Title and Possession – Suit for Partition – Inheritance under Modified Mitakshara Law – Appeal from High Court decision granting partition – Supreme Court reverses decision, upholding First Appellate Court’s findings. Clarifies legal heirs’ entitlement and lease agreements related to property. Affirms that Chiruthey lost her rights in her first husband’s property upon remarriage, and her subsequent lease agreements post-1910 cannot confer ownership. [Paras 1-19]

Lease Agreements – Legal Validity – Examination of back-to-back lease transactions from 1910 – Supreme Court holds transactions as unusual but valid, lacks evidence of illegality. However, reiterates that Chiruthey, having lost rights upon remarriage, cannot pass valid title through these leases. [Para 17]

Rights of Remarried Widow – Application of Hindu Widows Remarriage Act, 1856 – Court finds that Chiruthey’s remarriage led to loss of any rights in her first husband’s property. Holds that rights from subsequent lease agreements post-1910 cannot establish property ownership. [Paras 8, 17, 19]

Decision – Dismissal of Suit for Partition – Supreme Court sets aside High Court judgment, upholds First Appellate Court’s dismissal of suit. Concludes that Chiruthey and, by extension, her son with Neelakandan had no valid claim to property ownership for partition. [Para 19]

Delay in Filing Application under Order IX, Rule 7 CPC – Condonation of Delay – Principles to be Applied – Discretion of the Court – Gross Negligence and Want of Due Diligence – Sufficiency of Cause – Liberal Construction of the Term – Reasonable Explanation for Delay – Adherence to Strict Proof – Doctrine of Prejudice – Concocted Explanation – Consequences of Negligence on Part of Litigant – Application for Condonation of Delay after 14 Years – Failure to Provide Satisfactory Explanation – Dismissal of Appeal Upheld. [Paras 9-11]

Quashing of Delayed Application – Discretion of Courts – Adherence to Justice – Lack of Bona Fides – Consequences of Negligence – Application of Limitation Act, Section 5 – Examination of Explanation for Delay – Failure to Demonstrate Reasonable Grounds – Gross Negligence and Inaction – Observance of Strict Proof – Dismissal of Appeal. [Paras 9-11]

Role of Courts in Condonation of Delay – Judicial Discretion – Consideration of Circumstances – Liberal Approach – Public Interest and Justice – Distinction between Inordinate Delay and Short Duration – Vigilance of Courts – Evaluation of Explanation – Consequences of Inaction or Negligence – Consequences of Fanciful or Concocted Explanations – Dismissal of Delayed Application – Upholding of Trial Court’s Decision – Affirmation by Revisional Court and High Court – Dismissal of Appeal by Supreme Court. [Paras 9-11]

Settlement and Discharge in Cheque Dishonour Case – Initial agreement in Lok Adalat failed due to non-fulfillment of financial obligations by the appellant – Subsequent payments made, including interest for delayed payment – Supreme Court focuses on substantial compliance and overall justice rather than strict adherence to procedural timelines – Held, the intent of the parties was to resolve the matter through financial restitution, which was fulfilled by the appellant. [Paras 1-15]

Compounding of Offences Under Section 138 of NI Act – Compounding at initial stages encouraged, but permissible at any stage – Despite full payment, complainant unwilling to compound the offence – Supreme Court emphasizes the compensatory over punitive aspect of the law, highlights overcrowding of courts with cheque dishonour cases – Consent of complainant necessary for compounding under current legal framework – Court finds continuation of criminal proceedings unwarranted after full restitution. [Paras 11-13]

Decision – Quashing of Criminal Proceedings – Considering the appellant's compliance with payment directives, including the additional interest for delayed payment, and lack of fraudulent intent from the start – Court quashes all criminal proceedings against the appellant, including the pending criminal appeals against his conviction under Section 138 of the NI Act – Exercise of powers under Article 142 to do complete justice – Directed trial court to hand over the deposited Demand Drafts to the complainant. [Paras 14-15]

