A. Code of Civil Procedure, 1908—Order XII Rule 6—Decree on admission—Requirement of clear and unequivocal admission—A decree on admission can be passed only where the admission is clear, unambiguous, and leaves no room for doubt—Where the defendant’s written statement reproduces the plaintiff’s averments regarding outstanding rent but simultaneously denies non-payment and asserts timely payment, the pleadings disclose a dispute raising triable issues—In such circumstances, passing a decree on admission is unwarranted and the matter requires full trial. (Paras 14 to 18) B. Code of Civil Procedure, 1908—Order XII Rule 6—Reproduction of pleadings—Not an admission—Holistic reading of written statement—Mere reproduction of the plaintiff’s pleadings in the w...

A. Arbitration and Conciliation Act, 1996—Section 37—Appeal against order under Section 34—Scope of interference—Limited judicial review—While exercising jurisdiction under Section 37, the appellate court does not rehear the matter on merits or sit in appeal over findings of fact recorded by the arbitral tribunal—Interference is warranted only where the court under Section 34 has ignored settled parameters or where findings suffer from patent illegality, perversity, or manifest error—Legislative intent is to minimise judicial intervention and accord finality to arbitral awards—Where the learned Single Judge has applied the correct principles and the findings disclose no manifest error, appellate interference is unwarranted and the appeals are liable to be dismissed. (Paras 1 to 3, 25 to 28, ...

A. Indian Penal Code, 1860—Sections 341, 354 & 323—Conviction—Sustainability—Corroboration of victim’s testimony—Conviction under IPC for offences of wrongful restraint, causing hurt, and outraging modesty is sustainable where prosecution evidence, including the testimony of the victim, is cogent and duly corroborated—Unauthorized investigation under another statute does not vitiate conviction under IPC where evidence otherwise establishes guilt—Sentence imposed found reasonable and upheld. (Paras 13 to 29, 36 to 37) B. Indian Penal Code, 1860—Section 324—Hurt by dangerous weapon—Scope—Injury by teeth—Injury caused by human teeth cannot be construed as being inflicted by a “dangerous weapon or means” within the meaning of Section 324 IPC&mdash...

A. Negotiable Instruments Act, 1881—Section 138 read with Sections 118 & 139; Code of Criminal Procedure, 1973—Section 313—Presumptions—Cheque issuance admitted—Burden of proof—Where issuance of cheque and signature are admitted, presumptions arise under Sections 118 and 139 of the Act that the cheque was issued for consideration and in discharge of a legally enforceable debt or liability—The burden lies on the accused to rebut the presumption by cogent evidence—Mere denial in the statement under Section 313 CrPC is insufficient to discharge such burden. (Paras 21 to 23, 29) B. Negotiable Instruments Act, 1881—Section 138—Subsequent payment—Effect on offence—Payment made after the cause of action has arisen, including after issuance of legal notice, does not ex...

A. Indian Penal Code, 1860—Sections 341, 352, 506; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 3(1)(x)—Appeal against acquittal—Scope of interference—Double presumption of innocence—In an appeal against acquittal, the High Court cannot interfere unless the judgment suffers from patent perversity, is based on misreading or omission of material evidence, or results in manifest miscarriage of justice—After acquittal, the accused enjoys a double presumption of innocence—Where the view taken by the Trial Court is a reasonable and possible view, the same is not liable to be interfered with merely because another view is possible. (Paras 12, 13, 30 to 32) B. Code of Criminal Procedure, 1973—Section 437A [Corresponding to Section 481 of the Bharatiya ...

A. Indian Penal Code, 1860—Sections 341 & 323 read with Section 34—Constitution of India—Article 21—Quashing of FIR—Right to speedy trial—Inordinate delay—The right to a speedy trial is a fundamental right guaranteed under Article 21 of the Constitution—Where proceedings remain pending for over 14 years for offences punishable only with a nominal fine not exceeding Rs.100/-, such delay amounts to a travesty of justice—Continuation of such proceedings would be unjustified, and the FIR along with consequential proceedings is liable to be quashed on the ground of unreasonable delay. (Paras 10, 11, 13) B. Himachal Pradesh Panchayati Raj Act, 1994—Section 33—Jurisdiction of Gram Panchayat—Minor offences—Delay in proceedings—Under Section 33 of the Himach...

A. Bharatiya Nyaya Sanhita, 2023—Section 64—Protection of Children from Sexual Offences Act, 2012—Sections 4 & 6—Quashing of FIR—Compromise between parties—Marriage between accused and victim—Where the accused and the victim have solemnized marriage and are living together happily, continuation of criminal proceedings arising out of offences under Section 64 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 would not serve any fruitful purpose—In such circumstances, the FIR is liable to be quashed in exercise of inherent powers, considering the settlement between the parties—(Para 8, 9, 10) B. Bharatiya Nyaya Sanhita, 2023—Section 64—Protection of Children from Sexual Offences Act, 2012—Sect...

A. Negotiable Instruments Act, 1881—Section 138—Evidence Act, 1872—Sections 101, 102—Dishonour of cheque—Presumption—Rebuttal—Presumption of legally enforceable debt arises on admission of issuance of cheque—However, accused can rebut presumption on preponderance of probabilities—Defence that cheque was issued as security for committee transaction found probable—Failure of complainant to produce proof of loan weakens case—Acquittal justified. [Paras 16 to 19] B. Code of Criminal Procedure, 1973—Section 378; Principles governing appeal against acquittal—Appellate Court can interfere with acquittal only if findings are perverse, based on misreading of evidence, or no reasonable view possible—Where two views are possible, view favouring accused must p...

. Code of Criminal Procedure, 1973—Section 362—Review/recall/modification of judgment—Scope of power to recall or review criminal court’s final order is extremely limited—Once a judgment is signed, it cannot be altered except for correcting clerical or arithmetical errors—No review on merits is permissible—Application seeking modification of final revisional order amounts to re-arguing the case and is not maintainable—No error apparent on face of record found, hence recall refused. [Paras 8 to 10, 13 to 15] B. Code of Criminal Procedure, 1973—Section 362—Error apparent on face of record—Distinction from appeal—Only self-evident errors can justify review—Errors requiring elaborate reasoning cannot be treated as “error apparent”—Review ju...

A. Indian Penal Code, 1860—Section 307 & Indian Evidence Act, 1872—Section 134—Injured Witness—Testimony of the wife as an injured and sterling witness, despite strained matrimonial relations and dowry disputes, was held reliable—Injuries caused by the husband using a firearm were proved through consistent and credible evidence—In cases based on direct evidence, motive loses significance—Conviction under Section 307 IPC was upheld. B. Indian Penal Code, 1860—Section 307—Appreciation of Evidence—Evidence of an injured witness carries great evidentiary value and, when corroborated, prevails over minor inconsistencies, including discrepancies in medical reports—The prosecution successfully established guilt beyond reasonable doubt. C. Indian Evidence Act, 1872—...