Numbering of application — Office objections — Procedure — Execution Application filed by third party claimant seeking adjudication of right over E.P. schedule property was repeatedly returned by office without numbering — Held, when objections raised by office are not satisfied even after repeated representations, the office cannot indefinitely keep the matter unnumbered — Proper course is to place the matter before the Presiding Officer for judicial determination — Claim of party cannot be stifled at the threshold by administrative process. (Paras 12–18, 24)

 

Civil Procedure Code, 1908 — Order XXI Rule 58 — Execution — Third party claim — Numbering of application — Office objections — Procedure —

Execution Application filed by third party claimant seeking adjudication of right over E.P. schedule property was repeatedly returned by office without numbering — Held, when objections raised by office are not satisfied even after repeated representations, the office cannot indefinitely keep the matter unnumbered — Proper course is to place the matter before the Presiding Officer for judicial determination — Claim of party cannot be stifled at the threshold by administrative process.

(Paras 12–18, 24)

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Practice & Procedure — Ministerial acts vs judicial function —

Held, scrutiny by office is administrative in nature — Once objections are not resolved, decision on maintainability must be taken by Court through a speaking order — Office cannot assume adjudicatory role.

(Paras 15–17)

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Access to justice — Delay at numbering stage — Effect —

Held, indefinite return of pleadings results in denial of access to justice and may render proceedings infructuous, especially when execution proceedings are continuing — Litigant cannot be left remediless due to procedural bottlenecks at filing stage.

(Paras 18, 22–23)

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Court procedure — Limitation on number of returns —

Held, as per procedural guidelines, objections shall not be raised piecemeal and returns should not exceed three times — If objections persist, matter must be placed before Court for orders.

(Paras 16, 24)

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Execution proceedings — Protection of third party rights — Interim safeguard —

Held, where third party claim petition is pending consideration, continuation of execution proceedings may cause irreparable injury — Execution proceedings liable to be suspended till adjudication of maintainability of claim petition.

(Paras 13, 20(ii)–(iii))

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Directions —

Held, office directed to list Execution Application before Presiding Officer within one week — Court to decide maintainability after notice to parties on day-to-day basis — Execution proceedings to remain suspended till such decision.

(Para 20)

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Administrative directions — Judicial discipline —

Held, Registrar (Judicial) directed to circulate order and guidelines to all judicial officers to prevent indefinite returns and ensure proper procedural compliance.

(Paras 25–26)

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RATIO DECIDENDI

When objections raised by the office to a pleading are not resolved despite repeated returns, the matter must be placed before the Presiding Officer for judicial determination, as the office cannot indefinitely withhold numbering or assume an adjudicatory role, and such procedural delays cannot defeat a litigant’s right to have his claim decided in accordance with law.

Unilateral appointment of sole Arbitrator — Ineligibility — Jurisdiction — Arbitration award passed by sole Arbitrator appointed unilaterally by Finance Company through its Legal Manager — Such appointing authority having direct interest in dispute falls within ineligibility under Seventh Schedule — Held, a person who is ineligible to act as Arbitrator is equally ineligible to nominate another Arbitrator — Unilateral appointment of sole Arbitrator is invalid and violative of Article 14 — Arbitrator lacked inherent jurisdiction to adjudicate dispute — Award is non est and without jurisdiction. (Paras 31–34, 43)

 

Arbitration and Conciliation Act, 1996 — Section 12(5) r/w Seventh Schedule — Unilateral appointment of sole Arbitrator — Ineligibility — Jurisdiction —

Arbitration award passed by sole Arbitrator appointed unilaterally by Finance Company through its Legal Manager — Such appointing authority having direct interest in dispute falls within ineligibility under Seventh Schedule — Held, a person who is ineligible to act as Arbitrator is equally ineligible to nominate another Arbitrator — Unilateral appointment of sole Arbitrator is invalid and violative of Article 14 — Arbitrator lacked inherent jurisdiction to adjudicate dispute — Award is non est and without jurisdiction.

(Paras 31–34, 43)

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Arbitration — Award — Executability — Lack of inherent jurisdiction —

Held, where Arbitrator lacks inherent jurisdiction due to statutory ineligibility under Section 12(5), the award itself is void and incapable of execution — Execution proceedings based on such award are unsustainable.

(Paras 32–34, 43)

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Arbitration — Section 4 — Waiver — Scope — Distinguished from Section 12(5) —

Plea that petitioner waived objection by not participating in arbitration — Held, waiver under Section 4 applies only to procedural irregularities — Ineligibility under Section 12(5) is a matter of law and cannot be waived except by express agreement in writing after disputes arise — Absence of such express agreement → no waiver — Section 4 has no application.

(Paras 36–42)

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Arbitration — Section 12(5) Proviso — Express waiver — Requirement —

Held, waiver of ineligibility must be by clear, unequivocal written agreement after disputes arise — Mere silence or non-objection does not amount to waiver — Statutory ineligibility cannot be cured by implication.

(Paras 36, 42)

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Arbitration — Jurisdictional objection — Stage —

Held, objection relating to inherent lack of jurisdiction of Arbitrator can be raised at any stage, including in collateral proceedings and execution — Such defect strikes at root and is not curable.

(Paras 27, 12, 43)

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Arbitration — SARFAESI proceedings — Co-existence —

Held, arbitration proceedings and SARFAESI proceedings are cumulative remedies and can proceed simultaneously — However, said issue not pressed in present case.

(Para 8)

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Result / Directions —

Held, unilateral appointment of Arbitrator invalid — Award suffers from lack of jurisdiction — Consequential execution proceedings including attachment order liable to be set aside — Parties at liberty to proceed in accordance with law.

(Para 43)

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RATIO DECIDENDI

A unilateral appointment of a sole arbitrator by an interested party or its official, who is statutorily ineligible under Section 12(5) read with the Seventh Schedule, renders the arbitrator devoid of inherent jurisdiction, and consequently the arbitral award is void, non est and incapable of execution, such defect not being curable by implied waiver under Section 4 and capable of being raised at any stage.

Outraging modesty of minor girl — Appreciation of evidence — Conviction — Criminal Revision Case filed challenging concurrent findings of conviction under Section 354 IPC by trial Court and appellate Court — Prosecution case based primarily on testimony of victim girl supported by evidence of her parents — Held, testimony of victim, if found reliable and corroborated by surrounding circumstances, is sufficient to sustain conviction even in absence of independent witnesses — Non-examination of other witnesses not fatal when evidence of victim is cogent and trustworthy. (Paras 14–15)

 

Indian Penal Code, 1860 — Section 354 — Outraging modesty of minor girl — Appreciation of evidence — Conviction —

Criminal Revision Case filed challenging concurrent findings of conviction under Section 354 IPC by trial Court and appellate Court — Prosecution case based primarily on testimony of victim girl supported by evidence of her parents — Held, testimony of victim, if found reliable and corroborated by surrounding circumstances, is sufficient to sustain conviction even in absence of independent witnesses — Non-examination of other witnesses not fatal when evidence of victim is cogent and trustworthy.

