(1) SUPREME COURT
Quashing of proceeding
A. Copyright Act, 1957—Sections 63, 65, 65A—Criminal complaint for infringement—Quashing of proceedings—Bald and unsubstantiated allegations without identification of copied portions insufficient to constitute offence—Absence of prima facie similarity between works fatal to prosecution—Where expert body (SWA) found no similarity and complainant suppressed such material fact, proceedings held frivolous and vexatious—Criminal process cannot be used as a tool of harassment—Proceedings quashed. [Paras 15 to 17, 19] B. Criminal Procedure Code, 1973—Section 482—Summoning order—Application of mind—Summoning of accused is a serious matter and must reflect due application of mind—Magistrate must scrutinise material to ascertain prima facie offence—Mechanica...
(2) SUPREME COURT
A. Insolvency and Bankruptcy Code, 2016—Section 31(1)—Resolution plan—Effect—Extinguishment of claims—Once resolution plan is approved, all claims not forming part of the plan stand extinguished—Creditor cannot pursue independent claim or counterclaim thereafter—Principle of “clean slate” applies with full force—Arbitral counterclaim not submitted before Resolution Professional is not maintainable. [Paras 11 to 13] B. Insolvency and Bankruptcy Code, 2016—Section 3(6)—Arbitration and Conciliation Act, 1996—Set-off—Permissibility post resolution plan—Though counterclaim stands extinguished for non-inclusion in resolution plan, plea of set-off can be permitted as a defence—Such set-off cannot result in any affirmative relief or recovery&md...
(3) SUPREME COURT
A. Forest (Conservation) Act, 1980—Section 2—“Forest” / “Deemed forest”—Determination—Land not recorded as forest in revenue records and not declared forest at time of Master Plan cannot subsequently be treated as “deemed forest” merely due to later growth of vegetation—Subsequent tree growth, especially involving invasive species, does not alter legal character of land—Master Plan classification and historical land use are decisive—No prior approval of Central Government required under Section 2 in such case. [Paras 58 to 60, 65(i)] B. Urban Planning Law—Master Plan—Statutory force—Primacy over subsequent ecological changes—Approved Master Plan has binding statutory force and governs land use—Subsequent natural or artificia...
(4) SUPREME COURT
Service Law
A. Service Law—Punjab and Sind Bank Officers’ Service Regulations, 1982—Regulation 20(3)(iii)—Disciplinary proceedings—Post-retirement—Disciplinary proceedings initiated prior to superannuation—Can be continued even after retirement by virtue of deeming fiction—Employee deemed to be in service till conclusion—Imposition of penalty permissible—Reduction in pay scale valid even after retirement as it affects pension computation—High Court rightly upheld continuance and punishment. (Paras 25, 36, 37, 38) B. Service Law—Departmental enquiry—Scope of judicial review—Perversity—Misconduct by bank officer—Charge of failure to ensure end-use of loan—Supported by evidence (absence of bills, cash withdrawals, NPA account)—No procedura...
(5) SUPREME COURT
Cheating
A. Indian Penal Code, 1860—Sections 415, 420—Cheating—Essential ingredients—Dishonest or fraudulent intention must exist at the inception of the transaction—Mere failure to fulfil promise or subsequent breach of contract does not constitute cheating—Where transaction involves inherent risk (film production with profit-sharing), absence of profit and non-fulfilment of promise does not indicate initial dishonest intention—Proceedings liable to be quashed. (Paras 12, 13, 17) B. Code of Criminal Procedure, 1973—Section 482—Quashing of proceedings—Civil dispute given criminal colour—Investment made in movie project on promise of profit-sharing—Project completed and released—Dispute arose due to non-payment and dishonour of cheques—Held, dispute essentia...
(6) SUPREME COURT
Consumer Protection
A. Consumer Protection Act, 1986—Section 2(1)(d)—Consumer—Commercial purpose—Banking services—Fixed deposit by company—Mere earning of interest on deposit does not ipso facto amount to commercial purpose—Dominant purpose test applicable—Deposit of surplus funds for safe custody or statutory compliance not commercial activity—However, where deposit is linked to availing credit facility or profit generation, it may constitute commercial purpose—Each case to be decided on facts. (Paras 21, 22, 26) B. Consumer Protection Act, 1986—Sections 2(1)(d), 2(1)(o), 2(1)(g)—Consumer dispute—Maintainability—Complex questions—Fraud/forgery allegations—Where complaint involves serious disputed questions of fact including allegations of fraud, forged do...
