A. Indian Contract Act,1872—Loan Agreement—Hypothecation—Repossession Clause—Self-Help Repossession—Due Process— A financier may exercise a contractual right to repossess a hypothecated vehicle,unless the contractual provision is unconscionable or opposed to public policy—but such self-help remedy must be exercised strictly within the contractual terms and lawful procedure—the right to repossess cannot be treated as an unrestricted licence to seize the borrower’s vehicle by force,stealth or without notice. [Paras 15,24–25] B. Banking Regulation Act,1949—Section 35-A—RBI Guidelines—Fair Practices Code—Recovery of Loans—Repossession of Vehicle— RBI Guidelines issued to banks and NBFCs require recovery of loans through lawful and fair means and...
A. Constitution of India—Article 226—Writ Jurisdiction—Title and Possession—Serious Factual Dispute—Civil Remedy— Where serious disputes exist regarding title and possession of immovable property,the writ court under Article 226 cannot ordinarily record a finding declaring possession or title—such disputed questions are required to be adjudicated by the competent civil court—the availability of an appropriate civil remedy is particularly relevant where the claimant has already been granted liberty to institute a fresh suit. [Paras 4,10] B. Constitution of India—Article 226—Writ Petition by Lessee—Possession Claimed Through Trust—Earlier Adjudication—Restraint on Repeated Writ Proceedings— Where the lessees claim possession through the Trust against whom...
A. Motor Vehicles Act,1988—Section 166(2)—Motor Accident Claims Tribunal—Territorial Jurisdiction—Choice of Forum— A claimant can file a compensation claim before the Claims Tribunal having jurisdiction over the area where the accident occurred,where the claimant resides or carries on business,or where the defendant resides—however,the place where the defendant merely carries on business is not a statutory ground of jurisdiction under Section 166(2)—the provision deliberately uses different expressions for claimant and defendant and must be applied according to its plain language. [Paras 7–8] B. Motor Vehicles Act,1988—Section 166(2)—Insurer—Territorial Jurisdiction—Insurer’s Place of Business— The expression “defendant resides” in Section 1...
A. Military Law—Disability Pension—Entitlement Rules,1982 and 2008—Attributability—Causal Connection— The principles in Dharamvir Singh v. Union of India continue to apply subject to the changes introduced by the Entitlement Rules,2008—the claimant must establish the requisite causal connection between the disability and military service for entitlement to disability pension—the claimant-protective framework under the Rules continues to operate, but automatic presumption of attributability cannot be invoked contrary to the 2008 Rules. [Paras 30,31,34] B. Military Law—Disability Pension—Entitlement Rules,2008—Onus of Proof—Claim Made After 15 Years of Discharge— The Entitlement Rules,2008 place the initial onus upon the employer in cases instituted within 15 years o...
A. Food Safety and Standards Act,2006—Front-of-Package Labelling (FoPL)—HFSS Foods—Ultra-Processed Foods—Consumer Health—Nutritional Information— Front-of-Package Labelling is intended to provide a simple,prominent and readily comprehensible warning regarding foods high in nutrients of concern and to facilitate informed consumer choice—while finalising the FoPL regime,the FSSAI must scientifically determine the applicable thresholds for fat,sugar and salt and ensure that the labelling mechanism is clear,prominent,conspicuous and accessible to consumers having diverse levels of literacy and comprehension—health protection and informed dietary decision-making are integral considerations in framing the regulatory framework. [Paras 3–5,28–29,38] B. Food Safety and Standards Act,20...
A. Electricity Act,2003—Section 56(2)—Electricity Charges—Supplementary Demand—Limitation—“First Due”— The liability to pay electricity charges arises on consumption,but the charges become “first due” only when the bill quantifying the amount payable is issued by the distribution licensee—the two-year period under Section 56(2) commences from the date on which the charges first become due—where Minimum Consumption Guarantee Charges relating to additional load for February–September 1998 were demanded for the first time on 13.02.2007,the demand could not be sustained under Section 56(2),particularly when the amount had not been continuously shown as recoverable arrears in earlier bills. [Paras 8.1,10–11] B. Electricity Act,2003—Section 56(2)—...
A. Juvenile Justice (Care and Protection of Children) Act,2015—Section 94(2)—Protection of Children from Sexual Offences Act, 2012—Section 34—Victim’s Age—Determination of Minority—Prescribed Documents—Medical Age Determination— For determining the age of a POCSO victim, the statutory mechanism under Section 94 of the JJ Act must be followed—the date of birth certificate from the school or matriculation/equivalent certificate has precedence, followed in its absence by a birth certificate issued by a corporation,municipal authority or panchayat—only in the absence of such documents can age be determined through ossification or the latest medical age determination test—a Baptismal Certificate,though corroborated by oral evidence, does not satisfy the statutory requireme...
