Civil Law - Oral Gift (Hiba) – Requisites Under Mohammedan Law – Invalid Gift Declared – The appellants argued that the property was orally gifted by Sultan Saheb, evidenced by mutation entries – Held: A valid gift under Mohammedan law requires (1) declaration of intention by the donor, (2) acceptance by the donee, and (3) delivery of possession – While acceptance and possession were proven, no clear declaration of intention was established – Mutation entries alone do not substantiate a gift, as they only pertain to revenue records and do not confer title – Oral gift deemed invalid [Paras 36, 38].

Partition During Lifetime – Prohibited by Mohammedan Law – Appeal Dismissed – The appellants claimed that Sultan Saheb partitioned his property among heirs during his lifetime – Held: Mohammedan law does not recognize partition during the lifetime of the property owner, as heirs' rights arise only after the owner’s death – Any claim of partition is invalid under personal law principles [Paras 17-20].

Role of Mutation Entries – Limited to Revenue Records – No Title Created – Mutation entries cannot confer title or validate transactions such as gifts or partitions – Held: These entries serve only administrative purposes for collecting land revenue and do not substantiate ownership rights [Paras 25-27].

Interpretation of Personal Law – Supreme Importance of Shariat Principles – Held: Mohammedan law's principles, sourced from the Quran, Hadith, Ijma, and Qiyas, govern issues like gifts and inheritance – Under these principles, property devolves by inheritance, and the concept of joint family or coparcenary is absent – The appellants’ claims contradicted these foundational rules [Paras 18-20, 28-29].

Decision: Appeals dismissed – High Court and Trial Court findings upheld – No valid oral gift or partition established.

Negotiable Instruments Act, 1881 – Dishonour of Cheque – Individual vs. Corporate Liability – Accused acquitted for the offence under Section 138 of the NI Act as the cheque was drawn on an account maintained by the company (Shilabati Hospital Pvt. Ltd.), and the company was not impleaded as an accused – Held: A director or authorized signatory cannot be held liable in their personal capacity under Section 138 unless the company, as the principal offender, is also prosecuted – Appeal dismissed – Opportunity granted to lodge an FIR for potential cheating by the accused under general criminal law [Paras 69–78].

Criminal Law – Section 138 NI Act – Key Requirements for Liability – Compliance with Section 138 demands that the dishonoured cheque must be drawn on an account maintained by the accused – Strict interpretation of penal statutes mandates that the liability under Section 138 is limited to the drawer of the cheque – Merely signing a cheque as an authorized signatory does not constitute personal liability unless the principal account-holder is prosecuted [Paras 33–42, 69–73].

Vicarious Liability – Section 141 NI Act – Corporate Offences – Liability under Section 141 arises only when the company is prosecuted and held guilty – Doctrine of strict construction requires prosecution of the principal offender (the company) as a condition precedent to affixing vicarious liability on directors or officers responsible for the conduct of its business – Absence of the company as an accused precludes vicarious liability for directors [Paras 59–63].

Doctrine of Strict Interpretation – Penal Statutes – Section 138 NI Act – Held: Interpretation of penal provisions must be strict and in conformity with legislative intent – Extending the scope of Section 138 to authorize prosecution of individuals who act as agents or signatories on behalf of corporate entities would result in unintended and unjust liability [Paras 44–48, 66–68].

Judicial Precedents – Individual vs. Corporate Liability – Several Supreme Court rulings reaffirm that the liability under Section 138 rests on the entity maintaining the account from which the cheque is drawn – Directors or authorized signatories may only be held liable when the company is prosecuted as per Section 141 of the NI Act [Paras 50, 55–62].

Cheating Allegations – Alternative Remedy – Dishonoured Cheque Issued for Personal Debt – Held: Accused's conduct of encashing Rs. 7,00,000/- from the complainant and later issuing a dishonoured cheque raises prima facie suspicion of cheating under general criminal law – Complainant is at liberty to file an FIR for further investigation [Paras 75–77].

Decision: Appeal dismissed – Accused acquitted of offence under Section 138 NI Act – Complainant granted liberty to pursue alternative criminal remedies under general law [Paras 78–79].

