1. Anticipatory bail – Serious Economic offences – SFIO investigated over 125 companies and filed a criminal complaint involving Rs. 4120 crores in fraudulent loans -- The Special Court issued bailable and later non-bailable warrants against the accused, many of whom deliberately evaded service -- Proclamation proceedings u/s 82 CrPC were initiated -- Despite prior knowledge of the case many accused concealed themselves and avoided appearance -- High Courts granted anticipatory bail to several accused. Held, High Courts should also consider the factum of issuance of non-bailable warrants and initiation of proclamation proceedings seriously and not casually, while considering the anticipatory bail application of such accused -- As per Section 212 (6), the offence covered under Section 447 of the Companies Act not entitled to be released on bail or on his bond, unless twin conditions mentioned therein are satisfied. The twin conditions are:- (i) that a Public Prosecutor should be given an opportunity to oppose the application for such release; and (ii) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. These twin conditions are mandatory in nature. Economic offences constitute a class apart, as they have deep rooted conspiracies involving huge loss of public funds, and therefore such offences need to be viewed seriously -- Impugned orders passed by the High Court granting anticipatory bail set aside. (SC) Decided on: 09.04.2025

2. POCSO – Rape – Compromise quashing of FIR -- Parties have settled the dispute amicably and have also verified the contents of the compromise -- Cognizance/ summoning order, charge-sheet as well as the entire proceedings quashed. (UK HC) Decided on: 09.04.2025

3. Dowry case -- Summoning of additional accused – Quashing of -- Acquittal of main accused – Effect of -- If main accused are acquitted, no criminal proceedings can be sustained against other co-accused on the same set of witnesses – Whenever, there is no prospect of the case ending in conviction valuable time of the Court should not be wasted -- Criminal proceedings cannot be permitted to continue – Petition allowed, summoning the accused u/s 319 Cr.P.C. for facing trial quashed. (UK HC) Decided on: 09.04.2025

4. Recruitment initiated – Advertisement made – Non-challenge to – Effect of -- Private respondent did not challenge the advertisement in its entirety (nor did anyone else) -- Hence, the advertisement holds the field and it is only under this advertisement that the respective rights of the appellant and private respondent can be determined. (SC) Decided on: 09.04.2025

5. Minimum sentence prescribed – Effect of -- Section 9 does not prescribe a minimum sentence for the offence punishable under it -- By amendment minimum sentence made 2 years -- Amendment came into effect on 1st October 2012, whereas the offence was committed on 17th June 2010 and the order of sentence was issued on 11/13th November 2010 -- Said amendment would not be applicable -- Appellant has already been granted remission for the main offence u/s 302 IPC -- However, following the date of remission, the appellant has undergone an additional incarceration of approximately 10 months -- Sentence already undergone would subserve the ends of justice for the offence punishable under the Prisoners Act, 1988. (SC) Decided on: 08.04.2025

6. Construction of deed -- Court must look at the words used in the contract unless they are such that one may suspect that they do not covey the intention correctly -- If the words are clear, there is very little the court can do about it -- In constructing a deed, looking at the surrounding circumstances and subject matter is legitimate only if the words used are doubtful. (SC) Decided on: 08.04.2025

7. Opportunity to file objection -- NGT abdicated its adjudicatory role and let the GPCB and CPCB to proceed and act on their own reports -- GPCB called upon the appellant to deposit a sum of Rs. 8,16,30,000 in terms of the directions of the NGT -- Before accepting the reports and issuing directions based upon it, NGT ought to have given an opportunity to the appellant to rebut the report and question the compensation assessed therein -- This was not done -- Such action of the NGT cannot be countenanced – Order set aside, O.A. before NGT restored. (SC) Decided on: 08.04.2025

8. Cognizance by court -- Summoning order in printed form – Effect of -- Summoning order passed in a printed proforma by filing up the blanks which reveals that the Trial Court has not applied its judicial mind and in a very cursory manner the Trial Court took cognizance -- Summoning order is cryptic -- Cognizance/ summoning order quashed, Trial Court directed to exercise discretionary power and decide afresh while taking cognizance on the charge sheet after taking into consideration the entire materials and pass appropriate order in accordance with law. (UK HC) Decided on: 08.04.2025

