(1) SUPREME COURT
Conviction
A. Penal Code, 1860—Section 302 r/w Section 34—Conviction—Converted to Section 304 Part I—Where the accused assaulted the deceased persons using the blunt side of weapons during a sudden altercation over land measurement, and no intention to kill was established, conviction under Section 302 IPC was held unsustainable—Held, in absence of intent to cause death but with knowledge that injuries could be fatal, conviction rightly converted to Section 304 Part I IPC. (Paras 8 to 15) B. Criminal Trial—Evidence—Sole Testimony of Related Witness—Medical Evidence Corroboration—Conviction can be sustained on the basis of the testimony of a related witness if found credible and corroborated by medical evidence—Though PW-1 was closely related to the deceased, his testimony was consistent...
(2) SUPREME COURT
Quashing of FIR
A. Code of Criminal Procedure, 1973—Section 154—Quashing of FIR—FIR registered under Section 12 of the Prevention of Corruption Act, 1988 was quashed by the High Court—Allegations against accused A4 were vague, uncorroborated, and bore no connection to the alleged bribery transactions—A4’s presence at the scene was not established—Held, no cognizable offence was disclosed against A4; hence, quashing of proceedings was justified. (Paras 3 to 8) B. Prevention of Corruption Act, 1988—Section 12—Bribery Allegation—Judicial Scrutiny—Allegation of offering bribe to influence voting in MLC elections was based on vague and disconnected statements—Held, mere suspicion or unsubstantiated claims cannot justify continuation of criminal proceedings—Supreme ...
(3) SUPREME COURT
Acquittal
A. Indian Penal Code, 1860—Sections 302, 120-B, 143, 201—Acquittal of accused by High Court—Trial Court conviction based on conjecture, unproven motive theories, last seen evidence, and unreliable recoveries—Supreme Court upheld acquittal, holding no evidence beyond reasonable doubt against accused. (Paras 3, 22, 24, 32, 33, 38) B. Indian Evidence Act, 1872—Section 27—Recovery evidence—Blood-stained chunni recovered from accused’s house found unreliable and insignificant—No forensic link to crime established—High Court rightly discarded recovery as planted and irrelevant. (Paras 26, 32) C. Indian Evidence Act, 1872—Sections 65-B and 27—Call detail records—Prosecution failed to produce mandatory certificate under Section 65-B to prove electronic e...
(4) SUPREME COURT
Appointment
Constitution of India—Article 233—Telangana State Judicial (Service and Cadre) Rules, 2023—Judicial Appointments—Recruitment of District Judges (Entry Level)—Validity of rule requiring seven years’ practice in the Telangana High Court or its subordinate courts upheld—Rule not violative of Article 233—Interpretation of "High Court" under Rule 2(k) confined to High Court for the State of Telangana, excluding practice in other High Courts—Retrospective application of 2023 Rules from 01.01.2023 held valid—As an exceptional measure, Supreme Court directed declaration of results and verification of credentials of certain candidates who qualified the exam—Appointments to be made without disturbing the 2023 Rules—No entitlement to arrears of salary; seniority to be ...
(5) SUPREME COURT
Quashing of FIR
Penal Code, 1860—Sections 498-A, 377, 506 r/w Section 34—Code of Criminal Procedure, 1973—Section 482—Quashing of FIR—In-laws of complainant sought quashing of FIR alleging cruelty and harassment—FIR contained vague, general allegations with no specific role attributed to the appellants—No prima facie case under Section 498-A made out against in-laws—Allegations under Sections 377 and 506 directed solely against the husband—Supreme Court held that continuation of proceedings would amount to abuse of process—Reiterated that under Section 482 CrPC, FIR must disclose specific, prima facie offences; vague and omnibus statements are insufficient to proceed. (Paras 8 to 12) Appeal Allowed. ...
(6) SUPREME COURT
Dishonour of cheque, Presumption
Negotiable Instruments Act, 1881—Sections 138, 139—Dishonour of cheque—Presumption—Once signature admitted, presumption arises that cheque was issued for discharge of debt—Burden shifts to accused to rebut by raising plausible defence—Mere assertion of financial incapacity of complainant without evidence insufficient—Non-response to statutory notice adverse to accused—Defence of blank cheque for bank loan held improbable. ...
