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].

Land Acquisition – National Highways Act, 1956 – Successive Declarations under Section 3D – Validity – Challenge to second notification dated 10.07.2024 issued under Section 3D(1) without issuing a fresh Section 3A notification – Allegation of change in alignment and arbitrary inclusion of petitioner’s land – Court held that no change in alignment was established – Issuance of two Section 3D notifications necessitated due to obstruction by landowners preventing survey – Both notifications part of same acquisition proceedings and issued within one year of Section 3A notification – Act, 1956 does not prohibit successive Section 3D declarations – Second notification held valid [Paras 6.2.1–6.2.13].

National Highways Act, 1956 – Section 3C – Right of Objection – Limited Scope – Petitioner alleged denial of opportunity to file objections before issuance of second Section 3D notification – Section 3A notification duly published in Gazette and newspapers – Petitioner failed to file objections within statutory period – Right under Section 3C confined only to objection regarding use of land and not acquisition per se – Failure to object within time disentitles petitioner from raising grievance later – No violation of principles of natural justice found [Paras 6.3.1–6.3.9].

Land Acquisition – Vesting of Land – Bar of Judicial Challenge – Upon publication of declaration under Section 3D(1), land vests absolutely in Central Government under Section 3D(2) – Section 3D(4) bars challenge to such declaration before any court – Once vesting takes place, acquisition cannot be interdicted in writ jurisdiction [Paras 6.4.4–6.4.5, 7.1].

Compensation – Section 3G(3) – Alleged Procedural Lapse – Remedy under Section 3G(5) – Petitioner contended non-compliance with mandatory requirement of public notice before determination of compensation – Court held that even assuming procedural irregularity, it would not vitiate acquisition – Dispute relates to quantum and classification of land – Statutory remedy of arbitration under Section 3G(5) held to be efficacious – Writ petition not maintainable on this ground [Paras 6.4.1–6.4.6].

Judicial Review – Highway Projects – Limited Interference – Decisions regarding alignment, feasibility and extent of land acquisition lie within domain of technical experts – Courts not equipped to evaluate technical and policy considerations – Interference warranted only in cases of patent illegality or mala fides – No mala fides or statutory violation established in present case [Paras 6.5.1–6.5.4].

Public Interest vs. Private Interest – Infrastructure Projects – Widening and four-laning of NH-334D held to be project of national importance – Individual hardship cannot override larger public interest – Appropriate relief lies in fair compensation rather than quashing acquisition – Balance struck in favour of public interest while safeguarding right to seek enhanced compensation [Paras 6.6.1–6.6.5, 7.3–7.4].

Decision: Writ petition dismissed – Acquisition proceedings upheld – Liberty granted to petitioner to seek enhancement of compensation through arbitration under Section 3G(5) of the National Highways Act, 1956 – Court clarified that it expressed no opinion on merits of compensation or classification of land [Paras 8–8.1].

Suo Motu Jurisdiction – Temple Administration – Alleged Plunder of Sacred Assets – Court-Monitored Investigation – High Court initiated suo motu proceedings concerning alleged removal and substitution of gold-cladded plates from Dwarapalaka idols at Sabarimala – Special Investigation Team constituted pursuant to court directions – Continuous judicial supervision exercised to ensure transparency, accountability and thorough investigation [Paras 1–3].

Criminal Investigation – Arrests and Expansion of Probe – Organised Misappropriation – In Crime Nos. 3700/2025 and 3701/2025, majority of accused arrested – Investigation expanded beyond initial suspects with scrutiny of additional individuals based on witness statements and documentary evidence – Held: Prima facie indicators suggest organised and systematic misappropriation rather than isolated acts [Paras 4, 12–13].

Scientific Evidence – Gold Cladding Analysis – Vikram Sarabhai Space Centre Report – Samples of gold plates collected and analysed by VSSC pursuant to court orders – Chemical analysis revealed absence of nickel and acrylic polymer layers in original gold cladding (1998) and presence of such layers in later plating – Comparative thickness and composition indicated substitution and tampering – Held: Scientific report provides crucial evidentiary foundation to identify modus operandi, fix liability and trace conspiracy [Paras 5–7].

