A. Service Law—Disability Pension—Broad banding—Clarification of judgment—Scope of precedent—Common judgment dated 12-02-2026 in Union of India Through Its Secretary v. SGT Girish Kumar, Civil Appeal Nos. 6820-6824 of 2018, held ex-servicemen entitled to disability pension, including the benefit of broad banding with effect from 01-01-1996 or 01-01-2006, as applicable, together with interest at 6% per annum—Benefit granted in the factual context of the appeals decided therein, where entitlement to disability pension was undisputed and the ex-servicemen were already receiving such pension but sought its recomputation (Paras 2-4)B. Service Law—Disability Pension—Arrears—Limitation, delay and laches—Finality of earlier orders—Observations in a judgment cannot be read as statutory provisions or divorced from the factual ...
A. Criminal Procedure—Bail—Prolonged incarceration—Parity with co-accused—Group clash—Petitioner facing prosecution arising out of a group clash between two groups and incarcerated for one year and eight months—Two co-accused persons, namely Tanjim and Priyanshu Pandit, already granted bail—Considering the period of incarceration, the circumstances of the case and the material on record, petitioner held entitled to bail, subject to satisfaction of the Trial Court and such further conditions as may be imposed by it (Paras 1-3)B. Criminal Procedure—Bail—Apprehension of influencing witnesses—Restriction on entry into territorial jurisdiction—Having regard to the possibility of the petitioner influencing witnesses, bail granted subject to the condition that he shall not enter Deoband, District Saharanpur, except for atte...
A. Code of Civil Procedure, 1908 — Order VI Rule 17 — Amendment of pleadings — Real controversy test — Amendments necessary for determining the real questions in controversy should ordinarily be allowed, provided they do not cause injustice or prejudice to the opposite party or fundamentally alter the nature and character of the suit — Amendment seeking to incorporate facts concerning a compromise decree allegedly affecting a portion of the very property in dispute held, not to introduce an independent controversy unconnected with the original cause of action — Amendment rightly permitted in the interests of complete adjudication and avoidance of multiplicity of proceedings. (Paras 9–11.6, 14–14.1, 19–20)B. Code of Civil Procedure, 1908 — Order VI Rule 17, proviso — Commencement of trial — Due diligence — Subsequ...
A. Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of arbitrator — Non-signatories — Veritable parties to dispute — Determination whether a non-signatory is a veritable party to arbitration depends on the facts and circumstances of each case and cannot be governed by a rigid formula — Where the dispute concerned ownership of an immovable property acquired by a partnership and the validity of the appellants’ alleged retirement determined the rights of subsequent partners, such partners held, prima facie, to be veritable parties to the dispute, despite not being signatories to the original partnership deed containing the arbitration clause. (Paras 4–5, 14–17)B. Arbitration and Conciliation Act, 1996 — Section 7 — Arbitration agreement — Non-signatories — Intention to be bound — Absence of signat...
A. Tender — Bid Security — E-payment — Non-submission of original receipt — Impossibility of compliance — Perversity — Where bid security was remitted through the prescribed e-payment gateway and digital receipt uploaded with the bid, rejection for non-submission of original receipt was perverse, as funds had already been transferred to the respondent’s account and were under its control. Rigid adherence to tender conditions cannot be insisted upon where compliance is impossible and the requirement serves no further purpose. Impugned order set aside; respondents directed to facilitate payment of bid security, open appellant’s financial bid and finalise the tender in accordance with other conditions.B. Tender — Interpretation of bid documents — Judicial review — Limits of interference — Courts ordinarily defer to th...
A. Arbitration and Conciliation Act, 1996 — Section 11(6) — Appointment of arbitrator — Territorial jurisdiction — Seat and venue of arbitration — Distinction — Where the arbitration clause specifies more than one place for arbitral proceedings and the agreement separately confers exclusive jurisdiction on courts at another place, the juridical seat must be determined by construing the agreement as a whole — Mere specification of a place as the venue does not automatically make it the juridical seat — Applying the tests laid down in BGS SGS SOMA JV v. NHPC Ltd. and affirmed in Arif Azim Company Ltd. v. Micromax Informatics FZE, held, Delhi was merely the venue and Goa was the juridical seat in view of Clause 32.5 providing for arbitration proceedings at Goa and Clause 38 conferring exclusive jurisdiction on courts at Goa. ...