A. Revenue Records—Evidentiary value of—Question of title and possession—Revenue entries, including Jamabandis and Khasra Girdawaris, are relevant evidence regarding the nature and continuity of possession, but they neither create nor extinguish title and cannot, by themselves, constitute conclusive proof of ownership—The question of title has to be determined on the basis of substantive evidence establishing the source of title—An entry describing possession as “gair marusi bila lagan bawaja Dharam Arth” is an important piece of evidence regarding the nature of possession, but its legal effect must be assessed along with the surrounding circumstances and the entire evidence on record. [Paras 23, 32, 42] B. Religious or Charitable Dedication—Proof—Burden of proof—A valid dedic...
A. Constitution of India—Article 72—CrPC,1973—Sections 432,433—Terrorist and Disruptive Activities (Prevention) Act, 1987—Section 19—Life Imprisonment—Sovereign Assurance—Extradition—25-Year Period— A sovereign assurance given by the Government of India to the Government of Portugal that an extradited accused would not be subjected to imprisonment exceeding 25 years does not convert a sentence of life imprisonment imposed by the competent court into a fixed-term sentence of 25 years—the assurance operates as an executive commitment requiring the Central Government, upon completion of the stipulated period, to consider advising the President under Article 72 or exercising powers under Sections 432 and 433 CrPC—the judicial sentence remains one of life imprisonment and ...
A. Constitution of India—Article 14—Administrative Discretion—National Sports Assignment—Government Employee—Timely Consideration—Judicial Review— Absence of an absolute right to deputation or foreign travel does not mean absence of a right to fair, reasonable, non-arbitrary and timely consideration of a request—administrative discretion remains subject to Article 14 and the authority must consider relevant factors, exclude extraneous considerations and act within a reasonable time—where a recognised National Sports Federation sought the services of a Government employee as coach for preparation of the Indian National Team for an international event, prolonged executive inaction in a time-sensitive matter, capable of prejudicing the national sporting interest, was held amenable to judi...
A. Indian Penal Code,1860—Sections 147,148,149—Unlawful Assembly—Five or More Persons—Common Object—Proof— To attract Section 149 IPC,the prosecution must establish the existence of an unlawful assembly consisting of five or more persons at the place of occurrence—the mere fact that five persons were charge-sheeted is insufficient where the evidence does not establish their presence at the spot—where the prosecution evidence itself creates doubt regarding the presence of some accused,conviction with the aid of Section 149 cannot be sustained. [Paras 15–18] B. Indian Penal Code,1860—Sections 323,149—Assault—Injured Witness—Eye-Witness—Contradictory Attribution of Knife Blow—Benefit of Doubt— Though the testimony of an injured witness ordinari...
A. Narcotic Drugs and Psychotropic Substances Act,1985—Sections 20,29,37—Pre-Arrest Bail—Disclosure Statement of Co-accused—Financial Transaction—Prima Facie Material— Mere reliance upon a disclosure statement of a co-accused may not by itself justify denial of bail, but where the investigation discloses independent corroborative material such as a financial transaction through UPI connecting the applicant with the co-accused, the plea that the applicant is implicated solely on the basis of the disclosure statement cannot be accepted—the Court must consider the totality of the material collected during investigation. [Paras 13–18] B. Narcotic Drugs and Psychotropic Substances Act,1985—Section 37—Pre-Arrest Bail—Anticipatory Bail—Commercial Quantity—Co-accused...
A. Bombay Rents,Hotel and Lodging House Rates Control Act,1947—Section 12(3)(b)—Arrears of Rent—Regular Payment—Tender/Deposit—Mandatory Compliance— The requirement of payment or tender of rent “regularly” under Section 12(3)(b) is mandatory—the tenant seeking protection against eviction must pay or tender rent with reasonable punctuality at the intervals when it falls due—clock-like precision is not required,but persistent defaults for intervals of 2,3 or 4 months cannot be treated as substantial compliance—even subsequent clearance of all arrears does not confer discretionary power upon the Court to relieve the tenant from the statutory consequence. [Paras 8–8.1] B. Bombay Rents,Hotel and Lodging House Rates Control Act,1947—Section 12(3)(b)—Arrears o...
