A. Criminal Procedure Code, 1973—Section 482—Quashing of Criminal Proceedings—Unimpeachable Alibi—Where undisputed official records maintained in the ordinary course of duty conclusively establish that the accused was not present at the place of occurrence and thereby render the prosecution case inherently improbable, such unimpeachable documentary evidence may be considered at the threshold under Section 482 Cr.P.C.; continuation of proceedings in such circumstances would amount to abuse of the process of the Court. (Paras 25–35) B. Indian Penal Code, 1860—Section 304B—Dowry Death—Essential Ingredients—Mere absence of an accused from the scene of occurrence is not, by itself, sufficient to exonerate him where there is credible evidence of dowry-related cruelty or harassment “...
A. Securities and Exchange Board of India Act, 1992—Sections 12A(d), 15G, 15HB & 11B—Insider Trading—Trading while in Possession of UPSI—Presumption—Where a person trades in securities while in possession of unpublished price sensitive information, Regulation 4(1) of the PIT Regulations raises a presumption that the trades were motivated by such UPSI; the purpose or subsequent use of the sale proceeds is immaterial, and the finding of insider trading and consequential disgorgement is sustainable. (Paras 11, 13, 16) B. SEBI (Prohibition of Insider Trading) Regulations, 2015—Regulations 4(1) & 9(1)—Defences to Insider Trading—Scope—The defences contemplated under Regulation 4(1) are not exhaustive, but any additional defence must be of a nature similar to those specifically re...
A. Service Law—Suppression of Criminal Antecedents—Termination of Employment—Two-Pronged Enquiry—Mere non-disclosure of criminal antecedents does not automatically justify termination; the employer must first determine whether the candidate knowingly suppressed the antecedent and, secondly, objectively assess the nature and gravity of the offence, nature of post, duties, circumstances of suppression and outcome of the criminal case before deciding whether termination is warranted. (Paras 20–24) B. Service Law—Suppression of Criminal Antecedents—Knowledge of Criminal Case—Burden on Employee—Where the employee establishes by cogent documentary evidence that he had no knowledge of the pending criminal case, non-disclosure cannot amount to deliberate suppression or false information; ho...
A. Civil Procedure Code, 1908—Order XXXII Rule 15—Persons of Unsound Mind—Mental Capacity in Judicial Proceedings—Mere allegation of mental illness does not render a party incapable of participating in judicial proceedings; where such capacity is questioned, the Court must conduct a time-bound expert enquiry to determine whether the person is actually incapable of protecting his/her interests. (Paras 12, 21–22) B. Mental Healthcare Act, 2017—Section 105—Question of Mental Illness in Judicial Process—Expert Examination—Where mental illness is produced and challenged in judicial proceedings, the issue must be referred to the concerned Mental Health Board for expert examination and opinion; the Court must ensure that the person's dignity, rights and interests are protected. (Paras ...
A. Hindu Marriage Act, 1955—Sections 24 & 26—Interim Maintenance—Determination of Quantum—Voluntary Deductions—While determining the husband's income for fixing maintenance of minor children, voluntary deductions such as Provident Fund contributions and Employee Stock Purchase Schemes (ESPPs), which ultimately accrue as benefits to the earning spouse, cannot be treated at par with compulsory deductions like income tax and professional tax for reducing his effective income; maintenance must be assessed on the basis of the parties' actual financial capacity and the children's reasonable needs. (Paras 19–20) B. Hindu Marriage Act, 1955—Section 26—Maintenance of Minor Children—Standard of Living and Medical Circumstances—The maintenance payable for minor children m...
A. Indian Penal Code, 1860—Sections 302, 304 Part II read with Section 34—Conviction—Alteration of Conviction—Material inconsistencies regarding the place of occurrence, presence of accused and manner of transportation of the injured to hospital created serious doubt in the prosecution case; consequently, conviction under Section 302 read with Section 34 IPC was rightly altered to Section 304 Part II IPC, and in absence of sufficient evidence to restore the original conviction, the modified conviction was upheld. (Paras 7, 10, 11, 15–17) B. Indian Evidence Act, 1872—Section 32—Dying Declaration—Reliability—Victim's statement recorded before death—Severe injuries raised doubt regarding the victim's mental and physical condition; inconsistencies in the statement and over...