(Paras 14–15)

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Evidence — Minor contradictions / omissions — Effect —

Held, minor variations in statements of witnesses regarding manner of occurrence do not amount to material contradictions — Such variations are natural and do not discredit prosecution case when core allegation remains consistent — Explanation of appellate Court accepting such variation upheld.

(Para 15)

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Evidence — Sole testimony of victim — Sufficiency —

Held, in offences relating to outraging modesty, conviction can be based on sole testimony of victim if it inspires confidence — Corroboration, though desirable, is not mandatory in every case.

(Paras 14–15)

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Criminal Procedure — Delay in lodging FIR — Effect —

Held, delay in lodging FIR in offences involving sexual misconduct, particularly in rural background, is not fatal — Social stigma, family honour and hesitation are relevant factors — Delay satisfactorily explained.

(Para 17)

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Revisional jurisdiction — Sections 397 & 401 CrPC — Scope — Concurrent findings —

Held, revisional Court will not interfere with concurrent findings of fact unless findings are perverse, illegal or result in miscarriage of justice — Reappreciation of evidence is limited — Where courts below have properly appreciated evidence, no interference warranted.

(Paras 8–9, 18)

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Directions / Result —

Held, revision dismissed — Conviction and sentence affirmed — Petitioner directed to surrender before trial Court to serve remaining sentence, failing which coercive steps to follow.

(Paras 19)

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RATIO DECIDENDI

Conviction for an offence under Section 354 IPC can be sustained on the credible testimony of the victim supported by surrounding circumstances, and in the absence of perversity or illegality, concurrent findings of the courts below cannot be interfered with in revisional jurisdiction, particularly when delay in FIR and minor discrepancies are satisfactorily explained.

Revisional jurisdiction — Order taking cognizance — Scope of interference — Criminal Revision Case filed challenging order of Magistrate taking cognizance against petitioners/accused Nos.3 and 4, though they were deleted from charge sheet by police — Trial Court, on application of de facto complainant, took cognizance against all accused based on material on record including sworn statement — Held, order taking cognizance is not a final adjudication and is based on prima facie satisfaction — Revisional Court cannot interfere at such stage when material discloses prima facie case. (Paras 3–5)

 

Criminal Procedure Code, 1973 — Sections 397 & 401 — Revisional jurisdiction — Order taking cognizance — Scope of interference —

Criminal Revision Case filed challenging order of Magistrate taking cognizance against petitioners/accused Nos.3 and 4, though they were deleted from charge sheet by police — Trial Court, on application of de facto complainant, took cognizance against all accused based on material on record including sworn statement — Held, order taking cognizance is not a final adjudication and is based on prima facie satisfaction — Revisional Court cannot interfere at such stage when material discloses prima facie case.

(Paras 3–5)

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Criminal law — Cognizance — Power of Magistrate —

Held, Magistrate is not bound by opinion of investigating agency and can take cognizance against persons not charge-sheeted if material on record discloses their involvement — Sworn statements and complaint material can be relied upon for such purpose.

(Para 5)

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Revisional jurisdiction — Disputed questions of fact —

Held, issues involving appreciation of evidence or disputed facts cannot be adjudicated at the stage of revision against order taking cognizance — Such matters are to be examined during trial.

(Para 5)

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Criminal proceedings — Stage of cognizance — Scope —

Held, at the stage of taking cognizance, Court is required only to see whether prima facie case is made out — Detailed examination of merits or defence is impermissible.

(Para 5)

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Directions — Expeditious trial —

Held, trial Court directed to dispose of main case expeditiously, preferably within a period of three months, without granting unnecessary adjournments.

(Para 6)

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RATIO DECIDENDI

An order taking cognizance based on prima facie material, including sworn statements, cannot be interfered with in revisional jurisdiction merely because the accused were not charge-sheeted, as the Magistrate is competent to take cognizance independently of the police report and disputed factual issues are to be adjudicated at trial.

Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Modification of bail conditions — NDPS Act offences — Onerous conditions — Financial incapacity — Scope — Criminal Petition filed seeking relaxation/modification of conditions imposed while granting bail in NDPS case — Petitioners contended that conditions imposed by trial Court were onerous and incapable of compliance due to financial constraints, resulting in continued detention despite grant of bail — Held, where bail conditions are excessively burdensome and defeat the very grant of bail, Court is justified in modifying such conditions to make them workable — Bail conditions must be reasonable and not illusory. (Paras 2–4)

 

Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Modification of bail conditions — NDPS Act offences — Onerous conditions — Financial incapacity — Scope —

Criminal Petition filed seeking relaxation/modification of conditions imposed while granting bail in NDPS case — Petitioners contended that conditions imposed by trial Court were onerous and incapable of compliance due to financial constraints, resulting in continued detention despite grant of bail — Held, where bail conditions are excessively burdensome and defeat the very grant of bail, Court is justified in modifying such conditions to make them workable — Bail conditions must be reasonable and not illusory.

(Paras 2–4)

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Bail — Conditions — Reasonableness —

Held, conditions imposed while granting bail should not be so onerous as to render the order of bail ineffective — Financial incapacity of accused is a relevant consideration in determining appropriateness of bail conditions.

(Paras 2–4)

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NDPS Act — Bail — Modification —

Held, notwithstanding seriousness of offence under NDPS Act, once bail is granted, conditions imposed must be capable of compliance — Court can relax or modify such conditions without disturbing the order granting bail.

(Para 4)

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Bail — Modification vs grant — Distinction —

Held, modification of bail conditions does not amount to fresh grant of bail but is an adjustment of terms to ensure effective implementation of earlier order.

(Para 4 — implicit)

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Directions —

Held, condition modified by directing petitioners to execute bond of Rs.1,00,000/- each with two sureties — Remaining conditions imposed by trial Court to continue.

(Paras 4–5)

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RATIO DECIDENDI

Bail conditions must be reasonable and capable of compliance, and where conditions imposed are excessively onerous resulting in continued detention despite grant of bail, the Court is empowered to modify such conditions to make the bail effective, without disturbing the original order granting bail.

ADVOCATEMMMOHAN: Bharatiya Nagarik Suraksha Sanhita, 2023 — Section...

ADVOCATEMMMOHAN: Bharatiya Nagarik Suraksha Sanhita, 2023 — Section...: advocatemmmohan Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 480 & 483 — Bail — NDPS Act offences — Remand — Non-extension — Disc...

Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 480 & 483 — Bail — NDPS Act offences — Remand — Non-extension — Discrepancy in filing of charge sheet — Effect —

Criminal Petition filed seeking regular bail in respect of offences under Section 20(b)(ii)(C) read with Sections 8(c) and 25 of NDPS Act — Petitioners contended that though prosecution claimed filing of charge sheet within statutory period, no charge sheet was actually filed within time and remand was not validly extended — Prosecution relied on CCTNS record showing earlier filing of charge sheet — Report called for from trial Court revealed discrepancy regarding date of filing of charge sheet and absence of material showing extension of remand beyond a particular date — Held, where statutory period has elapsed and there is no judicial order extending remand for a relevant period, continued custody becomes legally unsustainable — Petitioners entitled to be enlarged on bail.

(Paras 5–6)

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NDPS Act — Bail — Effect of procedural lapses —

Held, notwithstanding seriousness of offence under NDPS Act, failure to comply with mandatory procedural requirements relating to remand and filing of charge sheet entitles accused to bail — Procedural safeguards cannot be diluted.

(Paras 5–6)

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Criminal procedure — Remand — Necessity of judicial order —

Held, remand of accused must be supported by valid judicial orders — In absence of extension of remand for a specific period, detention of accused during such period is without authority of law.

(Para 6)

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Charge sheet — Discrepancy in records — Effect —

Held, where there is inconsistency between official record and prosecution claim regarding date of filing of charge sheet, and matter requires detailed examination, benefit must enure to accused at bail stage.

(Para 5)

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Bail — Conditions —

Held, petitioners enlarged on bail subject to conditions including execution of bond, furnishing sureties, periodic appearance before police, non-tampering with evidence and restriction on leaving jurisdiction.

(Para 7)

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RATIO DECIDENDI

Where there is no valid judicial order extending remand for a relevant period and there exists discrepancy regarding filing of charge sheet, continued detention of the accused becomes unlawful, entitling them to be released on bail notwithstanding the nature of the offence under the NDPS Act.

Partition suit — Interlocutory application under Order XXXIX Rules 1 & 2 CPC — Delay in disposal — Direction for expeditious consideration — Civil Revision Petition filed seeking direction to trial Court to dispose of interlocutory application filed for grant of temporary injunction in partition suit — Suit and injunction application filed in year 2021 remained pending without disposal for considerable period — Held, interlocutory applications, particularly those seeking temporary injunction, require prompt adjudication as delay defeats the very purpose of interim relief — High Court justified in exercising supervisory jurisdiction to direct time-bound disposal without entering into merits. (Paras 2–3)

 

Constitution of India — Article 227 — Supervisory jurisdiction — Partition suit — Interlocutory application under Order XXXIX Rules 1 & 2 CPC — Delay in disposal — Direction for expeditious consideration —

Civil Revision Petition filed seeking direction to trial Court to dispose of interlocutory application filed for grant of temporary injunction in partition suit — Suit and injunction application filed in year 2021 remained pending without disposal for considerable period — Held, interlocutory applications, particularly those seeking temporary injunction, require prompt adjudication as delay defeats the very purpose of interim relief — High Court justified in exercising supervisory jurisdiction to direct time-bound disposal without entering into merits.

(Paras 2–3)

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Civil Procedure Code, 1908 — Order XXXIX Rules 1 & 2 — Temporary injunction — Nature and object —

Held, relief of temporary injunction is intended to preserve subject matter of suit and prevent irreparable injury during pendency of proceedings — Non-disposal of such application for long period renders remedy ineffective.

(Para 2 — context of relief sought)

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Judicial delay — Interlocutory applications — Effect —

Held, prolonged pendency of interlocutory application, especially relating to alienation or alteration of property, may result in irreversible consequences and frustrate adjudication in suit — Courts are expected to dispose of such applications expeditiously.

(Paras 2–3)

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Article 227 — Scope of interference —

Held, High Court can exercise supervisory jurisdiction to ensure expeditious disposal of pending proceedings where subordinate Court fails to act within reasonable time — Such direction does not amount to interference on merits.

(Para 3)

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Directions —

Held, trial Court directed to dispose of interlocutory application within a period of six weeks from date of receipt of order.

(Para 3)

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RATIO DECIDENDI

Undue delay in deciding an interlocutory application for temporary injunction defeats the purpose of interim relief, and in such circumstances the High Court can, in exercise of its supervisory jurisdiction under Article 227, direct the trial Court to dispose of the application within a fixed time without entering into merits.

Order I Rule 10 — Impleadment of parties — Necessary and proper party — Test — Held, a party can be impleaded only if he is a necessary or proper party to the suit — A necessary party is one without whom no effective decree can be passed, and a proper party is one whose presence is required for complete and effective adjudication — Where no relief is claimed against proposed party and no cause of action is pleaded, such party cannot be impleaded. (Paras 6–7)

 

Constitution of India — Article 227 — Supervisory jurisdiction — Interference with order refusing impleadment — Scope —

Civil Revision Petition filed challenging order of trial Court dismissing application for impleadment of proposed defendant in suit for cancellation of gift deed and permanent injunction — Trial Court held that proposed party was neither necessary nor proper party — Held, order does not suffer from any illegality, perversity or jurisdictional error — Interference under Article 227 not warranted.

(Paras 5, 8–9)

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Civil Procedure Code, 1908 — Order I Rule 10 — Impleadment of parties — Necessary and proper party — Test —

Held, a party can be impleaded only if he is a necessary or proper party to the suit — A necessary party is one without whom no effective decree can be passed, and a proper party is one whose presence is required for complete and effective adjudication — Where no relief is claimed against proposed party and no cause of action is pleaded, such party cannot be impleaded.

(Paras 6–7)

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Suit for cancellation of gift deed — Parties — Scope —

Held, in a suit for cancellation of a gift deed, only parties to the document or persons claiming under them are necessary parties — A third person not connected with execution or benefit of the document is neither necessary nor proper party.

(Para 6)

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Suit for injunction — Necessary parties —

Held, in a suit for injunction, only those persons against whom interference is alleged and against whom cause of action is disclosed are necessary parties — Absence of pleadings alleging interference by proposed party disentitles impleadment.

(Para 7)

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Pleadings — Absence of cause of action — Effect on impleadment —

Held, where plaint does not disclose any cause of action against proposed defendant and no amendment is sought to introduce such plea, impleadment application is liable to be rejected.

(Para 7)

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Directions / Result —

Held, Civil Revision Petition dismissed — Order refusing impleadment confirmed.

(Para 9)

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RATIO DECIDENDI

Impleadment of a party under Order I Rule 10 CPC is permissible only when such party is necessary or proper to the adjudication of the dispute, and where no relief is claimed, no cause of action is pleaded, and the proposed party has no connection with the subject matter of the suit, refusal to implead does not warrant interference under Article 227.

