Criminal Proceedings – Quashing of Complaint – Section 482 CrPC – Scope of Judicial Review – The High Court quashed the criminal proceedings against Accused Nos. 1 and 2 under Section 498A IPC, holding that the allegations did not constitute cruelty as there was no demand for dowry – Held: The High Court erred in its interpretation by assuming that a dowry demand is a necessary element for cruelty under Section 498A IPC – The provision covers both wilful conduct causing mental or physical harm (clause a) and harassment related to unlawful demands (clause b), which are to be read disjunctively – The allegations of physical assault and mental harassment fall within the scope of "cruelty" under clause (a), even in the absence of a dowry demand [Paras 9, 13, 17].

Interpretation of Section 498A IPC – Distinction Between Clause (a) and Clause (b) – The High Court’s conclusion that the absence of a dowry demand negates cruelty under Section 498A IPC is legally flawed – The Explanation to Section 498A defines two distinct forms of cruelty: (a) wilful conduct likely to cause grave injury or mental harm, and (b) harassment related to unlawful demands – These two clauses operate independently and should be read disjunctively – The presence of a dowry demand is not a prerequisite for establishing cruelty under the provision [Paras 9, 15-16].

Physical Assault as Cruelty – Applicability of Section 498A IPC – The Appellant alleged repeated instances of physical abuse by her husband and mother-in-law – The High Court failed to provide adequate reasoning as to why these allegations did not amount to cruelty under clause (a) of Section 498A IPC – Held: Physical violence within a matrimonial relationship constitutes cruelty under Section 498A IPC, irrespective of any demand for dowry – The High Court’s decision to quash the proceedings was erroneous [Paras 15-17].

Judicial Precedents – Reliance on U. Suvetha v. State and Arvind Singh v. State of Bihar – The Supreme Court reaffirmed that cruelty under Section 498A IPC encompasses both physical and mental harassment, not limited to dowry-related demands – The legislative intent behind the provision is to protect women from all forms of cruelty within marriage – The High Court’s restrictive interpretation contradicts settled legal principles [Paras 12, 14].

Decision – Appeal Allowed – The High Court’s order quashing the criminal proceedings is set aside – Criminal Case No. 428 of 2018 under Section 498A IPC is reinstated, and the trial shall proceed as per law [Para 18].
 

Arbitrary Allotment of Government Land – Violation of Rules and Procedures – Allotment Quashed - The State allotted land to MRCHS, which did not fulfill the eligibility criteria, in violation of Rule 27 of the Maharashtra Land Revenue Rules and the Government Resolutions. The process lacked transparency, and favoritism was evident – Held: Allotment arbitrary and invalid; set aside [Paras 10, 12, 19].

Transparency in Land Allotment – Importance of Public Notification – Guidelines Ignored - The Maharashtra Government failed to notify the public about available plots or invite applications through a press note, as required by the GR. The allotment lacked justification for exercising discretionary powers – Held: Allotment in violation of public policy; invalidated [Paras 14, 15, 18].

Eligibility Criteria for Allotment – Non-Compliance by MRCHS – Membership Manipulated - MRCHS altered its membership multiple times to meet eligibility criteria. Despite such changes, it failed to satisfy the core purpose of the allotment (housing for Tata Memorial Hospital employees), making it ineligible – Held: Allotment canceled due to non-compliance [Paras 11, 16].

Quashing of Allotment Order – Procedural Flaws – Appeal Allowed - The High Court failed to address the procedural lapses and arbitrariness in the land allotment to MRCHS. The Supreme Court quashed the allotment and directed authorities to ensure transparency in future allotments – Held: Appeal allowed; MRCHS’s allotment canceled [Paras 18, 19].

Restoration of Appeal Under Order 23, Rule 3 CPC – Applicability of Statutory Remedies – Restoration Directed - The High Court's dismissal of the restoration application was based on the absence of specific liberty to restore in its prior order recording the compromise. The Supreme Court clarified that statutory remedies under the CPC are independent of judicial permission – Held: Restoration application must be decided on merits; appeal allowed, and the High Court’s order set aside [Paras 11, 16].

