Provisions of RTI Act are not meant to allow the parties to collect evidence from Public Authorities to sub­serve their private interest

As we have said above only the larger public interest duly established with relevant material which can override this confidentiality of the information and documents available with the Income Tax Department, but we fail to see even an iota of the public interest in this case. The tall claims made in the application about the alleged effort of the private Respondents to evade income tax under the garb of the claim of a status of their being agriculturists, particularly by a person who is admittedly in litigation over the same land in question with these Respondents, which is said to have been sold by them to the Petitioner as well as private Respondents. Therefore, the only interest of the Petitioner who has been fighting against these private Respondents at all possible forums including the RTI Act and criminal complaints appears to be the only private interest and the name of a public interest is just a ruse or excuse given to the public authorities calling upon them to disclose such 'information' to the Petitioner - Applicant. The provisions of the RTI Act

are not meant to allow the parties to collect evidence from such Departments or Public Authorities to sub­serve their private interest.[Para No.14]

Right to vote, contest or dispute election is not fundamental right

It is well settled that where a statute provides for election to an office, or an authority or institution and if it further provides a machinery or forum for determination of dispute arising out of election, the aggrieved person should pursue his remedy before the forum provided by the statute. While considering an election dispute it must be kept in mind that the right to vote, contest or dispute election is neither a

fundamental or common law right instead it is a statutory right regulated by the statutory provisions. It is not permissible to invoke the jurisdiction of the High Court under Article 226 of the Constitution by-passing the machinery designated by the Act for determination A of the election dispute. Ordinarily the remedy provided by the statute must be followed before the authority designated therein. But there may be cases where exceptional or extraordinary circumstances may exist to justify by-passing the alternative remedies. In the instant case, there existed no circumstances justifying departure from the normal rule as even the challenge to the validity of statute was not pressed by the respondents before the High Court.[Para No.6]

Rejection of application u/s.156(3) of CrPC does not bar the complainant to file second regular complaint case

Rejection of a complaint at the pre-cognizance stage under Section 156(3) Cr.P.C. does not debar institution of second regular complaint. It would be post-cognizance stage, if the

Magistrate takes cognizance on the original complaint or after rejection at pre-cognizance stage, if second complaint is filed by the complainant. In genuine cases, if averments of the complainant are true and trustworthy or these are found so after preliminary inquiry, then the Magistrate under section 156(3) Cr.P.C. may direct the S.H.O. to register F.I.R. and conduct investigation on the basis of averments of the complaint.[Para. No.7]

    The Magistrate may dismiss the complaint under Section 156(3) Cr.P.C. if by way of instituting complaint, defence version is created to absolve the complainant from the case registered earlier or on the basis of allegations made in the complainant, if dispute is purely of civil nature or the Magistrate considers that the complaint is false and frivolous. The Magistrate has to power to test the truth and veracity of the allegations levelled against the proposed accused persons and if there is no substance in the averments of the complainant then at pre-cognizance stage, the complaint may be dismissed under section 156(3) Cr.P.C.[Para No.8]

...........

     On the basis of facts narrated in the complaint, the complainant is capable to adduce evidence regarding alleged incident of misappropriation of property of government school and trees, etc., by the respondents. The respondents abused the complainant indicating his caste as per the facts narrated in the complaint. These facts may be proved by adducing evidence by the complainant. This fact that respondents are pressurizing the complainant to compromise the matter is within the knowledge of complainant, it may also be proved by the complainant by adducing evidence.[Para No.11]

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     On the basis of above discussions, this appeal is liable to be dismissed.[Para No.13]

...........

    Learned Second Additional Sessions Judge / Special Judge, (S.C./S.T. Act), Lakhimpur Kheri has considered the facts on the basis of which complaint under Section 156(3) Cr.P.C. was instituted by the complainant. At post cognizance stage the complainant may institute regular complaint on the basis of which, the learned Second Additional Sessions Judge/ Special Judge, (S.C./S.T. Act), Lakhimpur Kheri may record statement of complainant under Section 200 Cr.P.C. and the evidence under Section 202 Cr.P.C. and proceed according to law on regular complaint if instituted by the complainant. The impugned order dated 15.12.2020 will have no effect on the regular complaint, if instituted by the complainant[Para No.15]

Sub-Registrar cannot refuse registration of document only on the ground that the title of the transferor, in his opinion, is defective

