A. Electricity Act, 2003—Sections 126, 135(1A) and 154(5)—Theft of electricity—Assessment of electricity charges—Restoration of supply—HELD—In cases of theft of electricity, the expression “assessed amount” in the third proviso to Section 135(1A), for restoration of disconnected supply, must be determined by adopting the assessment procedure prescribed under Section 126 read with the applicable Supply Code, in the absence of a specific procedure for theft cases—Theft of electricity constitutes unauthorised use, though every instance of unauthorised use does not amount to theft—Assessment under Section 126 may proceed alongside criminal prosecution under Section 135, without displacing the Special Court’s power to determine civil liability under Section 154(5). (Paras 30-36)B. Electricity Act, 2003—Sections 126, 127...
A. Land Acquisition Act, 1894—Section 3(f)(vi)—Acquisition of land for housing scheme of Co-operative Society—Prior Government approval—Public purpose—HELD—Acquisition of privately owned land for implementing a housing scheme sponsored by a Co-operative Society can qualify as a public purpose only where the appropriate Government grants prior approval to the actual housing scheme, including its layout plan, demarcated sites, roads, common areas, eligible membership and proposed mode of development—Mere approval of the extent of land or a general proposal to provide housing sites does not satisfy the statutory requirement—No duly formulated and approved housing scheme being placed before the Government, the acquisition was vitiated. (Paras 39-46, 51-55)B. Land Acquisition Act, 1894—Sections 3(f)(vi), 4(1) and 6(1)—Emine...
A. Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002—Section 5—Assignment of financial assets—Recovery of debt—HELD—A bank may assign its financial assets to an asset reconstruction company, and the assignment transfers the debt and underlying securities to the assignee—However, the validity of the impugned assignment and compliance with Section 5 were expressly left open in the peculiar facts of the present case. (Paras 24-25, 40)B. Reserve Bank of India Act, 1934—RBI Master Circular dated 01-07-2015—COVID-19 moratorium circulars dated 27-03-2020, 17-04-2020 and 23-05-2020—Classification of account as Non-Performing Asset—HELD—The borrower challenged retrospective classification of its loan account as NPA with effect from 16-10-2020, contending that the moratorium a...
A. Textiles Committee Act, 1963—Sections 2(g), 2(da), 2(db) and 5A—Textile cess—Exemption of handloom and powerloom textiles—HELD—Section 5A imposes cess on textiles manufactured in India but expressly exempts textiles manufactured by the handloom or powerloom industry—The definitions of “textiles”, “powerloom” and “powerloom industry” must be considered in the context of the Act. (Paras 5.1-5.3, 6.4)B. Textiles Committee Act, 1963—Section 5A—Meaning of “manufacture”—Importing definition from another statute—HELD—Where “manufacture” is not defined in the Act, its meaning cannot be borrowed from Section 2(f) of the Central Excise Act, 1944, in the absence of legislative reference or incorporation—A definition in another statute cannot be bodily imported unless the statutes are in pari materia or ...
A. Code of Civil Procedure, 1908—Order XXI, Rules 97 to 101—Execution proceedings—Resistance by third party claiming independent title—HELD—An application under Order XXI, Rules 97 to 101 is adjudicated like a regular suit, and the executing court must determine the applicant’s right, title and interest—A separate suit for declaration setting aside the decree is barred by Rule 101. (Paras 7, 12)B. Code of Civil Procedure, 1908—Order XXI, Rules 97 to 101—Execution of decree—Legal representatives of objector—HELD—A person claiming independent ownership and possession, who was not impleaded in the original suit, may resist dispossession during execution—Knowledge of the decree cannot be imputed to such person merely because the original suit had proceeded without impleading him. (Paras 11-12)C. Indian Evidence Act, ...
A. Indian Penal Code, 1860—Sections 364, 302 and 201—Circumstantial evidence—Murder and kidnapping—HELD—The prosecution failed to establish the alleged ransom demand, extra-judicial confession, last-seen circumstance and electronic evidence—The accused was acquitted after six years of undertrial custody. (Paras 10-12)B. Indian Evidence Act, 1872—Sections 27 and 65-B—Recovery and electronic evidence—Admissibility and proof—HELD—The CCTV footage and call detail records were unsupported by the mandatory certificate under Section 65-B—Recoveries were not proved to have been made pursuant to any disclosure statement under Section 27, and the recovered bones were not scientifically linked to the deceased. (Paras 8, 12-13)C. Criminal investigation—Circumstantial evidence—Medical and forensic evidence—Defective inves...
