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(1) SUPREME COURT
Additional evidence, Burden of Proof

A. Civil Procedure Code, 1908 (CPC)—Order 41 Rule 27—Additional Evidence—Appellate court may allow additional evidence only in exceptional circumstances, such as necessity for pronouncing judgment or substantial cause; parties do not have a right to introduce evidence at convenience—If existing evidence suffices, no additional evidence is required—High Court rightly rejected application lacking merit. [Paras 11.3, 11.4, 11.5, 11.15, 11.17] B. Adverse Possession—Against Government—Title cannot be claimed by adverse possession against the State/Union Government, regardless of duration of possession—Such rights are not recognized against the government. [Para 10(ii)] C. Evidence Act, 1872—Burden of Proof—Plaintiffs claiming ownership by ancestral property and continuous posses...

(2) SUPREME COURT

A. Criminal Procedure Code, 1973—Section 482—Quashing of Proceedings—High Court erred in denying quashing to father-in-law and mother-in-law when allegations were general and omnibus, similar to those quashed against sister-in-law; delay in lodging FIR and lack of specific acts indicated possible counter-blast to divorce petition—Proceedings against appellants quashed. [Paras 7, 8, 10, 11] B. Penal Code, 1860 & Dowry Prohibition Act, 1961—Sections 341, 323, 498A, 34; Sections 3, 4—Allegations against in-laws lacked specificity regarding acts, dates, or overt conduct; mere quarrels do not constitute criminal offence; continuation of proceedings not sustainable when identical to quashed allegations against another accused. [Para 7] C. Evidence Act, 1872—Burden of Proof—Criminal alleg...

Disposed of
(3) SUPREME COURT
Interim Bail

A. Criminal Procedure Code, 1973—Interim Bail—Arrest in FIR No. 426/2025—Petitioner granted interim bail in connection with FIR registered at Police Station City Barnala, District Barnala, Punjab, subject to execution of personal bond of ₹25,000 with one or more sureties of like amount. B. Cooperation with Investigation—Condition of Bail—Bail is conditional upon petitioner cooperating with the investigation and reporting to the Investigating Officer as and when required. C. Procedural Directions—Filing of Affidavits—Notice issued returnable in six weeks—Respondent permitted four weeks to file counter affidavit, followed by two weeks to petitioner for rejoinder—Counsel appearing for the State on advance notice; formal notice waived. ...

(4) SUPREME COURT
Criminal proceedings

A. Criminal Procedure Code, 1973—Quashing of Criminal Proceedings—Settlement Between Parties—Where parties have amicably settled their dispute arising out of criminal proceedings, the continuation of the trial would serve no useful purpose—In such circumstances, the Supreme Court may quash the proceedings to secure the ends of justice—Proceedings arising out of P.S. Case No. 608/2017 were accordingly quashed in view of the settlement between the parties. B. Criminal Proceedings—Cheque-related Dispute—Compromise—Criminal case initiated in relation to a cheque transaction was settled between the complainant and the accused—On confirmation of settlement before the Court, further continuation of the proceedings before the Chief Judicial Magistrate was held unnecessary. C. Appeal&mdas...

(5) SUPREME COURT
Quashing of Criminal Proceedings

A. Criminal Procedure Code, 1973—Section 482—Quashing of criminal proceedings—Dowry harassment case—Allegations against father-in-law and mother-in-law—Held, FIR contained only general and omnibus allegations without attributing any specific overt act—High Court quashed proceedings against sister-in-law on same reasoning but declined relief to appellants—Such differential treatment unjustified where allegations are identical—Continuation of proceedings against appellants unsustainable—Proceedings quashed. [Paras 7, 10–11] B. Criminal Procedure Code, 1973—Section 482—Dowry-related offences—Complaint filed nearly one year after husband instituted divorce proceedings—Delay coupled with absence of specific allegations against in-laws—Indication t...