9. Registration of sale deed – Refusal to register -- Power of Registrar – Rule 55A(i) declared ultra vires the 1908 Act -- None of Clauses (a) to (j) of Section 69 provides for framing Rules conferring power on the registering authority to refuse registration of a document of transfer -- No provision under the 1908 Act confers power on any authority to refuse registration of a transfer document -- Unless documents are produced evidencing title as required by Rule 55A(i), registration of the sale deed shall be refused. Held, registering officer is not concerned with the title held by the executant -- He has no adjudicatory power to decide whether the executant has any title -- Even if an executant executes a sale deed or a lease in respect of a land in respect of which he has no title, the registering officer cannot refuse to register the document if all the procedural compliances are made and the necessary stamp duty as well as registration charges/fee are paid – Rule-making power u/s 69 cannot be exercised to make a Rule that is inconsistent with the provisions of the 1908 Act -- Due to the inconsistency, Rule 55A(i) declared ultra vires the 1908 Act. (SC) Decided on: 07.04.2025

10. Rape – Promise to marry -- Discharge of accused -- Appellant and the Complainant came in contact in 2014, during the pendency of matrimonial disputes arising out of the Complainant’s marriage -- It is from day one, she had knowledge and was conscious of the fact, that the Appellant was in a subsisting marriage, though separated – Complainant was receiving financial help from the Appellant for herself and her son -- Complainant cannot plead ‘misconception of fact’ or ‘rape on the false pretext to marry’ -- No evidence to conclude that there was any fraudulent or dishonest inducement – No criminal intimidation -- There is a growing tendency of resorting to initiation of criminal proceedings when relationships turn sour -- Every consensual relationship, where a possibility of marriage may exist, cannot be given a colour of a false pretext to marry, in the event of a fall out -- It is such lis that amounts to an abuse of process of law -- Court deemed fit to terminate the proceedings at the stage of charge itself – Appeal allowed. (SC) Decided on: 07.04.2025

11. Rape – Discharge of accused – Rape – Promise to marry -- Mere fact that physical relations were established pursuant to a promise to marry will not amount to a rape in every case -- An offence u/s 375 IPC could only be made out, if promise of marriage was made by the accused solely with a view to obtain consent for sexual relations without having any intent of fulfilling said promise from the very beginning, and that such false promise of marriage had a direct bearing on the prosecutrix giving her consent for sexual relations – Ingredients of offences u/s 375/ 506 IPC not established -- Trial Court discharged the accused – High Court in revision set aside the order of discharge has undertaken an exhaustive analysis of the allegations in the FIR, and the Charge-sheet, while failing to consider that at the stage of framing of charges, the court must only adjudicate on the basis of material on record – Order of High Court set aside – Criminal proceedings terminated. (SC) Decided on: 07.04.2025

12. Judgment on admissions – Mandatory or discretionary -- Provisions of Rule 6 are enabling, discretionary and permissive -- They are not mandatory, obligatory or peremptory -- If the court is of the opinion that it is not safe to pass a judgment on admissions, or that a case involves questions which cannot be appropriately dealt with and decided on the basis of admission, it may, in exercise of its discretion, refuse to pass a judgment and may insist upon clear proof of even admitted facts. (SC) Decided on: 07.04.2025

13. Criminal Law – Murder – Circumstantial Evidence – Acquittal – Last seen theory -- Prosecution relied on last seen evidence, extra-judicial confessions, and circumstantial evidence including recovery of articles and fingerprints –PW-2 (alleged eyewitness) and PW-12 (last seen witness) disbelieved due to delayed statements – Extra judicial confessional statements disbelieved by High court – Recovery of slippers and a wheel spanner with alleged fingerprints of the accused was held insufficient to establish guilt in absence of a complete and credible chain of circumstantial evidence – Benefit of doubt extended to appellant – Conviction u/s 302 IPC set aside, holding prosecution failed to establish a complete chain of circumstantial evidence. (SC) Decided on: 04.04.2025

14. Objection u/s 34 of Arbitration Act -- Limitation of three calendar months as opposed to 90 days -- Statutory language of Section 34(3) clearly stipulates the limitation period as “three months”, as opposed to the condonable period as “thirty days” -- This difference in language unambiguously demonstrates the legislative intent that the limitation period is 3 calendar months as opposed to 90 days -- Argument that 3 months must be read as 90 days in the context of Section 34(3), rejected. (SC) Decided on: 03.04.2025