Limitation Act, 1963 - Sections 3 and 5 - Appeal filed after an inordinate delay of 5659 days - High Court refusing to condone the delay - Special Leave Petition filed challenging the High Court's decision - Principles governing the condonation of delay discussed - Law of limitation founded on public policy to put an end to litigation by forfeiting the remedy - Discretionary power of courts to condone delay under Section 5 - 'Sufficient cause' for condonation of delay - Balance between liberal interpretation and strict enforcement of limitation laws - Court's obligation to dismiss appeals filed beyond the prescribed period - Duty of the courts to enforce limitation laws without equitable considerations - Application of law of limitation must be done with rigor, not affected by inconvenience or hardship to parties - Mere acceptance of judgment by other claimants not sufficient ground for condonation of delay - No interference by Supreme Court with High Court's refusal to condone delay, considering lack of due diligence and negligence by petitioners - Special Leave Petition dismissed.

Partition and Separate Possession – Civil Appeal – Appeal against High Court judgment in a property dispute involving partition and separate possession of properties, including agricultural lands and business ventures – Supreme Court upholds Appellate Court’s decree for partition and separate possession, setting aside High Court’s misinterpretation of facts. [Paras 1-29]

Joint Family Property and Business Dispute - Dispute over whether properties and a garage business were part of a joint Hindu family - Initiated by Vitthalrao against descendants of his deceased brother, Laxmanrao - Trial Court held only agricultural land at Mouza Shendola as joint property; other properties and business as self-acquired by Laxmanrao - Appellate Court reversed, decreeing all properties and business as joint - High Court initially upheld Appellate Court but later reviewed to exclude certain properties from partition based on misinterpretation [Paras 3-5, 10-16, 22-29].

Joint Family Business – Analysis and Decision – Examines evidence indicating joint family business in garage operations named ‘Gajanan Automobiles’ and ‘Trimurti Auto Garage’ – Supreme Court finds substantial evidence supporting joint family business, contrary to High Court’s observation – Upholds Appellate Court’s decision recognizing joint family business from inception, not just post-1991 as per erroneous High Court observation. [Paras 15, 18, 19, 26, 28]

Misinterpretation of Appellate Court Judgment – High Court’s Review based on Erroneous Observation – Supreme Court finds High Court erroneously interpreted Appellate Court’s judgment regarding commencement of joint family business, leading to an incorrect review decision – Supreme Court sets aside High Court’s observation and its consequential order. [Paras 21, 23, 27, 29]

Judgment – Upholding Appellate Court’s Decision –  upholds Appellate Court’s judgment, decreeing partition and separate possession in favor of plaintiff, dismissing High Court’s review order based on incorrect factual analysis. [Para 29]

Discharge - Criminal Appeal against High Court order setting aside discharge order – Allegations of cheating and criminal conspiracy under Sections 420 and 120B IPC – Appellants established educational society and applied for approval from AICTE to start educational institutions – Allegation that appellants suppressed mortgage information in applications – CBI filed FIR and charge-sheet against appellants – Magistrate discharged appellants, but High Court set aside discharge order – Appeal before Supreme Court – Held, no evidence of deliberate deception by appellants – AICTE granted approval despite disclosure of mortgage in initial application – No evidence of inducement causing harm to AICTE – No criminal conspiracy established – Discharge order restored – Criminal appeal allowed.

Role of Accused in Cheating – Analysis – Held – No evidence of deliberate deception by appellants – AICTE granted approval despite disclosure of mortgage in initial application – No inducement causing harm to AICTE established – No evidence of criminal conspiracy by appellants – Discharge order restored.

Decision – Quashing of FIR and Charge-Sheet against Appellants – Supreme Court sets aside High Court order and restores discharge order – No evidence of deliberate deception by appellants or inducement causing harm to AICTE – No criminal conspiracy established – Appellants discharged of alleged offence under Sections 420 and 120B IPC.

Validity of Petition under Section 482 Cr.P.C. – Held – Limitation period for filing revision under Section 397 Cr.P.C is 90 days – No limitation prescribed for invocation of inherent powers under Section 482 Cr.P.C – CBI filed petition under Section 482 Cr.P.C long after limitation period expired – Held, CBI should have pursued statutory remedy under Section 397 Cr.P.C – Appeal allowed.