Appeal allowed
(6) SUPREME COURT
Permanent Injunction

A. Code of Civil Procedure, 1908—Order XLI Rule 27—Additional evidence in appeal—Scope—Application for production of additional documents (General Land Register entries)—High Court decided appeal without expressly deciding application but rejected the same while dismissing review petition—Held, additional evidence cannot be permitted as a matter of right and is admissible only in circumstances specified under Order XLI Rule 27—Appellate court may allow such evidence only when necessary to remove a lacuna or enable pronouncement of judgment—Where sufficient material exists on record to decide appeal, additional evidence cannot be introduced to fill gaps in a party’s case—Rejection of application justified. [Paras 11.1–11.7, 11.15] B. Code of Civil Procedure, 1908&mda...

Appeal dismissed
(7) SUPREME COURT

A. Bail—Post-Conviction—Long Incarceration Pending Appeal—Appellant convicted under Sections 302 and 201 IPC and sentenced to life imprisonment had remained in custody for more than ten years—Considering prolonged incarceration and overall circumstances, the Supreme Court granted bail pending consideration of appeal. [Paras 4, 6] B. Criminal Appeal—Conviction Based on Circumstantial Evidence—Appellant contended that conviction was based solely on circumstantial evidence and that he had maintained satisfactory jail conduct and had not misused parole granted earlier—These factors were considered relevant while granting bail. [Para 4] C. Bail—Conditions of Release—Appellant directed to be released on bail subject to conditions to be imposed by the Additional Sessions Judge, Dwarka D...

Disposed of
(8) SUPREME COURT
Anticipatory bail

A. Criminal Procedure—Anticipatory Bail—Confirmation of Interim Protection—Petitioner, a 67-year-old woman, was granted interim protection earlier—Considering the overall facts and circumstances, the Court made the interim protection absolute and directed her release on anticipatory bail in connection with FIR registered at Police Station Thoi, District Sikar, under relevant provisions of the Bharatiya Nyaya Sanhita, 2023. [Para 2] B. Anticipatory Bail—Condition of Cooperation with Investigation—Bail granted subject to the condition that the petitioner shall appear before the Investigating Officer on the specified date and cooperate with the investigation. [Para 2] C. Special Leave Petition—Disposal—In view of the grant of anticipatory bail, the Special Leave Petition was disposed of, ...

Disposed of
(9) SUPREME COURT
Interim Bail

A. Contempt of Court—Interim Bail to Advocate—Undertaking and Apology—Advocate arrested for repeated ex facie contempt of court was produced before the Court—On request that he would tender an unconditional apology and undertake good conduct, the Court granted interim bail for one week, subject to satisfaction of the Paharganj Police Station or the concerned Metropolitan Magistrate—Continuation of interim bail made conditional upon filing an affidavit of unconditional apology and undertaking of future good behaviour, to be placed before Hon’ble Justice K.V. Viswanathan for consideration—Non-compliance to result in further listing of the matter. B. Supreme Court Bar Association—Election Reforms—Interlocutory Applications—Comparative chart of suggestions received regarding elect...

(10) SUPREME COURT
Contempt of Court

A. Artificial Intelligence (AI)—Use in Legal Proceedings—Reliance on AI-generated, non-existent, or fake judgments by a court is a serious matter affecting the integrity of the judicial process—Such reliance amounts to misconduct rather than a mere error of judgment—The Supreme Court has called for examination of accountability and institutional safeguards, issuing notice to the Attorney General, Solicitor General, and Bar Council of India. [Paras 1, 4, 7, 8] B. Contempt of Court / Misconduct—Adjudication Process—When a trial court bases its decision on AI-generated or synthetic judgments, it constitutes misconduct with legal consequences—This impacts the reliability and fairness of adjudication—Pending the Supreme Court’s consideration, the trial court was directed not to act on th...