15. Default bail after 60 days – Non-prescribing of minimum punishment/ maximum upto 14 years -- Non-filing of challan -- Effect of -- Section-3 of the Act though, prescribes maximum punishment up to 14 years, there is no minimum punishment provided under the said provision -- Punishment prescribed for the offence punishable us/ 5 of the said Act, is maximum up to three years -- Since, the investigation was not completed in sixty days, the Respondent had become entitled to the default bail under Section 167(2)(a) of Cr.P.C -- High Court has rightly followed the Rakesh Kumar Paul vs. State of Assam, (2017) 15 SCC 67 and released the Respondent on bail. (SC) Decided on: 03.04.2025

16. Cheating – Quashing of FIR -- Mere breach of promise to repay per se does not infer dishonest intention -- Appellant had clarified he had suffered continuous business setbacks -- Due to losses, he was unable to pay the 2nd non-applicant -- He had sold the coal to a brick manufacturer and suffered losses thereto -- Failure to pay due to unfortunate business losses cannot be clothed with culpability and the process of criminal law utilized to recover outstanding dues -- Proceeding arising out of FIR quashed. (SC) Decided on: 02.04.2025

17. President of Municipal Council -- Conversion of Municipal Council to Corporation – Contention that as term of Municipal Council is five years, in accordance with the Constitutional provisions, the Council has a right to continue for a period of five years – Held, Article 243-U shall have its forcibility provided the Council is still there -- If a decision is taken by the State to convert a Council into a Corporation then, as from the date when the Council become a Corporation, its term would end automatically. (HP HC) Decided on: 01.04.2025

18. Withdrawal of suit with liberty to file fresh -- Petitioner raised her grievance against execution of the gift deed and consequent attestation of mutation, but no specific relief has been prayed to declare the gift deed illegal, null or void and not binding on the rights of petitioner -- Such omission entails consequences under order 2 rule 2 of the Code -- Petitioner cannot sue again in respect of the omitted portion of the claim -- Since, the plea which had been left from incorporation, could not be said to be alien to the subject matter or cause of action of the suit, even the requirements of order 23 rule 1(3) (b) were satisfied -- Suit is at very initial stage, issues have not been framed; therefore, no prejudice likely to be caused to the respondents -- Petitioner permitted to withdraw the suit with permission to file afresh on the same cause of action. (HP HC) Reserved on: 22.03.3025 Decided on: 01.04.2025

19. Writ petition – Challenge to orders of quasi-judicial authorities -- Cause of action arose to father – Locus standi of son after 30 year -- Father of the petitioners died in the year 2015 -- Orders which now being assailed by the petitioners was in existence for almost 30 years as till the date when the father of the petitioners died and in his wisdom the father of the petitioner, never assailed it – Held, petitioners do not have any locus to file and maintain the writ petition. (HP HC) Decided on: 01.04.2025

20. Gift deed – Completion of -- Unilateral cancellation – Permissibility of -- Delivery of possession is not sine qua non to validate a gift or settlement -- Delivery of possession is only one of the methods to prove acceptance and not the sole method – If the original deed was returned after registration, the fact that it was already acted upon, cannot be altered -- Receipt of the original document by the plaintiff and registration of the same, would amount to acceptance of the gift and the transaction satisfies the requirement of Section 122 of the TP Act -- Once the document is declared as “gift”, Donor/ defendant No.1 had no right to cancel the same unilaterally and the Sub Registrar had no right to register the cancellation deed -- Unilateral cancellation of the document is void and as a natural corollary, the sale deed executed by Donor/ Defendant No.1 / father also is invalid. (SC) Decided on: 24.03.2025

21. Bail application – Direction to CBI to register FIR -- High Court directed the Central Bureau of Investigation to register a case based on the statement under Section 161 of Cr.P.C and conduct investigation thereon; in a bail application – Held, there can be no such direction in a bail application -- Impugned order set aside to that extent. (SC) Decided on: 24.03.2025

22. Regular Second Appeal – Condonation of delay -- State cannot be given any undue indulgence as compared to an ordinary litigant, especially in matters of limitation -- All parties, whether or not State under Article 12 of the Constitution, are required to act with due diligence and promptitude. (SC) Decided on: 21.03.2025

23. Interested witness -- First cousins witness -- It is settled position of law that merely because the witnesses are relatives of the deceased and as such are interested witnesses, that alone cannot be a ground to discard their testimony -- The only requirement is that the testimony of such witnesses has to be scrutinized with greater caution and circumspection. (SC) Decided on: 21.03.2025