A. Contempt of Court — Civil contempt — Wilful disobedience of judicial directions — Prima facie case — Supreme Court’s earlier order dated 09.10.2026 directed the authorities to reconsider closure of Metro stations, regulate rather than impose an outright prohibition on public transport, issue traffic advisories and file a compliance report — Allegations of non-compliance, closure of Metro stations and railway facilities, absence of traffic advisories and undue harassment of the public held to disclose a prima facie case — Notice issued to alleged contemnors, directing counter-affidavits and compliance report — Personal appearance dispensed with in the meanwhile. (Paras 11–14)B. Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 163 — Prohibitory orders — Peaceful assembly — Illegal detention — Allegations of ...
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 163—Delhi Police Act, 1978—Section 70—Prohibitory orders—Public transportation—Metro and railway services—Absolute prohibition—Regulation—Proportionality. — An order issued under the statutory power to regulate public order cannot ordinarily justify an absolute prohibition upon essential public transportation merely on the apprehension of unruly mob movement—there is a material distinction between complete “prohibition” and reasonable “regulation” of Metro and railway services—where authorities apprehend disruption arising from a proposed protest, public transport may be regulated in a suitable manner consistent with the principle of proportionality, but an outright cessation of Metro services and trains warrants reconsideration. (Paras 2–8)B. Bharatiya ...
A. Protection of Children from Sexual Offences Act, 2012—Section 6—Aggravated penetrative sexual assault—Proof beyond reasonable doubt—Identity of accused—Victim witness—Material infirmities.—Conviction for an offence under Section 6 POCSO Act must rest upon evidence establishing guilt beyond reasonable doubt—Where victim, a specially-abled minor suffering from intellectual disability, and her cousin failed to identify the accused before the trial Court, victim admitted that the accused's name had been told to her by her mother and that she had been instructed by the Public Prosecutor as to what to state in Court, and there were material contradictions regarding the accused's relationship with the victim's family, identity of perpetrator remained doubtful—Medical evidence indicating genital injuries could not by itself c...
A. Delhi Land Reforms Act, 1954—Section 51(2)(a)(i), (ii)—Succession to Bhumidhar rights—Hindu widow who had inherited interest before commencement of Act—Applicable personal law—Held, expression “personal law applicable to her” is not frozen as on 20.07.1954, the date of commencement of the Act—For determining whether Section 51(2)(a)(i) or Section 51(2)(a)(ii) applies, relevant personal law is the law applicable on the date of death of the female Bhumidhar—Where widow was entitled only to a life estate under the law applicable at commencement of the Act, but her limited estate was subsequently enlarged into absolute ownership by Section 14(1), Hindu Succession Act, 1956, succession would be governed by Section 51(2)(a)(ii) and Section 53, and not Section 51(2)(a)(i) read with Section 50. (Paras 37.1, 38–40, 42–45)B...
A. Code of Criminal Procedure, 1973—Sections 397 and 401—Bharatiya Nagarik Suraksha Sanhita, 2023—Sections 438 and 442—Criminal revision—Scope of revisional jurisdiction—Revisional Court does not act as an appellate Court and cannot undertake an elaborate reappreciation of evidence or substitute its own conclusions for concurrent findings of conviction—Interference permissible where findings are perverse, grossly erroneous, unreasonable or legally untenable, based on irrelevant or no material, or where relevant material has been ignored or judicial discretion exercised arbitrarily (Paras 13-14)B. Indian Penal Code, 1860—Section 354—Outraging modesty of woman—Evidence of victim—Victim aged about six years at the time of incident—Minor discrepancies in her testimony and that of her cousin regarding the circumstances ...
A. Himachal Pradesh Police Act, 2007—Sections 114 and 115—Public intoxication and disturbance of public peace—Criminal trial—Examination of accused—Trial Court convicting accused for abusing police officials while allegedly intoxicated, with conviction affirmed by Appellate Court—Trial Court record showing that statement under Section 313 CrPC was stated to have been recorded, but no such statement was available on record—Failure to examine accused under Section 313 CrPC deprives him of valuable opportunity to explain incriminating circumstances appearing against him. (Paras 5-7, 15)B. Code of Criminal Procedure, 1973—Section 313—Examination of accused—Procedural safeguard—Non-compliance—Recording of statement under Section 313 CrPC is a valuable procedural safeguard enabling accused to explain circumstances appear...