(1) CALCUTTA
Rejection of plaint

A. Civil Procedure Code, 1908—Order VII Rule 11—Rejection of Plaint—Suit for declaration and injunction relating to property possession cannot be rejected merely on qualitative analysis of cause of action—Rejection under Rule 11 requires bar or non-disclosure to be evident on the face of the plaint—Extraneous documents not relied upon in plaint cannot be considered—Plaint disclosed sufficient cause of action; rejection set aside. [Paras 14, 31, 36, 60] B. Civil Procedure Code, 1908—Order VII Rule 11 Clause (d)—Legal Bar—Trial Judge failed to specify any legal bar apparent from the plaint—Previous suit relating to different premises does not bar subsequent suit unless identity of properties is conclusively established—Rejection under Clause (d) set aside. [Paras 37, 39, 4...

(2) CALCUTTA
Divorce

A. Hindu Marriage Act, 1955—Section 13(1)(i-a)—Mental Cruelty—Reckless and defamatory allegations by wife in pleadings and filing unsubstantiated complaints against husband and his family constitute mental cruelty—Husband entitled to decree of divorce on this ground. [Paras 35–37] B. Hindu Marriage Act, 1955—Section 13(1)(i-a)—Irretrievable Breakdown of Marriage—Long separation and mutual unwillingness to resume conjugal life demonstrate irretrievable breakdown, which amounts to cruelty to both parties—Decree of divorce granted on this ground. [Paras 39–41] C. Hindu Marriage Act, 1955—Section 13(1)(i-a)—Filing of Restitution of Conjugal Rights Suit—Filing such suit is not a precondition for obtaining a divorce decree; appellant-husband entitled to divorce ...

(3) HIMACHAL PRADESH

A. Negotiable Instruments Act, 1881—Section 138—Appeal Against Acquittal—Interference in appeal against acquittal is warranted only if judgment suffers from patent perversity, omission to consider material evidence, misreading of evidence, or no reasonable view exists other than guilt—High Court cannot overturn acquittal merely because an alternative view is possible. [Paras 11–13] B. Evidence Act, 1872—Sections 118 & 139—Presumption Attached to Cheque—Accused successfully rebutted statutory presumption by showing the cheque was handed to a third party as loan security—Defence evidence including repayment receipts and discrepancies in witness testimony sufficed to negate presumption. [Paras 6, 17, 18] C. Criminal Procedure Code, 1973—Section 313 (Section 481, Bharatiya ...

(4) HIMACHAL PRADESH

A. Indian Penal Code, 1860—Section 447—Criminal Trespass—Mere possession, even if illegal, does not constitute criminal trespass; prosecution must prove encroachment with intent to insult, intimidate, or annoy—Failure to establish such intent warrants acquittal. [Paras 6, 23, 25] B. Indian Forest Act, 1927—Section 26—Encroachment in Reserved Forest—Prosecution failed to prove land as reserved forest due to absence of proper notification and lack of vernacular circulation as required by law; no evidence linked the land to reserved forest status. [Paras 26, 27, 29, 30] C. Demarcation Evidence—Admissibility—Demarcation report lacking procedural description and conducted in the absence of accused is inadmissible to prove encroachment. [Paras 16, 18, 20, 22] D. Appeal Against Acqui...

(5) HIMACHAL PRADESH

A. Criminal Procedure Code, 1973—Section 378 (Section 481, Bharatiya Nagarik Suraksha Sanhita, 2023)—Appeal Against Acquittal—Interference in appeal against acquittal is warranted only where the judgment suffers from patent perversity, omission to consider material evidence, or misreading of evidence—If two reasonable views exist, the appellate court must not disturb the view favoring acquittal unless it is wholly unreasonable. [Paras 13–15] B. Indian Penal Code, 1860—Sections 452, 323, 506 read with Section 34—Acquittal of Accused—Appellate Court upheld acquittal where prosecution’s case was improbable and witnesses admitted accused were attending a marriage in another village at the relevant time—High Court correctly refrained from interference. [Paras 16–19] C. Evi...