Partition suit — Preliminary decree — Delay in final decree proceedings — Application for appointment of Advocate Commissioner — Direction for expeditious disposal — Civil Revision Petition filed seeking direction to trial Court to dispose of application filed for passing final decree in partition suit — Preliminary decree passed in year 2017 and application under Order XX Rule 18 CPC for division of properties by metes and bounds remained pending for several years without effective progress — Held, once preliminary decree is passed, it is incumbent upon trial Court to proceed with final decree proceedings without undue delay — Prolonged pendency defeats rights of parties and purpose of decree — High Court justified in issuing direction for time-bound disposal. (Paras 4–5)

Constitution of India — Article 227 — Supervisory jurisdiction — Partition suit — Preliminary decree — Delay in final decree proceedings — Application for appointment of Advocate Commissioner — Direction for expeditious disposal —

Civil Revision Petition filed seeking direction to trial Court to dispose of application filed for passing final decree in partition suit — Preliminary decree passed in year 2017 and application under Order XX Rule 18 CPC for division of properties by metes and bounds remained pending for several years without effective progress — Held, once preliminary decree is passed, it is incumbent upon trial Court to proceed with final decree proceedings without undue delay — Prolonged pendency defeats rights of parties and purpose of decree — High Court justified in issuing direction for time-bound disposal.

(Paras 4–5)

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Civil Procedure Code, 1908 — Order XX Rule 18 — Partition — Final decree proceedings — Duty of Court —

Held, after passing preliminary decree in partition suit, Court is required to take necessary steps for division of property by metes and bounds and pass final decree — Failure to proceed with such steps for long period amounts to procedural lapse warranting supervisory intervention.

(Para 5)

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Judicial delay — Pre-2017 matters — High Court circular — Binding effect —

Held, as per High Court circular directing priority disposal of pre-2017 cases, trial Courts are under obligation to take up such matters on priority and report progress — Non-compliance with such administrative directions justifies intervention under Article 227.

(Para 5)

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Partition proceedings — Appointment of Advocate Commissioner —

Held, where application for appointment of Advocate Commissioner is filed for effecting division of property in terms of preliminary decree, Court must act promptly to ensure completion of final decree proceedings.

(Para 4–5)

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Directions —

Held, trial Court directed to dispose of application for final decree within fixed time frame, preferably within three months where steps are completed, and otherwise within six months after following due procedure.

(Para 5)

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RATIO DECIDENDI

After passing a preliminary decree in a partition suit, the trial Court is under a duty to promptly proceed with final decree proceedings, and prolonged delay in adjudicating applications for division of property by metes and bounds warrants supervisory intervention under Article 227 to ensure time-bound disposal in accordance with law and administrative directions.

Arbitration and Conciliation Act, 1996 — Sections 34 & 36 — Arbitral award — Execution — Stay application pending — Effect — Civil Revision Petition filed challenging order of executing court proceeding with execution of arbitral award despite pendency of application seeking stay of award under Section 34 read with Section 36(2) — Held, in terms of Section 36(2), an arbitral award is executable as a decree unless stayed by a competent court — However, where an application seeking stay of the award is filed and kept pending for considerable time, the same must be decided expeditiously to avoid prejudice and to ensure that proceedings under Section 34 are not rendered infructuous. (Para 8)

 

Arbitration and Conciliation Act, 1996 — Sections 34 & 36 — Arbitral award — Execution — Stay application pending — Effect —

Civil Revision Petition filed challenging order of executing court proceeding with execution of arbitral award despite pendency of application seeking stay of award under Section 34 read with Section 36(2) — Held, in terms of Section 36(2), an arbitral award is executable as a decree unless stayed by a competent court — However, where an application seeking stay of the award is filed and kept pending for considerable time, the same must be decided expeditiously to avoid prejudice and to ensure that proceedings under Section 34 are not rendered infructuous.

(Para 8)

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Execution proceedings — Arbitral award — Pendency of stay application — Balancing of rights —

Held, continuation of execution proceedings in absence of stay is legally permissible, but when stay application is pending without adjudication, Court must balance equities between parties by directing expeditious disposal of stay application and regulating execution proceedings appropriately.

(Paras 6, 8–10)

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Delay in disposal — Stay application — Effect —

Held, non-disposal of stay application filed along with Section 34 petition for long period defeats purpose of challenge to award and may cause irreversible consequences — Courts are required to decide such applications at earliest.

(Paras 6, 8)

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Interim protection — Conditional stay — Execution proceedings —

Held, pending disposal of stay application, execution proceedings can be stayed subject to conditions to safeguard interests of decree-holder — In present case, stay of execution granted subject to deposit of one-third of decretal amount.

(Para 10)

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Civil Procedure Code, 1908 — Section 115 — Revisional jurisdiction — Scope —

Held, revisional jurisdiction can be exercised to correct procedural imbalance where subordinate court proceeds with execution without consideration of pending stay application, thereby affecting fairness of proceedings.

(Paras 8–10)

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Directions —

Held, court dealing with Section 34 petition directed to decide stay application within four weeks — Execution proceedings stayed till such decision, subject to deposit condition.

(Paras 9–10)

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RATIO DECIDENDI

An arbitral award is executable in the absence of a stay under Section 36(2), but where an application for stay is pending, the court must ensure its expeditious disposal and may regulate execution proceedings by granting conditional stay so as to balance the rights of both parties and prevent the challenge under Section 34 from being rendered infructuous.

Rejection of application to receive electronic evidence (pen drive) — Scope — Civil Revision Petition filed challenging docket order of trial Court rejecting application filed in matrimonial proceedings to receive electronic evidence in the form of pen drive containing video recordings allegedly depicting conduct of spouse — Trial Court held that such material was not necessary for adjudication and that not every incident in matrimonial life requires proof through such electronic material — Held, order is discretionary and based on relevance and necessity of evidence — No perversity, illegality or jurisdictional error shown — Interference under Article 227 not warranted. (Paras 3, 6, 9)

 

Constitution of India — Article 227 — Supervisory jurisdiction — Interference with interlocutory orders — Matrimonial proceedings — Rejection of application to receive electronic evidence (pen drive) — Scope —

Civil Revision Petition filed challenging docket order of trial Court rejecting application filed in matrimonial proceedings to receive electronic evidence in the form of pen drive containing video recordings allegedly depicting conduct of spouse — Trial Court held that such material was not necessary for adjudication and that not every incident in matrimonial life requires proof through such electronic material — Held, order is discretionary and based on relevance and necessity of evidence — No perversity, illegality or jurisdictional error shown — Interference under Article 227 not warranted.