(7) SUPREME COURT
Permission
Civil Procedure Code, 1908—Order XXXVII—Summary Suits—Leave to Defend—Procedural Compliance Mandatory—In a summary suit under Order XXXVII CPC, the defendant must obtain leave of the court before filing any defence or reply—Filing a response without seeking leave is a procedural irregularity that vitiates the proceedings—The distinction between regular civil suits and summary suits must be strictly observed—High Court order permitting the defendant to file a reply without leave was held unsustainable—Liberty granted to parties to pursue remedies strictly in accordance with Rule 3 of Order XXXVII. (Paras 6, 9, 10) ...
(8) SUPREME COURT
Appointment
A. Recruitment Rules—Applicability and Conflict—Assam Government Aided Junior College Management Rules, 2001 vs. Assam Secondary Education (Provincialisation) Service Rules, 2003—Where the recruitment process was initiated under the 2001 Rules for aided institutions, applying Rule 19(iv) of the 2003 Rules to invalidate the appointment is impermissible, especially when the recruitment advertisement did not specify the applicable rules—The resolution of the Governing Body and the Government’s exercise of discretion in condoning over-age of the selected candidate were upheld as valid—No illegality found in the appointment process. (Paras 2, 6) B. Service Law—Reinstatement and Continuity—Effect of Litigation—Upon successful challenge, the appellant was reinstated with continuity of...
(9) SUPREME COURT
Quashing of proceeding
A. Criminal Procedure Code, 1973 (CrPC)—Section 482—Inherent Powers of High Court—Quashing of proceedings—Abuse of process of law—Held, FIR or complaint allegations, even if taken at face value, do not constitute an offence or make out a case against accused, warrant quashing. (Para 11.1) B. CrPC, 1973—Section 482—Inherent Powers—Quashing—Maliciously instituted proceedings—When manifestly mala fide and motivated by private grudge or vengeance, including disputes essentially civil but cloaked with criminal colour. (Para 11.1(7)) C. CrPC, 1973—Section 482—Quashing—Abuse of process—High Court empowered to quash proceedings where initiated with malice, vexation, or where allegations are absurd or inherently improbable. (Para 17) D. Criminal proceeding...
(10) SUPREME COURT
Arbitral award
A. Arbitration and Conciliation Act, 1996—Section 31(7)(a) & (b)—Interest on Arbitral Awards—Party Autonomy—Where the contract between the parties expressly stipulates interest at a specified rate (21% p.a.) from the date of disbursement until repayment, the arbitral tribunal is bound to award interest in accordance with such terms—Tribunal's discretion under Section 31(7)(a) is overridden by the parties’ agreement—Further claim for compound interest or additional post-award interest under Section 31(7)(b) is impermissible once interest till repayment is already awarded—Neither the tribunal nor the court has authority to rewrite or expand the award beyond the contractual framework. (Paras 25.3, 28–31) B. Execution of Arbitral Award—Scope and Limits—No Modifi...
(1) UTTARAKHAND
Code of Criminal Procedure, 1973—Section 482—Application to quash summoning order dated 13.02.2017 and entire proceedings in Complaint Case No. 26 of 2017 under Section 138 of the Negotiable Instruments Act, 1881—Maintainability of complaint questioned on grounds of prior stop-payment instructions and premature filing of complaint. Negotiable Instruments Act, 1881—Sections 138 & 139—Cheques reported lost and stop-payment instructions issued on 12.07.2016, confirmed by bank on 15.07.2016—Alleged issuance of cheque dated 05.12.2016 thereafter—Dishonour shown as "insufficient funds"—Held, cheque having been rendered incapable of encashment prior to alleged date of issue, no offence under Section 138 made out—Raj Kumar Khurana v. State (NCT of Delhi), (2009) 6 SCC 72, foll...
(3) CALCUTTA
Criminal Liability of Corporate Employees under Sections 138 & 141 of the Negotiable Instruments Act (N.I. Act)—The liability of an employee or director under Section 138 of the N.I. Act for dishonour of cheque can be fastened only if such person was in charge of and responsible for the company’s operations at the material time—Mere past association or resignation prior to the alleged offence negates vicarious liability under Section 141—The complainant must establish specific knowledge and authority of the accused at the relevant time—Evidence without personal knowledge or proper authorization fails to sustain the complaint—In appeals against acquittals, the High Court’s power to reappreciate evidence is qualified; acquittals should not be reversed without demonstrating illegality or perversi...
