Service Law – Police Personnel – Unauthorized Absence – Removal from Service – Judicial Review – Petitioner, a PAC Constable, removed from service for unauthorized absence of 160 days after departmental inquiry – Appellate and revisional authorities affirmed removal – Writ petition challenged legality of punishment, inquiry findings and proportionality [Paras 2, 11, 15-19].

Alternative Remedy – Delay in Raising Objection – Maintainability of Writ Petition – Objection of availability of alternative remedy before U.P. Public Service Tribunal raised after 21 years – Pleadings complete and writ entertained long back – Held: Writ not liable to be dismissed on ground of alternative remedy at belated stage [Paras 12-14].

Departmental Inquiry – Procedural Fairness – Opportunity of Hearing – Chargesheet issued, witnesses examined and opportunity of cross-examination granted – Petitioner chose not to cross-examine prosecution witnesses – Inquiry not vitiated on ground of violation of principles of natural justice [Paras 4-5, 21].

Unauthorized Absence – Illness and Compelling Circumstances – Appreciation of Evidence – Petitioner relied on medical certificates and plea of collapse of house – Inquiry Officer found contradictions between pleas, absence of hospitalisation, non-coverage of entire period and lack of contemporaneous intimation – Held: Findings based on evidence and not perverse – High Court cannot reappreciate evidence in writ jurisdiction [Paras 6-8, 25-28, 43-46].

Police Regulations 381 & 382 – Nature and Effect – Regulations are administrative instructions without statutory force – Non-compliance may raise doubt but is not conclusive – However, in present case, even ignoring strict applicability, petitioner failed to justify prolonged absence after fitness certificate – Regulations treated as directory [Paras 32, 46].

Unauthorized Absence – Willfulness – Scope of Krushna Kant B. Parmar Doctrine – Absence due to compelling circumstances may not be wilful – However, principle not absolute – Long unauthorized absence without satisfactory explanation can constitute misconduct – Supreme Court decisions in Krushna Kant B. Parmar and T.T. Murali Babu harmoniously explained and applied [Paras 33-40].

Judicial Review – Limits under Article 226 – High Court not an appellate authority over disciplinary findings – Interference permissible only in cases of perversity, no evidence, procedural illegality or disproportionate punishment – Reliance placed on Railways v. Rajendra Kumar Dubey and allied precedents [Paras 41-42].

Past Conduct – Reference in Punishment Order – Double Jeopardy – Past misconduct not made a charge – Mere reference to past conduct permissible to add weight, if punishment founded independently on proved charge – No violation of principles of double jeopardy or natural justice [Paras 52-55].

Inquiry Officer – Recommendation on Punishment – Validity – Appendix-I to Rule 14(1) of 1991 Rules permits recommendation, but requires it to be made separately – Composite inquiry report containing recommendation held defective – Recommendation beyond permissible manner influenced disciplinary process – Held in favour of petitioner [Paras 56-57].

Punishment – Proportionality – Long Service and Subsequent Developments – Petitioner reinstated under interim order, served till superannuation, promoted as Head Constable and drawing provisional pension – Removal from service held disproportionate in peculiar facts – Court justified in interfering with quantum of punishment [Paras 59-61].

Relief – Remand on Quantum of Punishment – Orders of removal, appeal and revision set aside – Matter remanded to disciplinary authority to impose any punishment other than dismissal/removal – Fresh decision on salary for period of unauthorized absence directed after notice – Post-retiral dues to be recalculated and released within stipulated time [Paras 62-65].

Decision: Writ petition partly allowed – Removal from service set aside – Matter remanded to disciplinary authority for reconsideration of punishment in accordance with law – Directions issued for timely compliance.

Specific Performance – Second Appeal – Scope under Section 100 CPC – High Court reiterated that interference in second appeal is permissible only when findings of the First Appellate Court are perverse, based on no evidence, inadmissible evidence, or contrary to settled principles of law – Reappreciation of evidence not permissible [Paras 16, 31].

