A. Motor Vehicles Act, 1988—Sections 166, 168—Death claim—Assessment of notional income—Notification dated 17.03.2017 issued by Ministry of Labour and Employment relied upon to determine notional income of a driver at Rs. 10,000/- per month—Tribunal erred in assessing income at Rs. 6,000/- per month—Deceased’s income reassessed at Rs. 10,000/- per month—Future prospects at 25% added—Resulting in enhancement of compensation. [Paras 9, 10, 13] B. Motor Vehicles Act, 1988—Sections 166, 168—Death claim—Enhancement of compensation—Separate consortium of Rs. 44,000/- awarded to each of the appellants—Funeral expenses and loss of estate granted under conventional heads—Total compensation enhanced to Rs. 16,31,948/- with interest at 6% per annum from date...

A. Indian Penal Code, 1860—Section 447—Criminal trespass—Acquittal upheld—Prosecution must prove intent to insult, intimidate, or annoy the person in possession of the land—Mere possession, even if illegal, is insufficient to constitute criminal trespass—Demarcation conducted in absence of the accused and without following proper procedure held inadmissible—Complaint lacking averments regarding requisite intent—Essential ingredients of Section 447 IPC not satisfied. [Paras 6, 19, 22, 24] B. Indian Forest Act, 1927—Sections 26, 4—Prosecution for acts in reserved forest—Acquittal upheld—No evidence produced to show notification declaring the land as reserved forest—Notification relied upon did not specify relevant Khasra numbers—Mandatory requirements of ...

A. Indian Penal Code, 1860—Section 447—Criminal trespass—Mere possession of Government land without intent to insult, intimidate, or annoy does not constitute criminal trespass—Complaint failing to specifically aver such intent—Essential ingredients of Section 447 IPC not satisfied. [Paras 6, 17, 19] B. Indian Forest Act, 1927—Sections 29, 30, 31, 33—Encroachment of Government land—Encroachment below 10 bighas—As per precedent, FIR not lodgable—Notification declaring reserved/protected forest and its publication in vernacular language mandatory to attract penal consequences under Section 33—Failure to prove such publication renders prosecution unsustainable. [Paras 15, 20, 21, 23] C. Criminal Procedure Code, 1973—Section 437A—Bhartiya Nagarik Suraksha Sanh...

A. Bhartiya Nyaya Sanhita, 2023—Sections 318(4), 316(2), 61(2)—Criminal Procedure Code, 1973—Section 482—Quashing of criminal proceedings—Partnership dispute—Allegations of cheating and criminal breach of trust arising out of business disagreement—Trial Court rightly directed investigation after preliminary inquiry—At the stage of quashing, Court should not appreciate evidence—Criminal proceedings may be quashed where allegations do not prima facie constitute an offence or are inherently improbable—However, where materials exist suggesting commission of a cognizable offence, quashing would lead to miscarriage of justice—Petitioner's failure to cooperate with investigation and remaining absconding weighed against grant of relief—Held, not a fit case for quashing at...

A. Maintenance and Welfare of Parents and Senior Citizens Act, 2007—Section 16—Right of Appeal—Section 16 of the Act clearly and unambiguously grants the right of appeal only to senior citizens or parents aggrieved by an order of the Tribunal, to the exclusion of any other person, including children or other relatives—Consequently, an appeal filed by a son challenging a maintenance order passed in favour of his elderly mother is not maintainable, as he is neither a senior citizen nor a parent. [Paras 10–12] B. Jurisdiction—Appeal filed without statutory right—An appeal preferred before an Appellate Tribunal without a statutory right of appeal is not entertainable and the Tribunal lacks jurisdiction to adjudicate the same—Any order passed in such an appeal is liable to be quashed. [Para 13...

A. Bhartiya Nagarik Suraksha Sanhita, 2023—Section 483—Bail—Applicant alleged to be part of organized crime syndicate involving extortion from coal transporters—Considering gravity of economic offence, magnitude of illegal funds, prima facie evidence, active role, likelihood of tampering with evidence and risk of absconding, bail rejected. [Paras 21–26] B. Criminal Law—Economic Offences—Economic offences committed for personal profit with wider impact on public funds and economy require stricter approach in bail matters due to deep-rooted conspiracies. [Paras 21–22] C. Bail—Factors for Grant—Nature of accusation, evidence, severity of punishment, character of accused, likelihood of presence at trial, possibility of witness tampering, and larger public interest must be consi...

A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 179—Power to require attendance of witnesses—Summons under Section 179 can be issued only during an investigation—Investigation begins only after registration of FIR for a cognizable offence—Preliminary inquiry merely verifies whether a cognizable offence is disclosed and is not an investigation—Issuance of summons during preliminary inquiry without FIR held illegal—Summons quashed. [Paras 8–14, 16] B. FIR Registration—Commencement of investigation—Investigation commences only upon registration of FIR relating to a cognizable offence—Scope of preliminary inquiry limited to ascertaining whether information discloses cognizable offence, not to test truthfulness. [Paras 11, 13] C. Directions to Police Authorities—...

A. Transfer of Property Act, 1882—Section 58(f)—Applicability in Nagaland—The Act is not applicable in Nagaland unless adopted by the Legislative Assembly; only its spirit and principles may be applied. [Para 34] B. Nagaland Money Lenders Act, 2005—Applicability—The Act not applicable in strict sense where lender lacks licence; it may be treated only as a guideline or recommendation. [Para 34] C. Mortgage Deed—Clog on Right of Redemption—Clause providing automatic forfeiture of mortgaged property on default is unlawful and unenforceable as it constitutes a clog on the mortgagor’s right of redemption. [Para 35] D. Mortgage Deed—Registration and Stamp Duty—Mortgage deed creating or extinguishing rights in immovable property requires proper registration and stamp duty; othe...

A. Civil Procedure Code, 1908—Order XII Rule 6—Decree on admission—A formal application under Order XII Rule 6 CPC is not mandatory for passing a decree on the basis of clear, categorical and unambiguous admissions contained in the pleadings—Court can suo motu exercise power to grant decree on admission. [Para 26] B. Co-ownership—Suit for possession and recovery of rent—A co-owner is competent to institute a suit for possession and recovery of rent against a tenant without impleading other co-owners—A decree passed in favour of one co-owner does not prejudice the rights of other co-owners. [Paras 29, 30] C. Delhi Rent Control Act, 1958—Section 50—Bar of jurisdiction—Urbanization of area—Bar under Section 50 is not attracted in the absence of a notification extending t...

A. U.P. Essential Commodities (Regulations of Sales and Distribution) Control Order, 2016—Section 13—Subsequent allottee—Right of hearing—Subsequent allottee of a fair price shop is a necessary party in appellate as well as writ proceedings—If such subsequent allottee is not impleaded, he retains the right to challenge the appellate or writ order passed in his absence. [Paras 13, 29, 41, 44] B. U.P. Essential Commodities (Regulations of Sales and Distribution) Control Order, 2016—Section 13(4)—Impleadment—Onus—Original allottee challenging cancellation is obligated to implead the subsequent allottee in appellate or writ proceedings, irrespective of whether the subsequent allotment was made before or after filing of the appeal—Failure to implead the subsequent allottee vitiates...