Revenue Recovery – Challenge to Auction Sale – Delay – Writ Not Maintainable – Appellant failed to invoke statutory remedies under Sections 37-A and 38 of the Tamil Nadu Revenue Recovery Act, 1864 within 30 days – Auction held on 29.07.2005 and confirmed on 23.07.2008 – Payments made during writ proceedings cannot substitute compliance with statutory procedure – Interim stay on confirmation of sale did not suspend statutory obligations – No material irregularity or fraud proved in sale process – Challenge dismissed as barred by limitation [Paras 3, 14–16, 18, 22, 25].

Revenue Recovery – Auction Sale – Statutory Bar – Writ Petition Not Maintainable – Appellant challenged auction of ancestral property under the Tamil Nadu Revenue Recovery Act without filing an application under Sections 37-A or 38 to set aside the sale – Auction held on 29.07.2005, confirmed on 23.07.2008 – Challenge made after 4 years without invoking statutory remedies – Held: Writ petition and review rightly dismissed by High Court as belated and not maintainable [Paras 3, 15, 22].

Limitation – Revenue Recovery Act – Sections 37-A and 38 – Strict Compliance Required – Appellant argued that pending writ proceedings and interim stay on confirmation of sale obviated the need to file an application under the Act – Rejected – Court held that interim orders do not suspend statutory limitation – 30-day limit to challenge auction must be strictly followed – Payments made during pendency of writ proceedings not a substitute for filing under Section 37-A [Paras 14–16, 18].

Civil Procedure vs. Revenue Recovery – Mode of Execution – Appellant’s contention that 1987 ex-parte decree should have been enforced under Civil Procedure Code and not through Revenue Recovery rejected – Held: Once arrears certified under Revenue Recovery Act, proceedings under that Act valid – Recovery not barred by limitation under Article 112 of Limitation Act [Paras 8, 19].

Rights of Auction Purchaser – Confirmation of Sale – Citing Valji Khimji v. Official Liquidator, Supreme Court reiterated that once a sale is confirmed, rights of auction-purchaser become final and cannot be disturbed except for fraud or material irregularity – No such irregularity shown – Sale certificate issued, property registered and transferred to bona fide purchasers – Challenge held to be infructuous [Paras 20–21].

Judicial Review – Scope of Review Petition – Review petition dismissed as no error apparent on record shown – Writ petition, appeal and review all adjudicated on merits – Findings of High Court found to be reasoned, consistent with law and not perverse – Review cannot be treated as appeal in disguise [Paras 23–24].

Decision: Appeal dismissed – Auction sale and its confirmation upheld – High Court’s orders in writ appeal and review application affirmed – No interference warranted [Paras 25–26].

Matrimonial Law – Divorce on Ground of Cruelty – Remand – Respondent-husband’s divorce petition was initially dismissed by the trial court – High Court reversed the finding and granted divorce on ground of cruelty based solely on oral testimony of the husband – Supreme Court found that the High Court failed to consider key questions including whether the appellant-wife was thrown out or voluntarily left matrimonial home, and whether earlier withdrawal of cruelty petition barred second on same cause – Held: Matter remitted to High Court for fresh consideration in accordance with law [Paras 2-4, 6-7]

Family Law – Mental Cruelty – Evaluation of Evidence – Supreme Court emphasized that before granting divorce on ground of irretrievable breakdown or cruelty, the Court must undertake a comprehensive analysis of conduct, social background, and responsibility for separation – High Court failed to conduct such exercise – Remand ordered [Paras 4-6]

Irretrievable Breakdown of Marriage – Judicial Approach – Court cautioned against using irretrievable breakdown as a blanket ground for divorce without attributing responsibility for breakdown – Importance of examining which party caused the separation and consequences on the child stressed – Held: Determination must be rooted in evidence and fairness [Paras 5-6]

Decision: Appeal allowed in part – Judgment of High Court set aside – Matter remanded for fresh adjudication by High Court – Parties directed to appear before High Court on 24.11.2025 [Paras 7-8]

Criminal Law – Murder – Circumstantial Evidence – Hostile Eyewitness – Recovery under Section 27 Evidence Act – Recovery from accessible place and broken chain of custody – Motive unproved – FSL correlation insufficient – Acquittal restored – Conviction set aside [Paras 13, 16, 17, 21–24].

