Electricity Act, 2003—S. 164—Telegraph Act, 1885—S. 16(3)—Compensation—Revisional jurisdiction—In proceedings for determination of compensation under Section 16(3) of the Indian Telegraph Act, 1885, as applicable by virtue of Section 164 of the Electricity Act, 2003, the jurisdiction of the District Judge is confined to assessing actual damage caused, including loss of trees and diminution of land use—Compensation awarded towards speculative or notional loss of income from prospective commercial exploitation of land falls outside the permissible scope of such jurisdiction and is liable to be interfered with—The supervisory power of the High Court under Article 227 of the Constitution is limited and can be exercised only in cases of patent perversity, gross miscarriage of justice, or flagrant...

Limitation Act, 1963—Condonation of delay—State authorities—Letters Patent Appeal—The law of limitation applies equally to the State and its instrumentalities, and the Government cannot claim a separate or extended period of limitation on the ground of bureaucratic functioning—Administrative lethargy, procedural red tape, and unexplained movement of files at various levels do not constitute “sufficient cause” for condonation of inordinate delay—Courts have consistently cautioned against mechanically condoning delay merely because the State is the appellant, as such an approach would legitimise callous governance and erode the sanctity of limitation law—In the present case, a substantial delay of 289 days in filing the Letters Patent Appeal remained inadequately explained, reflecting la...

West Bengal Land Reforms Act, 1955—S. 4C—West Bengal Estates Acquisition Act, 1953—Ss. 6(1)(b), 6(1)(c), 6(3)—Conversion of land—Status of applicant — Rejection of an application for conversion of land under Section 4C of the West Bengal Land Reforms Act, 1955 on the ground that the applicant was a lessee and not a raiyat was unsustainable—The petitioner owned 14.33 acres of land, which was within the permissible ceiling of 15 acres for retention of non-agricultural land under Section 6(1)(c) of the West Bengal Estates Acquisition Act, 1953—Retention of land under Sections 6(1)(b) and 6(1)(c) operates automatically and takes effect from the date of vesting, without the necessity of any further order—Consequently, an order passed under Section 6(3) restricting use of a portion of the l...

Protection of Children from Sexual Offences Act, 2012—Age determination—Bail—Ss. 29, 30—In prosecutions under the POCSO Act, determination of the victim’s age assumes critical significance—Where bone ossification test is relied upon, the upper age indicated in the reference range must be considered for assessing minority—Though consent of a minor has no legal sanctity, the factual matrix—including the apparent maturity and intellectual capacity of the victim and existence of a consensual romantic relationship with the accused—may be relevant for the limited purpose of bail—The object of the Act is to shield children below 18 years from sexual exploitation and not to criminalise consensual romantic relationships between adolescents—At the post-charge stage, Section 29 elevat...

Arbitration and Conciliation Act, 1996—Ss. 29, 34, 37—Constitution of India—Arts. 226, 227—Scope of judicial interference—Interlocutory orders of Arbitral Tribunal—Proceedings before an Arbitral Tribunal are subject to minimal judicial intervention, consistent with the legislative intent of expeditious dispute resolution—Interlocutory orders passed by the Tribunal in exercise of its procedural discretion—such as permitting or refusing production of documents, summoning of witnesses, or regulating evidence—are not amenable to challenge under Articles 226 or 227 of the Constitution, except in rare and exceptional circumstances—Parties are ordinarily required to await the final arbitral award, with grievances against procedural orders being raised, if permissible, in proceedings und...

Copyright Act, 1957—Section 14, 51—Infringement—Rights and Remedies A. Copyright Act, 1957—Section 14—Exclusive Rights—Copyright vests in the author of a literary, artistic, musical, or cinematographic work the exclusive right to reproduce, adapt, distribute, perform, or communicate the work to the public. (Para 2) B. Copyright Act, 1957—Section 51—Infringement—Unauthorized use of a copyrighted work, including reproduction, adaptation, sale, or public communication, constitutes infringement, regardless of intent. (Para 3) C. Copyright Act, 1957—Exceptions—Limited exceptions such as private study, research, criticism, review, and reporting of current events do not amount to infringement. (Para 4) D. Remedies—Civil remedies include injunction, damages, and a...

Copyright Act, 1957—Section 14, 51—Infringement—Exclusive Rights—Remedies A. Definition and Scope—Copyright grants the creator of a literary, artistic, musical, or cinematographic work exclusive rights to reproduce, distribute, perform, or communicate the work to the public. (Sec. 14) B. Infringement—Any unauthorized use of a copyrighted work, including reproduction, adaptation, sale, or communication to the public, constitutes infringement. Innocent intention does not absolve liability. (Sec. 51) C. Exceptions and Fair Use—Certain uses, such as private study, research, criticism, or reporting, may not amount to infringement, provided they are within statutory exceptions. D. Remedies for Infringement—Civil remedies include injunction, damages, or accounts of profits; criminal rem...

A. Criminal Procedure Code—Police encounter—Compliance with Supreme Court guidelines—Reiteration of directions in PUCL v. State of Maharashtra (2014) 10 SCC 635—Mandatory registration of FIR in all cases of police encounters resulting in death or grievous injury—Independent investigation to be conducted by CID or by a team headed by an officer senior in rank to head of police team involved—Statement of injured person to be recorded before Magistrate or Medical Officer. (Paras 5, 6 & 13) B. Police conduct—Use of force—Unjustified firing—Infliction of firearm injuries below knee level for extraneous considerations such as career advancement or public image impermissible—Police cannot assume role of judiciary in punishing accused—Right to life and dignity under Art. 21 ...

A. Negotiable Instruments Act, 1881—Sections 138 & 139—Dishonour of cheque—Legally enforceable debt—Statutory presumption—Accused admitted issuance of cheque but pleaded that cheque was issued as security for a different transaction—Defence of cheque issued for security without cogent proof held untenable—Once execution of cheque admitted, presumption under Sections 118 and 139 operates—Absence of written loan agreement not fatal—Complainant established ingredients of Section 138 by oral and documentary evidence—Accused failed to rebut statutory presumption—Conviction upheld. [Paras 10 to 16, 29 to 30] B. Negotiable Instruments Act, 1881—Section 138—Demand notice—Service and compliance—Cheque dishonoured for insufficiency of funds—S...

A. Civil Procedure Code, 1908—Section 96—Appeal against decree—Recovery suit based on promissory notes and cheques—Proof of execution—Suit for recovery of money decreed on basis of two promissory notes and five undated cheques—Promissory notes bearing signatures of deceased borrower—Defendants neither specifically pleaded forgery of handwriting/signatures nor led evidence to disprove execution—Plaintiff proved signatures by summoning bank record—Undated cheques, though not bills of exchange, held to possess corroborative evidentiary value—Trial Court rightly decreed recovery applying preponderance of probabilities—No infirmity in decree—Appeal dismissed. [Paras 18 to 24, 29] B. Evidence Act, 1872—Burden of proof—Denial of signatures—Failure t...