(1) SUPREME COURT
A. Criminal Procedure—Bail (Sections 147, 148, 149, 307 IPC; 3, 25, 27 Arms Act, 1959)—Appellant, accused in FIR Case Crime No.216 of 2023, sought bail after over two years of incarceration—High Court of Allahabad had denied bail noting grievous firearm injuries to victim and alleged attempts by defence to delay trial—Supreme Court granted leave, observing contradictions in statements and that co-accused with overt acts were enlarged on bail. [Paras 1–3] B. Trial Proceedings—Delay and Conduct—Trial impacted by riot situation instigated by victim within Court premises; accused and counsel non-cooperation noted—Supreme Court held delay not attributable to appellant and prolonged incarceration serves no purpose pending trial. [Paras 4–5] C. Bail Conditions—Appearance and Trial...
(2) SUPREME COURT
A. Prevention of Money Laundering Act, 2002—Bail (Sections 3 & 4)—Appellant, a revenue inspector, accused in ECIR Case No.1 of 2023 under Sections 3 and 4, sought bail after being arrested on 14th April, 2023—High Court of Jharkhand had rejected bail; Supreme Court granted leave and considered facts and circumstances of the case. [Paras 2–5] B. Criminal Procedure—Trial in Progress—Evidence of 5 out of 31 proposed witnesses recorded—Nine co-accused, including a Deputy Commissioner allegedly involved in bribery, had been granted bail by this Court and High Court—Supreme Court observed further detention of appellant pending trial was unnecessary. [Paras 5–6] C. Bail Conditions—Compliance—Appellant granted bail subject to furnishing bail bonds and adhering to condit...
(3) SUPREME COURT
Conviction upheld
A. Prevention of Corruption Act, 1988—Sections 7 and 13(2)—Illegal gratification—Accused, an Excise Department constable, convicted for demanding and accepting bribe—Trap arranged by vigilance authorities and phenolphthalein powder test confirmed acceptance of tainted money—Oral testimonies of complainant and shadow witness corroborated prosecution case—Conviction upheld. [Paras 11–25] B. Prevention of Corruption Act, 1988—Defence contentions—Plea of enmity between complainant and accused and alleged contradictions in evidence rejected—Court held testimonies of complainant (PW-1) and shadow witness (PW-2) trustworthy and consistent with trap proceedings—Defence failed to produce material evidence to substantiate allegations of false implication. [Paras 8, 12–15] ...
(4) SUPREME COURT
A. Constitution of India, 1950—Article 32—Public interest litigation—Petition concerning welfare and protection of young working women—Petitioner had already represented the issues before competent authorities—Court observed that petitioner had sufficiently discharged his efforts and repeated approach to Court for a positive mandamus was unnecessary. B. Administrative directions—Authorities directed to consider earlier observations of the Supreme Court of India made in orders dated 24.02.2023 and 08.07.2024 in related writ petitions while formulating a Model Policy for protection and welfare of young working women. C. Policy formulation—Competent authority expected to consult all stakeholders and frame an appropriate model policy in accordance with observations of the Court—Court expre...
(5) SUPREME COURT
Appointment
A. Rights of Persons with Disabilities Act, 2016 (RPwD Act)—Section 33 & 34—Notification dated 4th January, 2021—Identification of posts suitable for persons with benchmark disabilities—Court directs consideration for appointment in appropriate categories based on the notification and the respondent's undertaking to accommodate. B. Rights of Persons with Disabilities Act, 2016 (RPwD Act)—Disability—Mental Illness and Specific Learning Disability—Post of Auditor in CAG—Identified as not suitable for persons with benchmark disabilities suffering from mental illness, but later identified as suitable for Group C posts of Assistant (Audit) and Auditor-II through Notification dated 4th January, 2021—Court directs accommodation in suitable Group C posts. C. Staff Selection Commi...
(6) SUPREME COURT
A. Constitution of India, 1950—Article 311(2), second proviso (b)—Dismissal from service without departmental inquiry—Requirement of “not reasonably practicable” to hold inquiry—Held, mere presumption or subjective belief of disciplinary authority insufficient—Decision must be founded on objective facts and material on record justifying dispensing with inquiry. B. Constitution of India, 1950—Article 311(2), second proviso (b)—Dispensing with departmental inquiry—Satisfaction of disciplinary authority not final and subject to judicial review—Courts can examine whether reasons recorded are relevant, plausible, and supported by definite material. C. Article 311(2), second proviso (b)—Police officer dismissed without inquiry while in custody—No material to sho...
(7) SUPREME COURT
Suspension of sentence
A. Code of Criminal Procedure, 1973—Suspension of sentence—Special leave petition against refusal by High Court of Telangana at Hyderabad to suspend sentence—Petitioner sought interim relief pending disposal of criminal appeal—Delay in filing condoned. B. Held, Court not inclined to interfere with High Court’s order refusing suspension of sentence—Special leave petition dismissed—No fault attributable to petitioner in delay noted. C. Liberty granted to petitioner to actively pursue criminal appeal before High Court—If High Court fails to decide appeal within one year from communication of this order, despite active pursuit by petitioner, he may renew application for suspension of sentence before High Court. D. Pending interlocutory applications, if any, are disposed of—Clarifi...