Learned APP submitted that the 7/12 extracts of the lands which were transferred showed the words "Akari Pad" in the occupant's column which indicate that the lands belonged to the government. Sub-Registrar ought to have verified the 7/12 extracts (revenue records) and should have refused the registration of the sale deeds. Selling the government lands amounted to a fraud on the government and by registering the sale deeds without verification of revenue records the applicant has committed an offence. It is settled principle of law that entries in the revenue records (7/12 extracts in case of agricultural lands and property register cards in case of urban lands) are made for fiscal purposes. They do not confer nor take away the title. Entries in the 7/12 extracts, though may have some presumptive value under the Maharashtra Land Revenue Code, are not by themselves proof of title nor do they confer title. Therefore, the mere fact that the properties were shown as "Akari Pad" that by itself was not the proof that the government was the owner of the lands. Even assuming that the government was the owner of the lands, as I have already indicated earlier section 34 of the Act does not require nor does it empower the Sub-Registrar to enquire into the title and to satisfy himself about the title of the transferor. Under the Act the Sub-Registrar is not required, nay not entitled, to ask the transferor to produce 7/12 extracts, property register extract or the like showing the transferor to be the owner of the property.

If he refuses registration of a document on the ground that the revenue records do not show the name of the transferor as the owner he would be exceeding his powers under the Act. If all other requirements of registration prescribed by the Act and the Rules are complied with, the Sub-Registrar cannot refuse the registration of a document only on the ground that the title of the transferor, in his opinion, is defective, or that the name of transferor is not shown as owner in the revenue records.[Para No.5]

Litigants who, with an intent to deceive and mislead the Courts, initiate proceedings without full disclosure of facts, is not entitled to any relief, interim or final

Further, the petitioner has concealed from this Court several orders passed by this Court as well as other Courts. She has not come to Court with clean hands. It is well settled that litigants who, with an intent to deceive and mislead the Courts, initiate proceedings without full disclosure of facts, such litigants have come with unclean hands and are not

entitled to relief. In 'Dalip Singh vs. State of Uttar Pradesh &Ors.' [(2010) 2 SCC 114] the Supreme Court observed that:

"In the last 40 years, a new creed of litigants has cropped up. Those who belong to this creed do not have any respect for truth. They shamelessly resort to falsehood and unethical means for achieving their goals. In order to meet the challenge posed by this new creed of litigants, the courts have, from time to time, evolved new rules and it is now well established that a litigant, who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final".[Page No.9]

Arbitration agreement bears an independent existence, hence, it can be acted upon, even if the main contract is invalid

The second issue in SMS Tea Estates that a voidable contract would not be arbitrable as it affects the validity of the arbitration agreement, is in our view not the correct position in law. The allegations made by a party that the substantive contract has been obtained by coercion, fraud, or misrepresentation has to be proved by leading evidence on the issue. These issues can certainly be adjudicated through arbitration.

    We overrule the judgment in SMS Tea Estates with respect to the aforesaid two issues as not laying down the correct position in law.[Para No.6.9]

    The Garware judgment has followed the judgment in SMS Tea Estates. The Counsel for the Appellant has placed reliance on paragraph 22 of the judgment to contend that the arbitration clause would be non- existent in law, and unenforceable, till Stamp Duty is adjudicated and paid on the substantive contract.

    We hold that this finding is erroneous, and does not lay down the correct position in law. We have already held that an arbitration agreement is

distinct and independent from the underlying substantive commercial contract. Once the arbitration agreement is held to have an independent existence, it can be acted upon, irrespective of the alleged invalidity of the commercial contract.[Para No.6.10]

Court must give reasoning as to why it has accepted the contentions of one party and rejected those of other party

For the foregoing discussion, the finding of learned Commercial Court, Jammu that the said Court does not have territorial jurisdiction to entertain the instant petition under Section 9 of the Act filed by the appellant, does not deserve to be interfered with. However, the manner in which the Court below has passed the impugned judgment invites a comment. A perusal of the said judgment clearly shows that it is cryptic and devoid of any reason. The learned Court has only noted the pleadings and submissions of the parties and then without giving any reasoning as to why it has accepted the contentions of one party and rejected those of other party, it has drawn the conclusion against the petitioner.[Para No.28]

    Reasoning is the soul of a judgment. A judgment which is

devoid of reasoning would not be a judgment in accordance with the law. It is not sufficient for a Court merely to state in its judgment that on a careful consideration of the rival submissions of the parties, it has come to this or that conclusion. The material on record on a particular point for and against the parties to the case must be set out in the judgment and reasons stated for its acceptance or rejection. A Court has not only to state the points for determination and the decisions thereon, but also to give reasons for such decisions. All this is missing in the judgment passed by the learned Commercial Court, Jammu. Such type of judgments are not expected from a senior Judicial Officer of the level of a District Judge.[Para No.29]