Criminal Trial – Hostile Eyewitness – Evidentiary Value – FIR naming “unknown persons” – Subsequent naming of accused in supplementary statement – Eyewitness (PW-1) and first responder (PW-5) turned hostile and denied presence of accused – No identification parade conducted – Held: Prosecution failed to establish presence or identity of accused at the scene of crime – Hostile testimony destroys substratum of prosecution case [Paras 12–13].

Evidence Act, 1872 – Section 27 – Scope of “distinctly relates to the fact discovered” – Disclosure statement must clearly relate to weapon used in the crime – Accused’s disclosure did not state that recovered pistol was the same used in murder – Observed: Recovery statement did not satisfy statutory test of “distinctly” connecting weapon to offence – Cannot be relied upon to sustain conviction [Paras 14–15].

Recovery – Arms Act – Weapon seized from unlocked iron box in room accessible to family members – No independent witness to recovery – Memo shows box was open; articles not exclusively within control of accused – Held: Recovery from accessible location weakens probative value; cannot singularly constitute incriminating circumstance – Chain of custody from Malkhana to FSL not proved – Gap of 19 days unexplained – Seal T2 insufficient to establish identity of recovered article [Paras 16–17, 23].

Circumstantial Evidence – FSL Report – Bullets found in body matched cartridges said to be recoverable by seized pistol – But prosecution failed to establish unbroken chain connecting recovery, storage, and deposit – Identification of weapon not satisfactorily proved – FSL match alone cannot establish guilt when link evidence is broken – Held: FSL report cannot substitute foundational proof [Paras 16, 23].

Motive – Co-accused (family members) discharged or acquitted – No independent evidence showing motive against appellant except alleged friendship with acquitted co-accused – Alleged quid pro quo speculative and unproven – Held: Motive wholly unestablished; cannot support conviction in absence of other evidence [Paras 14, 22].

Criminal Jurisprudence – Standard of Proof – Recovery doubtful; eyewitnesses hostile; motive unproved; no last-seen evidence – Chain of circumstances incomplete – Held: Prosecution failed to prove guilt beyond reasonable doubt – Trial Court and High Court erred in convicting appellant solely on recovery-based theory supported by FSL report – Acquittal directed [Paras 22–25].

NDPS Act – Bail – Commercial Quantity – Section 37 – High Court granted bail without addressing incriminating circumstances, prior linked seizure, or recording mandatory satisfaction under Section 37(1)(b) – Held: Orders unsustainable – Remanded for fresh consideration; interim bail to continue till reconsideration [Paras 15–22].

Bail – NDPS Act – Commercial Quantity – Mandatory Twin Conditions – Improper Application by High Court - High Court granted bail reasoning that there was no material showing respondent’s knowledge of cocaine in imported pears consignment, absence of antecedents, and prolonged custody – Held: High Court failed to apply mandatory twin conditions of Section 37(1)(b)(i) & (ii) and did not record satisfaction that accused was not guilty or unlikely to commit offence while on bail [Paras 14–19].

NDPS – Conscious Possession – Statements and Circumstances Ignored by High Court - High Court did not consider prosecution’s assertions: respondent placed import orders, controlled logistics chain, coordinated with overseas supplier, and was present during opening of container – Statements under Section 67 NDPS Act and surrounding circumstances prima facie relevant to conscious possession and presumption under Section 35 NDPS Act – High Court erred in ignoring these materials [Paras 15–16].

NDPS – Antecedent Seizure of 198.1 kg Methamphetamine and 9.035 kg Cocaine – Non-consideration - Prosecution relied on earlier seizure (02.10.2022) allegedly linked to same network and involving respondent – This material was not noticed or evaluated in impugned bail orders – Such omission directly affects statutory satisfaction under Section 37 – Order unsustainable [Paras 16–19].

Bail – Long Custody & Delay – Not Alone Sufficient to Override Section 37 - High Court relied on prolonged custody and anticipated delay – Held: these factors, while relevant, cannot override statutory bar under Section 37 unless Court first records mandatory satisfaction regarding innocence and non-likelihood of reoffending – High Court exceeded discretion [Paras 14, 17–18].