(6) HIMACHAL PRADESH

A. Land Acquisition Act, 1894—Sections 4 & 18—Uniform Compensation—Land acquired for construction of an approach road to a new bus stand attracts enhanced compensation at a uniform rate across all land categories—Where acquisition is for the same public purpose, differentiation based on land type is impermissible; compensation must be equitable and uniform. [Paras 5, 9, 10, 15] B. Deduction in Compensation—Purpose of Acquisition—Deductions in compensation are not permissible when land is acquired for public welfare, such as road construction, which involves no profit or commercial gain—Deductions are valid only where acquisition serves developmental purposes with potential profit or commercial interest; welfare-oriented acquisitions require full compensation without any reduction. ...

Disposed of
(7) PUNJAB & HARYANA
Service Law

A. Service Laws—Family Pension Scheme—Karewa Marriage—Customary remarriage of a widow to her deceased husband’s brother (Karewa marriage) preserves family ties, provides care for minor children, and ensures support for aged parents—Such marriage cannot be treated as remarriage under service rules to disqualify widow from family pension. [Paras 13–16] B. Constitution of India, 1950—Article 21—Right to Life—Right to life includes dignified and meaningful existence—Family pension is a social security measure akin to wages relied upon by dependents for fiscal security—Denying pension due to Karewa marriage violates Article 21. [Paras 11–12] C. Service Laws—Family Pension Scheme—Beneficial Legislation—Family pension provisions must be interpreted pu...

(8) HIMACHAL PRADESH
Bail

A. Criminal Procedure Code, 1973 (CrPC)—Bail—Interim Bail Made Absolute—Petitioners joined investigation as directed by the court, no recovery was pending, and parties settled the dispute amicably by filing a petition to quash the FIR—Given that chances of conviction were remote, the interim bail granted earlier was confirmed. [Paras 3, 4, 10] B. Criminal Procedure Code, 1973—Bail—Principles for Granting Bail—Bail is grounded in the presumption of innocence; freedom of the accused cannot be curtailed indefinitely—Gravity of offence alone is not decisive; courts must balance multiple factors, including circumstances peculiar to the accused—The object of bail is to secure appearance at trial, not to serve punitive or preventative purposes. [Paras 5–9] C. Criminal Procedure Co...

(9) HIMACHAL PRADESH

A. Civil Procedure Code, 1908 (CPC)—Section 151 & Order 14 Rule 2—Preliminary Issues—Test for Determination—Issues can be treated as preliminary only if they can be decided purely on law without examining evidence and can dispose of the suit entirely, such as questions of jurisdiction or statutory bars—Mixed questions of law and fact, or law dependent on disputed facts, cannot be decided as preliminary issues. [Paras corresponding to Order 14 Rule 2] B. Civil Procedure Code, 1908—Order 14 Rule 2 (2)—Jurisdiction and Statutory Bar—Issues relating to jurisdiction or a statutory bar to the suit may be tried as preliminary issues if no evidence is required and the decision can lead to outright dismissal. C. Civil Procedure Code, 1908—Order 14 Rule 2 (1) & (2)—Mixed Issu...

(10) HIMACHAL PRADESH
Dishonour of cheque, Anticipatory bail

A. Negotiable Instruments Act, 1881—Section 138—Dishonour of Cheque—Compounding of Offence—Offence under Section 138 is compoundable. The High Court can compound the offence even after conviction, subject to compliance with Apex Court guidelines and conditions for compounding. [Paras 5–8] B. Negotiable Instruments Act, 1881—Section 147—Compounding Procedure—Parties can mutually agree to compound the offence after payment of the entire compensation amount—Upon such agreement, the accused may be acquitted and the conviction/sentence quashed. [Paras 7–8] C. Bhartiya Nagrik Suraksha Sanhita, 2023—Section 438—Anticipatory Bail / Criminal Revision—Criminal revision may be entertained against a conviction under Section 138 N.I. Act, but subsequent payment of enti...

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