(1) SUPREME COURT
NDPS
A. Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8(c), 20(b)(ii)(C), 25 and 29(1)—Bail—Parity—Petitioner accused in NDPS offence—Co-accused granted bail—Held, principle of parity applicable—Where similarly placed co-accused have been enlarged on bail, petitioner entitled to same relief—Bail granted without expressing opinion on merits. [Para 2] B. Criminal Procedure Code, 1973—Bail—Conditions—Bail granted subject to furnishing bonds and compliance with conditions—Accused directed to cooperate with trial—Liberty reserved to Trial Court to cancel bail in case of non-cooperation or involvement in similar offences. [Paras 3–4] Result: SLP allowed—Petitioner released on bail on ground of parity. ...
(2) SUPREME COURT
Bail
A. Criminal Procedure Code, 1973—Bail—Delay in trial—Prolonged custody—Petitioner in custody for about 3 years 9 months—Charges framed but trial progressing slowly with only 1 witness examined—Held, prolonged incarceration and delay in trial are relevant considerations—Accused entitled to bail without expressing opinion on merits. [Para 2] B. Penal Code, 1860—Sections 420, 120-B, 468, 471, 489-B, 489-C and 34—Bail—Conditions—Serious economic and forgery-related offences alleged—However, at bail stage, delay in trial outweighs continued detention—Bail granted subject to conditions—Liberty reserved to State to seek cancellation in case of violation or involvement in other offences. [Paras 3–4] Result: SLP allowed—Petitioner r...
(3) SUPREME COURT
Bail
A. Criminal Procedure Code, 1973—Bail—Delay in trial—Accused in custody for over two years—Trial progressing slowly with only 1 out of 26 witnesses examined—Held, prolonged incarceration coupled with delay in trial is a relevant factor—Accused entitled to bail without expressing opinion on merits. [Para 2] B. Penal Code, 1860—Sections 363, 366-A, 201—Protection of Children from Sexual Offences Act, 2012—Section 6—Bail—Serious offences including POCSO alleged—However, inconsistencies in victim’s statements and slow trial noted—Held, merits to be examined at trial—At bail stage, delay and custody period justify grant of bail. [Para 2] C. Criminal Procedure Code, 1973—Bail—Conditions and trial directions—Bail granted su...
(4) SUPREME COURT
Suspension of sentence
A. Criminal Procedure Code, 1973—Section 389—Suspension of sentence—Life imprisonment—Appellant undergoing life imprisonment—Has undergone about 13 years of incarceration—Appeal pending before Supreme Court—Held, prolonged incarceration coupled with delay in disposal of appeal is a relevant factor—Sentence suspended and bail granted. [Paras 5, 7] B. Criminal Procedure Code, 1973—Bail—Considerations—Conduct and antecedents—State placed record of criminal antecedents—Most cases old and pending trial—Prison conduct of appellant certified to be satisfactory—Held, satisfactory jail conduct and long custody tilt balance in favour of granting bail, notwithstanding pending cases. [Paras 3–5] C. Criminal Procedure Code, 1973—Condit...
(5) SUPREME COURT
Conviction
A. Negotiable Instruments Act, 1881—Section 138—Conviction—Multiple complaints—Dishonour of cheques—Petitioner convicted in multiple complaint cases—Sentence of two years’ simple imprisonment with fine and compensation imposed—Appeals dismissed—Challenge pending before Supreme Court—Held, matter requires consideration. [Paras 2–5, 9] B. Criminal Procedure Code, 1973—Bail—Post-conviction—Petitioner in custody since long period—Submission that entire cheque amount/compensation paid—Another connected matter already pending before Supreme Court—Held, in such circumstances, petitioner entitled to be released on bail pending consideration of appeal. [Paras 10–12, 16] C. Criminal Procedure Code, 1973—Interim relief&md...
(6) SUPREME COURT
Medical negligence
A. Constitution of India—Article 32/226—Court-monitored investigation—Grave crime—Brutal sexual assault and murder of a four-year-old child—Allegations of police inaction and insensitive conduct by authorities—Held, where investigation appears tainted and public confidence shaken, Court can direct court-monitored, time-bound investigation by independent agency/SIT to ensure complete justice. [Paras 7–9] B. Bharatiya Nyaya Sanhita, 2023—Sections 103(1), 238(a), 64—Non-registration of appropriate offences—FIR registered only for murder and destruction of evidence despite clear indicators of sexual assault—Medical and inquest reports showing injuries to private parts—Held, failure to invoke appropriate provisions relating to sexual offences reflects serious lapse...
