(1) SUPREME COURT
A. Indian Penal Code, 1860—Sections 294(b) & 506(ii)—Obscene words and criminal intimidation—Ingredients of offences—Held, mere use of abusive, insulting, or vulgar expressions, even if offensive or indecent, does not by itself constitute an offence under Section 294(b) IPC—To attract the provision, the words used must possess a lascivious character, have a tendency to arouse sexual thoughts or feelings, and be of such nature as to cause annoyance to others in a public place—Similarly, a mere threat uttered during a quarrel or heated exchange, without proof of intention to cause alarm or to compel the person threatened to do or abstain from doing any act, does not satisfy the requirements of criminal intimidation under Section 506(ii) IPC. (Paras 11 to 19) B. Indian Penal Code, 1860—Section...
(2) SUPREME COURT
A. Criminal Procedure Code, 1973—Section 299(1)—Evidence recorded in absence of accused—Absconding accused—Admissibility of deposition—Held, Section 299(1) constitutes an exception to the general rule that evidence must be recorded in the presence of the accused—A deposition recorded in the absence of an accused becomes admissible in a subsequent trial only where it is established that, at the time of recording such evidence, the accused was absconding and there existed no immediate prospect of his arrest—The prosecution must prove the existence of these statutory conditions, though the absence of a formal order of the Magistrate recording such satisfaction is not, by itself, sufficient to exclude the evidence. (Paras 12, 14, 20 & 22) B. Criminal Procedure Code, 1973—Section 299(1)&md...
(3) SUPREME COURT
A. Insolvency and Bankruptcy Code, 2016—Sections 30, 31 & 60—Resolution Plan—Approval and binding effect—Finality of approved resolution plan—Held, upon approval of a resolution plan under Section 31(1), the plan becomes binding on the Corporate Debtor, the Successful Resolution Applicant, creditors and all other stakeholders. The claims recognized under the approved plan attain finality, while any claim not admitted or incorporated therein stands extinguished and cannot be enforced thereafter. The object of the Code is to ensure certainty and enable the Successful Resolution Applicant to assume control of the Corporate Debtor on a clean slate, free from unresolved or undecided liabilities. (Paras 24, 51, 52, 55, 60 & 61) B. Insolvency and Bankruptcy Code, 2016—Sections 18, 25, 30 & 31&md...
(4) SUPREME COURT
Compensation
A. Railways Act, 1989—Section 124A (Compensation on account of untoward incidents)—Compensation for untoward incident—Death of passenger due to accidental fall from train—Bona fide passenger—Burden of proof—Claim for statutory compensation arising out of the death of a passenger due to an accidental fall from a running train—Mere non-recovery of the journey ticket from the deceased is not conclusive to establish that the deceased was not a bona fide passenger—Held, the claimant discharges the initial burden by filing an affidavit and producing prima facie material showing that the deceased was travelling by train—Thereafter, the burden shifts to the Railway Administration to rebut the claim by cogent evidence—The provision being a beneficial one, it must receive a liberal and pur...
(5) SUPREME COURT
A. Constitution of India, 1950—Art. 226—Writ of Certiorari—Scope of judicial review—Reappreciation of evidence—Impermissibility—Held, while exercising jurisdiction under Art. 226, the High Court does not sit as an appellate court over the decisions of subordinate courts or tribunals—The writ of certiorari is confined to correcting jurisdictional errors, manifest errors of law, patent illegality, or violations of the principles of natural justice—Findings of fact arrived at on appreciation of evidence cannot ordinarily be interfered with unless shown to be based on no evidence, or founded entirely on surmises, conjectures, or perversity. (Paras 12 & 13) B. Constitution of India, 1950—Art. 226—Principles of Natural Justice—Audi alteram partem—Right of hearing&mda...
(6) SUPREME COURT
A. Constitution of India, 1950—Art. 21—Right to life and personal liberty—Elderly and terminally ill prisoners—Humane treatment and continued incarceration—Held, continued incarceration of prisoners suffering from advanced age or terminal illness raises serious concerns under Art. 21—The administration of criminal justice must remain consistent with the constitutional values of dignity, proportionality, compassion and the possibility of reformation—Punishment cannot be divorced from humanitarian considerations where continued detention ceases to serve the ends of justice—Appropriate policies and mechanisms are required to ensure timely identification, consideration and release of eligible elderly and terminally ill prisoners in accordance with law. (Paras 3 to 39) B. Legal Services Author...
(7) SUPREME COURT
Burden of Proof
A. Railways Act, 1989—Sections 93, 97 & 65(2)—Carriage of goods—"Owner's risk" rate—Liability of Railways—Burden of proof—Goods booked and transported at the owner's risk rate—Claim for compensation on account of loss, destruction, deterioration, or non-delivery—Held, by virtue of S. 97, the Railway Administration is not liable for loss or non-delivery of goods carried at the owner's risk rate unless negligence or misconduct on the part of the Railway or its servants is affirmatively established—Further, where the consignment is accepted without verification of weight or contents by railway staff, the proviso to S. 65(2) places the burden upon the consignor or consignee to prove the quantity and condition of the goods entrusted for carriage—Liabilit...
(8) SUPREME COURT
Service Law
A. Service Law—Compassionate Appointment Scheme for Public Sector General Insurance Companies—Cl. 1.1—Compassionate appointment—Voluntary retirement on medical grounds—Delay attributable to employer—Effect—Employee applied for voluntary retirement on medical grounds before attaining the prescribed age of 55 years and furnished the required medical certificate—Employer failed to scrutinize the application and communicate deficiencies within a reasonable time, but sought to reject the dependent's claim for compassionate appointment after the employee crossed the age limit—Held, an employer cannot take advantage of its own delay to defeat a claim under the Scheme—Applications made within the prescribed time must be processed expeditiously, and any defects must be promptly commun...
