A. Limitation Act, 1963—Section 18—Acknowledgment of liability—Balance sheets—Entries in books of account, including balance sheets, may constitute acknowledgment of liability giving rise to a fresh period of limitation—Acknowledgment need not specifically name the creditor or be made in any prescribed format, provided it indicates a subsisting jural relationship when read in conjunction with surrounding circumstances—Balance sheets and accompanying notes, qualifications and auditor’s report to be considered as a whole. (Paras 9-11, 14)B. Limitation Act, 1963—Section 18—Acknowledgment of liability—Running bills and outstanding contractual dues—Defendant-Society’s bank reconciliation statements recording three cheques issued in favour of plaintiff as contractor, coupled with subsequent balance sheets continuously ca...
A. Hindu Succession Act, 1956—Section 8—Succession to property of Hindu male dying intestate—Grandson’s right—Property of a Hindu male dying intestate devolves simultaneously upon Class I heirs to the exclusion of all other heirs—Son’s son, whose father is alive, is not a Class I heir and does not acquire any right by birth in the property inherited by his father under Section 8—Property devolving upon a son under Section 8 is held by him in his individual capacity and not as karta of his own Hindu undivided family—Pre-existing Hindu law recognising a grandson’s right by birth stands modified by the codified statutory scheme. (Paras 34-38)B. Hindu Succession Act, 1956—Sections 6, 8 and 19—Ancestral property—Succession and partition among Class I heirs—Distinction between devolution by succession and coparcenary...
A. Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006—Sections 2(c), 2(o) and 6—Forest rights—Recognition of Forest Dwelling Scheduled Tribes and Other Traditional Forest Dwellers—Eligibility—Claims required to be determined strictly in accordance with statutory three-tier mechanism comprising Gram Sabha, Sub-Divisional Level Committee and District Level Committee—Present occupation or cultivation of forest land, by itself, does not establish statutory entitlement—Forest rights confined to persons satisfying prescribed requirements of primary residence in and dependence upon forest or forest land for bona fide livelihood needs—Persons not satisfying statutory conditions liable to be removed in accordance with law. (Paras 43-55)B. Scheduled Tribes and Other Traditional Forest Dwe...
A. Constitution of India—Article 131—Inter-State dispute—Bhakra-Nangal and Beas Hydel Projects—State of Himachal Pradesh—Entitlement to share in power generated—Earlier decree dated 27-9-2011 declaring entitlement of 7.19% of power attributable to composite Punjab and directing Union of India to compute amounts payable—Subsequent proceedings confined to working out energy arrears, capital-cost liability and mode of implementation—Earlier adjudicated rights and findings not open to reconsideration in execution proceedings. (Paras 3, 5.20-5.26, 28-30)B. Punjab Reorganisation Act, 1966—Section 78—Bhakra-Nangal and Beas Projects—Apportionment of rights and liabilities—Earlier decree dated 27-9-2011 held that Section 78(1) conferred an enforceable legal right upon Himachal Pradesh—Tentative record dated 17-4-1967 and ...
A. Constitution of India—Articles 32, 141 and 142—Other Backward Classes—Creamy layer—Judgment dated 11-3-2026—Scope and temporal operation—Distinction between binding legal principle and operative relief—Interpretation of Office Memorandum dated 8-9-1993, as clarified by letter dated 14-10-2004, constitutes binding precedent under Article 141—Operative relief in the judgment confined to respondent candidates and intervenors whose claims were before the Court—No direction for retrospective reopening of concluded selections, appointments, service allocations or seniority—Miscellaneous applications cannot be used to seek rehearing or reconsideration of issues already decided. (Paras 11-16)B. Constitution of India—Article 141—Other Backward Classes—Creamy layer—Supernumerary posts—Intervention applications—Par...
A. Constitution of India—Article 14—Compulsory retirement—Discrimination—Challenge on ground that similarly situated employees were retained in service—Compulsory retirement involves individual assessment of each employee’s utility, integrity, efficiency and overall service profile—Non-retirement of another employee having comparable service record does not, by itself, establish discrimination or invalidate the order—Article 14 embodies positive equality and does not permit a claim founded on negative equality or perpetuation of an earlier illegality. (Paras 28-30, 34-36)B. Fundamental Rule 56—Chhattisgarh Civil Services (Pension) Rules, 1976—Rule 42—Compulsory retirement—Scope of judicial review—Order of compulsory retirement is neither punitive nor stigmatic and does not attract principles of natural justice or...
A. Constitution of India—Article 12—‘State’—National Book Trust—Society registered under the Societies Registration Act, 1860—Whether ‘State’ within meaning of Article 12—Determination—Mere registration as a society or non-statutory character does not exclude a body from Article 12—Constitutional inquiry depends upon substance of relationship between body and Government, and not its legal form or nomenclature—National Book Trust held to be an ‘other authority’ and consequently ‘State’ within Article 12. (Paras 6-10, 25-27)B. Constitution of India—Article 12—Instrumentality or agency of Government—Tests—Financial, functional and administrative control—Tests laid down in Ramana Dayaram Shetty and Ajay Hasia are indicative and not rigid or conclusive checklist—Cumulative assessment required to de...
