to the left ankle, underwent surgeries, and incurred medical expenses - Claimant's income assessed based on income tax return prior to the accident - Assessment of permanent physical disability and future loss of earnings - Award for pain and suffering, transportation charges, attendant charges, and loss of amenities of life - Interest awarded from the date after 30 days of injury - Appeals by claimant and insurance company dismissed, as compensation awarded by the Tribunal upheld. [Para 1-23]

Criminal Law – POCSO Act – Applicability – The appellant argued that incidents of sexual harassment and assault occurred either before the enforcement of the POCSO Act or after the prosecutrix attained majority – Held, incidents in 2011 occurred before the POCSO Act, but continued harassment in 2012 and 2013 fell within its purview – Appeal dismissed [Paras 1-52].

Sexual Harassment – Repeated Incidents – Detailed Testimony – The prosecutrix's detailed testimony about repeated incidents of harassment was considered credible despite the appellant’s claims of improvements in her statements – Court found her deposition consistent with the evidence [Paras 24-34].

Delay in FIR – Context of Reluctance – Delay of over a month in filing the FIR explained by the prosecutrix's hesitation and the sensitive nature of the allegations against her mother and close relative – Court accepted her explanation as reasonable under the circumstances [Paras 43-44].

Applicability of Section 42 of POCSO Act – Overlapping Offences – Section 42 of POCSO Act mandates greater punishment between IPC and POCSO for overlapping offences – Trial court erred in convicting under both Section 354A IPC and Section 8 POCSO Act – Conviction under Section 354A IPC set aside [Paras 49-51].

Decision: Appeals and revision petition dismissed – Conviction and sentences upheld except for the setting aside of the conviction under Section 354A IPC due to overlap with POCSO Act [Para 52].

Will – Registration – Validity – Whether a will is invalid if signed by the testator and attesting witnesses before an official rather than the Registrar – Court held that although ideally, the signatures should be obtained before the Registrar, the will is not invalidated solely on this ground – Registration of a will is not compulsory, and the execution of the will was otherwise duly proved – Appellate court’s finding that the will was surrounded by suspicious circumstances reversed [Paras 1-23].

Joint Hindu Family Property – Proof – Whether mere joint residence and common ration card prove property is Joint Hindu Family property – Court held that these factors alone are insufficient to establish the property as Joint Hindu Family property – Plaintiff failed to prove the property was ancestral – Appellate court’s findings based on insufficient evidence set aside [Paras 24-32].

Decision – Appeal Allowed – Held – Suit filed by the plaintiff is dismissed – Findings of the appellate court reversed on both substantial questions of law [Paras 33].

Judicial Discipline – Repeated Petitions – Abuse of Process – Petitioner repeatedly filed petitions under Section 340 Cr.P.C. seeking similar relief – Court dismissed previous petitions on the same grounds – Petitions considered as 'bench hunting' and abuse of process – Courts bound by doctrine of judicial discipline, findings of higher courts or coordinate benches must be respected – Current petition dismissed with costs [Paras 1-19].

Perjury – False Affidavit – Previous Judgments – Petitioner alleged respondent filed false affidavit leading to dismissal of her writ petition – Earlier courts found no basis for inquiry under Section 340 Cr.P.C. – Petitioner’s repeated attempts to re-litigate same issue deemed frivolous and misleading – Petition dismissed for lack of merit and non-disclosure of full facts [Paras 2-18].

Judicial Conduct – Clean Hands Doctrine – Petitioner concealed previous court orders and facts – Court emphasized that litigants with intent to deceive and mislead are not entitled to relief – Petition dismissed with costs imposed on petitioner for wasting judicial time during COVID-19 pandemic [Paras 17-19].

Decision – Petition Dismissed with Costs – Held – Petition dismissed as non-maintainable – Costs of Rs. 25,000 imposed to be deposited with Haryana Corona Relief Fund [Paras 18-19].

Negotiable Instruments Act – Section 138 – Adjustment of Payment – Convict sought adjustment of ₹33,10,000 recovered by complainant in civil execution proceedings towards compensation of ₹1.5 crore imposed in criminal proceedings under Section 138 NI Act. Held: Section 357(5) CrPC permits adjustment of compensation paid or recovered in one proceeding against another relating to the same transaction. No legal impediment to applying the principle in reverse — amount realized in civil decree can be adjusted towards compensation in criminal proceedings arising from the same cheque dishonour [Paras 10–11].