A. Wakf Act, 1954—Sections 4, 5(2) and 6—Telangana Abolition of Inams Act, 1955—Code of Civil Procedure, 1908—Permanent injunction—Wakf property—HELD—The survey report and Gazette notification established the suit land as wakf property—The defendants’ vendors had no right to alienate the land entrusted for maintenance of the Mosque, Dargah and Graveyard—The High Court’s judgment was set aside and the trial court’s injunction restored. (Paras 8-11)B. Code of Civil Procedure, 1908—Specific Relief Act, 1963—Sections 34 and 38—Suit for injunction simpliciter—Title and possession—HELD—An injunction simpliciter is maintainable where lawful possession is threatened, but where title is clouded or the plaintiff is out of possession, declaratory or possessory relief may be necessary—On the facts, wakf title was...
A. Right to Information Act, 2005—Sections 2(f) and 2(h)—Information relating to private body—Statutory access—HELD—Information accessible to a public authority under any other law falls within Section 2(f), even if not physically held by it—A co-operative society need not itself be a public authority for such information to be disclosed under the RTI Act. (Paras 10-12)B. Right to Information Act, 2005—Sections 3 and 8(1)(d), (j)—Disclosure of information—Commercial confidence and personal information—HELD—A construction agreement and minutes of the General Body Meeting sought by a member of the co-operative bank were not exempt as commercial confidence or personal information—A member could not be denied access merely because the documents related to the society’s affairs. (Paras 7-10)C. Kerala Co-operative Soci...
A. Insolvency and Bankruptcy Code, 2016—Sections 12-A, 30(4) and 31(1)—Resolution Plan—Withdrawal after approval by Committee of Creditors—Binding nature—HELD—Once the Committee of Creditors (CoC) approves a Resolution Plan and the same is placed before the Adjudicating Authority for approval, neither the CoC nor the Successful Resolution Applicant (SRA) can withdraw from or resile from the approved plan in the absence of statutory authority permitting such withdrawal—The binding nature of the plan flows from the IBC framework and is not merely contractual—Improvement in the financial position of the Corporate Debtor or delay in implementation does not, by itself, confer a right to withdraw. (Paras 9-14, 17)B. Insolvency and Bankruptcy Code, 2016—Section 12-A—Insolvency resolution process—Withdrawal of CIRP—Stage a...
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 175(4)—Registration of FIR against public servant—Participation of proposed accused—HELD—Section 175(4) incorporates requirements concerning a report from the superior officer and consideration of the public servant’s assertions before a Magistrate orders investigation on a complaint against a public servant arising in discharge of official duties—The provision reflects an expanded statutory framework for participation of a potential accused before registration of an FIR—Its reference was for elucidating the change in law and not for deciding the merits of the allegations. (Paras 12-14)B. Prevention of Money Laundering Act, 2002—Section 66(2)—Prevention of Corruption Act, 1988—Registration of FIR—Judicial direction—Investigation—HELD—The present case was dis...
A. Code of Criminal Procedure, 1973—Sections 190(1)(b), 482—Rejection of final report—Summoning of accused—HELD—Where the statements of the complainant, other witnesses and the injured witness, supported by medical evidence showing a fracture of the frontal bone, disclose sufficient material, the Magistrate is justified in rejecting the final report and summoning the accused to face trial—No interference under Section 482 CrPC is warranted in the absence of a ground demonstrating illegality or abuse of process. (Paras 12-15)B. Indian Penal Code, 1860—Sections 308, 323, 504, 506—Assault causing grievous head injury—Medical evidence—HELD—The injured sustained multiple head injuries, and X-ray examination revealed a fracture of the frontal bone, resulting in the addition of Section 308 IPC during investigation—The med...