A. Payment of Gratuity Act,1972—Section 2(e)—Employee—State Government Employee—Exclusion—Other Act or Rules— An employee holding a post under the State Government is excluded from the definition of “employee” under the Payment of Gratuity Act where he is governed by another Act or Rules providing for payment of gratuity—the exclusion operates where the employee is already governed by a distinct statutory or rule-based gratuity regime—mere denial of a claim under the Government Rules does not by itself make Section 14 applicable. [Paras 14–20] B. Payment of Gratuity Act,1972—Sections 2(e),14—Overriding Effect—Applicability—State Government Employees—Gratuity under Government Orders— Section 14 of the Act gives overriding effect to the ...
A. Indian Penal Code,1860—Sections 302,34—Murder—Common Intention—Constructive Liability—Participation— Section 34 fastens constructive liability only where the criminal act is committed by several persons in furtherance of the common intention of all—mere presence at the scene,association with the principal offender or possession of a weapon does not by itself establish common intention or participation—there must be reliable circumstances showing prior or contemporaneous meeting of minds and participation having a real nexus with the criminal act—actual infliction of injury by every accused is not indispensable,but some participation in furtherance of the shared design is essential. [Paras 103–123,141] B. Indian Penal Code,1860—Sections 302,34—Common Intention&md...
A. Code of Civil Procedure,1908—Section 114—Order XLVII Rule 1—Review—Scope—Error Apparent—Reappreciation of Findings— Review jurisdiction is confined to an error apparent on the face of the record,discovery of new and important matter or evidence,or any other sufficient reason—a review petition cannot be used as an appeal in disguise to re-argue the case or challenge findings already recorded after consideration of the material—where cogent reasons support the original conclusion,a mere disagreement with such findings does not constitute an error apparent warranting review. [Paras 21–25] B. Code of Civil Procedure,1908—Section 114—Order XLVII Rule 1—Review—Lease—Extension of Tenancy—Unregistered Documents—Challenge to Finding— A...
A. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,1989—Section 3(1)(x)—Intentional Insult or Intimidation—Caste-Based Humiliation—Essential Ingredients— Mere use of a caste-related word during a quarrel does not by itself constitute an offence under Section 3(1)(x)—prosecution must establish intentional insult or intimidation with specific intent to humiliate the victim on the ground of his belonging to a Scheduled Caste or Scheduled Tribe and knowledge of such caste identity—where the occurrence arises from a sudden quarrel and caste-motivated intention is not proved beyond reasonable doubt,the statutory ingredients remain unestablished. [Paras 13–20] B. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,1989—Section 3(1)(x)—&ld...
A. Indian Penal Code,1860—Sections 452,376—Rape—House-Trespass—Victim’s Testimony—Credibility—Corroboration— Testimony of a victim of sexual assault stands on a higher pedestal than that of an ordinary injured witness—the victim is not an accomplice and her evidence does not require corroboration as a matter of law if it is found trustworthy and reliable—prompt FIR, immediate statement, medical evidence and subsequent death of the victim may furnish additional assurance to her version—conviction can be founded on the sole testimony of the victim where the Court is satisfied about its truthfulness. [Paras 60–61,65–69] B. Indian Evidence Act,1872—Section 32(1)—Dying Declaration—Statement under Section 161 CrPC—Subsequent Death of Maker&m...
A. Motor Vehicles Act,1988—Sections 166,168—Motor Accident Claim—Proof—Involvement of Offending Vehicle—Standard of Proof—Preponderance of Probabilities— Proceedings before the Motor Accident Claims Tribunal are governed by the standard of preponderance of probabilities and not proof beyond reasonable doubt—the Tribunal must adopt a pragmatic and liberal approach consistent with the beneficial object of the Motor Vehicles Act—absence of the vehicle number in the initial FIR or initial registration against an unknown vehicle is not by itself fatal where the identity and involvement of the offending vehicle are subsequently established through cogent evidence. [Paras 11–19] B. Motor Vehicles Act,1988—Sections 166,168—Motor Accident Claim—Eyewitness—Rustic...
A. Code of Civil Procedure, 1908—Order 7, Rule 11(a),(d)—Rejection of Plaint—Cause of Action—Bar by Law—Section 47—Execution Proceedings— At the stage of considering an application under Order 7 Rule 11, the Court is primarily required to examine the averments in the plaint—the plaint itself disclosed the complete history of earlier decree, assignment and execution proceedings and the appellants' participation therein—the rights claimed by the appellants had already been adjudicated by the Executing Court and attained finality—no fresh or subsisting cause of action was disclosed and the suit was barred by Section 47 CPC. [Paras 15–17] B. Code of Civil Procedure, 1908—Section 47—Execution, Discharge or Satisfaction of Decree—Separate Suit—Maint...