(7) SUPREME COURT
Suspension of sentence
A. Criminal Procedure Code, 1973—Section 389—Suspension of sentence—Post-conviction—After conviction, presumption of innocence stands displaced—Suspension of sentence not to be granted as a matter of course, particularly in serious offences like murder—Appellate court must record reasons and consider nature of offence, gravity, and evidence—Re-appreciation of evidence at this stage impermissible—Held, High Court erred in granting suspension of sentence. [Paras 14–16, 18, 20] B. Penal Code, 1860—Section 302 read with Section 34—Constructive liability—Absence of specific overt act not decisive—Where offence committed in furtherance of common intention, each accused equally liable—High Court erred in granting relief on ground that fatal shot attribute...
(8) SUPREME COURT
Cruelty and desertion
A. Hindu Marriage Act, 1955—Sections 13(1)(ia) & 13(1)(ib)—Divorce—Cruelty and desertion—Findings of Family Court and High Court that wife subjected husband to cruelty and had deserted him—Based on appreciation of oral and documentary evidence including conduct, complaints, and testimony of parties and children—Held, findings are pure findings of fact—No perversity shown—Interference by Supreme Court not warranted. [Paras 5–7, 9–10] B. Hindu Marriage Act, 1955—Divorce—Irretrievable breakdown of marriage—Parties living separately for long period (since 2018)—Marriage solemnised in 2002—No possibility of reconciliation—Held, prolonged separation indicates complete breakdown of matrimonial bond—Supports grant of decree of divorce...
(9) SUPREME COURT
Service Law
A. Constitution of India—Article 14—Equality—Dearness Allowance (DA) and Dearness Relief (DR)—Object of DA (for serving employees) and DR (for pensioners) is identical, i.e., to mitigate impact of inflation—Inflation affects both classes equally—Held, fixing a higher rate of increase of DA than DR, when both are linked to same inflation index, is arbitrary and violative of Article 14. [Paras 21, 25–27] B. Constitution of India—Article 14—Reasonable classification—Test—Classification must satisfy twin tests: intelligible differentia and rational nexus with object sought to be achieved—Differentiation between serving employees and pensioners in rate of DA/DR enhancement lacks rational nexus with object of combating inflation—Hence, impermissible. [Par...
(10) SUPREME COURT
Reservation
A. Reservation—EWS Category—Validity of certificate—Financial year requirement—For claiming reservation under Economically Weaker Section (EWS), the income and asset certificate must relate to the financial year prior to the year of application—Certificate must also be issued within the prescribed time and in the prescribed format—Certificates issued prior to closure of the relevant financial year or relating to a different financial year held invalid. [Paras 23–25] B. Recruitment—Cut-off date—Eligibility conditions—Held, eligibility conditions, including possession of valid EWS certificate, must be fulfilled on or before the cut-off date—Candidates not possessing valid certificate in prescribed form by last date of application are not entitled to claim reserv...
(1) TRIPURA
Bail, NDPS
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 483—Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 21(c), 25, 29, 37, 50—Bail—Commercial quantity—Rigours of Section 37—Where contraband of commercial quantity is involved, rigours of Section 37 NDPS Act apply and bail cannot be granted unless twin conditions are satisfied—Mere procedural objections or arguments on merits are insufficient to dilute statutory embargo—Bail rejected. [Paras 24, 25] B. Narcotic Drugs and Psychotropic Substances Act, 1985—Section 50—Compliance—Stage of consideration—Question whether mandatory safeguards under Section 50 have been complied with or not is a matter to be examined during trial and not at the stage of bail—Court should refrain from undertakin...
(2) ALLAHABAD
Maintainability
A. Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Sections 32, 34, 35—Constitution of India—Articles 226 & 227—Maintainability—Orders passed by Rent Tribunal under Section 35, presided over by District Judge/ADJ, are judicial orders of a Civil Court—Such orders are not amenable to writ jurisdiction under Article 226—Remedy lies under supervisory jurisdiction under Article 227.[Paras 30, 31, 46, 54] B. Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Sections 32, 34, 35—Rent Tribunal—Nature—Persona designata vs Civil Court—Rent Tribunal is presided by District Judge/ADJ as a pre-existing judicial authority, not as persona designata—Exercises powers of Civil Court, renders binding adjudications, and forms part of judicial hierarchy...
(3) PATNA
Investigation
A. Indian Penal Code, 1860—Section 302 read with Section 34—Arms Act, 1959—Section 27—Code of Criminal Procedure, 1973—Section 313—Appreciation of evidence—Related witnesses—Conviction can be sustained on the basis of testimony of related witnesses if found reliable and trustworthy—Mere absence of independent witnesses is not fatal—Minor contradictions regarding place or manner of presence of witnesses do not affect core prosecution case—Interested witnesses cannot be discarded solely on ground of relationship. [Paras 46, 53, 65] B. Code of Criminal Procedure, 1973—Sections 174, 154, 156—Investigation—Inquest—Commencement prior to FIR—Proceedings under Section 174 CrPC (inquest) are distinct from investigation of cognizable offence&mdas...