Specific Performance of Contract – Registered Possessory Agreement of Sale – Agreement of sale dated 09.03.1979 duly registered – Entire sale consideration paid and possession delivered on date of agreement – Certified copy admissible where original lost in cyclone – Execution of agreement not disputed by executant’s legal representatives – Decree for specific performance upheld [Paras 19, 22, 24].

Specific Relief Act, 1963 – Section 16(c) – Readiness and Willingness – Plaintiff proved oral demand for execution of sale deed during vendor’s lifetime and thereafter from legal representatives – Defendants 1 and 2 remained ex parte and did not dispute readiness and willingness – Requirement of notice held satisfied on facts [Paras 18–21].

Locus Standi – Third Party to Contract – Defendant No.3 not a party to the agreement of sale – Held, such defendant has no locus to challenge decree of specific performance granted against vendors’ legal representatives – Decree having attained finality as defendants 1 and 2 did not appeal [Paras 17, 22, 30].

Possession – Permissive Possession vs. Tenancy – Defendant No.3 claimed tenancy under original owner but failed to establish tenancy by evidence – Plaintiff proved permissive occupation after borrowing of money – Permissive possessor liable to vacate upon termination of permission [Paras 25, 29, 30].

Evidence – Conduct of Parties – Adverse Inference – Legal representatives of executant neither contested nor entered witness box – Presumption drawn against denial of execution and obligation to execute sale deed [Paras 20, 21].

Eviction – Consequential Relief – Once plaintiff held entitled to specific performance and execution of sale deed, permissive occupant/defendant No.3 liable to be evicted from suit schedule property [Paras 30].

Decision: Second Appeal dismissed – Judgment and decree of the First Appellate Court confirmed – No substantial question of law involved – Parties directed to bear their own costs

Service Law – Lecturers in Government Polytechnics – Career Advancement Scheme – Academic Grade Pay (AGP) – Petitioners appointed as Lecturers between 1989–1999 and promoted to Selection Grade with AGP ₹9,000 – Junior Lecturers possessing Ph.D. granted AGP ₹10,000 – Petitioners challenged prescription of Ph.D. qualification as discriminatory – Held: No vested right to higher AGP in absence of prescribed qualification [Paras 3–5, 23–25].

Academic Policy – Prescription of Qualifications – Role of AICTE – AICTE, a statutory expert body under the AICTE Act, empowered to prescribe qualifications, service conditions and pay structures – Introduction of Ph.D. requirement for AGP ₹10,000 under Clarification dated 04.01.2016 held within statutory competence – Courts must defer to expert bodies in academic matters unless decision shown to be arbitrary or mala fide [Paras 7–10, 17–21].

Equality Clause – Articles 14 & 16 – Reasonable Classification – Classification between Ph.D. and non-Ph.D. Lecturers for grant of higher AGP based on higher academic attainment – Classification held intelligible and having rational nexus with object of improving academic standards and incentivising research – No violation of Articles 14 or 16 established [Paras 18–23].

Career Advancement – Incentive for Higher Qualification – Prescription of Ph.D. qualification intended to encourage faculty to acquire higher academic credentials – Policy decision aimed at enhancing quality of technical education – Such differentiation permissible in service jurisprudence [Paras 19–21].

Judicial Review – Limits in Academic and Policy Matters – Courts not equipped to substitute their views for those of statutory expert bodies on academic standards – Interference warranted only if decision is patently arbitrary, irrational or illegal – Reliance placed on Supreme Court precedents emphasising restraint in judicial review [Paras 17, 20–21].

Clarification vs. Amendment – Retrospective Effect – AICTE Clarification dated 04.01.2016 held to operate prospectively in governing eligibility for higher AGP – Does not divest any vested or accrued right of Petitioners – Distinction from cases involving retrospective alteration of service conditions [Paras 22–23].

