Case Note & Summary
The present appeals arise out of a common final judgment and order dated July 16, 2024, passed by the Division Bench of the High Court of Judicature at Bombay in Appeal No. 10 of 2023. By the said judgment, the High Court dismissed a group of four appeals, including the one filed by the appellant herein, challenging an order of a learned Single Judge which directed a court-monitored criminal investigation into the conduct of the parties with the estate of the deceased testator. The genesis of this multi-layered litigation lies in the competing claims over the estate of Purvez Burjor Dalal, a Parsi Zoroastrian inhabitant of Mumbai, who passed away on 07.12.2011. The deceased was a bachelor and left behind substantial movable and immovable properties, the valuation of which is estimated to be over Rs. 100 Crores. Following the death of the testator, two rival Wills surfaced. The first Will, dated 22.11.2010, was propounded by Shernaz Faroukh Lawyer (respondent No. 1) and her mother, the late Villy Pirojsha Avasia (respondent No. 2). Under this Will, the respondents claimed to be the executrices and beneficiaries of the estate. Conversely, a second Will, dated 08.09.2011, was propounded by Manek Dara Sukhadwalla. This later Will purportedly bequeathed the entire estate to charitable purposes and appointed Mr. Sukhadwalla as the sole executor. Both parties filed testamentary petitions for probate of the respective Wills. During the pendency of these proceedings, the respondents filed an application before the learned Single Judge seeking a court-monitored criminal investigation into the conduct of the parties with the estate. The learned Single Judge allowed the application and directed a court-monitored investigation. The appellant and other parties appealed to the Division Bench, which dismissed the appeals. Hence, the present appeals before the Supreme Court. The legal issues considered were whether a civil court, in a testamentary proceeding under the Indian Succession Act, 1925, can direct a court-monitored criminal investigation into the conduct of parties with the estate of the deceased testator. The appellant argued that the learned Single Judge exceeded his jurisdiction by invoking Section 482 of the Code of Criminal Procedure, 1973, which is not available to a civil court. The respondents contended that the order was necessary to protect the estate and prevent abuse of process. The Supreme Court analyzed the scope of inherent powers of civil courts and held that a civil court does not possess inherent powers under Section 482 CrPC to direct a criminal investigation. The Court reasoned that such powers are exclusively vested in the High Court or the Court of Session under the CrPC, and the learned Single Judge erred in invoking Section 482 CrPC. The Court further held that the testamentary court's jurisdiction is limited to granting or revoking probate and letters of administration under the Indian Succession Act, 1925, and cannot direct a criminal investigation. The Supreme Court allowed the appeals, set aside the impugned judgment of the Division Bench and the order of the learned Single Judge, and directed that the testamentary proceedings continue in accordance with law.
Headnote
A) Civil Procedure - Inherent Powers - Criminal Investigation - A civil court does not possess inherent powers under Section 482 of the Code of Criminal Procedure, 1973, to direct a court-monitored criminal investigation. Such powers are exclusively vested in the High Court or the Court of Session under the CrPC. The learned Single Judge erred in invoking Section 482 CrPC to order an investigation into the conduct of parties with the estate of the deceased testator. (Paras 10-15) B) Succession Act - Testamentary Proceedings - Scope of Civil Court - Under the Indian Succession Act, 1925, a testamentary court's jurisdiction is limited to granting or revoking probate and letters of administration. It cannot direct a criminal investigation, as that falls within the domain of criminal law and the Code of Criminal Procedure, 1973. The Division Bench of the High Court erred in upholding the Single Judge's order. (Paras 16-20) C) Criminal Procedure Code - Section 482 - Applicability - Section 482 of the Code of Criminal Procedure, 1973, which saves the inherent powers of the High Court, is not available to a civil court or a Single Judge of the High Court exercising civil jurisdiction. The power to order a criminal investigation is governed by Sections 156(3) and 202 of the CrPC, which are not within the purview of a civil court. (Paras 10-15)
Issue of Consideration
Whether a civil court, in a testamentary proceeding under the Indian Succession Act, 1925, can direct a court-monitored criminal investigation into the conduct of parties with the estate of the deceased testator.
Final Decision
The Supreme Court allowed the appeals, set aside the impugned judgment of the Division Bench and the order of the learned Single Judge, and directed that the testamentary proceedings continue in accordance with law.
Law Points
- Civil court lacks inherent power to order criminal investigation
- Testamentary court cannot direct criminal investigation
- Section 482 CrPC not available to civil courts
- Succession Act proceedings are civil in nature
- Criminal investigation must be initiated by police or magistrate under CrPC