Fraud and Non-Compliance in Compromise Agreements – Validity of Compromise Decree – Recall Permissible - The appellant alleged fraud and failure to fulfill the terms of the compromise, rendering it voidable under the Indian Contract Act. The Court affirmed that such disputes could be raised under a recall application per Order 23, Rule 3 – Held: Compromise decrees can be challenged for legality even post-order; matter remanded to the High Court for fresh consideration [Paras 11, 12].

Public Policy and Legal Remedies – Statutory Rights Cannot Be Curtailed – Agreements Restricting Remedies Void - The Court emphasized that agreements restraining access to legal remedies are void under Section 28 of the Indian Contract Act. Provisions in the compromise deed recognizing the right to restoration aligned with this principle – Held: Statutory remedies ensure access to justice; appeal allowed with directions to consider application on merits [Para 16].

Error in High Court Reasoning – Misinterpretation of CPC Provisions – Order Set Aside - The High Court failed to consider the statutory framework governing compromise decrees and dismissed the restoration application on incorrect grounds. The Supreme Court directed the High Court to decide the matter on its merits – Held: Impugned order set aside and matter remanded [Para 16].

Arbitration Petition – Appointment of Arbitrator – Non-Arbitrable Disputes – Petition Dismissed – The respondent's petition for appointing an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, was challenged by the appellant – Held: Disputes related to non-payment of wages and wrongful termination fall within the exclusive jurisdiction of statutory authorities under the Payment of Wages Act, 1936, and the Industrial Disputes Act, 1947, and are therefore non-arbitrable – The petition under Section 11(6) was dismissed with costs [Paras 14-16, 21].

Arbitration Agreement – Invocation of Non-Disclosure Clause – Claim Rejected – The respondent sought damages under a non-disclosure obligation mentioned in the employment agreement, which was neither raised in earlier proceedings nor substantiated by evidence – Held: This claim was an afterthought and was not arbitrable, as it lacked factual basis and was unrelated to the statutory disputes at hand [Paras 9, 16-17].

Payment of Wages Act, 1936 – Exclusive Jurisdiction – The disputes involving non-payment of wages were already under adjudication before the statutory authorities under Section 15(2) of the PW Act, rendering them non-arbitrable – Held: Section 22 bars civil courts, and by extension, arbitral tribunals, from entertaining such matters [Paras 18-19].

Industrial Disputes Act, 1947 – Termination Dispute – Exclusive Jurisdiction – The appellant’s challenge to his termination was pending before the Industrial Tribunal under Section 2(A) of the Industrial Disputes Act, 1947 – Held: Jurisdiction for such disputes is exclusive to statutory authorities, precluding arbitration [Paras 20-21].

Abuse of Process – Arbitrator Appointment Petition – Found to Be Malicious – The Court found the respondent's arbitration petition to be an abuse of process aimed at coercing the appellant, who had legitimately approached statutory authorities – Costs of ₹5 lakhs imposed on the respondent for misuse of legal remedies [Para 23].

Decision – Appeal Allowed – The Supreme Court set aside the High Court's order appointing an arbitrator, holding the disputes non-arbitrable and imposing costs on the respondent [Para 23].

Motor Accident Claim - Loss of Earning Capacity Due to Disability – Assessment of Compensation – Enhanced - The appellant, a minor at the time of the accident, was determined to have a 75% mental disability rendering her reliant on others for life – The Supreme Court rejected the notional income approach applied by the lower courts, adopting the minimum wage for skilled workers and increasing the compensation to ₹13,18,000/- [Paras 31-32].

Pain and Suffering – Non-Pecuniary Damages – Enhanced Significantly - The court acknowledged the lifelong physical and mental trauma caused by the accident – Based on precedents (Kajal v. Jagdish Chand), the compensation under this head was increased to ₹15,00,000/- from ₹1,00,000/- awarded by the High Court, reflecting the severity of the appellant's condition [Paras 26-27].

Attendant Charges – Need for Full-Time Skilled Attendant – Increased - Contrary to the High Court's view, the Supreme Court recognized the necessity of a full-time skilled attendant for the appellant, enhancing the award to ₹9,42,000/- based on Delhi's minimum wages for skilled workers at the time of the accident [Paras 48-50].

Loss of Marriage Prospects – Increased for Non-Pecuniary Loss - Observing the impact of the appellant's disability on her ability to form marital and familial bonds, the court increased the compensation under this head from ₹1,00,000/- to ₹5,00,000/- [Paras 45-46].