24. Unlawful assembly -- Rioting – Bystander -- Appellants were residents of the same village where riots broke out, therefore their presence at the spot is natural and by itself not incriminating -- More so, because it is not the case of the prosecution that they came with arms or instruments of destruction -- In these circumstances, their presence at the spot could be that of an innocent bystander who had a right to move freely in absence of prohibitory orders -- In such a situation, to sustain their conviction, the prosecution ought to have led some reliable evidence to demonstrate that they were a part of the unlawful assembly and not just spectator -- Here no evidence has come on record to indicate that the appellants incited the mob, or they themselves acted in any manner indicative of them being a part of the unlawful assembly – Appellants’ arrest from the spot is not a guarantee of their culpability -- Mere presence of the appellants at the spot, or their arrest therefrom, was not sufficient to prove that they were a part of the unlawful assembly comprising of more than a thousand people – Appellants acquitted. (SC) Decided on: 21.03.2025

25. Consumer – Privity of contract -- Tripartite Agreement would lead to the conclusion that the essential transaction of sale was between the complainant-respondent and the borrower who was the buyer of the flat of the complainant-respondent for an agreed consideration of Rs.32,00,000/- -- Complainant-respondent, having no privity of contract with the appellant, cannot be termed a ‘consumer’ under the Act. (SC) Decided on: 20.03.2025

26. Appeal against conviction/ Acquittal -- Huge pendency of criminal appeals in High Courts – Preference of hearing -- Priority is usually given to the hearing of the appeals where the accused are in prison -- The appeals against conviction where the accused are on bail take a backseat -- However, a right balance has to be struck by taking up for hearing even some of the old criminal appeals against conviction where accused are on bail -- If the appeals against conviction where the accused are on bail and especially where a life sentence has been imposed are heard after a decade or more from its filing, if the appeal is dismissed, the question arises of sending the accused back to jail after a long period of more than a decade -- Therefore, it is desirable that certain categories of appeals against conviction where the accused are on bail should be given priority. (SC) Decided on: 20.03.2025

27. Suit for declaration of absolute ownership – Pleadings -- One who comes before the court with a declaration that, he is the absolute owner of the schedule property, he must plead the correct property number, extent and also boundaries before the court with cogent and acceptable evidence. (SC) Decided on: 19.03.2025

28. Temporary injunction -- Co-owner -- Electricity in name of defendant – Right of irrigation -- One of the cosharers of the tubewell cannot deprive the right of irrigation to the other co-sharer by unauthorisedly removing the common facility for irrigating the fields. (P&H HC) Decided on: 19.03.2025

29. Shamilat deh -- Jurisdiction of Collector/ Financial Commissioner -- Cancellation of lease by Financial Commissioner – Held, jurisdiction to rescind or cancel lease solitarily vested in the Collector of the Revenue District concerned -- Financial Commissioner or any other officer of the Government of Punjab, except the (P&H HC) Decided on: 19.03.2025

30. Shamilat deh -- Notice to vacate by BDPO – Challenge to -- Writ jurisdiction – Dispute relates to the question of title and possession over the panchayat land involving disputed questions of fact – Court declines to enter into merits of the matter and relegates the petitioner to approach the Collector u/s 11 of the Act of 1961. (P&H HC) Decided on: 19.03.2025

31. Consumer – Commercial transaction – Maintainability of complaint -- If the machine is purchased for self-employment purposes, it cannot be categorized as “commercial purpose’ -- Petitioner/ complainant was already running a business as a commercial venture and he purchased the machine to expand his business -- Petitioner himself was not operating the machine, but he had employed workmen who were doing the job for him -- No matter how small the venture is, it cannot be called ‘self-employment’ for the purposes of the Act – Order of dismissal of complaint on the ground that he was not a ‘consumer’, upheld -- In case the petitioner moves a Civil Suit within four weeks, he would be at liberty to rely upon Section 14 of the Limitation Act, 1963 and the same shall be dealt with in accordance with law. (SC) Decided on: 18.03.2025

32. Writ jurisdiction – Three post of Steno advertised – Four additional person appointed, including appellants -- Termination – Non-payment of salary -- State as well as the High Courts are expected to be model litigants -- The High Court is not expected to take a hyper-technical view, when dealing with the case of payment of salary of the employees of the District Judiciary, who have actually put in eight years of service -- Respondents directed to pay the salary of the appellant and other similarly circumstances persons for the period during which they have actually worked in the District Court along with interest at the rate of 6% per annum from the date on which the salaries ought to have been paid to them -- Appellant would also be entitled to costs quantified at Rs.1 lakh. (SC) Decided on: 18.03.2025

