A. Negotiable Instruments Act, 1881—Section 138—Dishonour of cheque—Financial capacity of complainant—Complainant alleged advancement of a loan of Rs. 7,00,000/- to the accused but failed to establish his financial capacity to lend such amount—Evidence showed that the complainant was included in the IRDP/BPL list, reflecting a monthly income of less than Rs. 2,500/-—In the absence of satisfactory proof regarding the source of funds, the statutory presumption stood effectively rebutted—Held, the accused successfully discharged the burden on the standard of preponderance of probabilities and was entitled to acquittal. [Paras 22–26] B. Criminal Procedure Code, 1973—Section 397—Revisional jurisdiction—Scope of interference—Revisional Court cannot function as a Court of...

A. Indian Penal Code, 1860—Sections 341, 354 and 506—Appeal against acquittal—Prosecution case based primarily on the testimony of the informant—Informant's version not corroborated by independent evidence—Material contradictions regarding identity of witnesses and sequence of events—No reliable supporting evidence establishing prosecution case—Held, appellate court rightly extended benefit of doubt and acquitted the accused—No interference warranted as the acquittal was a plausible and legally sustainable view. [Paras 13, 14, 16, 30, 31] B. Criminal Procedure Code, 1973—Section 161 (corresponding to Section 181 of the Bharatiya Nagarik Suraksha Sanhita, 2023)—Statements recorded by police—Evidentiary value—Statements under Section 161 CrPC are not substantive ...

A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 497; Banning of Unregulated Deposit Schemes Act, 2019—Section 13(2)—Release of Seized Vehicle—Registered owner of a seized vehicle is entitled to interim custody where no provisional attachment order has been passed by the competent authority under the Deposit Act—Release cannot be withheld merely because the vehicle was seized during investigation and shall be subject to appropriate conditions, including execution of a sapurdari bond, production of the vehicle as and when required, and non-alteration of its identity. [Paras 9–12] B. Banning of Unregulated Deposit Schemes Act, 2019—Section 32(2); Criminal Procedure Code, 1973—Search, Seizure and Release of Property—Search and seizure under the Deposit Act are governed by the provis...

A. Criminal Procedure Code, 1973—Section 391 (Corresponding to Section 432, Bharatiya Nagarik Suraksha Sanhita, 2023)—Additional Evidence in Appeal—Appellate Court may admit additional evidence only where it is essential for a just decision of the appeal—The power is exceptional and cannot be exercised to fill lacunae in the defence, permit a de novo trial, or alter the nature of the case—The Court must consider due diligence, relevance, and necessity before allowing such evidence. [Paras 10–12, 15, 18] B. Criminal Procedure Code, 1973—Section 482 (Corresponding to Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023)—Inherent Powers—The High Court's inherent jurisdiction is to be exercised sparingly and only to prevent abuse of the process of law or secure the ends of justice&...

A. Service Law—Departmental Proceedings—Punishment of Compulsory Retirement—Punishment of compulsory retirement imposed on charges relating to manipulation of revenue records was quashed where the findings of the Inquiry Officer were based on no evidence, ignored the delinquent employee's defence, and were vitiated by procedural irregularities and violation of principles of natural justice—Employee held entitled to reinstatement with consequential benefits, including back wages and promotion. [Paras 19–28] B. Service Law—Departmental Inquiry—Proof of Charges—Examination of witnesses is a condition precedent for proving charges and relied-upon documents in disciplinary proceedings—Mere production of documents does not amount to proof, even in an ex parte inquiry—Failure to ...

A. Employees' Compensation Act, 1923—Section 4A(2)—Interest on Compensation—Liability of Insurer—Exclusion of the insurer's liability to pay interest is not absolute but conditional—The insurer must establish non-compliance by the employer or claimant with the statutory requirements under the Act—In the absence of specific pleadings or evidence proving such default, the insurer remains liable to pay interest on the compensation awarded. [Paras 9, 13, 14] B. Employees' Compensation Act, 1923—Section 4A(2)—Exclusion Clause—An exclusion clause relieving the insurer from liability to pay interest must be construed strictly, while coverage provisions are to receive a liberal interpretation—The burden of proving the applicability of the exclusion rests on the insurer. [P...

A. Arbitration and Conciliation Act, 1996—Contract Termination—Employer's Right to Continue Work—Employer's right under the termination clause to execute the remaining work itself or through a third party arises only after the contractor fails to comply with its post-termination obligations within the stipulated period—Until expiry of the contractual compliance period, such right cannot be invoked. [Paras 27–34] B. Arbitration and Conciliation Act, 1996—Contract Termination—Employer's Lien—Employer's lien over the contractor's equipment and materials can be exercised only after completion of the final settlement process and determination of outstanding dues—Mere termination of the contract does not automatically confer lien rights. [Paras 25–30] C. Arbit...

A. Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997—Land Acquisition for Public Purpose—Acquisition of land for the Morappur–Dharmapuri New Broad-Gauge Railway Line was upheld as being in furtherance of a public purpose—Held, individual rights must yield to larger public interest where acquisition is in accordance with law and fair compensation is provided—Courts will not interfere with technical matters such as railway alignment absent mala fides or patent arbitrariness. [Paras 6–7] B. Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997—Objections to Acquisition—Challenge based on alleged procedural irregularities and defective notification was rejected where the landowner failed to avail the opportunity of personal hearing—Any residual prejudice stood ...

A. Indian Penal Code, 1860—Sections 307 & 325—Attempt to Murder—Conviction under Section 307 IPC upheld where the injured eyewitness's testimony was found reliable and stood corroborated by medical evidence—In cases based on direct eyewitness evidence, absence of proof of motive is not fatal to the prosecution. [Paras 12–18, 34–36] B. Indian Penal Code, 1860—Sections 307, 325 & Section 71—Sentencing—Where the act and intention of the accused constitute the offence of attempt to murder under Section 307 IPC, separate punishment under Section 325 IPC for the same injuries is unwarranted in view of Section 71 IPC. [Paras 36–38] C. Evidence Act, 1872—Section 27—Disclosure Statement—A disclosure statement leading only to the rediscovery of facts or ...

A. Negotiable Instruments Act, 1881—Section 138—Dishonour of Cheque—Validity of Cheque—A cheque drawn on the erstwhile State Bank of Patiala and presented after its merger with the State Bank of India, beyond the validity period prescribed by Government and Bank notifications, was not a legally valid cheque—Dishonour of such cheque could not attract Section 138 of the Act—Conviction and sentence were accordingly set aside. [Paras 19–22] B. Criminal Procedure Code, 1973—Section 397—Revisional Jurisdiction—Revisional jurisdiction is confined to correcting jurisdictional errors, patent illegality, or perversity in findings—The High Court cannot reappreciate evidence as an appellate court unless the impugned findings suffer from manifest illegality or gross miscarriage of ju...