(4) CALCUTTA
Enhancement of maintenance
Code of Criminal Procedure, 1973—Section 127—Enhancement of Maintenance—Maintainability of Application under Section 127 CrPC after Grant of Permanent Alimony under Hindu Marriage Act—Delay in Disposal—Retrospective Effect—There is no bar to maintain an application for enhancement of maintenance under Section 127 CrPC even after a decree for permanent alimony under Section 25 of the Hindu Marriage Act, 1955, provided a change in circumstances is established—Proceedings under both statutes operate in distinct legal spheres and serve the overarching object of ensuring sustenance and social justice for the claimant spouse—In the present case, while the maintenance enhancement application was filed in 2012, the Ld—Magistrate disposed of it only in 2024, granting enhanced maintenance of ₹...
(5) MADHYA PRADESH
Hindu Marriage Act, 1955—Section 12(1)(c)—Annulment of marriage—Allegation of fraud in consent—Misrepresentation of educational qualification—Scope of "fraud" under Section 12(1)(c)—Consent to marry—Whether vitiated by misrepresentation about technical qualification—Reiterated, fraud under Section 12(1)(c) must relate to the nature of the ceremony or material fact or circumstance concerning the respondent that induced the marriage—General misrepresentation not sufficient unless it affects real consent—Allegations of fraud not proved—Trial Court rightly dismissed petition—Appeal dismissed—The appellant-husband filed a petition under Section 12(1)(c) of the Hindu Marriage Act seeking annulment of marriage on the ground that his consent was obtained by fr...
(6) UTTARAKHAND
Temporary Injunction
Civil Procedure Code, 1908—Order 39 Rule 2A—Disobedience of Temporary Injunction—Direction for Expeditious Disposal—Judicial Order to Expedite Long-Pending Misc—Where an application under Order 39 Rule 2A CPC alleging disobedience of a temporary injunction granted in a civil suit has remained pending since 2019, despite objections having been filed, the High Court may intervene under writ jurisdiction to ensure timely adjudication—In this case, the petitioner sought a direction to the Civil Judge (Junior Division), Bajpur, to decide Misc. Civil Case No.01 of 2019 expeditiously—Considering the long pendency and the innocuous nature of relief sought, the Court directed the trial court to expedite the hearing and decide the application, preferably within one year from the date of production of the ce...
(7) UTTARAKHAND
Election
Constitution of India—Articles 243Q & 243U—Reclassification of Urban Areas—Municipal Elections—Judicial Review—Transfer and Consolidation of Petitions—Once an area is notified as a municipal area under Article 243Q of the Constitution due to urbanisation, the State Government cannot arbitrarily reclassify it as a rural area or Nagar Panchayat without valid justification or fresh material—Notifications excluding Siroli Kalan from Kichha Municipality and declaring it a transitional area (dated 03.09.2024 and 19.05.2025) were challenged for being contrary to earlier urban status and issued without proper planning rationale—The constitutional mandate under Article 243U for timely municipal elections cannot be defeated by such reclassification—Interim orders were passed staying further ...
(8) UTTARAKHAND
Decree
Civil Procedure Code, 1908—Order 9 Rule 13—Ex-parte Decree—Application for setting aside ex-parte decree rightly dismissed—Appellant failed to prove lack of notice or sufficient cause for non-appearance—Service of summons established via registered post and newspaper publication—Mere plea of ignorance of proceedings insufficient—Appellant lacked locus standi, having already sold the disputed property prior to filing application—Subsequent purchasers already pursuing remedy via appeal—No illegality or jurisdictional error found in trial court’s well-reasoned order—Appeal dismissed. [Paras 3–8] ...
(9) UTTARAKHAND
Anticipatory bail
Bharatiya Nyaya Sanhita, 2023—Sections 109, 126(2), 190, 191(2), 191(3), 352—Anticipatory Bail—FIR alleges brutal assault on informant’s brother by co-accused using sticks and weapons, causing severe injuries including head stitches, fractures, and eardrum damage—Applicant not named in FIR—Alleged false implication during investigation—Co-accused already granted interim bail—Considering facts, interim anticipatory bail granted subject to conditions—State granted time to file objections—Matter listed for final hearing. [Paras 2 to 7] ...
(10) UTTARAKHAND
Anticipatory bail
Indian Penal Code, 1860—Section 306—Anticipatory Bail—Allegation that deceased committed suicide due to beating and financial pressure by applicants—FIR alleges assault on 04.12.2022 and suicide on 05.12.2022—Applicants allegedly demanded Rs. 2 lakhs while deceased claimed liability was only Rs. 50,000—No specific allegation of direct incitement, provocation or abetment to commit suicide—Applicants were not arrested during investigation—Interim protection earlier granted in writ proceedings—Charge-sheet filed—No likelihood of tampering with evidence—Applicants permanent residents—Anticipatory bail granted subject to conditions. [Paras 2 to 9] ...