Judicial Review of Bail Orders – Commercial Quantity Cases Require Elevated Scrutiny - Supreme Court reiterates that in NDPS commercial quantity cases, ordinary CrPC bail parameters are supplemented by stringent statutory embargo – High Court must engage with all material on record and prosecution's assertions before granting bail [Paras 18–20].

Remand – Fresh Consideration Directed – Interim Bail to Continue - Supreme Court refrains from making factual findings at threshold; sets aside bail orders dated 22.01.2025 & 12.03.2025 – Matter remitted to High Court to reconsider bail afresh keeping Section 37 and all factual materials in view – Interim bail to continue but violation will permit cancellation [Paras 20–22].

Decision: Orders set aside – Matter remanded – Interim bail continued - Appeals disposed of – Bail orders quashed – High Court to decide afresh within four weeks; no opinion expressed on merits [Paras 21–23].

Service Law – Departmental Proceedings – Misappropriation – Judicial Review – Gramin Dak Sevak/Branch Postmaster found to have misappropriated public funds; admitted guilt and later deposited amounts – Inquiry conducted with full opportunity; no procedural violation – High Court set aside removal by reappreciating evidence and accepting new plea of coercion – Held: High Court exceeded judicial review jurisdiction; disciplinary authority’s penalty of removal restored – Appeal allowed [Paras 3, 7–12].

Service Law – Departmental Misconduct – Misappropriation of Public Funds – GDS/Branch Postmaster - Irregularities found during inspection (16.06.2011) revealed misappropriation of recurring deposit instalments and insurance premium despite entries stamped in passbooks; corresponding entries missing in official account books – Chargesheet issued (17.12.2013) – Inquiry Officer found charges proved – Respondent admitted embezzlement and deposited amounts; sought forgiveness – Held: Evidence clearly established embezzlement; deposit of misappropriated amount does not absolve misconduct [Paras 2, 5–10].

Judicial Review – Scope under Article 226 – Reappreciation of Evidence Impermissible - High Court examined merits, revisited admissions, and accepted plea of coercion not raised during inquiry – Supreme Court held that judicial review is confined to examining legality of procedure, not merits or sufficiency of evidence – High Court erred in interfering with concurrent findings of Disciplinary Authority, Appellate Authority and Tribunal [Paras 3–4, 11].

Departmental Inquiry – Admission of Guilt – Later Retraction – Effect - Respondent’s statement dated 28.04.2012 admitted spending deposited amounts for household purposes – Retraction on allegation of Inspector’s pressure raised belatedly and rejected – Held: Explanation an afterthought; inquiry and opportunity proper; no defect found in procedure [Paras 7–9, 11].

Banking/Post Office – Fiduciary Relationship – Public Confidence - Court emphasised that banking/postal transactions rely on trust – Passbook entry satisfies depositor; depositor has no means to check official account books – Misappropriation discovered only incidentally; cannot be trivialised as “mistake” or “ignorance” by employee with 12 years of service – Ignorance of rules not acceptable [Para 11].

Punishment – Removal from Service – Proportionality - Considering gravity of involving financial integrity and public trust, punishment of removal held justified – High Court erred in substituting its view on proportionality without finding procedural infirmity – Penalty restored [Paras 10–12].

Decision: Appeal allowed – High Court judgment set aside – Punishment of removal from service upheld [Para 12].

Consumer Protection Act – Definition of Consumer – Commercial Purpose – Corporate purchase of business automation software held directly connected to profit-generation – Not covered by self-employment exception – Held: Appellant-company is not a “consumer” under Section 2(1)(d); complaint not maintainable; appeal dismissed [Paras 15–18, 21–28].

Consumer Law – Commercial Purpose – Dominant Purpose Test – Purchase of Software for Business Automation - Purchase of “Brillio Opti Suite” software by appellant-company engaged in import/export operations had direct nexus with business documentation, tracking shipments, managing export benefits, and improving operational efficiency – Dominant object being profit augmentation—Held: transaction is for a commercial purpose; appellant not a consumer under Section 2(1)(d) of the 1986 Act [Paras 4, 10, 17, 22, 27].

Definition of Consumer – Companies Included but Excluded When Goods/Services Used for Commercial Purpose - Court reaffirms that companies fall within “person” under Section 2(1)(m); however, exclusion clause bars persons availing goods/services for commercial purpose – Corporate use of business-automation software falls squarely within exclusion [Paras 13–14].