Investigation – Role of Experts – Decoding Technical Reports – Court directed SIT to record detailed statements of scientists and technical experts from VSSC and correlate scientific findings with seized material and documentary evidence – Held: Expert evidence essential for decoding technical data and linking it with criminal acts allegedly committed during 1998, 2019, 2024 and 2025 [Paras 6–8].

Temple Assets – Kodimaram Replacement – Seizure of ‘Vajivahanam’ – Investigation revealed replacement of Kodimaram in 2017 and subsequent handing over of ‘Vajivahanam’ to then Thantri – Article seized from residence of Thantri with assistance of certified goldsmith – Prima facie found to be Panchaloha with substantial gold content – Produced before jurisdictional court – Directed deeper probe into Ashtadikpalaka idols and related transactions [Paras 10–11].

Tracing Proceeds of Crime – Financial and Property Investigation – Statements of over 202 witnesses recorded – Bank accounts frozen and immovable properties of accused identified for tracing proceeds of crime – Recording of statements under Section 183 of Bharatiya Nagarik Suraksha Sanhita in progress [Para 9].

Judicial Oversight – Public Trust Doctrine – Temple Properties – Court observed that what appeared to be bona fide administrative actions disclosed serious institutional lapses and possible connivance – Held: Custodians of temple assets are trustees of public faith and any breach warrants stringent scrutiny – Investigation described as having opened a “Pandora’s box” and “hornet’s nest” revealing entrenched misconduct [Paras 12–13].

Further Directions – Sampling, Measurement and Logistical Support – SIT permitted to visit Sabarimala during temple closure to measure doors and collect further samples for quantifying gold misappropriated – State Police Chief directed to ensure full manpower and logistical support to SIT without delay [Paras 15–16].

Decision / Directions: Court recorded satisfaction with progress of investigation – Directed continuation of comprehensive, phased investigation with utmost diligence – Matter posted on 09.02.2026 for further status report.

Criminal Law – Murder – Conviction under Section 302/34 IPC – Appeal against life sentence – Victim sustained bullet injuries inside his house on the eve of Panchayat elections – Trial Court convicted appellants on the basis of eyewitness testimony and oral dying declaration – High Court reappreciated entire evidence – Held: Conviction justified and appeal dismissed [Paras 1–5, 79–80].

Evidence Act – Res Gestae – Sections 6 and 7 – Victim’s spontaneous utterance naming appellants immediately after being shot – Statements heard by wife (PW 14) and daughter-in-law (PW 15) – Such utterances formed part of the same transaction and surrounding circumstances – Admissible despite being hearsay in nature [Paras 41–44, 47–49].

Dying Declaration – Oral dying declaration – Section 32, Evidence Act – Victim naming appellants as assailants immediately after first bullet injury and repeatedly thereafter to family members, police personnel and companions en route to hospital – Victim conscious though in pain – Oral dying declaration held admissible and reliable – No requirement of written form or Magistrate recording for admissibility [Paras 49, 55–65].

Witness Testimony – Related witnesses – Wife and daughter-in-law as eyewitnesses – Natural presence at place of occurrence – No motive to falsely implicate appellants – Minor inconsistencies and subsequent allegations of police coercion not sufficient to discard substantive testimony before Court – Court entitled to separate truth from embellishment [Paras 56–57, 71–73].

Medical Evidence – Corroboration – Post-mortem findings of bullet injuries and secondary injuries consistent with collision after being shot – Medical opinion corroborated ocular testimony regarding manner of assault – Absence of X-ray and recovery of bullet not fatal to prosecution case [Paras 14–18, 67–68].

Investigation – Lapses and irregularities – Delay in recording statements under Section 164 CrPC – Non-production of written dying declaration allegedly recorded by police – Deficiencies in sketch map and forensic collection – Held: Serious lapses noted but cannot outweigh cogent and credible eyewitness and dying declaration evidence [Paras 66, 74–76].

Identification of Accused – Visibility and presence at scene – Argument of insufficient lighting rejected – Assailants firing through grill gate necessarily implies mutual visibility – Victim’s immediate recognition of appellants, known to him earlier, found natural and credible [Paras 50–53, 68–69].