A. Transfer of Property Act, 1882—Section 54—Sale deed—Non-payment of balance sale consideration—Effect: A registered sale deed does not become void, inoperative or liable to cancellation merely because the balance sale consideration remains unpaid. Under Section 54 of the Transfer of Property Act, payment of the entire sale price at the time of execution is not a sine qua non for completion of a valid sale; once the parties intend to transfer ownership and the sale deed is duly executed and registered, title passes to the transferee, and the vendor's remedy is recovery of the unpaid consideration, not cancellation of the sale deed. (Paras 10–15) B. Civil Law—Cancellation of sale deed—Appropriate remedy—Recovery of balance consideration: Where the vendors themselves executed the sale ...
A. Land Acquisition Act, 1894—Sections 18 & 23—Compensation for similarly situated landowners—Parity in compensation: Where the acquired land was covered by the same acquisition notification and compensation for identical lands had already been finally determined by the Supreme Court at Rs. 6,50,000/- per acre, the Court, exercising powers under Article 142 of the Constitution, extended the same rate of compensation with statutory benefits to the appellants to maintain parity and avoid discrimination, notwithstanding the dismissal of their review petition. (Paras 5, 7, 10) B. Land Acquisition Act, 1894—Delay in pursuing enhancement—Interest on enhanced compensation—Denial: Although enhanced compensation was granted to ensure parity with other landowners, the appellants, having been guilty of inor...
A. Civil Procedure Code, 1908—Order XIII Rule 3—Rejection of documents—Testamentary proceedings—Held: Documents and averments in a proof affidavit cannot be eschewed at the threshold merely because their admissibility or relevance is disputed—Unless a document is ex facie inadmissible in law, objections to its admissibility or evidentiary value should ordinarily be decided at the stage of final adjudication—However, xerox copies filed without explaining the non-production of originals are liable to be excluded—Mere exhibition of documents does not amount to proof of their contents, which must be established in accordance with law. (Paras 9, 10, 11, 12) B. Evidence—Proof affidavit—Marking of exhibits—Held: Mere marking or exhibiting of a document does not dispense with the lega...
A. Environmental Law—River Pollution and Ecological Restoration—Jojari–Bandi–Luni River System—Held: The Supreme Court, taking suo motu cognizance of severe environmental degradation caused by industrial pollution, illegal discharge of untreated effluents and regulatory failures, issued comprehensive directions for restoration of the Jojari–Bandi–Luni river system—Directed scientific determination of the High Flood Line, creation of ecological buffer zones, removal of illegal industrial activities, and constitution of an Integrated Coordination Group and a River Rejuvenation Authority to ensure coordinated, long-term conservation and effective implementation of river restoration measures through an integrated, multidisciplinary approach. (Paras 18, 19, 20, 22, 33) B. Environmental Law&mda...
A. Trusts and Trustees — Rendition of Accounts — Maintainability — Co-trustee against Co-trustee — A suit by one trustee against a co-trustee for rendition of accounts is maintainable, as every trustee has the right to know the financial position of the trust and to demand accounts from a co-trustee entrusted with collection and expenditure of trust income — such accountability is necessary for proper supervision of trust affairs and to protect trustees from liability arising from misappropriation — (Para 6). B. Civil Procedure Code, 1908 — Section 92 — Rendition of Accounts — Legal Representatives — Survivability — A suit by co-trustees for rendition of accounts to enforce their individual right of supervision does not fall within Section 92 CPC, which concerns represen...
A. Civil Procedure Code, 1908 — Order V Rule 1, Order VIII Rules 1 & 10, Section 151 — Karnataka Amendment Act, 2024 — Written Statement — 120-day limit — Held, the 120-day period is ordinarily mandatory and the right to file written statement stands forfeited thereafter; however, the amendment cannot be construed as completely extinguishing the limited judicial discretion preserved under Rule 10 and Section 151 CPC, as recognized in Salem Advocate Bar Association (2005) — In exceptional and compelling circumstances, where refusal to accept the written statement would result in grave miscarriage of justice or manifest injustice, the Court may exercise narrowly confined discretion, for reasons to be recorded and ordinarily upon realistic costs; such discretion is not to be exercised routinely or mech...
A. Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Sections 35 & 39—Court Fees Act, 1870—Court fee on appeal—Held: A memorandum of appeal against a composite decree for eviction, arrears of rent and mesne profits is required to be valued on the subject matter in dispute in appeal—Where the appellant challenges the entire decree, court fee is payable on the entire decretal liability, including accrued or ascertainable mesne profits—Court fee paid on the original application does not determine the court fee payable in appeal. (Paras 44 to 76) B. Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Section 39—Court Fees Act, 1870—Statutory fiction—Scope—Held: Section 39(2) deems an application before the Rent Authority and an appeal before the Rent ...