Tribunal Orders – Validity – Central Administrative Tribunal correctly applied statutory framework and principles governing academic policy – Impugned orders dismissing Original Applications upheld – No perversity or illegality found [Paras 26–27].

Decision – Writ petitions dismissed – Prescription of Ph.D. qualification for grant of AGP ₹10,000 upheld as valid – No interference warranted with AICTE Regulations or Tribunal’s orders – Pending applications dismissed [Paras 27–28].

Matrimonial Law - Maintenance Law – Divorced Muslim Woman – Code of Criminal Procedure, 1973 (Cr.P.C.) Section 127 / Muslim Women (Protection of Rights on Divorce) Act, 1986 (Act, 1986) Section 3(2) – Enhancement Allowed – A divorced Muslim woman is not precluded from invoking Section 127 Cr.P.C. for enhancement of maintenance even if the initial order was passed under Section 3(2) of the Act, 1986 – The Act, 1986 is not in derogation of, but in addition to, the provisions of Section 125 Cr.P.C. – The Family Court has jurisdiction under Sections 7(1)(f) and 20 of the Family Courts Act, 1984, to decide and enhance maintenance considering inflation and changed circumstances – Wrong nomenclature of a petition does not oust the Court's jurisdiction – The husband's objection to maintainability was rejected – The High Court affirmed the maintainability of the application for enhancement [Paras 8-10, 23].

Maintenance Law – Muslim Husband's Liability – Muslim Women (Protection of Rights on Divorce) Act, 1986 Section 3(1)(a) / Cr.P.C. Section 125 – Liability Extends Beyond Iddat Period – A Muslim husband's liability to make fair and reasonable provision and maintenance for his divorced wife extends beyond the iddat period and includes making provisions for her future sustenance – Section 125 Cr.P.C. is a secular provision applicable to all women, including divorced Muslim women, to prevent vagrancy and destitution – The 1986 Act does not supplant Section 125 Cr.P.C. but provides additional remedies – This interpretation ensures the constitutional validity of the 1986 Act in light of Articles 14 and 15 of the Constitution [Paras 3.2, 3.3, 5.4, 5.5, 8.3, 9, 9.1, 9.2].

Maintenance Law – Minor Children – Cr.P.C. Section 125 / Muslim Women (Protection of Rights on Divorce) Act, 1986 Section 3(1)(b) – Father's Duty Irrespective of Religion – A father has a duty to maintain his minor children irrespective of his religion – The rights of children to claim maintenance from their father are covered by Section 125 Cr.P.C. and are not abrogated by Section 3(1)(b) of the 1986 Act – The Court previously directed maintenance for the son under Section 125 Cr.P.C. until he attained majority [Paras 3.2, 3.3, 8.3].

Maintenance Law – Major Son's Educational Expenses – Cr.P.C. Section 125 – Father's Duty to Support Education – A father is duty-bound to provide maintenance until the completion of his son's or daughter's education, even if they attain majority during studies and lack independent income – A strict interpretation of majority as a cut-off date could lead to hardship and abandonment of studies – The Court previously upheld an order directing the father to pay Rs.8,00,000/- for his son's B.Tech educational expenses [Paras 3.9, 10, 17].

Maintenance Law – Enhancement of Maintenance – Cr.P.C. Section 127 – Enhanced to Rs.10,000/- – The determination and enhancement of maintenance depend on factors such as the parties' status, claimant's reasonable needs (food, clothing, shelter, medical), respondent's income and liabilities, claimant's income, number of dependents, and changed circumstances like inflation and increased salary of the husband – Considering the husband's basic salary of Rs.52,000/- per month, the Court applied the principle of awarding approximately 25% of the net income as just and reasonable maintenance – The Family Court's enhancement from Rs.3,000/- to Rs.8,100/- was deemed inadequate – The High Court further enhanced the maintenance to Rs.10,000/- per month, effective from 05.07.2016 (date of filing the petition) – The husband was directed to pay Rs.20,000/- per month towards differential arrears from January 2026 until full adjustment [Paras 3.7, 3.8, 5, 5.1, 5.3, 6.3, 12, 12.2, 12.3, 12.4, 12.6, 12.7, 12.8, 12.9, 12.10, 15, 16, 19, 21].