Criminal Procedure – Section 313 CrPC – Failure of appellants to take plea of alibi – Denial of presence without explanation – Adverse inference drawn in light of prosecution evidence establishing presence at place of occurrence [Para 78].

Sentence – Fine and compensation – Life imprisonment and fines upheld – Modification directing distribution of fine amount equally between wife and daughter-in-law of deceased – Direction to State to pay compensation of ₹5 lakhs in default of payment of fine by appellants [Paras 80–85].

Decision: Criminal Appeal dismissed – Conviction and sentence under Sections 302/34 IPC, Section 448 IPC and Section 27 Arms Act upheld – Directions regarding surrender, payment of fine and compensation affirmed with modification.

Income Tax – Reassessment – Second Reopening – Change of Opinion – Invalidity – Assessment for AY 2009–10 earlier reopened and completed under Sections 147/143(3) – Specific issue of interest-free loan received by assessee from closely held company examined – No addition made – Subsequent notice under Section 148 issued for same AY on same foundational facts – Held: Reopening based on mere change of opinion impermissible – Proceedings without jurisdiction [Paras 23–35].

Reassessment – Scope of Sections 147/148 – Abuse of Power – Once reassessment undertaken and concluded after conscious application of mind, Revenue cannot reopen assessment again for same transaction on different legal interpretation – Power of reassessment is an exception and cannot be exercised casually or repeatedly – Second reopening amounts to harassment and uncertainty in tax administration [Paras 31–33, 45].

Interest-Free Loan – Deemed Income – Sections 2(22)(e) and 2(24)(iv) – During first reassessment, AO examined interest-free loan under Section 2(22)(e) and dropped proposed addition – Subsequent attempt to tax notional interest as income under Section 2(24)(iv) based on same facts impermissible – Both provisions held to be “two sides of the same coin” – AO ought to have examined all possible legal consequences in first reassessment itself [Paras 34–35].

Failure to Disclose Material Facts – Extended Limitation – Section 149 – Revenue invoked extended limitation alleging failure to disclose fully and truly material facts – Held: Assessee disclosed primary facts including audited balance sheet, books of accounts and loan transactions – No obligation to disclose secondary facts or inferences – Invocation of extended period held baseless and contrary to law [Paras 36–41].

Primary vs Secondary Facts – Duty of Assessee – Assessee required only to disclose primary facts necessary for assessment – Drawing of inferences and legal conclusions is duty of Assessing Officer – Reopening cannot be justified on ground that AO failed to draw correct inference earlier [Paras 41–42].

Judicial Review – Maintainability of Writ Against Section 148 Notice – Despite availability of alternative remedy, High Court can exercise jurisdiction under Article 226 where proceedings are ex facie without jurisdiction, arbitrary and violative of fundamental rights – Particularly justified where proceedings stayed for years and relate to stale assessment year [Paras 21–22, 43].

Constitutional Law – Arbitrary Reassessment – Violation of Fundamental Rights – Repeated reopening for same issue held violative of Articles 14, 19(1)(g) and 300A of Constitution – Tax administration must adhere to certainty, fairness and rule of law [Paras 45–46].

Costs – Arbitrary Exercise of Power – Court deprecated conduct of Revenue in initiating second reassessment without jurisdiction – Token costs imposed to compensate petitioners and mark disapproval of arbitrary action [Para 47].

Decision – Writ petitions allowed – Notices dated 31.03.2016 under Section 148 and all consequential proceedings quashed – Costs of ₹1,00,000/- per case awarded to each petitioner – Pending applications disposed of [Paras 46–48].

Motor Accident Claim – Rash and Negligent Driving – Determination of Liability – Deceased travelling as passenger in TATA Indigo car which collided with Swaraj Mazda goods vehicle that suddenly entered National Highway – Tribunal held accident occurred due to rash and negligent driving of Swaraj Mazda vehicle – FIR naming car driver as tortfeasor not relied upon as complainant disowned contents and no police witness examined – Finding of sole negligence on goods vehicle upheld [Paras 5–10].

