A. Penal Code, 1860—Ss. 405, 409—Criminal breach of trust—Essential ingredients—Entrustment and dishonest intention— To constitute an offence of criminal breach of trust, prosecution must establish entrustment of property or dominion thereover and dishonest misappropriation, conversion, use or disposal thereof. Mere breach of trust is not sufficient; dishonest intention is an essential element, and even temporary misappropriation must be shown to have been dishonest. Paras 12, 25.B. Penal Code, 1860—S. 409—Entrustment—Proof—Non-production of material records— Where the prosecution alleged entrustment of cash collected by a Cashier-cum-Counter Clerk, but failed to produce the original cashbook, daily register, audit report and other records showing collection and custody of the amounts, the foundational ingredient of en...
A. Constitution of India—Arts. 21, 32, 142—Right to health—Pharmaceutical marketing practices—Public health— Right to health forms an integral part of the right to life under Art. 21. Regulation of unethical pharmaceutical marketing practices, having a direct bearing upon accessibility, affordability and safety of medicines, involves matters of considerable public importance. Paras 1, 16-19.B. Pharmaceutical marketing practices—Regulatory framework—UCPMP, 2024—Need for effective implementation— Mere existence of prescribed norms is insufficient; efficacy of a regulatory framework must also be assessed by its implementation, monitoring, transparency, accountability and enforcement. Existing framework having not proved entirely effective in curbing unethical practices, comprehensive strengthening of the regulatory mechanis...
A. Indian Penal Code, 1860—Section 394—Robbery—Essential ingredients—Proof of robbery/attempted robbery—Conviction under Section 394 cannot be sustained merely on allegation of snatching jewellery where alleged jewellery was neither recovered nor otherwise connected with accused—Absence of purchase receipt or other material establishing identity/value of articles, and failure to connect beads allegedly found at spot with mangalsutra, rendered essential ingredient of robbery unproved—Conviction under Section 394, therefore, unsustainable. [Para 9]B. Code of Criminal Procedure, 1973—Section 222—Conviction for minor offence—Cognate offences—Where charge consists of several particulars, accused may be convicted of a minor offence if proved facts constitute such offence, notwithstanding that minor offence was not separate...
A. Representation of the People Act, 1951—Sections 81(1) and 86(1)—Election petition—Presentation—Mandatory requirement—Section 81(1) prescribes five specific requirements, namely, petitioner must be a candidate or elector, petition must be presented by the petitioner, it must be founded on grounds under Sections 100(1) and 101, presented before the High Court and within prescribed period—Requirement of presentation “by” the petitioner is substantive and not a mere procedural formality—Non-compliance attracts mandatory dismissal under Section 86(1). . [Paras 5–9]B. Representation of the People Act, 1951—Sections 81(1) and 86(1)—High Court Rules—Rule regulating mode of presentation of election petition—Validity—High Court competent to frame rules regulating administrative and ministerial aspects of receipt and...
A. Income-tax Act, 1961—Income—Subsidy—Capital or revenue receipt—Electricity subsidy granted under Government scheme—Nature of subsidy to be determined by applying “purpose test”, i.e. by examining the object and operative mechanism of the scheme as a whole—Form, source and point of time of payment are not decisive—Where subsidy is intended to assist running of an already established business more profitably, it is revenue receipt, whereas assistance intended for setting up a new unit or substantial expansion is capital receipt. [Paras 9–14].B. Income-tax Act, 1961—Income—Subsidy—Electricity subsidy—Government scheme providing subsidy at specified percentage of actual electricity charges for five years from commencement of production—Subsidy quantified with reference to power consumed in manufacturing proces...
A. Entitlement Rules for Casualty Pensionary Awards, 1982—Rule 14—Disability pension—Schizophrenia—Disease not noted at the time of enrolment—Mere non-recording of mental disorder at the time of enrolment does not mechanically give rise to a presumption that the disease was attributable to or aggravated by military service—Mental disorders may ordinarily escape detection at the time of enrolment, particularly where intervals of normality exist—Each case must be examined with reference to the nature of duties, conditions of service and circumstances of posting. [Paras 15–20]B. Entitlement Rules for Casualty Pensionary Awards, 1982—Rules 5, 9 and 14—Disability pension—Presumption of sound health—Burden of proof—The general principle that a member is presumed to be in sound physical and mental condition at the time ...
A. Pension—Disability pension—Schizophrenia—Non-recording of disease at enrolment—Mere absence of any note of mental disorder at the time of enrolment does not mechanically give rise to a presumption that schizophrenia was attributable to or aggravated by military service—Mental disorders may remain undetected at the time of enrolment, particularly where the individual behaves normally and the disease has intervals of normality—Entitlement to disability pension depends upon establishing that military service caused or adversely affected the course of the disease. [Paras 15–20]B. Pension—Disability pension—Entitlement Rules for Casualty Pensionary Awards, 1982—Rule 14, as amended in 1996—Disease—Attributability/aggravation—For acceptance of disease as attributable to military service, disease must have arisen duri...
A. Code of Criminal Procedure, 1973—Section 389—Suspension of sentence—Bail pending criminal appeal—Appellant convicted under Section 302 read with Section 149 IPC and Section 27 Arms Act and sentenced to life imprisonment—Criminal appeal against conviction pending before High Court—Appellant being a senior citizen aged about 68 years—Supreme Court, following its earlier order granting bail to similarly placed co-appellants, directed release of appellant on bail subject to conditions imposed by Trial Court and his appearance before High Court as directed—Appeal allowed. [Paras 1–8]B. Indian Penal Code, 1860—Sections 302, 149—Arms Act, 1959—Section 27—Conviction—Suspension of sentence—Conviction and sentence for murder with unlawful assembly liability and offence under Arms Act—Conviction appeal pending befo...