33. Delayed submission of Medical bill for re-imbursement of deceased employee beyond 90 days – Rejection of – Permissibility of -- If an employee has died during treatment, his wife/ heirs should not be harassed for technical reasons -- Such a rule that prescribes for submitting medical bills for reimbursement may at times be put to strict compliance where employee is alive but in case of heirs where employee has died during treatment, such rules should not be permitted to come in the way of reimbursement of genuine claims of medical bills -- Petitioner directed to submit again the medical bills within a period of four weeks, concerned respondent shall clear the same as per relevant rules by taking appropriate decision within a period of two weeks. (Allahabad HC) Decided on: 17.03.2025

34. Compensation in motor vehicle accident case -- Father and the mother of the deceased were also claimants before the MACT and the mother having passed away during the interregnum itself shows that they were advanced in age and thus, the deceased, but obviously, would be presumed to have carried out the major responsibility as is done in such joint family, especially since the businesses of agriculturist, hiring/driving and milk-vending – Monthly income taken as Rs. 15,000/- -- Total compensation assessed at Rs.35,66,600 -- Rate of interest increased to 7.5% per annum from the date of filing of the claim petition till realisation, instead of 6% per annum. (SC) Decided on: 17.03.2025

35. Police report – Cognizance by Magistrate – Direction to inclusion name in charge-sheet – Permissibility of -- Court has the power to differ from the Final Form submitted by the Police and take cognizance of a crime and also against persons who may not have been sent up for trial by the Police after investigation -- In such circumstances, the Court is then required to issue summons instead of directing for inclusion of the name of the person in the charge-sheet. (SC) Decided on: 17.03.2025

36. Eviction petition -- Appointment of Local Commissioner -- No right vested in favour of a party to get the said commission issued and rather the same is an enabling provision that enables the Court to appoint a Commissioner if it is of the opinion that the same is required in a case. (P&H HC) Decided on: 17.03.2025

37. SARFAESI – Assets Recovery Company as Assignee -- Possession by police officer – Permissibility of – Maintainability of writ -- Section 14 empowers the District Magistrate or the Chief Metropolitan Magistrate to take possession of the property -- Section 14(1-A) further empowers the District Magistrate or the Chief Metropolitan Magistrate to “authorized any Officer subordinate to him” to take possession of the said assets. -- ADM delegated the Additional Commissioner of Police with a further power to delegate it to a Police Officer for taking the possession -- In addition, the petitioners were also deprived of their possession over movable assets (which were not hypothecated/ mortgaged). Possession of the immovable and the movable assets have been taken by the Government Authorities -- Remedy of issuance of a writ court be available as prima facie, there was a violation of the rights vested by virtue of Article 300A of the Constitution of India -- Writ petition allowed, however, with liberty to take possession in accordance with law strictly in terms of the mandate of Section 14 (1-A) of the SARFAESI Act. (Allahabad HC) Decided on: 12.03.2025

38. Scuffle between judicial officers -- Discharge of Probationer Judicial Officers – Rule of natural justice -- Order of discharge of services of petitioners as probationer are clearly stigmatic which required inquiry prior to discharge from service -- Since the order of discharge of service of petitioners is punitive in nature, the maxim of Audi alterm partem was required to be followed prior to their discharge. (Allahabad HC) Reserved on: 06.02.2025 Decided on: 10.03.2025

39. Quashing of FIR – Preliminary stage of investigation -- There is no absolute rule that even if the investigation is at a preliminary stage, the Court exercising jurisdiction u/s 482 of the Code of Criminal Procedure, 1973 cannot interfere. (SC) Decided on: 07.03.2025

40. Cheque bounce appeal -- Deposit of 20% of compensation – Mandate of -- Appellate court to determine financial condition directed the applicant/ appellant to submit ITR for the last 5 years -- Court has to consider that condition of deposit of 20% will not be unjust but also, the fact whether the imposing condition would amount to deprivation of the right of the appeal of the appellant -- No illegality in the impugned order. (Allahabad HC) Decided on: 07.03.2025

41. Liquidation of company – Adjustment of unearned income -- High Court seized of liquidation proceedings, there are other creditors -- It will not be appropriate to direct that a part of the amount paid towards consideration should be appropriated towards unearned income payable to the appellant -- Court cannot direct the funds available in liquidation proceedings for payment of the unearned income as large number of claims have been submitted. (SC) Decided on: 07.03.2025