Criminal Procedure Code, 1973 – Discharge under Section 239 Cr.P.C. – Prima Facie Case – High Court set aside the charges framed under Section 109 IPC read with Section 13(1)(e) punishable under Section 13(2) of the Prevention of Corruption Act, 1988, and discharged the respondent – Held: The Trial Court correctly found prima facie case against the respondent based on the investigation materials – High Court exceeded its jurisdiction under revision by meticulously analyzing evidence for "clinching material" instead of prima facie assessment – Such analysis was inappropriate at the discharge stage under Section 239 Cr.P.C. – High Court erred in setting aside the charge framed by the Trial Court [Paras 9, 13, 14].

Disproportionate Assets – Prima Facie Evidence – Framing of Charges Justified – Charges were framed against the respondent and her husband for the possession of disproportionate assets – High Court quashed the charges against the respondent, holding that there was no material evidence of abetment – Held: The Trial Court appropriately found a prima facie case, and the High Court’s meticulous examination for "clinching evidence" exceeded its jurisdiction at the discharge stage under Section 239, Cr.P.C. [Paras 5-9, 12].

Abetment and Relationship with Public Servant – Mere Association Not Sufficient for Liability – The respondent’s liability was alleged due to her relationship with her husband, a public servant accused of disproportionate assets – High Court erred by delving into the merits instead of evaluating prima facie suspicion, which is sufficient to frame charges at this stage [Paras 6-10, 15].

Presumption of Innocence – Scope of Section 239, Cr.P.C. – At the stage of discharge, the focus is on whether a prima facie case exists, not the sufficiency of evidence for conviction – The High Court misapplied principles of trial to the discharge stage [Paras 9-13].

Decision: The appeal was allowed. The High Court’s order discharging the respondent was set aside. The Trial Court was directed to proceed with the trial expeditiously, as the case dated back to 2013.

Civil Law - Application of Hindu Succession Act, 1956 – Scheduled Tribes Excluded Unless Directed by Notification – Appellants claimed property rights under HSA, 1956 – Held: Under Section 2(2) of HSA, scheduled tribes are excluded unless directed by notification, which was absent in this case – High Court correctly applied the principle of justice, equity, and good conscience under the Central Provinces Laws Act, 1875, granting equal property rights to tribal women [Paras 3, 18].

Tribal Identity and Denotification – Burden of Proof – Appellants argued that the Sawara tribe had assimilated into Hindu practices and thus were governed by HSA, 1956 – Held: No notification denotifying the tribe was produced – Scheduled status persists unless explicitly altered by presidential notification under Article 342 of the Constitution [Paras 3, 17].

Justice, Equity, and Good Conscience – Supplementary Principles Applied – Where statutory provisions are silent or inapplicable, principles of justice, equity, and good conscience guide decisions – High Court rightly granted property rights to Mardan’s daughters under these principles, even though HSA, 1956 did not apply [Paras 3, 19].

Gender Parity in Property Rights – Call for Legislative Amendment – Emphasized the need for legislative action to secure property rights for female members of tribal communities – Recommended that the Central Government consider extending the applicability of HSA, 1956 to tribals to ensure gender equality in inheritance [Paras 18-19].

Decision: Appeal dismissed – High Court judgment granting property rights to Mardan’s daughters affirmed – Pending applications disposed of.

Criminal Law – Allegations of Witchcraft – Public Humiliation and Assault – FIR lodged against 13 accused under Sections 341, 323, 354, 354B, 379, 504, 506, 149 IPC, and Sections 3 & 4 of the Witch (Daain) Practices Act for grave allegations including assault, disrobing, and public humiliation of the victims accused of witchcraft – Police filed chargesheet against only one accused, ignoring material implicating others – Magistrate took cognizance against all accused based on available evidence – High Court stayed proceedings against certain accused in a nonspeaking order – Held: Such heinous crimes infringing upon the dignity of individuals demand sensitive and timely adjudication – Stay granted by the High Court was inappropriate, failing to consider prima facie evidence or seriousness of the allegations [Paras 4-7, 10-12, 26].

