A. Pension—Disability pension—Schizophrenia—Non-recording of disease at enrolment—Mere absence of any note of mental disorder at the time of enrolment does not mechanically give rise to a presumption that schizophrenia was attributable to or aggravated by military service—Mental disorders may remain undetected at the time of enrolment, particularly where the individual behaves normally and the disease has intervals of normality—Entitlement to disability pension depends upon establishing that military service caused or adversely affected the course of the disease. [Paras 15–20]B. Pension—Disability pension—Entitlement Rules for Casualty Pensionary Awards, 1982—Rule 14, as amended in 1996—Disease—Attributability/aggravation—For acceptance of disease as attributable to military service, disease must have arisen duri...
A. Code of Criminal Procedure, 1973—Section 389—Suspension of sentence—Bail pending criminal appeal—Appellant convicted under Section 302 read with Section 149 IPC and Section 27 Arms Act and sentenced to life imprisonment—Criminal appeal against conviction pending before High Court—Appellant being a senior citizen aged about 68 years—Supreme Court, following its earlier order granting bail to similarly placed co-appellants, directed release of appellant on bail subject to conditions imposed by Trial Court and his appearance before High Court as directed—Appeal allowed. [Paras 1–8]B. Indian Penal Code, 1860—Sections 302, 149—Arms Act, 1959—Section 27—Conviction—Suspension of sentence—Conviction and sentence for murder with unlawful assembly liability and offence under Arms Act—Conviction appeal pending befo...
A. Indian Penal Code, 1860—Sections 302, 376(2)(i), 201—Protection of Children from Sexual Offences Act, 2012—Sections 4, 6—Circumstantial evidence—Appreciation of evidence—Rape, murder and causing disappearance of evidence of minor victim—Prosecution case based on last seen theory, recovery under Section 27 of Evidence Act, DNA report, FSL report, brown shawl and statement under Section 313 CrPC—Evidence of witnesses creating serious doubt regarding appellant being last seen with victim—No witness having seen appellant taking victim away—Recovery from a place frequented by public and ordinarily visible to others—DNA report showing recovered bones to be of human male origin whereas victim was female—FSL report inconclusive and not connecting seized articles with victim or crime—Brown shawl neither identified nor ...
A. Code of Criminal Procedure, 1973—Section 482—Quashing of criminal proceedings—Matrimonial dispute—Power to be exercised to prevent abuse of process and secure ends of justice—Where allegations, even if taken at face value, do not disclose a prima facie offence, or are vague, omnibus and unsupported by credible material, continuation of proceedings against relatives of husband would amount to abuse of process—Bhajan Lal principles reiterated. [Paras 15–17, 26–30]B. Indian Penal Code, 1860—Section 498A—Cruelty—In-laws—Mere general allegations of harassment or dowry demand insufficient—Complaint and investigation must disclose specific overt acts and material showing wilful conduct causing grave injury or danger to life, limb or mental or physical health, or harassment to coerce fulfilment of unlawful demand—In...
A. Madhya Pradesh Commercial Tax Act, 1994—Section 9—Schedule II, Entry 20(ii)—Classification of goods—Taxable event—Nature/form of goods at time of sale—GRD Powder and GRD Mix sold in powder/biscuit form, though capable of being mixed with milk or water to prepare a drink, cannot be classified as “Non-Alcoholic Drinks and Beverages”—Tax liability is determined with reference to the form in which the goods are supplied at the taxable event and not by the subsequent use or end product prepared by the consumer—End use cannot alter the identity or classification of the goods at the point of sale. [Paras 15–21, 29]B. Madhya Pradesh Commercial Tax Act, 1994—Schedule II, Entry 20(ii)—“Non-Alcoholic Drinks and Beverages”—Interpretation—Expression “beverages” occurring with “syrups, cordials, distilled juic...
A. Prevention of Corruption Act, 1988—Sections 7 and 13(1)(d)(i), (ii)—Illegal gratification—Demand and acceptance—Proof of demand of illegal gratification is the sine qua non for constituting an offence under Sections 7 and 13—Prosecution must prove demand and subsequent acceptance as facts in issue beyond reasonable doubt—Mere recovery or possession of tainted currency, in the absence of proof of demand, is insufficient to sustain conviction—Where none of the witnesses saw accused demanding bribe or complainant handing over the bribe and acceptance was not otherwise established, conviction cannot be sustained. [Paras 18–24]B. Prevention of Corruption Act, 1988—Sections 7 and 13(1)(d)(i), (ii)—Trap proceedings—Recovery of tainted money—Mere recovery from residence of accused does not establish demand or acceptance...