Self-Employment Exception – Explanation to Section 2(1)(d) – Inapplicable to Corporations - Exception applies only when goods/services are used exclusively to earn livelihood by means of self-employment – Distinction drawn between individuals earning livelihood and corporations maximising profits – Held: corporate purchaser cannot invoke the exception; software was procured for business expansion and efficiency [Paras 18, 22].

Lilavati Kirtilal Mehta Principles – Dominant Purpose – Nexus with Profit – Applicability - Court applies broad principles: identity of purchaser or value of transaction irrelevant; what matters is dominant purpose – If purchase is linked to profit-generation, it is commercial – Automation of business processes is aimed at reducing costs and increasing profits; hence commercial [Paras 15–16].

Reliance on Sunil Kohli and Paramount Digital – Distinguished - Those decisions involved unemployed individuals purchasing goods for livelihood – Present case involves a well-established corporation already engaged in commercial activity – Therefore, precedents on self-employment do not assist the appellant [Paras 19–21].

Business-to-Business Transactions – Software Licence – Not a Consumer Dispute - Consumer Protection Act primarily addresses business-to-consumer relationships; business-to-business purchases used for profit are excluded from consumer jurisdiction – Software licence here was a B2B commercial tool [Para 10].

Harsolia Motors Clarified – Goods/services with direct nexus to profit-generation constitute commercial purpose; only purchases unrelated to profit (e.g., office AC, refrigerator) fall outside commercial purpose; present purchase directly tied to business operations and profitability [Paras 24–26].

Decision: Appeal dismissed – Appellant not a Consumer - Held: Software purchased for automating business processes and maximising profits constitutes commercial purpose – State Commission and NCDRC right in dismissing complaint as not maintainable – Appeal dismissed; no order as to costs [Paras 28–30].

Environment & Wildlife Protection – Saranda Forest – Mandamus directing Jharkhand to notify 31,468.25 ha (minus six mining-zone compartments) as Wildlife Sanctuary – State’s shifting stands deprecated – FRA rights fully protected – Mining prohibited within 1 km of boundary – Ancillary SAIL infrastructure unaffected [Paras 45–47, 72, 83–101, 102–105].

Wildlife Sanctuary – Mandatory statutory duty – Sections 18 & 26A WPA – State repeatedly admitted 31,468.25 ha (126 compartments) had no mining and high ecological significance – Held: area satisfies S.26A(1)(b) and must be notified as Wildlife Sanctuary – Reduction to 24,941.64 ha unjustified [Paras 12, 45–47, 60–67, 72].

State Conduct – Contradictory affidavits – Prima facie contempt – State shifted between 31,468.25 ha, 57,519.41 ha and 24,941.64 ha; constituted committee citing mining interests; Court held State attempted to mislead – Chief Secretary summoned [Paras 13, 17–20, 23–31].

Expert Evidence – WII Report (2025) – Saranda is critical elephant corridor and biodiversity hotspot; 70% intact forest; vital for Simlipal connectivity – Strong scientific basis for full sanctuary declaration [Paras 61–67].

Mining Impact – Shah Commission Report & MPSM – Mining causes hydrological damage, biodiversity loss, stream drying; critical conservation compartments identified as no-mining zones – State wrongly excluded even these from proposed sanctuary [Paras 74–82, 83–85].

Tribal Rights – FRA 2006 – Apprehensions of displacement unfounded – Sections 3 & 4 FRA and Section 24(2)(c) WPA protect individual/community habitation, cultivation, MFP, grazing and public infrastructure – State criticised for invoking tribal rights without educating communities [Paras 42, 46–48, 86–97].

Constitutional Mandate – Articles 48A & 51A(g) – State obliged to protect forests and wildlife; National Forest Policy 1988 and National Wildlife Action Plan 2017–31 recognised as having statutory flavour – Protected area expansion required [Paras 68–72].

Mining Restrictions – Court reiterates prohibition on mining inside sanctuaries and within one kilometre from boundaries – Direction of 26.04.2023 applied pan-India [Para 102(ii)].

Ancillary Mining Infrastructure – SAIL – Dams, reservoirs, railway lines fall under permissible rights under FRA/WPA – Activities unaffected by sanctuary declaration – IA disposed [Paras 104–105].