A. Uttar Pradesh Consolidation of Holdings Act, 1953—Sections 4(2), 9 and 19—Consolidation proceedings—Allotment of roadside land having commercial value—Original tenure holders—Appellants having no original right or preferential claim over the disputed plot—Respondents being original tenure holders—Disputed land abutting main highway and possessing high commercial value—Government Circulars dated 26-5-1981 and 9-9-1988 directing exclusion of commercially valuable roadside land from consolidation operations and, where retained, allotment to original tenure holders—Consolidation authorities committing illegality in allotting such land to strangers while displacing original tenure holders—Allotment in favour of appellants rightly set aside by High Court. (Paras 3-6, 11-12)B. Uttar Pradesh Consolidation of Holdings Act, 1...
A. Code of Civil Procedure, 1908—Order IV, Rule 1—Order VII, Rule 11—Rejection of plaint before registration—Court empowered to reject plaint even before its registration or numbering and at any stage of proceedings—Registration not a condition precedent for exercise of power—However, such power must be exercised strictly within grounds specified under Rule 11. (Paras 8-11)B. Code of Civil Procedure, 1908—Order VII, Rule 11(a) and (d)—Rejection of plaint—Disclosure of cause of action—Meaningful reading—Plaint must be read as a whole, considering all material averments and reliefs—Where cause of action is disclosed and suit does not appear from statements in plaint to be barred by law, rejection at threshold is impermissible—Likelihood of dismissal after trial is no ground for rejection. (Paras 13-16)C. Code of Ci...
A. Code of Criminal Procedure, 1973—Sections 57 and 167—Bharatiya Nagarik Suraksha Sanhita, 2023—Sections 58 and 187—Constitution of India—Article 22(2)—Reasonable period of detention—Statutory safeguard—Apart from mandatory 24-hours limit, detention without warrant must not exceed a reasonable period having regard to circumstances of the case—Even where production is technically within 24 hours, Magistrate must examine whether detention exceeded reasonable period and may decline remand—Magistrate duty-bound to record actual time of detention and examine compliance with constitutional and statutory safeguards. (Paras 17-20, 60, 67, 69)B. Constitution of India—Article 22(2)—Arrest and detention—Production before Magistrate within 24 hours—Commencement of limitation—24-hours period commences from the time when ...
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Sections 438 and 442(2)—Code of Criminal Procedure, 1973—Sections 397 and 401(2)—Criminal revision—Maintainability—Accused challenging Magistrate’s order rejecting police closure report and directing further investigation—Objection that accused had no right of hearing before Magistrate at pre-cognizance stage—Absence of right to participate before Magistrate not extinguishing right to invoke revisional jurisdiction against an order directly prejudicial to accused—Right of hearing in revision distinct from right of participation before Magistrate—Revision held maintainable. (Paras 38-49)B. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 193(8)—Code of Criminal Procedure, 1973—Section 173(8)—Final report—Protest petition—Magistrate’s powers—Magistrate empower...
A. Code of Civil Procedure, 1908—Order 7, Rule 11—Rejection of plaint—Educational loan—Suit for recovery of loan amount against borrower and legal heirs of deceased guarantor—Second defendant not being a signatory to loan documents or borrower, but impleaded as legal heir of deceased guarantor—Plaintiff specifically asserting that claim against him was confined to the estate of deceased guarantor inherited by him—Absence of personal liability not, by itself, a ground for rejection of plaint when claim was restricted to inherited estate—Application for rejection of plaint rightly dismissed. (Paras 12-15, 18)B. Contract of Guarantee—Death of guarantor—Liability of legal heirs—Educational loan secured by guarantee agreement executed by parents of borrower—Death of guarantor not extinguishing liability, which could be ...
A. Code of Civil Procedure, 1908—Order 6, Rule 17—Amendment of plaint—Suit for declaration of pathway rights and permanent injunction—Plaintiff seeking to incorporate subsequent pleadings and reliefs of mandatory injunction for removal of compound wall and iron gate allegedly obstructing common pathway, on the basis of Advocate Commissioner’s report—Defendants contending that constructions existed for more than 12 years and amendment introduced a new case barred by limitation—Trial not having commenced and proposed amendment neither introducing a new cause of action nor fundamentally altering nature and character of suit—Amendment rightly allowed, leaving rival claims to be decided after trial—Defendants granted liberty to raise objections by additional written statement—Revision dismissed. (Paras 3-6, 11-13)B. Code of...