(7) SUPREME COURT
Circumstantial evidence
A. Penal Code, 1860—Section 302, Section 364—Criminal Procedure Code, 1973—Section 222—Conviction for offence not charged—Minor offence—Accused charged under Section 302 IPC—Convicted under Section 364 IPC—Held, Section 364 is not a minor or cognate offence of Section 302—Ingredients of both offences are distinct—Conviction under Section 364 without specific charge causes prejudice and violates fair trial—Section 222 CrPC not applicable—High Court rightly set aside conviction. (Paras 9, 10) B. Penal Code, 1860—Section 364—Evidence—Abduction—Circumstantial evidence—Prosecution failed to prove abduction—No evidence of force or deceit—Deceased last seen with accused not sufficient—No motive established—Witness...
(8) SUPREME COURT
NDPS
A. Code of Criminal Procedure, 1973—Section 439—Bail—Prolonged incarceration—Accused in custody since 10.03.2023—Not named in FIR and implicated subsequently—Trial commenced and co-accused already on bail—Held, continued incarceration not justified—Bail granted pending trial subject to conditions—Accused directed to cooperate and not delay proceedings. B. Arms Act, 1959—Sections 25, 54, 59—Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 22, 29, 61, 85—Indian Penal Code, 1860—Sections 420, 467, 468, 120B—Code of Criminal Procedure, 1973—Section 439—Bail—Gravity of offences not sole ground to deny bail when trial underway and accused not named in FIR—Parity with co-accused and stage of trial relevant considerati...
(9) SUPREME COURT
Suspension of sentence
A. Indian Penal Code, 1860—Sections 302, 120B—Code of Criminal Procedure, 1973—Section 389—Suspension of sentence—Bail pending appeal—Applicant convicted for murder and conspiracy—Appeal pending before Supreme Court—Parallel proceedings relating to same offence pending before High Court—Co-convicts already granted suspension of sentence—Held, in such circumstances continued incarceration not justified—Sentence suspended and bail granted on appropriate conditions. (Paras 6, 7) B. Code of Criminal Procedure, 1973—Section 389—Appeal—Adjournment sine die—Where adjudication of appeal before Supreme Court likely to impact pending proceedings before High Court, hearing deferred—Appeals adjourned sine die till disposal of connected matters&mdas...
(10) SUPREME COURT
Compensation
A. Motor Vehicles Act, 1988—Sections 166, 168—Compensation—Assessment of functional disability—High Court reduced disability from 63% to 30% without proper analysis—Medical evidence including disability certificate and neuropsychological report remained uncontroverted—Held, functional disability must reflect actual loss of earning capacity—Considering cognitive impairment, partial blindness and nature of employment as Manager, functional disability assessed at 100%—Reduction by High Court unjustified. (Paras 21, 26, 29, 30) B. Motor Vehicles Act, 1988—Sections 166, 168—Just compensation—Multiplier method—Future loss of earning capacity—Severe neurological and physical impairments resulted in total loss of earning capacity—Applying multiplier method...
(1) ALLAHABAD
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—...
(2) HIMACHAL PRADESH
A. Narcotic Drugs and Psychotropic Substances Act, 1985—Section 37—Bail Conditions—Grant of bail under Section 37 is subject to stringent conditions—The Court must record satisfaction that there are reasonable grounds to believe the accused is not guilty and is unlikely to commit any offence while on bail—Mere prolonged custody or delay in trial, without meeting these statutory requirements, is insufficient to grant bail. B. Narcotic Drugs and Psychotropic Substances Act, 1985—Section 37—Successive Bail Applications—Subsequent bail applications are maintainable only upon a material change in circumstances—Judicial discipline requires that successive applications be placed before the same judge to avoid conflicting orders and prevent misuse of process. C. Criminal Law—Bail &...
(3) GAUHATI
Writ jurisdiction
A. Assam State Commission for Women Act, 1994—Section 10—Jurisdiction—The Assam State Commission for Women has no authority to adjudicate or direct payment of maintenance—Its functions under Section 10 are limited to investigative, recommendatory, and promotional roles, and do not extend to determination of rights or liabilities between parties. B. Constitution of India—Article 226—Writ Jurisdiction—The High Court, in exercise of writ jurisdiction, set aside the Commission’s order directing maintenance, holding it to be a jurisdictional error as the Commission acted beyond its statutory powers. C. Maintenance—Statutory Remedies—Maintenance claims are governed by specific legal provisions such as Section 125 CrPC (now Section 144 BNSS) and personal laws—The Commission ...
(4) GAUHATI
A. Food Corporation of India (Staff) Regulations, 1971—Regulation 60—Recovery Proceedings—Where large quantities of food grains were found missing from storage under employees’ charge, initiation of summary recovery proceedings was held unsustainable in absence of proof of negligence—Mere shortage does not establish liability; negligence must be clearly attributable—Accordingly, stoppage of recovery proceedings was upheld. B. Food Corporation of India—Circulars—Recovery Policy—As per FCI circulars, recovery from employees is permissible only upon prima facie establishment of negligence and must be calculated at prevailing economic cost—Adoption of summary procedure without proof of guilt or negligence renders recovery arbitrary and against public policy. C. Food Corporation...