Human Dignity – Right to Live with Dignity under Article 21 – Prima Facie Case for Trial Established – Allegations of witchcraft led to acts of public humiliation, disrobing, and physical assault of the victims – Held: The Trial Court correctly took cognizance of the case, finding a prima facie case based on evidence, and the High Court erred in staying the trial proceedings mechanically [Paras 8-10, 13-15].

Witchcraft Accusations – Gender Discrimination – Need for Sensitivity and Expediency in Judicial Proceedings – Accusations of witchcraft are often rooted in patriarchal and superstitious practices disproportionately targeting women, especially elderly or marginalized individuals – Court emphasized the duty of the State to protect dignity under international treaties and constitutional mandates [Paras 18-20, 25-28].

Role of the State – Ensuring Justice for Vulnerable Groups – The State's Inaction – Court criticized the State’s failure to challenge the High Court’s stay order and highlighted the need for proactive litigation to uphold the rule of law and justice for victims of heinous crimes [Paras 22-23, 29-30].

Decision: The appeal was allowed. The High Court’s stay order was set aside. The Trial Court was directed to proceed with the case on a day-to-day basis from 15/01/2025, ensuring the trial’s completion without delay. Observations made in the judgment were not to influence the final outcome.

Criminal Procedure Code, 1973 – Discharge under Section 227 Cr.P.C. – Lack of Prima Facie Case – Appellant (Accused No.13) sought discharge under Section 227 Cr.P.C. from charges under Section 27(b) of the NDPS Act – Sole evidence against the appellant was the confession statement of a co-accused (Accused No.1) – Held: Confessional statement of a co-accused is inadmissible under Section 25 of the Indian Evidence Act, 1872, and cannot form the basis for framing charges – No other evidence linked the appellant to the offense – Dismissal of discharge application by the Trial Court and High Court was improper – Appellant discharged [Paras 7, 9-12, 14].
Confession of Co-Accused – Inadmissibility – No Prima Facie Case for Trial – The appellant was arraigned under Section 27(b) of the NDPS Act based solely on the confession of a co-accused – Held: Confession of a co-accused cannot form the sole basis for framing charges against another accused. In the absence of corroborative material or evidence, there was no prima facie case to proceed against the appellant [Paras 12-14, 23-24].

Scope of Section 227, Cr.P.C. – Discharge in Absence of Grave Suspicion – At the stage of discharge, the judge must sift evidence to assess if a grave suspicion exists against the accused – Mere suspicion, unsupported by admissible evidence, does not justify subjecting the accused to trial [Paras 11-15, 20-22].

NDPS Act – Proof Beyond Suspicion Required – In cases under the NDPS Act, strong and corroborated material evidence is necessary due to the stringent nature of penalties – Confession unsupported by medical examination or recovery of contraband is insufficient to frame charges [Paras 18-19].

Decision: The appeal was allowed. The orders of the High Court and the Additional District Judge-Special Court were set aside. The appellant (Accused No. 13) was discharged from CC No. 43 of 2020.
 

Civil Writ - PIL - Judicial Review – Public Contracts – Excessive Delegation Invalidated – Articles 13 and 14 of the Concession Agreement, allowing NOIDA Toll Bridge Company Ltd. to levy toll, were held invalid for violating public policy – Held: Power to levy fees or toll cannot be delegated to private entities as per the Uttar Pradesh Industrial Area Development Act, 1976; only the collection of fees may be delegated [Paras 42-50].

Public Interest Litigation – Maintainability and Delay – Continuous Cause of Action – The PIL filed after 15 years of the Concession Agreement was held maintainable due to continuous public injury and absence of clear disclosure of toll recoveries – Held: Delay in filing a public interest matter does not preclude maintainability where public welfare is at stake [Paras 16-21].

Reasonableness of Toll Policy – Violation of Public Policy – Perpetual Recovery of Costs – Formula in the Concession Agreement led to perpetual recovery of escalating project costs, extending the concession period indefinitely – Held: The agreement imposed an undue burden on public commuters and failed to align with the principles of equity and public trust [Paras 53-65].