A. Indian Penal Code, 1860—Sections 279, 337, 338 and 304-A—Rash and negligent driving—Appeal against acquittal—Scope of interference—Acquittal strengthens the presumption of innocence; appellate court should interfere only where the view taken by the Trial Court is perverse, impossible, wholly unsustainable or manifestly illegal—Where two reasonable views are possible, the view favouring the accused must prevail. (Paras 12-13, 34)B. Indian Penal Code, 1860—Sections 279, 337, 338 and 304-A—Motor accident—Proof of rashness and negligence—Mere allegation of high speed or testimony of witnesses describing the driving as negligent does not establish rashness or negligence—Prosecution must prove the specific act constituting breach of the duty of care; speed alone is not determinative, and negligence is a conclusion to be...
A. Indian Forest Act, 1927—Sections 41 and 42—Himachal Pradesh Forest Produce Transit (Land Routes) Rules, 1978—Rules 11 and 20—Unauthorised transportation of timber—Cognizability of offence—Trial Court acquitting accused on the ground that offence under Section 42 was non-cognizable and police could not file charge-sheet—Held, offence under Section 42 read with Rules 11 and 20 is cognizable in view of Prem Chand; however, correction of this legal error did not warrant reversal of acquittal in absence of evidence establishing transportation of timber from one revenue estate to another. (Paras 14-17)B. Indian Forest Act, 1927—Sections 41 and 42—Forest produce—Illegal transportation—Proof—Prosecution required to establish that timber was transported from one revenue estate to another—Evidence showing only that timb...
A. Code of Civil Procedure, 1908—Section 96—First appeal—Maintainability—Person aggrieved—A party can maintain an appeal only when aggrieved by the operative part of the judgment and decree—Where plaintiff’s suit was dismissed and decree passed in favour of defendants, defendants could not claim to be aggrieved merely because certain findings were recorded against them—Appeal filed by defendants held not maintainable. (Paras 14-19)B. Code of Civil Procedure, 1908—Appeal—Compromise between parties—Absence of counterclaim—Relief in favour of defendants—Where earlier compromise was rescinded and subsequent compromise was not implemented, finding that plaintiff was in unauthorised occupation of defendants’ land did not entitle defendants to a decree in their favour in the absence of any counterclaim—Remedy lay el...
A. Code of Criminal Procedure, 1973—Section 378(3)—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 419—Appeal against acquittal—Grant of leave to appeal—State challenging acquittal of accused of offences under Sections 9(m)/10 of the Protection of Children from Sexual Offences Act, 2012 and Section 506 IPC—High Court, at the stage of considering leave, required to examine whether a prima facie case or arguable points arise and not to finally determine whether acquittal would be set aside—Where evidence warrants deeper scrutiny and reappreciation, leave to appeal ought to be granted (Paras 11-14)B. Protection of Children from Sexual Offences Act, 2012—Sections 9(m), 10 and 29—Sexual assault on minor—Testimony of victim—Evidentiary value—Victim aged 10 years alleging sexual assault by respondent—Contradictions b...
A. Negotiable Instruments Act, 1881—Sections 118(a) and 139—Dishonour of cheque—Presumption as to consideration and legally enforceable debt—Rebuttal—Where execution of cheques is admitted, statutory presumptions arise that the cheques were issued for consideration and in discharge of a legally enforceable debt or liability; initial burden lies on accused to rebut such presumptions by leading cogent evidence or establishing a probable defence on the touchstone of preponderance of probabilities—Mere bald denial or plea that cheques were issued as security, without substantiating the same, is insufficient. (Paras 36-40)B. Negotiable Instruments Act, 1881—Section 138—Dishonour of cheque—Existence of legally enforceable debt—Documentary evidence—Complainant alleging sale of apples to accused and issuance of cheques towar...
A. Constitution of India—Article 226—Writ petition for recovery of contractual dues—Maintainability and entertainability—Distinction—Maintainability and entertainability are distinct concepts—Availability of an alternative remedy, including a civil suit or arbitration, does not oust the jurisdiction of the High Court under Article 226, but ordinarily constitutes a relevant consideration in exercising discretionary writ jurisdiction—A writ petition seeking monetary relief arising out of a contractual relationship is maintainable in an appropriate case, particularly where the liability is admitted and no detailed evidentiary inquiry is required—Principles laid down in Godrej Sara Lee Ltd. v. Excise and Taxation Officer-cum-Assessing Authority, 2023 SCC OnLine SC 95, Radha Krishan Industries v. State of Himachal Pradesh, (202...