Evidence – FIR – Evidentiary Value – FIR not substantive evidence – Complainant (PW-4) stated that he merely signed where police instructed – In absence of examination of police officials by insurer, Tribunal justified in discarding FIR contents – High Court affirmed approach [Paras 6, 8].

Contributory Negligence – Plea Rejected – Specific issue framed on rash and negligent driving of TATA Indigo vehicle – Tribunal held no negligence on part of car driver – High Court found no perversity in factual findings [Paras 9–10].

Compensation – Assessment of Income – Deceased aged 25 years, employed as software professional – Salary claimed at Rs.34,102/- per month – Tribunal restricted monthly income to Rs.17,000/- considering company was newly formed – Deduction of 50% towards personal expenses and addition of 40% towards future prospects upheld [Paras 7, 11].

Multiplier – Correct Application – Multiplier of 18 applied having regard to age of deceased – Compensation under conventional heads including loss of estate, funeral expenses and love and affection held to be just and reasonable [Paras 7, 11–12].

Appeal under Section 173 MV Act – Scope of Interference – High Court held that findings on negligence and quantum were well-reasoned and based on evidence – No ground made out for interference – Appeal dismissed [Paras 12–13].

Decision: Civil Miscellaneous Appeal dismissed – Award dated 29.06.2020 confirmed – Connected miscellaneous petition closed – No costs.

Accident Claim - Motor Vehicles Act – Insurer’s Liability – Absence of Fitness Certificate – Accident occurred after expiry of fitness certificate of offending pickup vehicle – Insurance policy contained no condition regarding fitness certificate – Evidence of insurer’s witness admitted absence of such condition – Held: Mere absence or expiry of fitness certificate does not constitute breach of policy conditions under Section 149 MV Act so as to absolve insurer of liability – Insurer liable to satisfy award [Paras 14–17].

Insurance Policy – Breach of Conditions – Burden of Proof – Insurer failed to establish specific policy condition regarding fitness certificate – Reliance on judgments of other High Courts rejected in view of binding coordinate Bench decisions – Held: In absence of explicit policy condition, insurer cannot avoid liability [Paras 14–17].

Composite Negligence and Contributory Negligence – Head-on Collision – Tribunal held drivers of both vehicles negligent – In claim of driver of Innova car, contributory negligence assessed at 60% – High Court reappreciated evidence including spot map and oral evidence – Held: Contributory negligence of deceased driver Deepak reduced to 50% as no evidence showed greater negligence on his part [Paras 19–21].

Spot Map – Evidentiary Value – Spot map showing position of vehicles and point of impact relied upon along with other evidence – Distinguished from cases where negligence inferred solely from resting position of vehicles – Held: Spot map can be considered when it depicts actual point of accident and is supported by evidence [Paras 19–21].

Compensation – Assessment of Income – Minimum Wages – Where documentary proof of income not duly proved, minimum wages applicable – Deceased Deepak treated as skilled labour – Multiplier applied as per age – Compensation recalculated accordingly [Paras 22].

Loss of Consortium – Parents Entitled – Parents of deceased victims entitled to filial consortium – ₹40,000/- awarded to each parent in terms of settled law – Tribunal’s omission corrected [Paras 22, 24, 25, 28].

Income Tax Return – Evidentiary Value – Income tax return of deceased Akash filed prior to death accepted as reliable evidence of income – Tribunal erred in discarding return – Held: Income shown in pre-accident return to be taken for computation of compensation [Paras 23–24].

Bachelor Deceased – Deduction for Personal Expenses – In case of bachelor deceased Rajesh, 50% deduction for personal expenses appropriate – Further deduction on ground that mother also received compensation in another claim held impermissible – Tribunal misapplied Sarla Verma principle – Full dependency compensation allowed [Para 25].

Injured Claimants – Quantum of Compensation – Where no evidence of grievous injury or permanent disability produced, Tribunal’s award confined mainly to medical expenses upheld – No enhancement warranted for injured Santosh and Manish [Paras 26–27].

Students and Future Prospects – Notional Income – Deceased engineering student Hemant’s income assessed on basis of claimants’ own pleading – Treated as semi-skilled/skilled appropriately – Consortium awarded to parents – Compensation enhanced marginally [Para 28].