Exercise of Inherent Powers of High Court – Held – Inherent powers can be exercised when no specific remedy provided in the Code – Cannot be invoked to nullify provisions of the Code – Specific remedy of revision available to CBI under Section 397 Cr.P.C – CBI should have pursued statutory remedy – Appeal allowed.

Rejection of Election Petition – Appeal against High Court’s dismissal of application under Order VII Rule 11 CPC for rejection of Election Petition – Appellant’s nomination for Assam Legislative Assembly scrutinized, and election won – Respondent No. 1 filed Election Petition, alleging false educational qualifications and financial disclosure by appellant – Supreme Court finds Election Petition lacking in precise, specific allegations, with no statement of material facts or particulars of alleged corrupt practice under Section 83 of RP Act – Election Petition does not set out grounds for declaring election void under Section 100 – Held, Election Petition against appellant to be dismissed. [Paras 1-26]

Material Facts in Election Petition – Necessity and Analysis – Held, Election Petition must contain concise statement of material facts and full particulars of alleged corrupt practices, as required under Section 83 of RP Act – Vague, general allegations without specific details insufficient – Failure to meet these requirements renders Election Petition liable for dismissal under Order VII Rule 11 CPC. [Paras 13-21, 24-25]

Implications of Corrupt Practices Allegations – Standards of Proof and Pleading – Election Petition alleging corrupt practices must provide clear, cogent, and precise allegations – Standard of proof akin to criminal charges – Allegations must be proven beyond reasonable doubt – Inadequate pleadings on corrupt practices warrant dismissal of Election Petition. [Para 21]

Decision – Appeal Allowed – Election Petition No. 1 of 2021 filed by Respondent No. 1 dismissed – Lack of concise statement of material facts and specific allegations in Election Petition lead to its dismissal. [Para 25-26]

Seizure and Confiscation under the Gujarat Prohibition Act – Appeal against High Court’s refusal to release a vehicle seized with liquor – Appellant sought release of vehicle under Special Criminal Application, bypassing Section 451, Cr.P.C. – Supreme Court clarifies proper procedural approach for custody and disposal of seized property. [Paras 1-6]

Interpretation of Sections 98 and 132, Gujarat Prohibition Act – Analysis – Confiscation and seizure powers under the Act – Distinction between powers of authorized officers and courts emphasized – Proper procedure for disposal of seized property underlined. [Paras 7-14]

Doctrine of Harmonious Construction Applied – Interpretation of Section 98(2) of Gujarat Prohibition Act – Court resolves ambiguity in the provision, reconciling it with the Cr.P.C. and other provisions of the Act. [Para 9]

Procedure for Release of Seized Property – Section 451, Cr.P.C. – Supreme Court delineates the proper course of action in cases involving custody of property seized during investigation – Directs Appellant to approach the appropriate criminal court for release of vehicle. [Paras 15-17]

Decision: Appeal Dismissed – Supreme Court dismisses the appeal, affirming the High Court’s order – Appellant directed to seek remedy under Section 451, Cr.P.C. at the concerned criminal court. [Para 18]

Consumer Law- Partnership Dispute – Consumer Complaint – Jurisdiction – Alleged deficiency in service – Complaint filed by respondent No.1 before District Consumer Disputes Redressal Forum (DCDRF), alleging non-repayment of investment in partnership firm – Appellants, heirs of deceased partner, contesting liability – Appellants contend respondent No.1 was partner in firm as per registered partnership deed dated 27.05.1996 – No dissolution of registered deed proved – Status of complainant as partner deemed to continue until death of managing partner – Consumer complaint not maintainable for commercial dispute – Commercial transactions outside purview of Consumer Protection Act, 1986 – Appropriate remedy lies before Civil Court – Lack of evidence for appellants inheriting firm's liabilities upon death of partner – National Consumer Disputes Redressal Commission (NCDRC) erred in upholding complaint – Orders of lower forums set aside – Complaint dismissed – Respondent No.1 may pursue alternative legal remedies.