A. Indian Penal Code, 1860—Sections 302, 376(2)(i), 201—Protection of Children from Sexual Offences Act, 2012—Sections 4, 6—Circumstantial evidence—Appreciation of evidence—Rape, murder and causing disappearance of evidence of minor victim—Prosecution case based on last seen theory, recovery under Section 27 of Evidence Act, DNA report, FSL report, brown shawl and statement under Section 313 CrPC—Evidence of witnesses creating serious doubt regarding appellant being last seen with victim—No witness having seen appellant taking victim away—Recovery from a place frequented by public and ordinarily visible to others—DNA report showing recovered bones to be of human male origin whereas victim was female—FSL report inconclusive and not connecting seized articles with victim or crime—Brown shawl neither identified nor ...
A. Code of Criminal Procedure, 1973—Section 482—Quashing of criminal proceedings—Matrimonial dispute—Power to be exercised to prevent abuse of process and secure ends of justice—Where allegations, even if taken at face value, do not disclose a prima facie offence, or are vague, omnibus and unsupported by credible material, continuation of proceedings against relatives of husband would amount to abuse of process—Bhajan Lal principles reiterated. [Paras 15–17, 26–30]B. Indian Penal Code, 1860—Section 498A—Cruelty—In-laws—Mere general allegations of harassment or dowry demand insufficient—Complaint and investigation must disclose specific overt acts and material showing wilful conduct causing grave injury or danger to life, limb or mental or physical health, or harassment to coerce fulfilment of unlawful demand—In...
A. Constitution of India—Article 226—Quashing of FIR—Matrimonial dispute— High Court, while ordinarily refraining from weighing evidence or conducting a mini-trial, may exercise constitutional jurisdiction where the allegations in the FIR, even if accepted at their face value, do not sufficiently disclose the essential ingredients of the offences or where continuation of the criminal proceedings would amount to abuse of process. (Paras 22-25, 62-66).B. Bharatiya Nyaya Sanhita, 2023—Sections 85 and 86—Cruelty by husband or relatives—General and omnibus allegations— Mere recital of expressions such as “harassed”, “tortured”, “ill-treated” or “subjected to cruelty” cannot substitute the factual particulars constituting statutory cruelty; allegations must disclose the specific acts, occasions and circumstances ...
A. Hindu Marriage Act, 1955—Section 13(1)(i-a)—Cruelty—Meaning and proof— “Cruelty” is not capable of a straight-jacket or exhaustive definition. The conduct complained of must be grave and weighty and of such a nature that the aggrieved spouse cannot reasonably be expected to live with the other. Normal wear and tear of matrimonial life, ordinary quarrels, trivial irritations, nagging or mere incompatibility of temperament do not constitute cruelty. The entire matrimonial life and surrounding circumstances have to be considered cumulatively. (Paras 18-21, 24-26, 32)B. Hindu Marriage Act, 1955—Section 13(1)(i-a)—Mental cruelty—Assessment— Mental cruelty is a matter of inference to be drawn from the cumulative facts and circumstances of each case. The intensity, gravity and stigmatic impact of the conduct are relevant; ...
A. Maintenance and Welfare of Parents and Senior Citizens Act, 2007—Section 23(1)—Cancellation of transfer—Jurisdiction of Maintenance Tribunal—Twin conditions— For invoking Section 23(1), both conditions must be satisfied, namely, (i) the transfer must have been made subject to a condition that the transferee shall provide the transferor with basic amenities and basic physical needs; and (ii) the transferee must have refused or failed to provide such amenities and physical needs. In the absence of either condition, the Maintenance Tribunal has no jurisdiction to entertain an application for cancellation of the transfer. (Para 12)B. Maintenance and Welfare of Parents and Senior Citizens Act, 2007—Section 23(1)—Settlement Deed—Reservation of life interest—No implied condition— Mere reservation of life interest or right ...
A. Code of Civil Procedure, 1908—Order VI Rule 17—Amendment of pleadings—Scope— Amendment which does not alter the basic nature or character of the original pleading and is necessary for effectively adjudicating the real dispute between the parties, ought to be permitted, particularly where the trial has not commenced. (Paras 5, 6)B. Family Court proceedings—Claim regarding ownership of gold ornaments—Amendment of objection— Where petitioners had already specifically disputed the respondent's exclusive ownership over certain gold ornaments kept in a joint bank locker, omission to mention the specific details of such ornaments could be cured by amendment; such amendment did not change the character of the original objection. (Paras 3, 5, 6)C. Family Court proceedings—Gold ornaments in joint locker—Disputed ownership— Wh...
A. Penal Code, 1860—Ss. 147, 148, 149—Unlawful assembly—Essential requirement—Five or more persons— Conviction under Ss. 147, 148 and 149 requires proof of an unlawful assembly consisting of at least five persons; where prosecution evidence identified only four accused and remaining accused were not identified, essential requirement of five-person unlawful assembly was not established. Paras 14-16.B. Penal Code, 1860—Ss. 147, 148, 149—Unlawful assembly—Common object—Mere presence— Mere presence at the scene of occurrence or arrest from the spot does not, by itself, establish membership of an unlawful assembly. Liability under S.149 cannot be presumed merely from presence in a mob; common object and participation must be proved beyond reasonable doubt. Paras 15-16.C. Penal Code, 1860—Ss. 143, 147, 148, 149—Evidence...