A. Code of Criminal Procedure, 1973, Section 482—Quashing of criminal proceedings—Successive challenge to order framing charge—Issue estoppel. Where the accused had earlier challenged the FIR, chargesheet and order framing charge under Section 482 CrPC, and the High Court, after considering the contention regarding absence of the original forged document, had declined to interfere, such order having attained finality, the accused could not re-agitate the same ground in a subsequent writ petition. The principle of issue estoppel bars re-agitation of an issue already directly raised and decided between the same parties in the same proceedings. A subsequent challenge cannot be maintained merely because the accused seeks to present the same objection in another proceeding under Section 482. [Paras 12–15]B. Indian Penal Code, 1860, Sec...
A. Prevention of Corruption Act, 1988, Sections 7, 13(1)(d)(i) and (ii)—Illegal gratification—Demand and acceptance—Proof—Sine qua non. Proof of demand of illegal gratification and its subsequent acceptance by the public servant is a sine qua non for establishing guilt under Sections 7 and 13(1)(d)(i) and (ii) of the Act. Mere acceptance or recovery of tainted money, dehors proof of demand, is not sufficient to sustain conviction. The prosecution must establish the demand/offer and acceptance as facts in issue, either by direct evidence or, where permissible, by circumstantial evidence. [Paras 13–14.3]B. Prevention of Corruption Act, 1988, Sections 7, 13(1)(d)(i) and (ii)—Demand and acceptance—Direct evidence—Circumstantial evidence—Proof. Constitution Bench decision in Neeraj Dutta explained that demand and acceptance o...
A. Constitution of India, 1950—Articles 21, 226, 227—CrPC, 1973, Sections 173(2), 173(8)—Fair investigation—De novo/reinvestigation by Constitutional Court—Scope and exceptional circumstances—Normally, after conclusion of investigation and submission of police report under Section 173(2) CrPC, the appropriate course is further investigation under Section 173(8). However, where a Constitutional Court is satisfied that investigation has not been conducted in a fair, proper and objective manner, or has been conducted in a manner shielding the real culprits or causing miscarriage of justice, it may, in exceptional circumstances, direct fresh/de novo investigation by an independent agency. Fair investigation is an integral component of the constitutional guarantee under Article 21 and cannot be sacrificed me...
A. Constitution of India, 1950—Article 22(1)—CrPC, 1973, Section 50—BNSS, 2023, Section 47—Grounds of arrest—Mandatory constitutional safeguard—Arrested person has a fundamental and statutory right to be informed of the grounds of arrest in writing and in a language understood by him, and a copy thereof must be furnished as a matter of course and without exception. Non-compliance with this mandate renders the arrest and consequential remand unconstitutional and illegal, and subsequent filing of charge-sheet or taking of cognizance cannot validate such an arrest. The requirement is not a mere procedural formality and the question of prejudice or demonstrable prejudice does not arise where the constitutional safeguard under Article 22(1) is violated. [Paras 23–23] B. Constitution of India, 1950&m...
A. Code of Criminal Procedure, 1973—Section 167(2)—Unlawful Activities (Prevention) Act, 1967—Section 43-D(2)—Extension of time for completion of investigation—Default bail—Scope of judicial interference—Investigation of a crime is primarily within the domain of the investigating agency—Court cannot ordinarily curtail the statutory power of police to investigate or declare investigation complete, except in an exceptional case on facts or where a statutory bar operates—Where further analysis of forensic, electronic and financial material remains necessary, investigation cannot be treated as complete merely because sufficient material exists to file a charge sheet. [Paras 30–32] B. Unlawful Activities (Prevention) Act, 1967—Section 43-D(2)(b)—Extension of investigati...
A. Land Acquisition Act, 1894—Section 28A—Redetermination of compensation—Limitation—Award of Reference Court—Section 28A can be invoked only on the basis of an award made by the Reference Court under Section 26 on a reference under Section 18—Limitation of three months commences from the date of such award and not from the date of an appellate order passed by the High Court under Section 54—An order in First Appeal does not ordinarily furnish a fresh cause of action or fresh period of limitation under Section 28A. [Paras 11, 13, 16, 29] B. Land Acquisition Act, 1894—Section 28A—Reference under Section 18 rejected without enhancement—Subsequent enhancement by High Court in First Appeal—Exception—Where the reference sought by other landowners under Section 18 is rejec...