Future Medical Treatment – Enhanced for Comprehensive Care - Taking into account ongoing medical needs, the court awarded ₹5,00,000/- for future medical treatment, addressing the risk of potential complications such as convulsions [Paras 51-52].

Decision: Appeal allowed; total compensation enhanced to ₹50,87,000/- along with interest at 9% per annum from the date of filing the claim petition [Paras 55-57].

Gift Deed – Nature of Gift – Validity of Gift Condition – Absolute Transfer Upheld – The oral gift of agricultural land in 1953 was challenged by the plaintiffs on the grounds that it was conditional upon the defendants rendering perpetual services to the donor and his heirs – Held: The gift was an absolute transfer of ownership, and the condition of rendering perpetual services violates Article 23 of the Constitution, as it amounts to forced labor – The condition is invalid, but the gift itself remains valid [Paras 16-17].

Limitation – Resumption of Land – Barred by Delay – Plaintiffs sought resumption of land gifted in 1953, alleging breach of conditions of service in 1998 – Held: The suit was filed after an inordinate delay of 45 years, during which the defendants enjoyed peaceful possession – Plaintiffs failed to provide any specific evidence of non-performance of services or demands for such services – Suit barred by limitation [Paras 6, 12-13].

Transfer of Property Act, 1882 – Applicability in Erstwhile Punjab – Principles of Equity Applied – While TPA was not applicable in Punjab in 1953, principles of equity, justice, and good conscience were applied – Held: Sections 126 and 127 of TPA were considered, but the alleged conditional clause for perpetual service is unconstitutional and cannot be enforced [Paras 8, 14-15].

Burden of Proof – Failure to Establish Breach of Gift Condition – Plaintiffs Failed to Discharge Burden – The plaintiffs failed to provide evidence of the specific nature of services agreed upon, any demand for services, or refusal of services by the defendants – Consequently, the breach of conditions was not established [Paras 10-11].

Historical Context – Land Transfers and Reforms in Post-Independence India – Impact on Interpretation of Gift – The Court considered the historical context of land reforms post-Independence, where gifts of land were often made by large landowners to comply with land ceiling laws – Held: The 1953 gift deed must be interpreted in light of this context as an absolute transfer of property, not contingent upon perpetual service [Paras 5, 15].

Constitutional Perspective – Perpetual Service as Forced Labour – Void Under Article 23 – The clause requiring the donees to render services indefinitely was held unconstitutional under Article 23 of the Constitution, which prohibits forced labour – The gift deed is valid without such a condition [Paras 16-17].

Decision – Appeal Dismissed – The Supreme Court upheld the High Court’s dismissal of the plaintiffs’ suit, affirming that the gift deed was an absolute transfer, the suit was barred by limitation, and the condition of perpetual service was unconstitutional [Para 18].

Matrimonial Law - Maintenance Pendente Lite – Section 24 HMA – Independence from Divorce Petition – Appellant argued that withdrawal of the divorce petition rendered Family Court functus officio to decide maintenance – Held: Section 24 proceedings are independent and survive withdrawal of the main case – Statutory provisions aim to ensure financial security of the dependent spouse despite procedural developments – High Court rightly upheld the Family Court’s jurisdiction [Paras 10-11].

Custody and Maintenance of Children – Section 26 HMA – Paramount Interest – High Court held that Section 26 proceedings addressing children's welfare are of paramount importance – These proceedings persist irrespective of withdrawal of the divorce petition, ensuring ongoing support for dependent children – Emphasized protection of children's rights to maintenance and education [Paras 11-12].

Maintenance – Misrepresentation by Spouse – Appellant’s Concealment of Wealth – Evidence revealed the appellant’s deliberate suppression of financial records, including undeclared investments and properties – Appellant failed to discharge moral and legal obligations towards wife and son – Held: Concealment tactics warrant enhanced maintenance to align with respondent’s needs and social status [Paras 13-15].

Irretrievable Breakdown of Marriage – Article 142 – Decree of Divorce Granted – Marriage subsisted nominally for over two decades with no cohabitation since 2004 – Serious allegations by both parties and failed reconciliation attempts established irretrievable breakdown – Exercising Article 142 powers, the Court dissolved the marriage and awarded a decree of divorce [Paras 27-28].