(Paras 3, 6, 9)

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Evidence — Matrimonial disputes — Electronic evidence — Relevance and necessity —

Held, in matrimonial proceedings, adjudication must be based on relevant pleadings and legally admissible evidence — Production of voluminous or intrusive electronic material is not required unless such material is foundationally pleaded and necessary for deciding core issues — Trial Court justified in refusing to receive such evidence where not essential.

(Para 6)

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Civil Procedure — Interlocutory application — Discretion of trial Court —

Held, decision whether to receive additional evidence is within discretion of trial Court — Such discretion, when exercised judiciously on relevance and necessity, cannot be interfered with in supervisory jurisdiction.

(Paras 3, 9)

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Article 227 — Scope and limits —

Held, power of superintendence under Article 227 is to be exercised sparingly to keep subordinate courts within bounds of their authority — Interference is warranted only in cases of patent perversity, gross illegality, or failure of justice — Mere disagreement with discretionary order is not a ground for interference.

(Paras 7–8, 9)

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Directions / Result —

Held, Civil Revision Petition dismissed at admission stage — No interference with order of trial Court.

(Para 10)

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RATIO DECIDENDI

An interlocutory order of the trial Court refusing to receive electronic evidence in matrimonial proceedings, based on assessment of relevance and necessity, does not warrant interference under Article 227 in the absence of perversity or jurisdictional error, as supervisory jurisdiction is confined to correcting grave illegality and not to reappreciating discretionary decisions.

Where a pleading is repeatedly returned at the scrutiny stage, the proper course is to seek judicial determination by requesting the matter to be placed before the Court, and supervisory jurisdiction under Article 227 cannot be invoked without exhausting such remedy, as ministerial objections cannot substitute judicial adjudication.

 

Constitution of India — Article 227 — Supervisory jurisdiction — Execution proceedings — Claim petition under Order XXI Rule 58 CPC — Repeated returns at numbering stage — Procedure —

Civil Revision Petition filed questioning repeated returns of claim petition filed under Order XXI Rule 58 CPC in execution proceedings — Petition was returned multiple times by office on similar objections despite representations — Held, where office is not satisfied with compliance of objections, it is open to the party to seek placing of matter before the Court for judicial consideration — Ministerial process of return cannot be allowed to continue indefinitely without invoking judicial scrutiny — Petitioner ought to request listing before Bench for appropriate orders.

(Paras 2–4)

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Civil Procedure Code, 1908 — Order XXI Rule 58 — Claim petition — Scrutiny by office — Scope —

Held, objections raised by office at scrutiny stage are administrative in nature — Final decision regarding compliance or maintainability lies with the Court — In case of dispute regarding objections, matter must be placed before Presiding Officer for adjudication.

(Paras 3–4)

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Civil procedure — Returns and re-presentations — Duty of party —

Held, where petition is repeatedly returned, it is incumbent upon the party to request the Court to post the matter before the Bench for hearing on objections instead of merely re-presenting the papers — Failure to adopt such course cannot justify invoking supervisory jurisdiction prematurely.

(Para 3)

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Article 227 — Scope of interference —

Held, supervisory jurisdiction under Article 227 will not ordinarily be exercised when effective procedural remedy is available before the same Court, namely seeking judicial determination on office objections — Revision disposed of with liberty to adopt such course.

(Paras 3–4)

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Directions —

Held, petitioner permitted to re-present claim petition with a request to post the matter before the Bench if office objections persist — Court directed to pass appropriate orders after hearing petitioner expeditiously.

(Para 4)

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RATIO DECIDENDI

Where a pleading is repeatedly returned at the scrutiny stage, the proper course is to seek judicial determination by requesting the matter to be placed before the Court, and supervisory jurisdiction under Article 227 cannot be invoked without exhausting such remedy, as ministerial objections cannot substitute judicial adjudication.

The executing court is bound to dispose of execution proceedings within a reasonable and time-bound framework as mandated by binding precedent and High Court directions, and failure to do so without justification constitutes dereliction of duty warranting interference under Article 227 to ensure that the decree-holder is not deprived of the fruits of the decree.

 

Constitution of India — Article 227 — Supervisory jurisdiction — Execution proceedings — Delay in disposal — Direction for expeditious disposal —

Civil Revision Petition filed invoking supervisory jurisdiction under Article 227 seeking direction to Family Court for disposal of execution petition filed for recovery of decretal amount of permanent alimony — Despite lapse of considerable time from date of decree and filing of execution petition, executing court failed to proceed and kept matter pending without sufficient reasons — Held, execution proceedings are required to be disposed of expeditiously and undue delay defeats the very purpose of decree — High Court justified in issuing direction for time-bound disposal.

(Paras 4, 7–8)

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Execution proceedings — Time-bound disposal — Binding precedent —

Held, as per law laid down by the Supreme Court in Periyammal (Dead) through LRs v. V. Rajamani (2025 INSC 329), execution petitions are to be disposed of within a period of six months and failure to adhere to such timeline may entail administrative consequences — Delay beyond such period without justification is impermissible.

(Paras 5, 7)

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High Court Circulars — Binding nature — Execution petitions —

Held, circular instructions issued by High Court directing disposal of execution petitions within six months are binding on subordinate courts — Non-compliance amounts to dereliction of duty and warrants supervisory intervention.

(Para 5)

---

Execution proceedings — Unjustified adjournments — Effect —

Held, postponement of execution proceedings for no valid reason, particularly in absence of any intervening claim petitions or legal impediment, is contrary to settled law and results in denial of fruits of decree to decree-holder.

(Para 7)

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Article 227 — Scope of interference —

Held, where subordinate court fails to exercise jurisdiction or delays adjudication contrary to binding precedent and administrative directions, High Court can exercise supervisory jurisdiction to ensure proper administration of justice and timely disposal.

(Paras 7–8)

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Directions —

Held, executing court directed to dispose of execution petition within a period of eight weeks from date of receipt of order.

(Para 8)

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RATIO DECIDENDI

The executing court is bound to dispose of execution proceedings within a reasonable and time-bound framework as mandated by binding precedent and High Court directions, and failure to do so without justification constitutes dereliction of duty warranting interference under Article 227 to ensure that the decree-holder is not deprived of the fruits of the decree.