(8) SUPREME COURT
Anticipatory bail, Murder
A. Indian Penal Code, 1860—Sections 302 and 34—Murder—FIR lodged by father of deceased alleging involvement of several accused in killing of his son—Investigation and charge-sheet disclosed specific role of respondent-accused in the commission of offence—Existence of eye-witness attributing direct participation of accused in the alleged murder. B. Code of Criminal Procedure, 1973—Anticipatory bail—Respondent-accused granted anticipatory bail by the High Court of Judicature at Patna—Non-bailable warrants had already been issued and proceedings under Section 82 CrPC initiated against them—Despite such circumstances and ongoing efforts to arrest them, anticipatory bail granted on statement made by Assistant Public Prosecutor. C. Held, grant of anticipatory bail in a serious offence ...
(9) SUPREME COURT
A. Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 20(b)(ii)(C), 23(c), 24, 27A and 29—Conviction relating to commercial quantity of contraband—Application for suspension of sentence—Appellant convicted under NDPS Act and sentenced by Special Court—High Court declined suspension of sentence and bail during pendency of criminal appeal—Legality of such refusal examined. B. Code of Criminal Procedure, 1973—Suspension of sentence pending appeal—Appellant in custody for more than seven years—Appeal against conviction pending before High Court with no likelihood of early hearing—Prolonged incarceration during pendency of appeal held to be a relevant consideration for grant of bail. C. Appeal—Order of High Court of Judicature at Patna refusing suspension of sen...
(10) SUPREME COURT
Murder
A. Penal Code, 1860—Sections 302/149 & 148—Murder—Unlawful assembly—Common object—Vicarious liability—Deceased was chased and shot dead by a group of accused who had arrived together at the bus stand armed with firearms—After the first shot was fired, all accused chased the deceased into the house of a witness where multiple shots were fired resulting in death—Evidence of eye-witnesses consistently established that the accused persons had alighted from the same bus armed with weapons and acted in concert—Held, their conduct clearly established the existence of an unlawful assembly with a common object to kill the deceased—Under Section 149 IPC, participation as a member of the unlawful assembly is sufficient to attract liability even in absence of proof of specific overt act ...
(1) CALCUTTA
A. Administrative Law—Blacklisting—Petitioners banned from carrying out fumigation treatments under NSPMs-12 and 22 without prior notice or hearing—Clause 2.5 of NSPM-12 requires issuance of show cause notice and suspension thrice within five years before blacklisting—No suspension recorded for petitioners—Held, blacklisting order quashed for violation of natural justice and statutory guidelines. [Paras 5, 15, 28–29] B. Criminal Law—Presumption of innocence—Petitioners involved in ongoing criminal proceedings—Court held that presumption of innocence applies until guilt is proven after proper trial—Blacklisting based solely on allegations without adjudication impermissible. [Paras 17, 19, 28] C. Principles of Natural Justice—Blacklisting and banning without fair hearin...
(2) BOMBAY
A. Employees Compensation Act, 1923—Sections 2(1)(d), 4, and 8—Dependents and legal heirs—Original claimant deceased during pendency of proceedings—Claim initiated by deceased dependent survives and may be continued by legal representatives or heirs—Legal heirs need not independently qualify as dependents to be impleaded and pursue the claim. [Paras 12–18] B. Employees Compensation Act, 1923—Sections 4 and 8—Welfare legislation—Objective to provide financial relief for employment-related accidents—Claim should not extinguish merely due to claimant’s death during pendency—Legal representatives permitted to step into claimant’s place to ensure justice and fulfill purpose of Act. [Paras 19] C. Employees Compensation Act, 1923—Sections 2(1)(d), 4, and 8&...
(3) BOMBAY
A. Industrial Disputes Act, 1947—Sections 10(1)(c), 12(5), 25B and 25F—Workman entitled to protection against illegal termination—Petitioner employed as sweeper for over 11 years, alleged payment below minimum wages, harassment, and termination without notice or retrenchment compensation—Reference made by Deputy Commissioner of Labour for adjudication of reinstatement and back wages. [Paras 2–4, 11–14] B. Evidence and burden of proof—Muster rolls, salary vouchers, duty list, and oral testimony produced as secondary evidence—Labour Court allowed reliance on such evidence, drawing adverse inference against respondent for non-production of records—Respondent denied employer-employee relationship; court held existence of employment relationship established on preponderance of probabilit...