Permanent Alimony – Fair and Equitable Settlement – Quantum Determination – Considered the appellant’s substantial income (Rs. 10-12 lakhs per month) and assets, including investments exceeding Rs. 5 crores – Granted one-time settlement of Rs. 5 crores to the wife and Rs. 1 crore for the son’s education and financial security – Objective to ensure reasonable standard of living and protection of financial interests of dependent spouse and child [Paras 40-42].

Decision: Appeals disposed of. Marriage dissolved under Article 142 of the Constitution. Appellant directed to pay Rs. 5 crores to the respondent and Rs. 1 crore to the son as a one-time settlement within four months.

Service Law - Temporary Employment – Principles of Engagement and Termination – Public Employment Rules – Respondent engaged as a Computer Technician for a fixed term of one year or until regular selection – Termination before the term's expiry was non-stigmatic – Held: Temporary engagement cannot confer rights akin to regular employment – In absence of regular recruitment, continuation or reinstatement is unsustainable – Compensation for unfulfilled term deemed sufficient [Paras 2-6, 14, 17].

Parity in Employment Decisions – No Claim to Negative Equality – Respondent relied on Tribunal orders reinstating similarly terminated individuals – Held: Article 14 does not recognize "negative equality" – Erroneous or administrative reinstatements do not establish legal precedent – Employment decisions require examination on individual merits, as laid down in State of Odisha v. Anup Kumar Senapati and State of U.P. v. Rajkumar Sharma [Paras 18-20].

Natural Justice – Procedural Fairness in Termination – Limited Applicability – High Court relied on lack of opportunity to be heard prior to disengagement – Held: In cases of temporary employment, procedural fairness requirements are limited when termination is non-stigmatic – No contravention of principles of natural justice established in this case [Paras 8, 15].

Compensation as Equitable Remedy – Rs. 5 Lakhs Awarded – Prolonged litigation and unequal treatment led to respondent's expectation of similar relief – Held: Equitable compensation of Rs. 5 lakhs awarded as full and final settlement – No grounds for reinstatement or continuation due to expiration of term and lack of regular recruitment [Paras 21-23].

Decision: Appeal allowed. High Court's order for reinstatement and reengagement set aside. Respondent awarded lump sum compensation of Rs. 5 lakhs as final settlement, payable within three months. Pending applications disposed of.

Criminal Law – Quashing of FIR – Allegations under Section 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act – FIR and chargesheet challenged as vague, retaliatory, and without specific evidence – FIR quashed.

Matrimonial Dispute – Allegations of Dowry Harassment – FIR No.82 of 2022 dated 01.02.2022 was registered against the appellants under Section 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act – High Court refused to quash the FIR but directed that no arrest be made until filing of the chargesheet – Allegations in the FIR deemed vague and lacking specific details regarding the time, place, and manner of alleged harassment – Held: FIR was filed as a retaliatory measure in response to appellant No.1's legal notice seeking divorce by mutual consent – Allegations found to be unsupported by concrete evidence [Paras 18, 20-22, 32].

Family Members’ Involvement – Abuse of Process – Appellants Nos.2 to 6, who lived in different cities, had no connection to the matrimonial disputes – Allegations against them were generalized and without specificity – Courts cautioned against implicating family members without evidence, as it constitutes abuse of legal process – Criminal proceedings against family members found to be an abuse of process and were quashed [Paras 24-26, 32].

Judicial Precedents – Misuse of Section 498A IPC – Reiterated the cautionary approach from State of Haryana vs. Bhajan Lal and subsequent cases, such as G.V. Rao and Preeti Gupta, which emphasize the need to prevent misuse of Section 498A IPC – Observed that matrimonial disputes often result in sweeping allegations against the husband’s family, necessitating careful judicial scrutiny [Paras 11, 30-31].

Decision: Appeal allowed – High Court's order dated 16.02.2022 refusing to quash the FIR set aside – FIR No.82 of 2022, chargesheet dated 03.06.2022, and pending trial quashed – Case held to be a misuse of criminal provisions to settle personal scores and an abuse of judicial process [Paras 32-33].