Civil Procedure Code, 1908 — Order XXI Rule 58 — Execution proceedings — Third party claim — Numbering of execution application — Delay at scrutiny stage by Court office — Procedure to be followed — Civil Revision Petition filed complaining of inaction of Execution Court office in numbering an Execution Application filed by a third party under Order XXI Rule 58 CPC seeking adjudication of claim and exclusion of property from execution sale — Application returned repeatedly and kept unnumbered while execution proceedings including proposed auction were continuing — Held, once objections are raised by office and explanation is not accepted, the office cannot indefinitely keep the application pending at scrutiny stage — If objections persist after permissible returns, the matter must be placed before the Presiding Officer for judicial determination — Indefinite delay at numbering stage is impermissible as it may render the claim infructuous and deny effective remedy. (Paras 14–18, 23–24)

 

Civil Procedure Code, 1908 — Order XXI Rule 58 — Execution proceedings — Third party claim — Numbering of execution application — Delay at scrutiny stage by Court office — Procedure to be followed —

Civil Revision Petition filed complaining of inaction of Execution Court office in numbering an Execution Application filed by a third party under Order XXI Rule 58 CPC seeking adjudication of claim and exclusion of property from execution sale — Application returned repeatedly and kept unnumbered while execution proceedings including proposed auction were continuing — Held, once objections are raised by office and explanation is not accepted, the office cannot indefinitely keep the application pending at scrutiny stage — If objections persist after permissible returns, the matter must be placed before the Presiding Officer for judicial determination — Indefinite delay at numbering stage is impermissible as it may render the claim infructuous and deny effective remedy.

(Paras 14–18, 23–24)

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Civil Courts — Ministerial acts — Numbering of pleadings — Scope of scrutiny —

Held, scrutiny by ministerial staff is limited to raising objections — They cannot adjudicate upon maintainability or merits — Where explanation is not accepted, the only course is to place the matter before Court for passing a judicial order — Administrative delay cannot substitute judicial determination.

(Paras 15–17)

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Civil Procedure — Interlocutory applications / execution applications — Repeated returns —

Held, pleadings such as plaints, interlocutory applications, execution petitions and execution applications shall not be returned repeatedly beyond permissible limit — Piecemeal objections are to be avoided — If objections remain after repeated returns, the matter must be listed before Court.

(Paras 16, 23–24)

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Access to justice — Delay at pre-numbering stage — Effect —

Held, indefinite pendency of pleadings at numbering stage may cause irreparable prejudice and defeat substantive rights — Judicial intervention is necessary to ensure that claims are adjudicated before they become infructuous due to ongoing proceedings.

(Para 18)

---

Execution proceedings — Interim protection —

Held, where third party claim is pending consideration, execution proceedings may be required to be kept in abeyance until judicial determination of maintainability to avoid prejudice to claimant.

(Para 20)

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Directions —

Held, where execution application was returned thrice and not numbered, office directed to list the application before Presiding Officer within stipulated time — Presiding Officer directed to decide maintainability after notice to parties and to suspend execution proceedings till such decision.

(Para 20)

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RATIO DECIDENDI

Ministerial scrutiny at the stage of numbering cannot result in indefinite withholding of pleadings; where objections persist after permissible returns, the matter must be placed before the Court for judicial determination, as failure to do so would defeat the litigant’s right to have the claim adjudicated and may render the proceedings infructuous.

ADVOCATEMMMOHAN: Constitution of India — Articles 19(1)(a), 19(2) &...

ADVOCATEMMMOHAN: Constitution of India — Articles 19(1)(a), 19(2) &...: advocatemmmohan Constitution of India — Articles 19(1)(a), 19(2) & 21 — Free speech — Statements of Ministers — Constitutional limitatio...

Constitution of India — Articles 19(1)(a), 19(2) & 21 — Free speech — Statements of Ministers — Constitutional limitations — Reference on scope of restrictions, horizontal application of fundamental rights, attribution of ministerial speech and constitutional tort —

Reference to Constitution Bench on:
(i) whether restrictions on free speech are confined to Article 19(2);
(ii) whether fundamental rights are enforceable against non-State actors;
(iii) whether State has duty to protect citizens against private interference;
(iv) whether statements of Ministers are attributable to State; and
(v) whether such statements give rise to constitutional tort — Questions answered.

(Paras 1–3)

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Constitution of India — Article 19(1)(a) — Freedom of speech — Article 19(2) — Exhaustiveness of restrictions —

Held, the grounds specified under Article 19(2) are exhaustive — No restriction on free speech can be imposed on grounds not enumerated therein — Courts cannot expand restrictions by invoking other fundamental rights including Article 21.

(Paras 23–28)

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Constitution of India — Articles 19(1)(a) & 21 — Alleged conflict —

Held, balancing of fundamental rights does not permit creation of new restrictions on speech — Article 21 cannot be invoked to curtail freedom of speech beyond Article 19(2).

(Paras 23–28)

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Constitution of India — Fundamental Rights — Horizontal application —

Held, rights under Article 19 are enforceable against the State — They are not generally enforceable against private individuals — However, Article 21 may cast a positive obligation on the State to protect life and liberty even against private actors.

(Paras 9–11)

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Constitution of India — Minister — Statement — Attribution — Collective responsibility —

Held, statement made by a Minister is not ipso facto attributable to the Government — Principle of collective responsibility does not extend to individual utterances — Attribution arises only when statement is traceable to official duty.

(Question 4)

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Constitution of India — Fundamental Rights — Violation — Minister’s speech —

Held, a statement by a Minister, even if offensive, does not by itself violate fundamental rights, unless it results in legally actionable injury.

(Question 5)

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Constitutional Tort — State liability — Minister’s acts —

Held, State liability arises only when violation of fundamental rights is attributable to State action — Mere statements of Ministers not linked to official functions do not give rise to constitutional tort liability.

(Question 5)

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RATIO DECIDENDI 

The restrictions on freedom of speech are confined to those enumerated in Article 19(2) and cannot be expanded by invoking other fundamental rights; statements made by Ministers do not constitute State action or violation of fundamental rights unless attributable to official conduct causing legally recognisable injury, and therefore do not attract constitutional tort liability.

ADVOCATEMMMOHAN: Civil Procedure Code, 1908 – Order II Rule 2 – Bar...

ADVOCATEMMMOHAN: Civil Procedure Code, 1908 – Order II Rule 2 – Bar...: advocatemmmohan Civil Procedure Code, 1908 – Order II Rule 2 – Bar of Suit – Identity of Cause of Action – Respondent/Plaintiff filed Suit-...

ADVOCATEMMMOHAN: Civil Procedure Code, 1908 – Order II Rule 2 – Bar...

ADVOCATEMMMOHAN: Civil Procedure Code, 1908 – Order II Rule 2 – Bar...: advocatemmmohan Civil Procedure Code, 1908 – Order II Rule 2 – Bar of Suit – Identity of Cause of Action – Respondent/Plaintiff filed Suit-...