Code of Civil Procedure, 1908—Order 1, Rule 10—Impleadment of parties—Final decree proceedings in partition suit—Applicants seeking impleadment as respondents on the ground that they were members of joint family and entitled to equal share in suit schedule properties as legal heirs of Chikkamuniyamma, daughter of common ancestor—Application and supporting affidavit not substantiated by documents establishing their claimed relationship—Trial Court finding that earlier suit proceedings did not disclose existence of Chikkamuniyamma or her legal heirs—Counsel for applicants conceding absence of documents to prove lineage—Rejection of impleadment application upheld and writ petition dismissed. (Paras 2-6)...
A. Karnataka Co-operative Societies Act, 1959—Section 29G(2)—Cross-examination—Recall of witness—Proceedings before Assistant Registrar of Co-operative Societies—Junior counsel informing the ARCS that senior counsel was unwell and seeking time to cross-examine PW1—Request declined and cross-examination recorded as nil—Subsequent application seeking permission to cross-examine PW1 rejected without assigning reasons—Failure to give due consideration to senior counsel’s illness resulting in denial of opportunity to cross-examine witness—In the peculiar facts and circumstances, first respondent held entitled to one final opportunity to cross-examine PW1.B. Constitution of India—Article 226—Writ jurisdiction—Certiorari—Orders closing cross-examination and rejecting subsequent application for recall of witness—Juni...
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 483—Bail—Offences under Sections 296(b), 351(3), 118(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Allegation of assault by accused persons resulting in fracture to de facto complainant—Specific allegation of causing fracture by use of reaper attributed to co-accused, while appellant alleged to have attempted to hit complainant’s father and uttered filthy words—Appellant in custody since 23-10-2026, investigation substantially progressed and no criminal antecedents—Further detention held unnecessary—Bail granted subject to stringent conditions. (Paras 1-6)B. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 483—Bail—Considerations for grant—Prosecution a...
A. Waqf Act, 1995—Sections 65 and 66—Waqf governed by judicially framed Scheme—Edgah Charities and Mosque administered under Scheme framed by High Court in 1933, providing for management by a committee of seven members and co-option to fill vacancies—Tamil Nadu Waqf Board assuming direct management under Section 65 and appointing Executive Officer—Judicial Scheme remaining in force—Direct control not permissible unless Scheme specifically modified by State Government in consultation with Board under Section 66—Legality and propriety of Board’s resolution and notification pending consideration before Waqf Tribunal—Petitioner relegated to statutory remedy.B. Waqf Act, 1995—Sections 65(2), 66 and 83(2), (5)—Jurisdiction of Waqf Tribunal—Challenge to Board resolution and Gazette notification taking over Waqf under dire...
A. Code of Civil Procedure, 1908—Sections 13 and 44-A—Foreign judgment—Enforcement of decree passed by High Court of Republic of Singapore—Singapore being a reciprocating territory, its decree executable in India as if passed by the competent District Court—Objection that judgment was not passed on merits—Defendant represented by counsel, having filed defence and participated in proceedings—Court having considered affidavit evidence and documentary exhibits and heard counsel before passing judgment—Brevity of judgment not rendering it one not passed on merits—Decree held enforceable in India. (Paras 8, 11-13)B. Transfer of Property Act, 1882—Sections 45 and 48—Jointly purchased property—Attachment in execution—Property jointly purchased and standing in the names of appellant and her husband—In absence of eviden...
A. Commercial Courts Act, 2015—Code of Civil Procedure, 1908—Order 8, Rule 1—Written statement—Delay in filing—Defendant seeking condonation of delay of 23 days in filing written statement in commercial suit for recovery of money—Application under Section 5 of Limitation Act allowed subject to payment of costs of Rs.3,000 within stipulated time—Non-payment resulting in dismissal of application—Defendant’s right to defend suit required consideration, particularly when suit itself had been dismissed for default and subsequently restored—Order dismissing application set aside subject to payment of costs of Rs.5,000 within one week.B. Constitution of India—Article 227—Civil revision—Non-payment of costs—Application for condonation of delay in filing written statement dismissed for failure to pay costs imposed by Tr...
A. Benami Transactions (Prohibition) Act, 1988—Sections 3(1), 3(2) and 4(1)—Benami transaction—Property purchased in wife's name—Husband alleging that properties were purchased in wife's name from his earnings for his own benefit and enjoyment—Plea of wife that money was sent out of love and affection and properties were purchased for her benefit—Plaint averments, read as a whole, also asserting benami nature of transactions—Whether properties were purchased for benefit of wife or husband being a question of fact requiring evidence—Suit not barred at threshold. (Paras 14-20)B. Code of Civil Procedure, 1908—Order 7, Rule 11—Rejection of plaint—Benami transaction—Application seeking rejection on ground that plaint attracted statutory bar under Sections 3(1) and 4(1) of Benami Transactions (Prohibition) Act, 1988—Al...