Interest on Enhanced Compensation – Enhanced compensation to carry interest @ 6% per annum from date of claim petition till realization – Insurer directed to pay entire amount [Para 29].

Decision – Appeals filed by insurance company dismissed – Claimants’ appeals partly allowed with enhancement in specified cases – Common award modified accordingly – Insurer held liable to satisfy enhanced awards [Para 30].

Family Pension – Recovery of Excess Payment – Bank Error – Widow Pensioner – Demand Notice Challenged – Excess family pension paid for more than a decade due to mistake of pension disbursing bank – No misrepresentation, fraud or concealment by petitioner – Recovery sought from widow solely dependent on family pension – Held: Recovery impermissible as being harsh, inequitable and arbitrary – Demand notice set aside to extent of outstanding recovery [Paras 1–3, 18–23].

Pension Law – Recovery of Excess Amount – Principles of Equity – Applicability of Rafiq Masih – Recovery from retired employee/family pensioner after long period – Excess payment continued for over 10 years – Court held recovery would cause grave hardship outweighing employer’s right to recover [Paras 12–14, 20–21].

Undertaking for Recovery – Effect – Consent on Dotted Lines – Exploitation – Undertaking furnished by widow authorising recovery from pension – Such undertaking obtained as a matter of routine held insufficient to justify recovery – Reliance placed on Division Bench judgment holding such undertakings exploitative and unenforceable in equity [Paras 22–23].

Pension Payment Order (PPO) – Binding Nature – Correction of Pension – While recovery barred on equitable grounds, petitioner held entitled only to family pension strictly as per PPO prospectively – No right to continue receiving excess pension [Paras 18, 23].

Employer–Employee Relationship – Bank as Disbursing Authority – SBI merely a pension disbursing agent – Excess payment due to clerical error of bank – Recovery from vulnerable pensioner deprecated despite absence of misrepresentation [Paras 21–22].

Decision: Writ petition allowed – Impugned demand notice quashed to extent of remaining recovery – Adjustments already made not interfered with – Family pension payable strictly as per PPO henceforth.

Service Law – Promotion – Vigilance Case – Select List – Exclusion – Government servant included in select list for promotion as Commercial Tax Officer – Subsequently suspended and subjected to vigilance enquiry – FIR registered by Vigilance and Anti-Corruption Bureau after preliminary enquiry – Held: Registration of FIR in vigilance case after preliminary enquiry disentitles officer from inclusion in select list for promotion [Paras 14–19].

Kerala State and Subordinate Service Rules – Rule 28(b)(i)(7) Note (i) – Interpretation – Officers against whom vigilance proceedings are initiated after prima facie establishment of charges in preliminary enquiry shall not be included in select list – Distinction between ordinary criminal cases and vigilance cases reiterated – Tribunal erred in overlooking statutory mandate [Paras 16–19].

Vigilance Case – Prosecution Sanction – Relevance – Sanction for prosecution and filing of final report are not decisive for determining eligibility for promotion – Once FIR is registered pursuant to preliminary enquiry with Government approval, officer becomes ineligible for inclusion in select list – Tribunal’s reliance on date of filing final report held misconceived [Paras 6–7, 19].

Departmental Promotion Committee – Sealed Cover Procedure – In cases of pending vigilance proceedings, DPC is bound to assess suitability and adopt sealed cover procedure – Failure to follow sealed cover procedure contrary to law laid down in K.V. Jankiraman and Babu Prasad [Paras 20–22].

Declaration of Probation – Pendency of Vigilance Case – Officer promoted during pendency of vigilance case not entitled to declaration of probation till conclusion of proceedings – Tribunal erred in directing consideration of probation ignoring pending vigilance case [Paras 22–23].

Article 227 – Scope of Interference – Though supervisory jurisdiction is limited, interference justified where Tribunal’s order is contrary to statutory rules and binding precedent – Impugned order found legally unsustainable and liable to be set aside [Paras 8–13, 23].

Decision – Original Petition allowed – Order dated 26.09.2022 of Kerala Administrative Tribunal in O.A. No.1919 of 2019 set aside – Original Application dismissed – Tribunal’s directions for retrospective promotion and declaration of probation quashed [Paras 23–24].