Evidentiary Law – Claimant's Income – Maintenance Proceedings – Failure to Prove Alleged Income – The husband's allegations regarding the wife's income from rental property or a beauty parlour were not substantiated by concrete evidence – While the son was a graduate engineer and likely employed, conclusive proof of his exact income during the relevant period was absent – The Court held that maintenance enhancement could not be denied based solely on unproven allegations of the wife's or son's income [Paras 5.1, 6.2, 6.3, 6.5, 12.3, 12.4, 12.8, 14, 18, 19].

Maintenance Law – Future Adjustments – Cr.P.C. Section 127 – Liberty to Approach Court – Both parties retain the liberty to approach the Family Court for further enhancement, reduction, or stoppage of maintenance in the event of changed circumstances, including an increase in the husband's salary, employment or improved earnings of the son, or gainful employment/earning of the wife [Para 20].

Decision: Appeal allowed – RPFAM No.260 of 2017 allowed to the effect of enhancing maintenance to Rs.10,000/- per month and directing payment of arrears – RPFAM No.293 of 2017 dismissed – No order as to costs [Paras 21, 23].

Bail – UAPA – Section 43D(5) – Prima Facie True Test – At the stage of bail, Court is required to assess material on broad probabilities and not conduct a detailed trial – Documents and investigation material to be taken as they are, without testing admissibility or reliability – Held: Accusation against the appellant found prima facie true on cumulative assessment of material [Paras 17–18].

Criminal Conspiracy – Proof – Circumstantial Evidence – Conspiracy need not be proved by direct evidence – Meeting of minds can be inferred from conduct, communications, and surrounding circumstances – Absence from some meetings not decisive – Held: Appellant’s conduct before and after the incident indicates participation in conspiracy [Paras 14–15.1].

Social Media Messages – Instigation – Intention – Appellant circulated screenshot of deceased’s post with provocative and inflammatory message after altering mobile number to reveal identity – Message capable of provoking violence in communally sensitive atmosphere – Relevant under Section 14 Evidence Act to infer intention and state of mind – Held: Prima facie instigation and motive established [Paras 6–10].

Terrorist Act – UAPA – Formation of Terrorist Gang – Material indicates organised plan to avenge perceived insult to faith and to strike terror in society – Killing of deceased as part of wider design – Held: Prima facie applicability of Sections 16, 18 and 20 UAPA [Paras 12–13, 18].

Extra-Judicial Confession – Evidentiary Value – Confession of co-accused not substantive evidence by itself – However, when supported by independent circumstantial material, it can lend corroboration – Held: Even dehors extra-judicial confessions, sufficient prima facie material exists against appellant [Paras 15–17].

Bail – Length of Custody – Article 21 – Though prolonged incarceration is a relevant factor, it cannot override statutory embargo under UAPA when accusations are prima facie true and evidence is of sufficient probative value – Held: Continued detention justified in view of gravity and nature of offence [Paras 18–18.1].

Precedents – Applicability – Vernon v. State of Maharashtra and Pancho v. State of Haryana distinguished on facts – Case governed by principles laid down in NIA v. Zahoor Ahmad Shah Watali and Union of India v. Barakathullah – Held: Bail rightly denied [Paras 16–17.3].

Decision: Appeal dismissed – Order of Special Judge rejecting bail confirmed – Court holds that there are reasonable grounds to believe that accusations against the appellant are prima facie true – Statutory bar under UAPA attracted – No case for grant of bail made out.

Order VIII Rule 1 CPC – Failure to file written statement within 90 days – Lethargy and negligence – Personal hardship not “exceptional circumstance” – Striking off defence upheld – Article 227 interference declined.

