A. Penal Code, 1860—Sections 302 and 201—Murder and causing disappearance of evidence—Suspension of sentence pending appeal—Respondent-convict, convicted of murdering her widowed daughter-in-law in an alleged honour killing and sentenced to imprisonment for life under Section 302 IPC and rigorous imprisonment for seven years under Section 201 IPC—High Court suspending sentence and granting bail pending appeal—Challenge by de facto complainant—Nature of offence, alleged motive and findings of Trial Court to be considered by High Court at the time of hearing appeal, having regard to evidence on record—Observations made by High Court while suspending sentence and granting bail directed not to influence or affect the outcome of appeal, which was to be decided on its own merits—Convict directed to cooperate with hearing and n...
A. Code of Civil Procedure, 1908—Order I Rule 9 and Order XXVII Rule 1—Constitution of India—Article 300—Necessary party—Non-impleadment of State—Writ petition seeking absorption of lecturer in another college under surplus teacher absorption policy—High Court directing Joint Director of Higher Education to include lecturer in list of surplus teachers and facilitate absorption, thereby fastening financial and administrative liability upon State—State of Maharashtra not formally impleaded as a party—Mere representation of State through its officer or appearance of Government counsel on merits does not dispense with impleadment of State as a necessary party—Impleadment of an officer or department does not cure the defect where substantive relief is sought against the State exchequer—Direction for absorption unsustainab...
A. Constitution of India—Article 136—Criminal appeal—Regular bail—Prolonged pre-trial detention—Appellant in custody for almost 30 months—Maximum punishment, if convicted, being three years’ imprisonment—Charges yet to be framed despite filing of chargesheet and 16 supplementary chargesheets against 150 accused—Prosecution proposing to examine around 180 witnesses—Likelihood of protracted trial—Further detention pending trial held unnecessary—Bail granted (paras 6, 7, 9, 11)B. Code of Criminal Procedure, 1973—Section 439—Bail—Parity with co-accused—Some co-accused already enlarged on bail—Appellant held entitled to claim parity, considered alongside period of custody, maximum punishment and likely delay in trial—Bail granted (paras 7-9)C. Code of Criminal Procedure, 1973—Section 439—Bail—Habitual ...
A. Service Law—Disability Pension—Broad banding—Clarification of judgment—Scope of precedent—Common judgment dated 12-02-2026 in Union of India Through Its Secretary v. SGT Girish Kumar, Civil Appeal Nos. 6820-6824 of 2018, held ex-servicemen entitled to disability pension, including the benefit of broad banding with effect from 01-01-1996 or 01-01-2006, as applicable, together with interest at 6% per annum—Benefit granted in the factual context of the appeals decided therein, where entitlement to disability pension was undisputed and the ex-servicemen were already receiving such pension but sought its recomputation (Paras 2-4)B. Service Law—Disability Pension—Arrears—Limitation, delay and laches—Finality of earlier orders—Observations in a judgment cannot be read as statutory provisions or divorced from the factual ...
A. Criminal Procedure—Bail—Prolonged incarceration—Parity with co-accused—Group clash—Petitioner facing prosecution arising out of a group clash between two groups and incarcerated for one year and eight months—Two co-accused persons, namely Tanjim and Priyanshu Pandit, already granted bail—Considering the period of incarceration, the circumstances of the case and the material on record, petitioner held entitled to bail, subject to satisfaction of the Trial Court and such further conditions as may be imposed by it (Paras 1-3)B. Criminal Procedure—Bail—Apprehension of influencing witnesses—Restriction on entry into territorial jurisdiction—Having regard to the possibility of the petitioner influencing witnesses, bail granted subject to the condition that he shall not enter Deoband, District Saharanpur, except for atte...