Civil Procedure Code, 1908 – Order II Rule 2 – Bar of Suit – Identity of Cause of Action – Respondent/Plaintiff filed Suit-I for declaration of adoption deed as null and void and for injunction. During pendency, Suit-II was filed for declaration of title and recovery of possession. Held: The foundational facts regarding the property dispute and the cloud over the plaintiff’s title existed at the time of Suit-I. Having omitted to seek the relief of declaration of title and possession in the first instance despite knowledge of the defendant's claim, the plaintiff is precluded from seeking such reliefs in a subsequent suit. The bar under Order II Rule 2 is attracted to prevent "trial by installments" and harassment of the defendant through successive litigations. (Paras 20-25)

Civil Procedure Code, 1908 – Section 105(1) – Challenge to Interlocutory Orders in Appeal against Final Decree – Defendant’s application under Order II Rule 2 (I.A. No. 4) was rejected by the Trial Court and not challenged independently. Held: Section 105(1) specifically provides that where a decree is appealed from, any error or defect in an interlocutory order affecting the decision of the case may be raised as a ground of objection in the memorandum of appeal. The legislative scheme does not oblige a party to challenge every interlocutory order at the stage it is made, unless expressly provided (e.g., Section 105(2) for remand orders). The rejection of I.A. No. 4 did not attain irrevocable finality and could be re-agitated in the appeal against the final decree. (Paras 9-14)

Civil Procedure Code, 1908 – Section 11 – Res Judicata and Constructive Res Judicata – Applicability to successive stages of the same suit and subsequent suits. Held: The principle of res judicata is based on the need for finality in judicial decisions. If a matter—whether of fact or law—has been decided between parties in a proceeding and that decision is final, neither party can canvass it again. Constructive res judicata applies where a relief that ought to have been claimed in an earlier proceeding was omitted. (Paras 13, 3.10-3.12)

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CASE SUMMARY & KEY FINDINGS

1. Procedural Finality of Interlocutory Orders (Section 105) The Court clarified that the failure to file a revision or writ against the dismissal of an application questioning maintainability (I.A. No. 4) does not bar the defendant from raising that plea in the final appeal. The Court cited Maharaja Moheshur Singh to emphasize that forcing parties to appeal every minor order would be "detrimental to the expeditious administration of justice."

"To hold that such an order has assumed irrevocable finality would be to defeat the very purpose of Section 105, CPC..." (Para 14)

2. The Scope of Order II Rule 2 The Court reiterated the "Three-Pronged Test" from Gurbux Singh v. Bhooralal:

• Identity of the cause of action.

• Entitlement to multiple reliefs.

• Omission of relief without the Court's leave.

3. Factual Application The Court observed that Parvatewwa’s own pleadings in Suit-I admitted that Channappa was claiming ownership. Therefore, her cause of action for "Declaration of Title" had already ripened. By choosing to file only for "Injunction Simpliciter" and later filing for "Possession," she improperly split her cause of action.

"The foundational facts giving rise to the cause of action... were already in existence at the time of the earlier suit." (Para 22)

4. Conclusion The High Court’s interference with the concurrent findings of the lower courts (which had correctly applied the bar) was found to be unjustified. Suit-II was held to be barred. (Para 26)

Where matrimonial disputes result in complete breakdown of marriage accompanied by prolonged, vexatious and multi-forum litigation, the Supreme Court, in exercise of powers under Article 142 of the Constitution, may dissolve the marriage and grant comprehensive relief including quashing of all proceedings, awarding lump sum permanent alimony @ Rs,5 crores, regulating custody and restraining future litigation, in order to secure complete justice and finality.

 

Constitution of India — Article 142 — Matrimonial dispute — Irretrievable breakdown — Dissolution of marriage —

Where parties are embroiled in prolonged matrimonial discord marked by acrimony, multiplicity of proceedings and complete breakdown of relationship, rendering marriage dead for all practical purposes — Supreme Court justified in dissolving marriage in exercise of Article 142 to do complete justice.

(Paras 53–56, 62(i))

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Article 142 — Complete justice — Quashing of all proceedings — Scope —

Supreme Court, to bring quietus to dispute, can quash all pending civil, criminal and miscellaneous proceedings between parties, including FIRs, complaints and proceedings against relatives and even advocates, where such proceedings arise out of matrimonial discord and are found to be vexatious and oppressive.

(Paras 53–56, 62(ii))

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Maintenance — Non-compliance — Conduct of husband — Effect —

Persistent default in payment of maintenance and deliberate attempts to frustrate execution proceedings by filing multiple litigations constitute contumacious and evasive conduct, justifying grant of comprehensive financial relief.

(Paras 19–22, 53, 59, 62(v))

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Article 142 — Permanent alimony — Lump sum settlement —

In order to secure financial stability of wife and children and to avoid prolonged litigation, Court may award consolidated lump sum covering past, present and future maintenance, child support and litigation expenses.

(Paras 60–62(v))

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Child custody — Welfare of children — Paramount consideration —

Welfare of minor children being paramount, custody granted to mother, with structured visitation rights to father including periodic access and shared vacation custody.

(Paras 57, 62(iii))

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Parental responsibility — Cooperation for child welfare —

Father directed to cooperate in matters concerning child’s passport/official documentation — failure to comply may invite coercive action including contempt.

(Para 62(iv))

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Residence — Conditional relief — Vacation of premises —

Wife permitted to retain possession of matrimonial residence subject to condition of vacating the same upon receipt of full settlement amount, in terms of undertaking furnished to Court.

(Para 62(vi))

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Conduct of litigant — Abuse of process — Effect —

Initiation of numerous proceedings against spouse, relatives and legal representatives reflects vindictive misuse of judicial process, warranting strong intervention and consolidation of disputes by Supreme Court.

(Paras 53–54)

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Article 142 — Moulding of relief — Comprehensive jurisdiction —

Supreme Court may mould relief comprehensively to include dissolution of marriage, quashing of proceedings, financial settlement, custody directions and future restraints, to ensure complete justice and finality of litigation.

(Paras 56, 62)

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Undertaking — Future litigation restraint —

Party directed not to initiate further civil or criminal proceedings against spouse, relatives or advocates — breach of undertaking to entail serious consequences.