Civil Procedure – Written Statement – Order VIII Rule 1 CPC – Striking Off Defence – Defendant failed to file written statement despite appearance, repeated opportunities and imposition of costs – Delay extended far beyond statutory period of 30 days and outer limit of 90 days – Held: Order VIII Rule 1 CPC mandates timely filing; prolonged inaction amounts to lethargy and wilful negligence justifying striking off defence [Paras 5–6].

Exceptional Circumstances – Meaning and Scope – Plea of personal distress due to death of son and alleged lapse of counsel raised to justify delay – Held: Such grounds, without substantiating circumstances showing impossibility to act, do not constitute “exceptional circumstances” within the meaning of Order VIII Rule 1 CPC [Paras 3, 6].

Conduct of Litigant – Lethargy Not to Be Encouraged – Defendant remained inactive for nearly 1½ years after appearance – Courts not required to come to aid of negligent litigants who abuse procedural indulgence – Procedural discipline essential for expeditious justice [Para 6].

Article 227 – Supervisory Jurisdiction – Limited Scope – High Court will not interfere with discretionary orders of Trial Court unless perversity or jurisdictional error shown – Trial Court exercised discretion judiciously and recorded cogent reasons – No ground for interference made out [Paras 4, 6].

Decision: Civil Revision dismissed – Order dated 15.10.2025 striking off defence upheld – Petition found meritless.

Writ Jurisdiction – Suspension of Membership – Society Dispute – Petitioner, a member of Karnataka Film Chamber of Commerce, suspended pending inquiry on allegations of misconduct and complaints of financial irregularities – Petitioner submitted representation expressing regret, willingness to tender unconditional apology and withdraw allegations – Primary question whether writ court should intervene or relegate petitioner to civil remedy under Section 9 CPC [Paras 1–2].

Article 226 – Discretionary Relief – Alternative Remedy – Though disputes relating to suspension of membership may ordinarily be adjudicated in civil proceedings, High Court can exercise discretion under Article 226 where continuation of impugned action is unjustified in the given facts – Held: Existence of alternative remedy not an absolute bar [Paras 1, 5–6].

Suspension Pending Inquiry – Proportionality – Continuation of suspension not justified when petitioner unequivocally withdraws allegations, expresses remorse, and undertakes not to repeat unsubstantiated accusations – Held: Suspension quashed to prevent unnecessary precipitation of dispute [Paras 5–6].

Undertaking – Future Conduct – While quashing suspension, Court bound petitioner to his undertaking not to repeat allegations without substantiation – Liberty reserved to concerned authorities to act strictly in accordance with law if future cause arises [Para 6].

Election Process – Society Governance – Appointment of Returning Officer and pendency of election process not a valid ground to indefinitely continue suspension when equities favour intervention – Held: Decision to suspend cannot be insulated from judicial review merely because elections are underway [Paras 3–4, 6].

Decision: Writ petition disposed of – Decision to suspend the petitioner’s membership quashed – Petitioner bound by undertaking to withdraw complaints and not repeat unsubstantiated allegations – Liberty reserved to respondents to take action in accordance with law if future circumstances so warrant.

of Parents – Gift Deed – Implied condition of care – Failure to provide basic amenities – Tribunal can infer condition from conduct and circumstances – Cancellation of gift deed upheld under Section 23, Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Writ interference declined.

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Section 23 – Cancellation of Gift Deed – Implied Condition of Maintenance – Senior citizens executed a gift deed in favour of close relative out of love and affection and expectation of continued care – Gift deed did not contain an express clause regarding maintenance – Allegations of cruelty, neglect, denial of basic amenities and forcible ouster proved before Tribunal – Held: For applicability of Section 23(1), condition of maintenance need not be expressly written in the gift deed; it can be inferred from surrounding circumstances, relationship and conduct of parties – Beneficial legislation to be interpreted purposively – Gift deed rightly declared null and void [Paras 18–20].