A. Bhartiya Nagrik Suraksha Sanhita, 2023—Section 147 (Corresponding to Section 128 Cr.P.C.)—Enforcement of Maintenance Order—Limitation period for recovery warrant—Continuing Liability in nature—A maintenance order passed U/s 125 Cr.P.C. continues to remain operative until modified or set aside by a competent court, and the husband's obligation to pay monthly maintenance is a continuing statutory liability—Every monthly default in payment of maintenance gives rise to a recurring and continuing cause of action for enforcement of the subsisting maintenance order—The one-year limitation prescribed in the first proviso restricts only the issuance of a recovery warrant and does not extinguish the claimant's substantive right to recover maintenance arrears. (Para 16, 17, 18 21, 22) B. Bharti...
A. Negotiable Instruments Act, 1881—Section 138—Code of Criminal Procedure, 1973—Section 372 Proviso—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 413—Appeal against acquittal—Complainant as victim—Held: In prosecutions under Section 138 of the Negotiable Instruments Act, the complainant, being the payee or holder in due course of the dishonoured cheque, is also the "victim" of the offence and, therefore, possesses an independent statutory right to challenge an order of acquittal under the proviso to Section 372 of the Code of Criminal Procedure, 1973/Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023 before the Court immediately superior to the Trial Court, namely the Sessions Court. Consequently, appeals erroneously instituted before the High Court under Section 378 o...
A. Negotiable Instruments Act, 1881—Section 138—Code of Criminal Procedure, 1973—Section 372 Proviso—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 413—Appeal against acquittal—Complainant as victim—Held: In a prosecution under Section 138 of the Negotiable Instruments Act, the complainant, being the payee or holder of the dishonoured cheque, is also a "victim" of the offence and is entitled to prefer an appeal against an order of acquittal under the proviso to Section 372 of the Code of Criminal Procedure, 1973/Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023 before the Court immediately superior to the Trial Court, namely the Sessions Court. Such remedy is independent of the procedure under Section 378 of the Code, and pending appeals presented before the High Court ...
A. Negotiable Instruments Act, 1881—Sections 138, 118(a) and 139—Dishonour of cheque—Statutory presumptions—Rebuttal—Service of notice—Held: In a prosecution under Section 138, once the drawer admits or the complainant proves execution of the cheque and the signature thereon, the statutory presumptions under Sections 118(a) and 139 arise that the cheque was issued for valid consideration and in discharge of a legally enforceable debt or liability. The burden then shifts to the accused to rebut the presumptions by leading cogent and probable evidence. A mere denial of liability or an explanation offered in the statement under Section 313 of the Code of Criminal Procedure, without supporting evidence, does not rebut the statutory presumptions. Further, where the statutory demand notice is dispatched to th...
A. Criminal Procedure Code, 1973—Section 125—Maintenance claim—Revisionist claiming maintenance as legally wedded wife—Trial Court rejecting claim due to existence of prior marriage of opposite party and lack of evidence of solemnization of marriage—Held, revisionist cannot claim maintenance under Section 125 CrPC as legally wedded wife when marriage is not established and no live-in relationship is pleaded or proven—Presumption of valid marriage under Section 125 CrPC can arise only where parties have lived together as husband and wife for a considerable period or in a live-in relationship, and mere assertion of being legally wedded wife without evidence of marriage or live-in relationship is insufficient to sustain a maintenance claim. [Paras 7, 9, 12, 13] B. Criminal Procedure Code, 1973—Se...
Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — FIR registered under Sections 420 and 120B IPC — Parties entered into a settlement and implemented the terms of compromise — Respondent No.2 derived benefits from the compromise but failed to support the verification proceedings before the Magistrate — Held, once a compromise is acted upon and benefits derived thereunder, the complainant cannot back out from the settlement, and continuation of criminal proceedings in such circumstances amounts to harassment and abuse of the process of law — FIR and all consequential proceedings quashed. [Paras 9 to 12] ...
A. Indian Penal Code, 1860—Sections 120B, 420 and 406—Negotiable Instruments Act, 1881—Section 138—Criminal Procedure Code, 1973—Section 482—Quashing of cognizance—Held: Where the allegations against the petitioner merely disclosed that the disputed transaction took place at his residence and no material indicated his participation in the alleged conspiracy, cheating, criminal breach of trust or issuance of the dishonoured cheque, the essential ingredients of the alleged offences were absent. A cognizance order passed without assigning reasons or demonstrating due application of judicial mind cannot be sustained. In the absence of a prima facie case, continuation of the criminal proceedings would amount to abuse of the process of Court and the cognizance order together with all consequential proce...