Mandamus – State directed to notify entire 1968 Game Sanctuary area (31,468.25 ha) excluding six compartments (KP-2, KP-10, KP-11, KP-12, KP-13, KP-14) as Wildlife Sanctuary within three months – State free to propose additional areas later [Paras 101–102(i)].

Publicity Direction – State to widely publicise that FRA rights (individual and community) remain intact and no displacement will occur [Para 102(iii)].

Decision – IAs disposed – Mandamus issued – Mining restrictions reaffirmed – SAIL IA disposed.

– Aggravated sexual assault on 4-year-old – Conviction under Section 9(m) read with Section 10 POCSO based on cogent testimony of mother and surrounding circumstances upheld despite absence of external injuries and failure of traumatized child to depose – Maximum sentence of 7 years RI reduced to 6 years RI considering period already undergone and overall circumstances – Appeal partly allowed [Paras 2-3.2, 4-5.6, 7-9].

POCSO – Aggravated Sexual Assault – Conviction – Evidence of Mother – Four-year-old Victim – FIR and Medical Evidence – Concurrent Findings – Appellant convicted by Special Judge (POCSO) under Sections 9(m) and 10 POCSO and sentenced to 7 years RI and fine – High Court confirmed conviction and sentence – Prosecution case that appellant, a neighbour, returned with victim’s father from forest after collecting wood, consumed liquor at their house, and later was found by victim’s mother (PW-3) wearing only half shorts and sitting near the legs of the sleeping 4-year-old victim whose underwear was down to knees and frock pulled up to chest – Child was crying, complained of pain in private part and her private part was found wet – FIR registered the same day, victim sent for medical examination, statement under Section 164 CrPC recorded, chargesheet filed and date of birth established as 13-02-2017 (age 4–5 years) – Held: narrative of PW-3 and consistent account of father (PW-2) form a clear and reliable account of the incident; no reason to disbelieve the mother’s testimony – Concurrent findings of Trial Court and High Court on guilt under Section 9(m) read with Section 10 POCSO sustained [Paras 2-3.2, 5-5.1, 6-7].

Evidence Law – Ocular vs Medical Evidence – Absence of External Injury – Redness in Vagina – Effect on Prosecution Case – Defence contention that absence of external injury or bleeding on victim’s private part and possibility of redness due to rubbing or infection entitled appellant to benefit of doubt – Medical Officer (PW-6) found no external injuries and no bleeding but noticed redness in the vagina – Another Medical Officer (PW-8) opined that appellant was capable of sexual intercourse – Court reiterates that where ocular evidence is consistent and cogent, medical evidence, even if not fully corroborative, takes a backseat – In present case, medical evidence (redness in vagina) does not negate, and in fact is consistent with, the prosecution version – Held: submissions based on alleged deficiency in medical evidence rejected; conviction can rest on trustworthy ocular testimony of PW-3 supported by surrounding circumstances [Paras 4, 5.2, 7].

Child Witness – Four-year-old Victim – Inability to Depose due to Trauma and Fear – Conduct in Court as Corroborative Circumstance – Victim (PW-1), aged about 4 years and studying at Anganwadi, was produced as a witness – On being shown the accused, who removed his mask in court, the child became frightened, refused to look at him, and did not answer questions – Evidence had to be stopped, victim sent out, and even after intervals and presence of mother, she only cried and did not speak – Trial court therefore closed her examination with no cross-examination – Held: sequence of events in the courtroom demonstrates that the child was in a frightened and traumatized state upon seeing the accused – Her behaviour is a “tale-telling” circumstance reflecting the continuing shock of the incident and operates as a pointer towards truth of the prosecution case – Failure of such a young victim to give verbal testimony in court is not fatal to prosecution when there is otherwise cogent evidence [Paras 5.3-5.6].