Criminal Procedure – Compensation and Default Sentence – Section 357(3) read with Sections 431 CrPC & 64 IPC – Court empowered to impose default sentence to secure payment of compensation; supported by Vijayan v. Sadanandan K., (2009) 6 SCC 652. Amount already recovered through civil process to be treated as partial satisfaction of compensation amount [Paras 8–9].

Proportionate Reduction of Default Sentence – Section 69 IPC – Where part of fine or compensation has been paid, imprisonment in default must be proportionately reduced. ₹33.1 lakh received equals approx. 22% of compensation; default sentence of six months reduced by equivalent proportion (≈39 days). Since appellant had already undergone that period, held entitled to immediate release [Paras 12–13].

Civil and Criminal Proceedings – Same Cause of Action – Where both civil decree and criminal conviction arise from same dishonoured cheques, duplication of recovery not permissible. Courts empowered to ensure equitable adjustment to avoid double recovery [Paras 5–11].

Decision: Amount of ₹33,10,000 recovered in civil execution adjusted towards ₹1.5 crore compensation. Default sentence reduced proportionately; appellant having undergone reduced sentence directed to be released forthwith. Appeal disposed of accordingly [Paras 13–15].

Civil Law  – Partition Suit – Maintainability – CPC S.100 – Plaintiffs (daughters and wife of deceased owner) sought partition of self-acquired property of late S. Sarvayya who died intestate in 1982 – Defendants 1 to 3 (sons) sold property in 2004 to Defendants 4 & 5, leaving out daughters – Appellants (purchasers) contended suit not maintainable without cancellation of sale deeds – Held: Under Specific Relief Act S.31, cancellation is discretionary (“may sue”) and not mandatory, particularly when plaintiffs were not parties to sale deeds – Plaintiffs can ignore alienations to the extent of their shares – Suit maintainable [Paras 17-20].

Hindu Succession Act – Coparcenary Rights of Daughters – Section 6(5), Hindu Succession Act, 1956 as amended by 2005 Act – Daughters born before amendment also acquire coparcenary rights by birth – Oral partition plea not acceptable unless supported by registered deed or decree – In absence of registered partition prior to 20-12-2004, plaintiffs (daughters) entitled to equal share with sons – Sale deeds by sons in favour of appellants not binding on daughters to the extent of their shares [Paras 19-20].

Relinquishment of Rights – Requirement of Registration – Specific Relief Act S.31 – Registration Act S.17 – Alleged consent letters/affidavits relied upon by appellants do not constitute valid relinquishment of plaintiffs’ rights – No registered relinquishment deed produced – Mutation entries or pattadar passbooks do not confer or extinguish title – Hence plaintiffs’ rights remain unaffected [Paras 25-29].

Second Appeal – Scope of Interference – CPC S.100 – High Court can interfere with findings of fact of first appellate court only if perverse, contrary to law or without evidence – Both trial and first appellate courts concurrently found plaintiffs entitled to partition – No substantial question of law arises – Second appeal dismissed [Paras 15, 30-32].

*Decision – Second Appeal dismissed – Judgments and decrees of trial court and first appellate court confirming partition decree upheld – Pending applications closed – Each party to bear own costs [Para 32].

Criminal Law – Rash and Negligent Driving – Conviction under Sections 279, 338, 304-A IPC – Modification of Sentence – Applicant, a state transport driver, convicted for rash and negligent driving causing death and injuries – Trial Court and Appellate Court concurrently held him guilty – High Court found no perversity in findings – However, considering the applicant's age (now 60), sentence under Sections 279, 338, and 304-A IPC reduced from 6 months and 1 year to 3 months each – Sentences ordered to run concurrently – Set-off granted under Section 428 CrPC [Paras 1, 11, 15].