(5) GAUHATI
Retrenchment
A. Industrial Disputes Act, 1947—Sections 2(oo), 25F—Retrenchment—Termination of a workman engaged on periodic contractual appointments, upon non-renewal of contract, falls within the exception under Section 2(oo)(bb) and does not amount to retrenchment—Consequently, compliance with Section 25F is not required, particularly where the workman has not completed 240 days of continuous service preceding termination. B. Industrial Law—Compensation in lieu of reinstatement—Where reinstatement granted by the Tribunal is found unsustainable, courts may substitute it with lump sum compensation—Considering prolonged service and extended litigation, such compensation along with appropriate back wages may be awarded to balance equities. C. Industrial Disputes Act, 1947—Section 17B—Back Wages...
(6) GUJARAT
A. First Appeal—Code of Civil Procedure, 1908 Section 96—Appellate court will not interfere with trial court findings where appreciation of evidence is proper—Mere possibility of an alternate view is insufficient to reverse a well-reasoned judgment. B. Agency & Liability—Indian Contract Act, 1872 Sections 230–231—Agent of a disclosed principal is not personally liable unless there is a contract to the contrary—In absence of privity of contract or express undertaking, no liability can be fastened on agent. C. Privity of Contract & Necessary Party—Plaintiff failed to implead vessel owner (disclosed principal), a necessary party—No contractual relationship established with agents—Claim against charterer barred by limitation. D. Proof of Documents & Claim Failure...
(7) GUJARAT
A. Appeal for Enhancement—Motor Vehicles Act, 1988 Section 173—Claimants sought enhancement of compensation—Appeal confined to quantum as findings on negligence and liability had attained finality. B. Income Assessment—Section 166—In absence of documentary proof, income of deceased assessed on basis of minimum wages—Monthly income reasonably fixed at Rs. 2,800/-. C. Compensation Computation Principles—Addition of 40% towards future prospects applied as per National Insurance Co. Ltd. v. Pranay Sethi—Deduction of 1/4th towards personal expenses for four dependents and multiplier of 16 for age 35 applied as per Sarla Verma v. DTC. D. Conventional Heads & Enhancement—Consortium (spousal, parental, filial), funeral expenses, and loss of estate awarded in line with Magma Genera...
(8) GUJARAT
Abetment of Suicide
A. Abetment of Suicide—Indian Penal Code Sections 306 & 114—Conviction requires clear proof of instigation, conspiracy, or intentional aid—Mere harassment or general allegations are insufficient—There must be a proximate and direct nexus between accused’s conduct and the act of suicide. B. Appeal Against Acquittal—Code of Criminal Procedure, 1973 Section 378—Though appellate court can reassess evidence, it must respect trial court’s findings and presumption of innocence—Interference justified only when judgment is perverse, based on misreading of evidence, or when no reasonable alternative view exists. C. Acquittal Upheld—Failure of Proof—Charges under IPC Sections 498A, 306, and 114 not established beyond reasonable doubt—Evidence suffered from inconsistenc...
(9) GUJARAT
Dishonour of cheque, Burden of Proof
A. Appeal Against Acquittal—Code of Criminal Procedure, 1973 Section 378—Appellate court may reappreciate evidence but interference with acquittal is limited—Unless findings are perverse, illegal, or based on misreading of evidence, acquittal should not be disturbed—Trial court’s plausible view upheld. B. Dishonour of Cheque—Negotiable Instruments Act, 1881 Section 138—Essential ingredient is existence of legally enforceable debt or liability—Though statutory presumption under Section 139 operates, it is rebuttable by probable defence. C. Rebuttal of Presumption & Evidence—Complainant admitted cheque was blank and issued for a different purpose (refund related to matrimonial bureau), not for alleged loan—Contradictory stand undermined claim of legally enforceable debt&m...
(10) GUJARAT
Burden of Proof
A. Appeal Against Acquittal—Code of Criminal Procedure, 1973 Sections 378 & 389—Appellate court has wide powers to reassess evidence but must respect trial court’s findings, especially on credibility—Interference warranted only where judgment is perverse, based on misreading, or where only one view of guilt is possible—Double presumption of innocence operates in favour of the accused. B. NDPS Offence—Possession & Proof—Under Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 8(c), 20(b), prosecution failed to establish ownership or conscious possession—Mere presence at premises insufficient to infer guilt. C. Evidentiary & Procedural Lapses—Hostile panch witnesses, contradictions in seizure, discrepancies in dates, and failure to follow procedure undermined...