POCSO – Sections 7, 8, 9(m), 10 – Aggravated Sexual Assault – Penetration Not Sine Qua Non – Child Below 12 Years – Section 7 POCSO defines sexual assault, Section 8 prescribes punishment, Section 9 defines aggravated sexual assault and Section 10 provides punishment, including for assault on child below 12 years [Section 9(m)] – Appellant convicted under Section 9(m) read with Section 10 for sexually assaulting a 4-year-old child – Argument for appellant that absence of allegation or proof of penetration should result in acquittal, as offence under POCSO not made out – Court not impressed; given the evidence of victim’s undressed state, appellant’s position near her legs, complaint of pain and wetness in private part, and age of victim, ingredients of aggravated sexual assault under Section 9(m) are satisfied – Held: for Section 9(m) read with Section 10, penetration is not indispensable; proved acts of sexual assault on child below 12 years suffice to sustain conviction [Paras 6-8].

Criminal Law – Appreciation of Evidence in Sexual Offences Against Children – Role of Parental Testimony – Both parents (PW-2 and PW-3) were consistent in deposing about accused accompanying father to forest, returning to house, consuming liquor, presence in house when child was sleeping, and discovery of accused by mother near the legs of the child with her clothes disarranged – Mother immediately raised alarm, father attempted to apprehend accused and assaulted him with stick as he fled – Court holds parental testimony, particularly that of mother witness to immediate post-occurrence circumstances, to be natural, prompt and trustworthy – No motive suggested for false implication of neighbour – Held: Trial Court and High Court’s appreciation of this evidence is “eminently legal and proper”, calling for no interference [Paras 5-5.2, 7].

Sentence – POCSO – Section 10 – Reduction from 7 Years RI (Maximum) to 6 Years RI – Factors Considered – For offence under Section 9(m) read with Section 10 POCSO, Trial Court imposed 7 years rigorous imprisonment (maximum under Section 10) and fine, which was affirmed by High Court – Supreme Court notes that appellant has already undergone about 4 years 5 months of imprisonment – While upholding conviction, Court considers “totality of facts and circumstances” and reduces sentence of rigorous imprisonment from 7 years to 6 years – Fine of Rs 6000 and default sentence of 1 year simple imprisonment maintained – High Court judgment modified to this limited extent – Appeal partly allowed [Paras 2.1, 9-11].

Insurance Law – Boiler & Pressure Plant Policy – Repudiation of Claim – Explosion in registered boiler occurred during currency of fitness certificate – Insurer failed to prove suppression or pre-existing defects – Exclusion Clause 5 not attracted where defects surface only after explosion – NCDRC order set aside; claim restored for determination of quantum [Paras 23, 30–33, 37–41, 43–44].

Insurance Claim – Repudiation – Explosion – The appellant alleged a boiler explosion; insurer did not traverse the specific plea of explosion; survey reports did not conclusively rule out explosion – Held: Explosion deemed established; claim could not be rejected on assumption of mere tube slippage [Paras 23, 30–32].

Contract of Insurance – Duty of Disclosure – No evidence that proposer concealed material facts; no enquiry sought by insurer on age/condition of tubes; boiler validly registered and certified for use under the Boilers Act – Held: No failure of utmost good faith; repudiation unsustainable [Paras 27, 29–36].

Exclusion Clause 5 – Interpretation – Clause excludes defects due to wear, corrosion, deterioration etc. unless such defects “result in explosion” – Where explosion is not denied and defects surface only after the event, exclusion clause cannot apply – Held: NCDRC erred in applying clause 5; clause to be construed to uphold main purpose of policy [Paras 22, 37–41].

Boiler Registration – Evidentiary Value – Boiler had a valid certificate under the Boilers Act; accident occurred during subsistence of certificate – Held: Heavy burden on insurer to displace presumption of fitness; insurer showed no proof of unfitness or fraud; post-accident corrosion findings irrelevant [Paras 25, 32–33, 39].

Surveyor’s Reports – Weightage – Surveyor’s report placed for first time before NCDRC, years after filing – Though expert opinion must be given due weight, belated production and ambivalence regarding explosion cannot defeat claim – No definite finding of pre-existing defects – State Commission justified in adverse inference [Paras 17, 30–32, 38].

Alternative Remedy – Maintainability under Article 136 – Insurer argued appeal not maintainable due to alternate remedy of writ – Held: No inherent bar; matter fully pleaded and ready; relegation would delay justice; Supreme Court may exercise jurisdiction [Para 42].

Relief – Order of NCDRC set aside – Appeals before NCDRC restored for consideration of quantum of compensation only – All other issues closed – Parties to bear own costs [Paras 43–45].