A. Transnational Child Custody—Habeas Corpus—Maintainability—A writ petition under Article 226 seeking production and repatriation of a minor child retained in India contrary to a foreign court order is maintainable—Recognition of a foreign custody order for determining legality of retention and welfare of the child does not amount to its execution—Objection to maintainability rejected. B. Guardianship and Custody—Comity of Courts—A parent who voluntarily invoked and participated in foreign proceedings cannot repudiate the resulting adverse order—Valid foreign custody orders passed in accordance with natural justice deserve substantial weight under the doctrine of comity, and courts cannot reward deliberate non-compliance or unilateral retention of a child. C. Welfare of Minor—Se...

A. Penal Code, 1860—Sections 420, 467, 468, 471, 120B—Criminal Procedure Code, 1973 (CrPC)—Regular Bail—Forgery of Will and Property Documents—Accused persons, being sons of a deceased priest, were alleged to have forged a Will, rent receipts, and lease documents to claim ownership and mutation of temple property and to evict tenants—The contention that the alleged forgery had been committed by their deceased father, or that criminal proceedings could not continue without a civil court declaring the Will forged or without probate proceedings, was rejected—The Court held that the use of forged documents before judicial forums, apart from revenue and municipal authorities, independently attracts criminal liability, and criminal prosecution is not dependent upon prior civil adjudication regarding the...

A. Arbitration and Conciliation Act, 1996—S. 11(6)—Territorial jurisdiction—Arbitration agreement silent as to seat or venue—Where the arbitration clause does not specify the seat, venue, or place of arbitration, territorial jurisdiction under Section 11(6) is to be determined with reference to Sections 16 to 20 CPC read with Section 2(1)(e) of the Act, considering the place where the respondent resides or carries on business and where the cause of action, wholly or in part, arises—A petition under Section 11 cannot be instituted before any High Court irrespective of territorial nexus, but only before a High Court exercising supervisory jurisdiction over the competent “Court” under Section 2(1)(e)—Only material, integral, and substantial facts connected with the dispute constitute part of th...

A. Constitution of India, 1950—Art. 161—CrPC, 1973—Ss. 432, 433, 433-A—Remission and premature release policies—Constitutional and statutory powers distinguished—The Haryana Policy dated 12.4.2002, being substantially identical to the 1993 Policy considered in State of Haryana v. Jagdish, is an exercise of the Governor's constitutional power under Article 161, notwithstanding the absence of an express reference to that provision—A statutory policy framed under Sections 432 and 433 CrPC cannot override or supersede a policy issued in exercise of the independent constitutional power under Article 161—Consequently, the Haryana Policy dated 13.8.2008, expressly issued under the CrPC, cannot supersede the 2002 Policy in cases governed by the latter, and the appellant's claim for premature...

A. IPC, 1860—Ss. 302, 498-A r/w 34—Murder and cruelty—Multiple inconsistent dying declarations—Conviction unsustainable—A conviction may rest on a solitary, wholly reliable dying declaration without corroboration, but where multiple dying declarations are materially inconsistent, each must independently satisfy the tests of voluntariness, truthfulness, fitness of mind, and freedom from tutoring—The deceased, suffering 100% burns, gave three different versions: accidental burns in the MLC, an oral accusation to a relative, and a detailed statement before the SDM—The MLC version remained unproved as the recording doctor was not examined; the oral declaration was doubtful since the deceased had been declared medically unfit at the relevant time and the witness had omitted such facts in earlier statem...

A. Administrative Law—Blacklisting of contractors—Duration of debarment—Held, an order of blacklisting cannot operate indefinitely or permanently and must conform to the principles of proportionality and applicable administrative guidelines prescribing the maximum period of debarment—Continuous blacklisting since 2008 was held to be arbitrary, unreasonable, and legally unsustainable, particularly in light of the subsequent development of jurisprudence governing the permissible duration of such punitive measures. (Paras 24, 30, 35, 39, 45) B. Administrative Law—Remedies—Continuing and recurring cause of action—Held, the continuance of an unlawful order of blacklisting gives rise to a recurring cause of action, entitling the affected contractor to challenge the ongoing deprivation notwithstanding...

A. Land Acquisition Act, 1894—Section 18—Compensation for acquisition of land—Apple trees uprooted and partially damaged—Enhancement of compensation—Held, the claimant was entitled to compensation in respect of 14 uprooted apple trees, in accordance with the expert valuation report (Ext. PW-1/A), which assessed the loss at Rs. 2,66,889/-—The Reference Court erred in restricting compensation to 12 trees despite the expert evidence supporting the existence and valuation of 14 uprooted trees—The award was accordingly enhanced to that extent. (Paras 9-13) B. Evidence—Compensation for partially damaged trees—Burden of proof—Held, a claim for compensation in respect of partially damaged apple trees cannot be allowed in the absence of reliable documentary or expert evidence establish...

A. Bharatiya Nyaya Sanhita, 2023—Sections 109, 190, 191(2), 191(3), 115(2) and 117(2)—Bail—Principles governing grant—Held, where the allegations disclose that the accused, acting in furtherance of a common intention, attacked the victims with a deadly weapon and caused serious injuries, the gravity of the offence and the severity of the prescribed punishment constitute significant considerations against the grant of bail—The Court must also assess the possibility of the accused absconding, influencing witnesses, or otherwise interfering with the course of justice—In the facts of the case, these considerations weighed against enlargement of the petitioner on bail. (Paras 11-13) B. Criminal Procedure—Bail jurisprudence—Relevant factors for exercise of discretion—Held, the discretion ...

A. Bharatiya Nyaya Sanhita, 2023—Section 103; Arms Act, 1959—Sections 25 and 27—Regular bail—Parameters governing grant in heinous offences—Held, while considering a prayer for bail in cases involving allegations of murder and criminal conspiracy, the Court must evaluate the nature and gravity of the accusations, the severity of the punishment prescribed, the prima facie material connecting the accused with the offence, the likelihood of influencing witnesses or obstructing the administration of justice, and the larger societal impact of the crime—Where the allegations disclose prima facie involvement of the petitioner in facilitating the commission of the offence as part of a conspiracy to commit murder, the seriousness of the charge and the possibility of punishment extending to death or imprisonment ...

A. Bharatiya Nyaya Sanhita, 2023—Sections 103 and 3(5); Arms Act, 1959—Sections 25 and 27—Anticipatory bail—Heinous offences involving murder and conspiracy—Held, the extraordinary remedy of pre-arrest bail is not to be granted as a matter of course and is intended only for exceptional situations—While considering such relief, the Court must have due regard to the gravity and nature of the accusation, the prima facie involvement of the accused, the impact on investigation, and the severity of the prescribed punishment—In cases attracting punishment of death or imprisonment for life under Section 103 of the Bharatiya Nyaya Sanhita, 2023, the grant of anticipatory bail is ordinarily inappropriate unless compelling circumstances are established. (Paras 9, 12, 13, 17, 18) B. Criminal Procedure Code...