42. Rape – Injury to prosecutrix – Requirement of law -- Merely because in the medical evidence, there are no major injury marks, this cannot a be a reason to discard the otherwise reliable evidence of the prosecutrix -- It is not necessary that in each and every case where rape is alleged there has to be an injury to the private parts of the victim and it depends on the facts and circumstances of a particular case -- Absence of injuries on the private parts of the victim is not always fatal to the case of the prosecution. (SC) Decided on: 07.03.2025

43. Discharge -- Accidental death – Causing death by negligence -- Culpable homicide not amounting to murder -- Allegations that accused persons had not taken proper care and caution by providing safety shoes, safety belt etc. -- Two deceased employees were undertaking the work of decoration of the front side of the shop -- As part of the said work, they were working on the sign board which was approximately at a height of 12 feet from the ground level -- While working on the sign board, they were struck by electricity as a result of which they got electrocuted and fell down resulting in multiple injuries leading to their death -- It was purely accidental -- On these basic facts, no prima facie case can be said to be made out against the appellants for committing an offence u/s 304A IPC, not to speak of Section 304 Part II IPC – Discharge application allowed. (SC) Decided on: 07.03.2025

44. Demand and acceptance – Presumption -- Prosecution failed to establish beyond all reasonable doubt, the demand of bribe and its acceptance, in a trap laid by the trap team of the ACB -- In that circumstance there is no question of a presumption u/s 20 arising in the case -- Conviction and sentence set aside. (SC) Decided on: 07.03.2025

45. POCSO – Greater punishment -- Section 42A of POSCO Act deals with the procedural aspects and gives an overriding effect to the provisions of the POCSO Act over any other law for the time being in force where, the two acts are inconsistent with each other -- Section 42A of POSCO Act, by no stretch of imagination, can be interpreted so as to override the scope and ambit of enabling provision, i.e., Section 42 of POCSO Act. (SC) Decided on: 07.03.2025

46. Dummy candidate in recruitment competitive exam -- Regular bail -- Since there must have been thousands of people who appeared for the exam, and the respondent-accused persons, for their own benefit, tried to compromise the sanctity of the exam, possibly affecting so many of those who would have put in earnest effort to appear in the exam in the hopes of securing a job – Respondents are not entitled to the benefit of bail – Appeal allowed, impugned judgment set aside -- Respondent-accused to surrender to surrender before the concerned Court in two weeks. (SC) Decided on: 07.03.2025

47. Suspension of sentence – Life imprisonment – Fixed term sentence – Consideration of -- Plea for suspension of sentence should be considered liberally if the sentence is for a fixed term and there are no other exceptional circumstances to decline -- However, if the sentence is of life imprisonment, then for the purpose of considering the plea for suspension of sentence, what should be looked into is something palpable on the basis of which, the appellate court can prima facie reach to the conclusion that there are all possible chances that the convict may get acquitted. (SC) Decided on: 07.03.2025

48. Execution of decree – Time limit of 6 months -- All the High Courts directed to call for the necessary information from their respective district judiciary as regards pendency of the execution petitions -- High Courts shall thereafter proceed to issue an administrative order or circular, directing their respective district judiciary to ensure that the execution petitions pending in various courts shall be decided and disposed of within a period of six months without fail otherwise the concerned presiding officer would be answerable to the High Court on its administrative side. (SC) Decided on: 06.03.2025

49. Eviction of tenant – Execution of order/ decree -- ‘Landlord’ has been defined as a person, who is entitled to receive the rent -- It is not synonymous with the word ‘Owner’ -- If the tenants/ appellants have any dispute with Landlord, then they have to establish their rights in the separate suit -- At this stage, only the Executing Court is required to deliver possession in favour of the decree holder. (P&H HC) Decided on: 06.03.2025

50. Contempt of Court -- Agreement to sell after Status quo order – Agreement to sell and acceptance of sale consideration despite the interim orders, held to be contempt of Court -- Respondent no. 1 to 4 held guilty of civil contempt, as defined under section 2(b) of the Contempt of Courts Act read with Rule-2(a) of the Order 39 of the Code of Civil Procedure, 1908 -- Unconditional apology tendered at the fag end of the proceedings, rejected – Fine of Rs.2,000/- on respondent no. 1 to 4 / Senior citizens each and costs of Rs.1,00,000/- as per Rule 21 of Contempt of Court (Gujarat High Court) Rules, 1984 imposed -- Agreement to sell held to be nonest and void ab initio, the same quashed and set aside. (Gujarat HC) Decided on: 05.03.2025