(4) BOMBAY
A. Employees Provident Funds and Miscellaneous Provisions Act, 1952—Section 8F—Recovery from third parties—Third party filed affidavit denying liability under Section 8F(3)(vi)—Held, statutory protection afforded to such affidavit—Authority cannot compel payment unless it proves that the sworn statement was false in a material particular—Burden of proof lies on the authority; suspicion alone insufficient. [Paras 19–21] B. Employees Provident Funds and Miscellaneous Provisions Act, 1952—Section 8F—Recovery from third parties—Authority must demonstrate that third party either owes money to employer or holds money for/on behalf of employer—Legal relationship under which funds are held must be real and identifiable—Recovery cannot be based solely on suspicion. ...
(5) CALCUTTA
A. Commercial Courts Act, 2015—Section 2(1)(c)(vii)—Commercial dispute—Suit arising out of agreement concerning immovable property used exclusively for trade or commerce—Plaintiff acknowledged existence of registered lease deed and accepted rent/occupation charges after expiry of lease—Issue involved interpretation of lease deed and jural relationship between parties—Held, suit qualifies as commercial dispute under Section 2(1)(c)(vii). [Paras 18, 24–29] B. Transfer of Property Act, 1882—Section 106—Lease agreement post notice under Section 106—Determination of jural relationship between landlord and tenant—Plaintiff claimed eviction of defendants as trespassers but referred to registered lease deed—Held, lease agreement must be interpreted to decide nature of rela...
(6) CALCUTTA
A. Arbitration and Conciliation Act, 1996—Section 34—Challenge to arbitral award—Tribunal relied on personal knowledge and expertise instead of material evidence—Held, such reliance violates fundamental policy of Indian law and principles of natural justice—Arbitral tribunal must adjudicate solely on evidence produced by parties and in accordance with contract terms. [Paras 17–59] B. Arbitration and Conciliation Act, 1996—Section 18—Equal treatment of parties—Tribunal applied double standards by accepting appellant’s pre-retrieval reports and discarding respondent’s post-retrieval reports without valid justification—Delay in producing reports corresponded with retrieval of Tunnel Boring Machine (TBM)—Violation of Section 18 observed. [Paras 61–71] C....
(7) CHHATTISGARH
A. Administrative Law—Canal Construction and Technical Expertise—Challenge to the alignment and execution of a canal project under the Rajeev Gandhi Sanwardhan Scheme was raised by appellants, contending that the project adversely affected them—The Court held that determination of whether the canal should follow a straight or curved alignment falls within the domain of technical experts—In the absence of arbitrariness, mala fide intent, or illegality, judicial interference is not warranted—The Detailed Project Report (DPR) was prepared following proper technical assessment and approved by competent authorities—The appellants failed to demonstrate any infringement of their fundamental rights—The dismissal of the writ petition by the Single Judge was upheld. [Paras 7–8] B. Administrative L...
(8) CHHATTISGARH
A. Constitution of India, 1950—Article 226—Judicial review of tender process—Rejection of technical bid for non-compliance with prescribed format for Pre-Contract Integrity Pact—Tender authority entitled to insist on strict adherence to terms and conditions of Notice Inviting Tender (NIT)—Rejection not arbitrary or irrational; court’s review limited to arbitrariness, mala fide, or discriminatory decisions. B. Government Order dated 27.11.2014—Tender process—Clause (iv) addresses scenario where multiple bids are received but only one qualifies technically—Such situation does not amount to a "single tender"—Financial bid of technically qualified bidder can be opened and considered—Award of work to sole qualified bidder held valid and not contrary to government or...
(9) PUNJAB & HARYANA
A. Constitution of India, 1950—Articles 226 and 227—Judicial review—Petition filed challenging award of Permanent Lok Adalat granting compensation under insurance policy—High Court held that interference in writ jurisdiction is limited and permissible only where there is patent illegality or perversity—Reasoned award based on evidence does not warrant interference. B. Legal Services Authorities Act, 1987—Section 22C—Cognizance of disputes by Permanent Lok Adalat—Award passed either on settlement or merits is final and binding on parties and deemed to be decree of civil court—Permanent Lok Adalat empowered to decide dispute on merits if parties fail to arrive at amicable settlement. C. Insurance claim—Death of insured due to fall at home causing cervical injury—Insurer...
(10) CHHATTISGARH
Criminal Law
A. Indian Penal Code, 1860—Section 120B—Criminal conspiracy—Essentials—Mere knowledge, association, or similarity of conduct does not establish conspiracy unless a prior agreement or meeting of minds is proved—Prosecution failed to establish existence of unlawful agreement supported by cogent evidence—Conviction for conspiracy set aside. [Paras 10–28] B. Indian Penal Code, 1860—Sections 420, 468, 471 and 477A—Prevention of Corruption Act, 1988—Sections 13(1)(d) and 13(2) read with Section 120B IPC—Appellant implicated solely on basis of deposit and withdrawal of Rs. 40,000 allegedly linked with co-accused bank employee—No evidence of involvement in broader fraudulent scheme or other transactions—Prosecution failed to prove guilt beyond reasonable doubt—...