Role of the State – Responsibility in Public-Private Partnerships – Lack of Transparency – Selection of NTBCL without competitive bidding and delegation of financial oversight to private stakeholders highlighted misuse of power – Held: Actions violated Article 14, mandating fairness and equality in public governance [Paras 30-40].

Decision: The appeal was dismissed. The High Court's judgment prohibiting the collection of toll and severing Articles 13 and 14 from the Concession Agreement was upheld. NTBCL was directed to cease toll collection immediately.
 

Scope of Section 195 Cr.P.C. – Applicability to Tribunals – Section 195 read with Section 340 Cr.P.C. mandates that complaints for offences under Sections 193, 199, and 200 IPC, when committed before a Court, must be filed only by orders of the Court concerned – Tribunal not defined as "Court" under law – Held: Offences alleged to have been committed before a Tribunal may be addressed through private complaints rather than following the procedure under Section 195 Cr.P.C..

Private Complaints – Offences under Sections 193, 199, and 200 IPC – Where offences are committed outside a Court, private complaints are maintainable – Tribunal, being outside the definition of "Court," can entertain such complaints – Held: Private complaints are valid for offences committed before the Municipal Building Tribunal in this case.

Quashing of Complaint – High Court’s Jurisdiction under Section 482 Cr.P.C. – High Court quashed the private complaint on the ground that it contravened Section 195 Cr.P.C. – Supreme Court held this reasoning to be erroneous, as the Tribunal was not a Court – Held: High Court order set aside, and private complaint restored for adjudication on merits by the Tribunal.

Decision – Appeal allowed – Private complaint restored to the Tribunal – Supreme Court clarified that the decision is based solely on technical and legal grounds, and the merits of the case remain to be adjudicated by the Tribunal.

Matrimonial Law – Divorce - Mental Cruelty – Filing False Complaints – Section 13(1)(ia), HMA – Divorce Granted – The High Court held that the appellant-wife’s act of filing a false dowry harassment complaint against the respondent-husband and his family, later abandoned, amounted to mental cruelty – Prolonged separation of over 15 years demonstrated an irretrievable breakdown of marriage – Held: Filing false complaints with intent to harass constitutes cruelty, justifying dissolution of marriage – Decision: Decree of divorce granted; appeal dismissed; permanent alimony awarded to the appellant and daughter [Paras 8, 10, 14-16, 27-29, 41].

Desertion – Prolonged Separation – Section 13(1)(ib), HMA – Divorce Granted – The High Court concluded that the appellant’s prolonged separation without reasonable cause and lack of interest in reconciliation amounted to desertion – Held: Willful abandonment of matrimonial obligations constitutes desertion, justifying divorce – Decision: Marriage dissolved due to desertion; permanent alimony granted [Paras 11, 13, 30-33, 40].

Irretrievable Breakdown of Marriage – Prolonged Separation – Article 142 of the Constitution – Relief Granted – The Court acknowledged the irretrievable breakdown of the marriage due to 20 years of separation, during which reconciliation efforts failed – Held: While not a statutory ground, irretrievable breakdown justifies dissolution of a marriage when continuation would only perpetuate distress – Decision: Marriage declared irretrievably broken; divorce decree upheld; permanent alimony granted [Paras 30-33, 41].

Jurisdiction of High Court – Section 100, CPC – Substantial Question of Law – High Court’s Interference Justified – The High Court reversed concurrent findings of the lower courts by addressing substantial questions of law related to the appellant’s conduct and the irretrievable breakdown of the marriage – Held: Such interference is permissible under Section 100, CPC – Decision: High Court’s jurisdiction upheld; divorce decree maintained [Paras 6-8, 17-18, 23].

Permanent Alimony – Financial Independence and Dignity – Alimony Awarded – The Court directed the respondent-husband to pay Rs. 50,00,000/- as permanent alimony to the appellant-wife and an additional Rs. 50,00,000/- for the education and future expenses of their daughter – Held: Alimony ensures financial stability and dignity, safeguarding the rights of dependents post-divorce – Decision: Permanent alimony of Rs. 1 crore awarded to appellant and daughter; payments to be made within four months [Paras 36-40, 41].