(9) SUPREME COURT
Proof of Will
A. Code of Civil Procedure, 1908—Section 96, Order XLI Rule 31—First Appeal—Scope and duty of First Appellate Court—Being the final court on facts, the First Appellate Court must independently assess the entire evidence, frame points for determination, record findings on each point with reasons, and deal with both questions of fact and law—Reversal of the Trial Court's judgment without proper appreciation of evidence or adequate reasons is unsustainable. (Paras 5 to 8) B. Indian Succession Act, 1925—Sections 59 and 63—Will—Proof of due execution—Propounder must establish that the testator was of sound disposing mind, understood the contents of the Will, and that the Will was duly attested by two witnesses in accordance with law—High Court erred in reversing the Trial Court...
(10) SUPREME COURT
Acquittal, Murder
A. Indian Penal Code, 1860—Sections 147, 148, 149 and 302—Code of Criminal Procedure, 1973—Section 157—Murder—Eyewitnesses' testimonies found inconsistent and contradictory—FIR held to be ante-timed and prepared after commencement of investigation—Delay in forwarding FIR to Magistrate coupled with serious procedural irregularities rendered prosecution version unreliable—Prosecution failed to prove guilt beyond reasonable doubt—Accused acquitted. (Paras 42 to 60) B. Code of Criminal Procedure, 1973—Section 157—Delay in forwarding FIR to Magistrate—Mere delay is not by itself fatal—However, where delay is accompanied by surrounding circumstances indicating manipulation, ante-timing or fabrication of the FIR, the prosecution case becomes doubtful and the acc...
(3) SIKKIM
A. Indian Penal Code, 1860—Section 376, Section 376(2)(j) and Section 511—Rape—Proof of penetration—Attempt to commit rape—Distinction—Victim, a 90-year-old woman suffering from advanced dementia, was incapable of making any statement and died during investigation—Sole eyewitness found accused on top of victim with trousers lowered and victim partially unclothed—Forensic evidence established presence of accused's semen on victim's clothing, but medical evidence did not prove penetration or genital injuries—Held, penetration, however slight, remains the indispensable ingredient of the offence of rape even after the expanded definition under Section 375 introduced by the Criminal Law (Amendment) Act, 2013—While penetration may be inferred from surrounding circumstances, suc...
(5) MADHYA PRADESH
Maintenance, Jurisdiction
A. Code of Criminal Procedure, 1973—Section 125—Hindu Adoptions and Maintenance Act, 1956—Section 20(3)—Maintenance—Major unmarried daughter—Merely because an application for maintenance by a major unmarried daughter was filed under Section 125 CrPC instead of Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956, relief cannot be denied where the Court otherwise possesses the jurisdiction to grant such relief—The Family Court, being competent to entertain proceedings under both enactments, rightly awarded interim maintenance, and no interference was called for. (Paras 6, 8, 9 and 15) B. Hindu Adoptions and Maintenance Act, 1956—Section 20(3)—Maintenance of major unmarried daughter—The statutory requirement for claiming maintenance under Section 20(3) is that the majo...
(7) DELHI
A. Arbitration and Conciliation Act, 1996—Section 9—Interim measures—Dispute arising out of licence agreement—Where the petitioner challenged a demand notice raising concession fee on the ground that the respondent had unilaterally increased the number of train coaches contrary to the terms of the licence agreement, the Court held that an arbitrable dispute existed between the parties and directed that the disputes be resolved through arbitration. (Paras 3, 5 to 8, 11 and 13) B. Arbitration and Conciliation Act, 1996—Sections 9 and 11—Arbitration agreement—Appointment of Arbitrator—In view of the arbitration clause contained in the licence agreement and the existence of disputes relating to the validity of the demand notice and enhancement of concession fee, the Court appointed a Sole Arb...
(8) DELHI
Dishonour of cheque, Demand notice, Statutory notice
A. Negotiable Instruments Act, 1881—Section 138—Dishonour of cheque—Statutory demand notice—Validity—A statutory notice under Section 138 must relate to a legally enforceable debt or liability—Mere demand of an amount less than the aggregate cheque amount on account of admitted part-payments does not, by itself, render the notice invalid, where the notice discloses the basis of computation—Whether the amount demanded represents the legally enforceable debt is a matter to be determined on evidence during trial and not in revisional jurisdiction. (Paras 25, 35, 37 and 40) B. Negotiable Instruments Act, 1881—Section 138—Dishonour of cheque—Demand notice—Validity—The Sessions Court erred in holding the statutory notice invalid solely because the amount demanded was low...
(9) DELHI
Bail Application
A. Narcotic Drugs and Psychotropic Substances Act, 1985—Section 37—Bail—Commercial quantity—In offences involving commercial quantity of narcotic drugs, bail can be granted only after the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of the alleged offence and is not likely to commit any offence while on bail, after affording an opportunity of hearing to the Public Prosecutor. B. Criminal Procedure Code, 1973—Section 50—Constitution of India, 1950—Article 22(1)—Grounds of arrest—The arrested person must be informed of the grounds of arrest to enable an effective defence—No particular format is prescribed, and substantial compliance with the statutory and constitutional requirement is sufficient unless prejudice is demonstrate...