(Para 62(vii))

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RATIO DECIDENDI

Where matrimonial disputes result in complete breakdown of marriage accompanied by prolonged, vexatious and multi-forum litigation, the Supreme Court, in exercise of powers under Article 142 of the Constitution, may dissolve the marriage and grant comprehensive relief including quashing of all proceedings, awarding lump sum permanent alimony @ Rs,5 crores,  regulating custody and restraining future litigation, in order to secure complete justice and finality.

whether the appellant is indeed conversant with the day-to-day management of the Company, thereby justifying the issuance of summons to her. Section 141 of N.I. Act - Merely being a director of a company is not sufficient to make the person liable under Section 141 of the Act. A director in a company cannot be deemed to be in charge of and responsible to the company for the conduct of its business. The requirement of Section 141 is that the person sought to be made liable should be in charge of and responsible for the conduct of the business of the company at the relevant time. This has to be averred as a fact as there is no deemed liability of a director in such cases.No-

 

Negotiable Instruments Act, 1881 — Ss. 138 & 141 — Vicarious liability of Director — Essential averment

For fastening liability on a Director, it is mandatory that the complaint contains a specific averment that the accused was “in charge of and responsible for the conduct of the business of the company” at the time of commission of offence; absence thereof is fatal. (Para 7)

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Director — Liability — Mere designation — Insufficient

Mere holding of office as Director does not automatically attract criminal liability under Section 141 NI Act; there is no deemed liability. (Para 7)

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Director — Signing of Board Resolution — Effect

Signing of a Board Resolution does not establish that the Director was involved in the day-to-day affairs of the company and is insufficient to attract vicarious liability. (Para 8)

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Complaint — Absence of specific role — Effect

Where the complaint is silent as to the role of the Director and does not attribute responsibility for conduct of business, prosecution is liable to be quashed. (Para 8)

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Summoning order — Validity — Mechanical issuance impermissible

Summoning of a Director without satisfaction of statutory requirements under Section 141 amounts to improper exercise of jurisdiction. (Paras 7–8)

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Criminal Procedure Code, 1973 — S.482 — Maintainability despite revision

Exercise of inherent jurisdiction under Section 482 Cr.P.C. is not barred merely because a revision petition under Section 397 Cr.P.C. has been filed or decided. (Paras 10–11)

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Criminal Procedure Code, 1973 — S.482 — Scope

Inherent powers are wide and can be exercised to prevent miscarriage of justice and abuse of process, including quashing of proceedings where basic ingredients of offence are absent. (Paras 10–11)

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RATIO DECIDENDI

A Director can be prosecuted under Sections 138/141 of the Negotiable Instruments Act only if the complaint contains specific averments that such Director was in charge of and responsible for the conduct of the business of the company at the relevant time; mere designation as Director or signing of Board resolutions does not satisfy the statutory requirement, and in absence of such foundational averments, continuation of criminal proceedings amounts to abuse of process and is liable to be quashed under Section 482 Cr.P.C.

ADVOCATEMMMOHAN: When a qualified medical professional performs a r...

ADVOCATEMMMOHAN: When a qualified medical professional performs a r...: advocatemmmohan Medical Negligence — Criminal liability — Standard Criminal prosecution of a doctor requires proof that the act was such th...

Medical Negligence — Criminal liability — Standard

Criminal prosecution of a doctor requires proof that the act was such that no reasonable medical professional would have done; mere adoption of one accepted procedure over another does not amount to criminal negligence. (Para 16)

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Medical Procedure — Alternative treatment — Validity

Where multiple accepted medical options exist, the doctor is entitled to choose the appropriate procedure based on clinical judgment. (Para 17)

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Consent — Scope — Alternative procedures

Consent covering alternative procedures, where indicated in the consent form, is sufficient unless manipulation is proved. (Paras 17, 19)

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Forgery — Consent form — Proof

Allegation of interpolation or forgery in medical records must be supported by cogent evidence such as forensic proof; mere allegation is insufficient. (Paras 19, 20)

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Medical Board opinion — Evidentiary value

Independent expert opinion confirming appropriateness of procedure strongly negates criminal liability. (Paras 6, 17, 20)

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Section 482 Cr.P.C. — Quashing — Scope

Courts may examine factual aspects in quashing jurisdiction where continuation of proceedings amounts to abuse of process. (Para 18)

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Abuse of process — Criminal proceedings

Where no prima facie case exists and materials support the accused, continuation of proceedings constitutes abuse of process of court. (Para 20)

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RATIO DECIDENDI

When a qualified medical professional performs a recognized and medically appropriate procedure, supported by expert medical opinion, and there is no credible evidence of lack of consent or forgery, continuation of criminal prosecution amounts to abuse of process and is liable to be quashed under Section 482 Cr.P.C.

FACTS OF THE CASE (Para-wise, Court Style)

1. The de facto complainant’s minor son (aged about 1½ years) was admitted for Orchidopexy (placement of undescended testicle). (Para 3)
2. It was alleged that:
   • No consent was given for Orchidectomy (removal of testicle),
   • Yet, the doctor performed Orchidectomy, and
   • The consent form was allegedly interpolated to include the said procedure. (Para 3)
3. FIR was registered under multiple IPC provisions including forgery, negligence and conspiracy. (Para 4)
4. After investigation, charge-sheet was filed alleging:
   • Rash and negligent act,
   • Manipulation of consent form,
   • Forgery of medical records. (Para 8)
5. A Medical Board was constituted, which opined:
   • Orchidectomy was a medically appropriate procedure,
   • It is a recognized alternative in such cases,
   • Consent should ideally be obtained. (Paras 6–7)
6. The Director of Medical Services further opined:
   • Consent form existed,
   • Procedure was ethically and medically justified. (Para 7)
7. High Court refused to quash proceedings under Section 482 Cr.P.C. (Para 10)
8. Appeal was filed before Supreme Court.
9. supreme court allowed the appeal.

ADVOCATEMMMOHAN: One World, But No Cry 🎵 By Muralimohan M.

ADVOCATEMMMOHAN: One World, But No Cry 🎵 By Muralimohan M.: advocatemmmohan  One World, But No Cry 🎵 By Muralimohan M. Verse 1 In this world, like a small village, Every voice can find its way, Only ...

One World, But No Cry 🎵
By Muralimohan M.

Verse 1
In this world, like a small village,
Every voice can find its way,
Only whispers, no more cries,
Only dreams will never die.

From desert fumes to my next door,
We indulge ourselves in mighty wars,
Not just theirs and not just ours,
Pain runs deeply through our veins.

🎵 Chorus 🎵
One world dream is rising strong,
“One for all” will carry on,
From the ashes we restore—
A world worth living for.

Verse 2
Voices rise, and hearts can hear,
Truth is stronger than our fear,
Far away, no mother cries,
Hope is shining in her eyes.

Stories guide us from the past,
Teaching peace that’s meant to last,
Different paths but one same aim,
We can rise above the pain.

🎵 Bridge (Call for Peace) 🎵
Don’t be mad—be leaders wise,
Rule with peace, our civil prize,
Bury egos, end the wars,
Open hearts and healing doors.

Groom the world with love and grace,
Let peace shine in every place,
Guide us forward, strong and true,
A better world begins with you.

🎵 Final Chorus 🎵
One world dream is rising strong,
“One for all” will carry on,
From the ashes we restore—
A world worth living for.

🎵 Outro 🎵
If we listen, we will hear,
Peace is stronger than our fear…