A. Code of Criminal Procedure, 1973—Section 482—Quashing of criminal proceedings—Matrimonial dispute—Settlement between spouses—HELD—Where the spouses have amicably settled their matrimonial dispute, dissolved their marriage by mutual consent and the complainant has expressed her unwillingness to pursue the criminal prosecution, continuation of proceedings against the husband’s relatives may amount to an abuse of the process of the Court—The High Court may exercise its inherent jurisdiction to secure the ends of justice in the facts and circumstances of the case. (Paras 1-8)B. Indian Penal Code, 1860—Sections 498-A, 323—Dowry Prohibition Act, 1961—Sections 3, 4—Allegations of dowry demand and cruelty—Complainant’s statement—HELD—The complainant categorically stated that neither her husband nor his relatives...
A. Code of Criminal Procedure, 1973—Section 482—Quashing of criminal proceedings—Allegation of assault—Medical evidence and eye-witnesses—HELD—Where the applicant is named in the FIR, the medical examination report records fresh injuries and two eye-witnesses support the prosecution case, the criminal proceedings cannot be quashed merely on the applicant’s denial of the allegations—The truthfulness of the allegations and the genuineness of the injuries are matters to be adjudicated during trial. (Paras 6-11)B. Code of Criminal Procedure, 1973—Section 482—Quashing of proceedings—Mala fides—Previous enmity between parties—HELD—Allegations that the informant lodged the FIR due to previous enmity arising from litigation under the Negotiable Instruments Act cannot, by themselves, constitute a ground for quashing cri...
A. Code of Civil Procedure, 1908—Order IX Rule 4—Section 151—Restoration of suit dismissed for non-prosecution—Condonation of delay—HELD—Delay in filing a restoration application cannot be rejected merely on the ground of its length where the litigant has disclosed sufficient cause for not approaching the Court promptly—Medical records showing illness of the active partner of the plaintiff-firm must be considered while examining the explanation for delay—Preference should be given to adjudication on merits rather than defeating substantive rights on technical grounds. (Paras 9-11)B. Limitation—Condonation of delay—Illness of litigant—Consideration of medical evidence—HELD—While delay cannot be condoned as a matter of course, the Court must assess the reasons preventing the litigant from approaching it within time...
A. Kerala Court Fees and Suits Valuation Act, 1959—Section 76(1)—Kerala Legal Benefit Fund—Enhancement of additional court fee—Retrospective application—HELD—The notification dated 07.04.2016 enhancing additional court fee from 0.5% to 1% of the amount involved in the dispute applies only where the lis commenced on or after 01.04.2016, the effective date specified in the notification—The relevant consideration is the commencement of the lis and not merely the assessment year or the date of filing the appeal or revision—An enhanced court fee imposing a more onerous condition on the right of appeal cannot retrospectively impair a vested substantive right in the absence of express words or necessary intendment. (Paras 12-19)B. Kerala Court Fees and Suits Valuation Act, 1959—Section 76(1)—Right of appeal—Vested right—E...
A. Constitution of India—Article 226—Review of order in criminal writ petition—Maintainability—Madras High Court Writ Rules, 2021—Rule 29(1)—HELD—A review petition against an order passed in a criminal writ petition under Article 226 is maintainable under Rule 29 of the Madras High Court Writ Rules, 2021, on the grounds specified in Order 47 Rule 1 CPC—The character of the proceedings as criminal in nature does not convert the writ court into a criminal court—Sections 362 CrPC and 403 BNSS, which bar review or alteration of judgments by criminal courts, do not curtail the High Court’s power to review or recall orders passed in exercise of its writ jurisdiction. (Paras 25-28, 34)B. Constitution of India—Article 226—Registration of FIR—Proposed accused—Right to prior notice and hearing—Principles of natural jus...
A. Code of Criminal Procedure, 1973—Sections 397 and 401—Criminal revision against acquittal—Scope of revisional jurisdiction—HELD—Revisional jurisdiction is supervisory and corrective and cannot be exercised as an appellate jurisdiction to reappreciate evidence or substitute the revisional court’s own view for concurrent findings of fact—Interference is warranted only in exceptional cases involving patent illegality, material irregularity, perversity or manifest miscarriage of justice. (Paras 10-18, 24-25)B. Indian Penal Code, 1860—Sections 498-A, 323, 504 and 506—Dowry Prohibition Act, 1961—Sections 3 and 4—Acquittal—Concurrent findings of fact—HELD—Where the trial court and appellate court, upon consideration of the evidence, found the prosecution case not proved beyond reasonable doubt, their concurrent fin...