A. Indian Penal Code, 1860—Section 302—Appeal against acquittal—Scope of interference—Appellate Court may reappreciate evidence, but interference with acquittal is warranted only where the view taken is perverse, palpably erroneous or relevant and convincing evidence has been discarded on unsustainable grounds—Where the view taken is a possible view, mere possibility of another view is no ground for interference. [Paras 21–25]B. Indian Penal Code, 1860—Section 302—Circumstantial evidence—Complete chain—Each circumstance must be fully established, consistent only with guilt and conclusive in nature—All circumstances must form a complete chain excluding every reasonable hypothesis consistent with innocence—Failure to establish any material link beyond reasonable doubt defeats the prosecution case. [Paras 27–29, 83...
A. Indian Penal Code, 1860—Sections 376(2)(i), 302, 201—Protection of Children from Sexual Offences Act, 2012—Sections 4, 6—Indian Evidence Act, 1872—Section 3—Criminal trial—Circumstantial evidence—Complete chain of circumstances—Conviction for rape, murder and causing disappearance of evidence, along with POCSO offences, can be sustained only when every incriminating circumstance is fully established and all circumstances cumulatively form a complete and conclusive chain pointing only towards guilt and excluding every reasonable hypothesis of innocence—Where the circumstances relied upon by prosecution, including last-seen evidence, recovery, DNA/FSL evidence and other material, leave material gaps and create reasonable doubt, conviction cannot be sustained. [Paras 6–8, 10–11]B. Indian Evidence Act, 1872—Sectio...
A. Contract—Government Contract—Recovery of alleged overpayment—Cross-contract adjustment—A contractual power to recover amounts due under one contract from payments payable under another contract must be traceable to an applicable contractual provision and can be exercised only subject to the conditions prescribed therein—Clauses relating to liquidated damages, defects-liability termination or integrity-pact violations could not justify recovery where their stipulated conditions were not attracted—Disputed liability arising from earlier works could not be appropriated from amounts payable under distinct and ongoing contracts. [Paras 19–23]B. Contract—Government Contract—Technical audit—Recovery of overpayment—Special Conditions of Contract, Clause 4.1—Natural justice—Clause specifically requiring opportunity to ...
A. Code of Criminal Procedure, 1973—Section 482—Quashing of FIR on basis of compromise—Heinous offences—Inherent power under Section 482 is distinct from power of compounding under Section 320 and may extend to non-compoundable offences, but must be exercised sparingly to secure the ends of justice or prevent abuse of process—Prosecutions involving heinous and serious offences such as rape, murder and dacoity, having serious impact on society, cannot ordinarily be quashed merely on the basis of compromise between the victim and accused. [Paras 10–11]B. Indian Penal Code, 1860—Section 376—Rape—Code of Criminal Procedure, 1973—Section 482—Quashing of FIR on basis of compromise—Rape being a heinous offence and not a private dispute, compromise between the victim and accused cannot constitute a ground for quashing the ...
A. Code of Criminal Procedure, 1973—Section 482—Quashing of Criminal Proceedings—Vague and absurd FIR—Where FIR contains no specific date, time, identity of persons allegedly making demands or sending staff and the allegations, even if taken at face value, do not disclose the ingredients of the alleged offences, continuation of criminal proceedings would amount to abuse of process and the same is liable to be quashed [Paras 10–14].B. Code of Criminal Procedure, 1973—Section 482—Inherent Powers—Mala fide prosecution—Where criminal proceedings are instituted in the backdrop of an existing civil/ancestral property dispute and the allegations are vague, absurd and apparently motivated by personal grudge, the High Court may examine the attending circumstances beyond the bare averments in the FIR and exercise inherent jurisdic...
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 415(2)—Appeal against Conviction—Maintainability—Appeal against judgment of conviction and sentence passed by Special Court under the NDPS Act maintainable under Section 415(2) BNSS—Appellate Court examined legality of conviction under Sections 22(c) and 25 NDPS Act and reappreciated the evidence relating to search, seizure, sampling and custody of contraband. [Paras 2, 43]B. Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 42 and 57—Search and Seizure—Chance Recovery—Where vehicle was intercepted during random checking without prior information regarding commission of an offence under the NDPS Act, Section 42(1) is not attracted—Information subsequently reduced into writing after recovery cannot be treated as prior information contemplated by Section 42...