(4) HIMACHAL PRADESH
Tenancy
A. Code of Civil Procedure, 1908—Section 96—Delhi Rent Control Act, 1958—Section 50—Tenancy—Burden of proof—Burden to prove existence of landlord-tenant relationship lies on the person asserting tenancy—Mere plea of oral tenancy without documentary or reliable oral evidence is insufficient—Proceedings under rent deposit provisions do not establish tenancy—Failure to discharge burden results in treating occupant as unauthorized/trespasser. [Paras 19, 20] B. Specific Relief Act, 1963—Section 5—Code of Civil Procedure, 1908—Section 96—Recovery of possession—Trespasser—Where plaintiff establishes ownership and defendant fails to prove lawful possession, decree for recovery of possession and injunction is justified—Unauthorized occupation am...
(5) ALLAHABAD
Eviction
A. Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Section 21(2)(m)—Eviction—Landlord’s requirement—Scope—Under Section 21(2)(m), landlord is only required to demonstrate that the premises are needed for his occupation—Requirement of proving “bona fide need” or comparative hardship, as existed under repealed U.P. Act No. 13 of 1972, stands consciously omitted—Court cannot import such conditions—Once requirement is pleaded and remains unrebutted, eviction is justified. [Paras 12, 16, 33, 38] B. Statutory Interpretation—Casus omissus—Plain meaning rule—Where legislature has deliberately omitted expressions such as “bona fide requirement”, Court cannot reintroduce them by interpretation—Provision must be construed strict...
(7) HIMACHAL PRADESH
A. Indian Penal Code, 1860—Section 447—Criminal trespass—Acquittal upheld—Prosecution must prove intent to insult, intimidate, or annoy the person in possession of the land—Mere possession, even if illegal, is insufficient to constitute criminal trespass—Demarcation conducted in absence of the accused and without following proper procedure held inadmissible—Complaint lacking averments regarding requisite intent—Essential ingredients of Section 447 IPC not satisfied. [Paras 6, 19, 22, 24] B. Indian Forest Act, 1927—Sections 26, 4—Prosecution for acts in reserved forest—Acquittal upheld—No evidence produced to show notification declaring the land as reserved forest—Notification relied upon did not specify relevant Khasra numbers—Mandatory requirements of ...
(8) HIMACHAL PRADESH
A. Indian Penal Code, 1860—Section 447—Criminal trespass—Mere possession of Government land without intent to insult, intimidate, or annoy does not constitute criminal trespass—Complaint failing to specifically aver such intent—Essential ingredients of Section 447 IPC not satisfied. [Paras 6, 17, 19] B. Indian Forest Act, 1927—Sections 29, 30, 31, 33—Encroachment of Government land—Encroachment below 10 bighas—As per precedent, FIR not lodgable—Notification declaring reserved/protected forest and its publication in vernacular language mandatory to attract penal consequences under Section 33—Failure to prove such publication renders prosecution unsustainable. [Paras 15, 20, 21, 23] C. Criminal Procedure Code, 1973—Section 437A—Bhartiya Nagarik Suraksha Sanh...
(9) CALCUTTA
Quashing of proceeding, Criminal conspiracy
A. Bhartiya Nyaya Sanhita, 2023—Sections 318(4), 316(2), 61(2)—Criminal Procedure Code, 1973—Section 482—Quashing of criminal proceedings—Partnership dispute—Allegations of cheating and criminal breach of trust arising out of business disagreement—Trial Court rightly directed investigation after preliminary inquiry—At the stage of quashing, Court should not appreciate evidence—Criminal proceedings may be quashed where allegations do not prima facie constitute an offence or are inherently improbable—However, where materials exist suggesting commission of a cognizable offence, quashing would lead to miscarriage of justice—Petitioner's failure to cooperate with investigation and remaining absconding weighed against grant of relief—Held, not a fit case for quashing at...
(10) ORISSA
Writ petition
A. Maintenance and Welfare of Parents and Senior Citizens Act, 2007—Section 16—Right of Appeal—Section 16 of the Act clearly and unambiguously grants the right of appeal only to senior citizens or parents aggrieved by an order of the Tribunal, to the exclusion of any other person, including children or other relatives—Consequently, an appeal filed by a son challenging a maintenance order passed in favour of his elderly mother is not maintainable, as he is neither a senior citizen nor a parent. [Paras 10–12] B. Jurisdiction—Appeal filed without statutory right—An appeal preferred before an Appellate Tribunal without a statutory right of appeal is not entertainable and the Tribunal lacks jurisdiction to adjudicate the same—Any order passed in such an appeal is liable to be quashed. [Para 13...