A. Trade Marks Act, 1999—Section 134(1)—Infringement suit—Jurisdiction—District Court—Commercial Courts Act, 2015—Notification constituting Civil Judge (Senior Division) as Commercial Court—Section 134 prohibits institution of specified suits before a Court inferior to a District Court having jurisdiction to try the suit—Such legislative mandate cannot be diluted by a notification issued by a High Court under the Commercial Courts Act—Commercial Courts Act does not render Section 134 otiose merely because Civil Judge (Senior Division) is notified as Commercial Court. [Paras 2–5, 10] B. Commercial Courts Act, 2015—Sections 2(1)(c)(xvii), 3, 21—Trade Marks Act, 1999—Section 134—Special legislation and general legislation—Conflict of jurisdiction&mda...
Insolvency and Bankruptcy Code, 2016—Sections 218, 219, 220(2), (3)—Insolvency Professional Agency—Suspension or cancellation of registration—Investigation report—Requirement of investigation under Section 218 before issuance of notice under Section 219—Appellant contending that disciplinary committee could exercise power to suspend or cancel registration only upon examination of report of investigating authority and satisfaction regarding sufficient cause for penalty under Section 220(3)—Since Board had allegedly issued notice under Section 219 without appointing investigating authority or obtaining report under Section 218, legality of suspension order raised as a substantial issue before NCLAT....
A. Code of Civil Procedure, 1908—Order XIV Rule 2(1), (2)—Preliminary issue—Issue of law only—Scope—Court is ordinarily required to pronounce judgment on all issues; an issue may be tried first only where it is an issue of law relating to jurisdiction or a statutory bar and the suit or part thereof can be disposed of without adjudication of disputed facts—A mixed question of law and fact cannot be tried as a preliminary issue merely because it concerns limitation or jurisdiction. [Paras 16-20, 36] B. Code of Civil Procedure, 1908—Order XIV Rule 2(2)—Framing and trying issues—Stage for exercise of power—Framing of all issues does not by itself exhaust the Court’s power to direct a qualifying issue to be tried first, since postponement of settlement of other issues is disc...
A. Insurance Act, 1938—Section 64UM(2)—Fire insurance claim—Surveyor’s report—Evidentiary value—Surveyor’s report is not sacrosanct or conclusive, but is an important document for assessment and settlement of the claim; insurer may depart from it only for cogent reasons, and arbitrary or whimsical rejection of the report may constitute deficiency in service—However, where surveyors record detailed and material irregularities casting serious doubt upon the genuineness of the loss, the consumer forum cannot brush aside such reports without adequate consideration. [Paras 18-25]B. Insurance Act, 1938—Section 64UM(1-A), (2)—Appointment of second surveyor—Validity—An insurer is not prohibited from appointing a second surveyor, but such appointment cannot be made as a matter of course merely to obtain a report favourable ...
A. Motor Vehicles Act, 1988—Section 173(1)—Compensation—Permanent physical disability—Loss of future earning capacity—Permanent physical disability cannot mechanically be treated as equivalent to loss of earning capacity; Tribunal must consider the nature of injury, affected body part, occupation, duties performed and actual functional impact of disability upon earning capacity; where claimant resumed employment and no permanent functional disability or loss of income was established, no compensation for loss of future earning capacity was warranted. [Paras 16-19] B. Motor Vehicles Act, 1988—Section 173(1)—Compensation—Injured claimant—Loss of income—Where claimant remained away from employment due to accident-related injuries from 1-5-2014 to 15-6-2015, documentary and oral e...
A. Indian Penal Code, 1860—Sections 376(2)(i), 361—Rape of Minor—Kidnapping from Lawful Guardianship—Child Victim—Proof— The testimony of a child victim, if consistent and trustworthy on the essential features of the occurrence, can form the basis of conviction without mandatory corroboration—Minor variations regarding time, subsequent state of consciousness or persons accompanying the victim to hospital do not discredit the prosecution case when the core version remains intact—Conviction under Sections 376(2)(i) and 6 POCSO Act upheld. [Paras 5.2–5.9, 8–9] B. Protection of Children from Sexual Offences Act, 2012—Section 6—Penetrative Sexual Assault—Medical Evidence—Absence of Spermatozoa—Effect— Absence of spermatozoa in the vaginal swab do...
A. Code of Civil Procedure, 1908—Order I Rule 10—Order XXII Rules 3 and 9—Death of Plaintiff—Legal Representatives—Substitution—Impleadment— Legal representatives of a deceased plaintiff cannot ordinarily be brought on record as party-defendants under Order I Rule 10 by circumventing the specific mechanism of substitution prescribed under Order XXII—Where the legal heirs do not seek substitution in place of the deceased plaintiff, the consequences are governed by Order XXII, including abatement where applicable—The general power of impleadment under Order I Rule 10 cannot be employed as an alternative route to the statutory procedure under Order XXII. [Paras 13–15, 19–22] B. Code of Civil Procedure, 1908—Order VIII Rule 6A—Counter-Claim—Claim Against Co...