A. Code of Criminal Procedure, 1973—Section 156(3)—Direction for Registration of FIR—Complaint against Police/Other Public Authorities—Magistrate—Before invoking jurisdiction under Section 156(3) Cr.P.C., complainant is required to approach the In-charge of the concerned Police Station for registration of FIR and, where necessary, avail the remedy before the superior police authority—Failure to follow the prescribed course, coupled with absence of supporting affidavit, justifies dismissal of the application—Principle laid down in Priyanka Srivastava v. State of U.P., (2015) 6 SCC 287, reiterated. [Paras 2, 7, 11, 13–15]B. Code of Criminal Procedure, 1973—Section 156(3)—Affidavit—Mandatory Safeguard—Application seeking investigation under Section 156(3) Cr.P.C. must be supported by an affidavit—Object is to ensure...
A. Constitution of India—Article 141—Doctrine of precedent—Ratio decidendi—Binding force of judicial decision—Binding principle must be ascertained from the judgment itself by examining the question actually decided, factual and statutory context and reasoning of the Court—Every observation or proposition occurring in a judgment does not necessarily constitute binding precedent—Editorial headnote or reporter’s synopsis is merely an aid to identification and retrieval, is not part of the judgment and cannot by itself constitute law declared by the Court or carry precedential force. [Paras 10–17]B. Constitution of India—Article 141—Judicial precedent—Applicability of precedent—Judgment cannot be applied by relying upon isolated observations or editorial headnotes divorced from the facts and statutory context—Cour...
A. Code of Civil Procedure, 1908—Order XLVII Rule 1—Review—Scope and Grounds—Review jurisdiction is confined to discovery of new and important matter or evidence which despite due diligence was not within the applicant’s knowledge or could not be produced earlier, mistake or error apparent on the face of the record, or any other sufficient reason analogous to the specified grounds—Review cannot be exercised merely because the earlier decision is erroneous on merits or another view is possible. [Paras 7, 10, 11]B. Code of Civil Procedure, 1908—Order XLVII Rule 1—Error Apparent on the Face of Record—An error apparent must be self-evident and patent, not an error which can be established only through a long process of reasoning—A mere erroneous decision or a conclusion capable of being reconsidered on merits does not cons...
A. Indian Penal Code, 1860—Sections 304 Part II and 324—Culpable Homicide Not Amounting to Murder—Intention—Where accused came to the house without any predetermined intention to assault and, only upon being questioned by deceased, picked up an axe and assaulted him, occurrence did not constitute murder—Conviction under Section 304 Part II IPC held justified as culpable homicide not amounting to murder—Conviction upheld. [Paras 16–17].B. Indian Evidence Act, 1872—Section 118—Child Witness—Evidentiary value—Evidence of child witness cannot be rejected merely on account of age or possibility of tutoring—Where child witness is competent, withstands cross-examination and testimony inspires confidence, conviction can be based upon such evidence—Corroboration is a rule of prudence and caution rather than an absolute ru...
A. Negotiable Instruments Act, 1881—Sections 138, 118 and 139—Dishonour of Cheque—Legally enforceable debt—Presumption under Sections 118 and 139 does not dispense with requirement of establishing legally enforceable debt—Where complainant failed to produce loan account statement or other material showing that Rs.48,515 was actually due on the date of issuance of cheque, and complainant was unable to state the exact amount repaid and outstanding, essential ingredient of Section 138 remained unproved—Acquittal upheld. [Paras 7, 10–12].B. Negotiable Instruments Act, 1881—Sections 138, 118 and 139—Cheque issued as security—Defence of misuse—Accused specifically pleaded that cheque was issued as security while availing loan and that part of loan had already been repaid—Complainant failed to produce counter-slip or othe...
A. Civil Procedure Code, 1908—Order XIV Rule 5—Framing of additional issues—Scope—Where the Supreme Court, while declining to interfere with re-impleadment of defendant, expressly kept open the issue whether such defendant was a necessary or proper party, the Trial Court was required to frame an additional issue to give effect to the Supreme Court’s direction—Additional issue regarding status of defendant as necessary or proper party, therefore, validly framed. [Paras 7–11]B. Civil Procedure Code, 1908—Order XIV Rule 5—Additional issues—Issues arising from subsequent pleadings and material circumstances—Additional issues relating to maintainability of claim in view of an order of a foreign court restraining commencement or continuation of proceedings, and applicability of res judicata on account of prior rejection of...