Tribunal’s Jurisdiction – Power to Look Beyond Deed – Maintenance Tribunal empowered to examine real intent behind transfer and subsequent conduct of transferee – Tribunal can go beyond formal recitals of gift deed to determine existence and breach of condition for providing basic amenities and physical needs – Findings of fact based on material evidence upheld [Paras 7, 18, 20].

Composition of Maintenance Tribunal – Validity – Tribunal presided over by Sub-Divisional Officer (Revenue) with other members – Held: Composition strictly in accordance with Section 7 of the Act and Rules framed thereunder – Objection to constitution of Tribunal rejected [Para 17].

Judicial Review under Article 226 – Limited Scope – Writ Court cannot reappreciate evidence or substitute its own findings unless orders suffer from perversity, jurisdictional error or patent illegality – Concurrent findings of Maintenance Tribunal and Appellate Tribunal based on evidence – No perversity shown – Interference declined [Paras 21–22].

Decision: Writ petition dismissed – Orders of Maintenance Tribunal and Appellate Tribunal affirmed – Cancellation of gift deed upheld – Interim protection vacated.

Commercial Law – Lease of Immovable Property – Jurisdiction of Commercial Court – Suit for recovery of mesne profits arising out of lease of immovable property used exclusively for commercial purposes – Property situated in commercial complex (Ansal Bhawan) and consistently used for commercial activities – Dispute squarely covered under Section 2(1)(c)(vii) of Commercial Courts Act – Mere involvement of Government as lessee does not oust jurisdiction – Held: Commercial Court had jurisdiction to entertain the suit [Paras 23–28].

SAFEMA – Bar of Civil Jurisdiction – Scope of Sections 14 and 23 – Property earlier forfeited under SAFEMA – Forfeiture proceedings subsequently quashed by High Court for lack of jurisdiction – Civil suit did not challenge forfeiture but sought mesne profits for unauthorised occupation – Section 14 SAFEMA does not bar independent civil claims for damages/mesne profits once forfeiture proceedings are annulled – Section 23 protection unavailable where continued occupation lacks bona fides after quashing of forfeiture – Held: Suit not barred by SAFEMA [Paras 29–35].

Government as Tenant – Liability for Mesne Profits – Government continued in possession without payment of rent after forfeiture order and even after quashing thereof – Continued occupation without authority or payment held unjustified – Government liable to compensate owners for unauthorised use and occupation [Paras 35, 37].

Civil Procedure – Abatement – Death of Plaintiff – One of the plaintiffs died during pendency of suit – Legal representative brought on record – Right to sue survived as suit concerned joint ownership and monetary relief – No abatement of suit – Objection held technical and meritless [Para 36].

Mesne Profits – Limitation – Continuing Wrong and Recurring Cause of Action – Claim for mesne profits governed by Article 51 of Limitation Act – Each month of unauthorised occupation gives rise to recurring cause of action – Plaintiffs bona fide pursued writ remedy for possession and arrears – Limitation cannot be applied mechanically to defeat substantive justice [Paras 38–42].

Limitation Act – Section 14 – Exclusion of Time Spent in Writ Proceedings – Time spent in prosecuting writ petition for restoration of possession liable to be excluded – Writ proceedings treated as “civil proceedings” prosecuted in good faith – Plaintiffs entitled to exclusion till possession restored – Consequently, mesne profits restricted to three years prior to institution of writ petition [Paras 43–49].

Assessment of Mesne Profits – Methodology – Market rent determined on basis of contemporaneous lease deeds of comparable properties – Rate per sq. ft. applied to area of suit property – Method adopted by Single Judge upheld as sound and reasonable – However, recalculation required due to limitation [Paras 50–52].

Decision – Partial Allowance of Appeal – Decree for mesne profits upheld on merits but modified on limitation – Plaintiffs entitled to mesne profits only for period 23.09.2016 to 02.07.2020 – Amount recalculated at ₹67,13,340/- with interest @ 6% p.a. – Appeal partly allowed to limited extent – Impugned judgment otherwise affirmed [Paras 53–54].