A. Code of Criminal Procedure, 1973—Section 438/ Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory bail—Extraordinary power—The power to grant anticipatory bail is extraordinary and must be exercised sparingly and cautiously; mere applicability of the general principle that bail is the rule does not make anticipatory bail a matter of right; Court must consider the nature and gravity of accusation, role of applicant, possibility of fleeing justice, tampering with evidence and impact on investigation; protection from arrest is warranted only in exceptional and fit cases. [Paras 6-9, 11] B. Code of Criminal Procedure, 1973—Section 438—Anticipatory bail—Investigation—Custodial interrogation—Arrest—Arrest ordinarily forms part of investigation for securing pre...
A. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 — Section 14-A(1) — Appeal against order rejecting final report, treating protest petition as complaint and taking cognizance — Maintainability of — An order which, though not final in form, effectively sets the criminal proceedings in motion and, if set aside, terminates the proceedings against the accused, is an intermediate order and not a purely interlocutory order — Consequently, an appeal U/s 14-A(1) is maintainable against such order. (Para 13 to 21) B. Code of Criminal Procedure, 1973 — Sections 190, 200 & 202 — Protest petition against final report — Rejection of Final Report and treatment of protest petition as complaint — Distinction between the two courses — On receipt o...
A. Negotiable Instruments Act, 1881—Sections 118(a) & 139—Presumption as to consideration and legally enforceable debt or liability—Admission of execution—Once the execution of a cheque is admitted or proved, the statutory presumptions under Sections 118(a) and 139 arise in favour of the holder—The burden shifts upon the accused to rebut the presumptions by leading direct or circumstantial evidence showing that no consideration or legally enforceable debt existed, or that its non-existence was so probable that a prudent person would act upon that supposition—A mere denial of the transaction or liability does not discharge the evidentiary burden. [Paras 13–16] B. Negotiable Instruments Act, 1881—Section 139—Security cheque—Defence of repayment—A plea that the cheque w...
A. Indian Penal Code,1860—Sections 147,148,149—Unlawful Assembly—Five or More Persons—Common Object—Proof— To attract Section 149 IPC,the prosecution must establish the existence of an unlawful assembly consisting of five or more persons at the place of occurrence—the mere fact that five persons were charge-sheeted is insufficient where the evidence does not establish their presence at the spot—where the prosecution evidence itself creates doubt regarding the presence of some accused,conviction with the aid of Section 149 cannot be sustained. [Paras 15–18] B. Indian Penal Code,1860—Sections 323,149—Assault—Injured Witness—Eye-Witness—Contradictory Attribution of Knife Blow—Benefit of Doubt— Though the testimony of an injured witness ordinari...
A. Narcotic Drugs and Psychotropic Substances Act,1985—Sections 20,29,37—Pre-Arrest Bail—Disclosure Statement of Co-accused—Financial Transaction—Prima Facie Material— Mere reliance upon a disclosure statement of a co-accused may not by itself justify denial of bail, but where the investigation discloses independent corroborative material such as a financial transaction through UPI connecting the applicant with the co-accused, the plea that the applicant is implicated solely on the basis of the disclosure statement cannot be accepted—the Court must consider the totality of the material collected during investigation. [Paras 13–18] B. Narcotic Drugs and Psychotropic Substances Act,1985—Section 37—Pre-Arrest Bail—Anticipatory Bail—Commercial Quantity—Co-accused...
A. Bombay Rents,Hotel and Lodging House Rates Control Act,1947—Section 12(3)(b)—Arrears of Rent—Regular Payment—Tender/Deposit—Mandatory Compliance— The requirement of payment or tender of rent “regularly” under Section 12(3)(b) is mandatory—the tenant seeking protection against eviction must pay or tender rent with reasonable punctuality at the intervals when it falls due—clock-like precision is not required,but persistent defaults for intervals of 2,3 or 4 months cannot be treated as substantial compliance—even subsequent clearance of all arrears does not confer discretionary power upon the Court to relieve the tenant from the statutory consequence. [Paras 8–8.1] B. Bombay Rents,Hotel and Lodging House Rates Control Act,1947—Section 12(3)(b)—Arrears o...
A. Payment of Gratuity Act,1972—Section 2(e)—Employee—State Government Employee—Exclusion—Other Act or Rules— An employee holding a post under the State Government is excluded from the definition of “employee” under the Payment of Gratuity Act where he is governed by another Act or Rules providing for payment of gratuity—the exclusion operates where the employee is already governed by a distinct statutory or rule-based gratuity regime—mere denial of a claim under the Government Rules does not by itself make Section 14 applicable. [Paras 14–20] B. Payment of Gratuity Act,1972—Sections 2(e),14—Overriding Effect—Applicability—State Government Employees—Gratuity under Government Orders— Section 14 of the Act gives overriding effect to the ...