Criminal Procedure – Revisional Powers – Limited Scope – Sections 397 and 401 CrPC – Held: Revisional jurisdiction is supervisory in nature – Cannot re-appreciate evidence unless there is manifest illegality, jurisdictional error, or gross miscarriage of justice – Concurrent findings of conviction by Trial and Appellate Court upheld – Reliance placed on State of Kerala v. Puttumana Illath Jathavedan Namboodiri, (1999) 2 SCC 452 and Malkeet Singh Gill v. State of Chhattisgarh, (2022) 8 SCC 204 [Paras 6–8].

Criminal Procedure – Sanction for Prosecution – Section 197 CrPC – Applicability – Plea that applicant was a government servant acting in official duty and sanction was required under Section 197 CrPC rejected – Held: Driving a government vehicle in a rash and negligent manner is not an act in discharge of official duty – Therefore, sanction not required – Plea also held to be raised for the first time at revision stage and not tenable [Paras 2.1, 13].

Motor Vehicles Act – Overlap with IPC Offences – Sentencing – No separate sentence awarded for offences under Sections 177 and 184 MV Act as they are covered by conviction under Section 279 IPC – Fine imposed for Section 134 MV Act sustained [Para 1].

Appellate Practice – Concurrent Findings – Interference by Revisional Court – High Court declined to interfere with findings of fact recorded by two courts below based on eyewitnesses and medical evidence – Observed that revisional interference unwarranted unless there is glaring legal error or miscarriage of justice [Paras 6–7, 12].

Sentence Reduction – Age and Passage of Time – Court exercised discretion to reduce sentence considering the passage of nearly 20 years since the offence and the advanced age of the applicant (above 60) – Sentence reduced while maintaining conviction [Paras 14–16].

Decision:

Revision application dismissed – Conviction confirmed – Sentences under Sections 279, 338, and 304-A IPC reduced to 3 months – Other sentences maintained – All sentences to run concurrently – Applicant to surrender within 4 weeks – Set-off for time already undergone under Section 428 CrPC [Para 16].

Criminal Law -  Complaint To Register FIR – Dismissal under Section 156(3) Cr.P.C. – Order Set Aside – Petitioner filed complaint alleging assault over election dispute but no FIR was registered – Trial Court dismissed petition due to petitioner’s non-cooperation and absence during hearing – Held: Complaint disclosed prima facie case warranting enquiry – One more opportunity granted to petitioner – Trial Court’s order set aside and fresh enquiry ordered [Paras 2–4].

Police Inquiry – Direction to Register FIR – Court Exercises Supervisory Power – High Court directed petitioner to appear before police within two weeks – On finding any material constituting offence, police directed to register FIR and proceed in accordance with law – Ensures procedural fairness while not pre-judging the complaint [Para 4].

Decision – Revision Allowed – Order dated 09.12.2024 passed by Judicial Magistrate-I, Tindivanam, in Crl.M.P.No.2439 of 2024 set aside – Petitioner granted opportunity to cooperate in fresh enquiry – Criminal Revision Petition disposed [Paras 4–5].

Medical Law – Organ Transplantation – Delay in Authorization – Petitioners challenged delay in obtaining necessary approvals for kidney transplant – High Court emphasized need for prescribed timelines under the Transplantation of Human Organs and Tissues Rules, 2014 – Absence of such timelines caused significant delays – Court directed establishment of clear timelines for processing applications, document verification, and scheduling of interviews – Petition allowed. [Paras 1-50]

Organ Transplantation – Right to Health – Timely decision-making critical for life-saving transplants – Court emphasized that delays in authorization processes can jeopardize patients' lives – Importance of maintaining integrity and effectiveness of transplantation protocols underscored – Right to health integral to right to life under Article 21 of the Constitution – Court called for expeditious and systematic decision-making. [Paras 38-42]

Judicial Review – Administrative Efficiency – High Court criticized administrative delays in organ transplant approval process – Directed Ministry of Health and Family Welfare to prescribe specific timelines for all steps in approval process – Recommended timely communication and documentation to prevent prolonged delays – Emphasized judicial oversight to ensure adherence to legal and ethical standards in organ transplantation. [Paras 43-50]

Decision:

Held: Writ petition allowed – Respondents directed to adhere to prescribed timelines for organ transplant approvals – Ministry of Health and Family Welfare to ensure proper communication and adherence to timelines – Petition disposed of. [Paras 48-50]