A. Code of Civil Procedure, 1908 — Order VI Rule 17 — Amendment of pleadings — Real controversy test — Amendments necessary for determining the real questions in controversy should ordinarily be allowed, provided they do not cause injustice or prejudice to the opposite party or fundamentally alter the nature and character of the suit — Amendment seeking to incorporate facts concerning a compromise decree allegedly affecting a portion of the very property in dispute held, not to introduce an independent controversy unconnected with the original cause of action — Amendment rightly permitted in the interests of complete adjudication and avoidance of multiplicity of proceedings. (Paras 9–11.6, 14–14.1, 19–20)B. Code of Civil Procedure, 1908 — Order VI Rule 17, proviso — Commencement of trial — Due diligence — Subsequ...
A. Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of arbitrator — Non-signatories — Veritable parties to dispute — Determination whether a non-signatory is a veritable party to arbitration depends on the facts and circumstances of each case and cannot be governed by a rigid formula — Where the dispute concerned ownership of an immovable property acquired by a partnership and the validity of the appellants’ alleged retirement determined the rights of subsequent partners, such partners held, prima facie, to be veritable parties to the dispute, despite not being signatories to the original partnership deed containing the arbitration clause. (Paras 4–5, 14–17)B. Arbitration and Conciliation Act, 1996 — Section 7 — Arbitration agreement — Non-signatories — Intention to be bound — Absence of signat...
A. Tender — Bid Security — E-payment — Non-submission of original receipt — Impossibility of compliance — Perversity — Where bid security was remitted through the prescribed e-payment gateway and digital receipt uploaded with the bid, rejection for non-submission of original receipt was perverse, as funds had already been transferred to the respondent’s account and were under its control. Rigid adherence to tender conditions cannot be insisted upon where compliance is impossible and the requirement serves no further purpose. Impugned order set aside; respondents directed to facilitate payment of bid security, open appellant’s financial bid and finalise the tender in accordance with other conditions.B. Tender — Interpretation of bid documents — Judicial review — Limits of interference — Courts ordinarily defer to th...
A. Arbitration and Conciliation Act, 1996 — Section 11(6) — Appointment of arbitrator — Territorial jurisdiction — Seat and venue of arbitration — Distinction — Where the arbitration clause specifies more than one place for arbitral proceedings and the agreement separately confers exclusive jurisdiction on courts at another place, the juridical seat must be determined by construing the agreement as a whole — Mere specification of a place as the venue does not automatically make it the juridical seat — Applying the tests laid down in BGS SGS SOMA JV v. NHPC Ltd. and affirmed in Arif Azim Company Ltd. v. Micromax Informatics FZE, held, Delhi was merely the venue and Goa was the juridical seat in view of Clause 32.5 providing for arbitration proceedings at Goa and Clause 38 conferring exclusive jurisdiction on courts at Goa. ...
A. Contempt of Court — Civil contempt — Wilful disobedience of judicial directions — Prima facie case — Supreme Court’s earlier order dated 09.10.2026 directed the authorities to reconsider closure of Metro stations, regulate rather than impose an outright prohibition on public transport, issue traffic advisories and file a compliance report — Allegations of non-compliance, closure of Metro stations and railway facilities, absence of traffic advisories and undue harassment of the public held to disclose a prima facie case — Notice issued to alleged contemnors, directing counter-affidavits and compliance report — Personal appearance dispensed with in the meanwhile. (Paras 11–14)B. Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 163 — Prohibitory orders — Peaceful assembly — Illegal detention — Allegations of ...
A. Negotiable Instruments Act, 1881—Sections 138, 118(a) and 139—Dishonour of cheque—Legally enforceable debt or liability—Presumption in favour of holder—Accused admitting signature on cheque but alleging misuse of blank signed cheque—Presumption under Sections 118(a) and 139 arises upon admission or proof of execution of cheque—Mere plea that cheque particulars were filled in by complainant does not invalidate cheque—Burden lies upon accused to rebut statutory presumption by probable defence—Bare denial of loan or liability insufficient—Accused failing to rebut presumption—Conviction under Section 138 upheld (Paras 21-26, 31)B. Negotiable Instruments Act, 1881—Section 138—Financial capacity of complainant—Loan advanced to accused—Accused challenging complainant’s capacity to lend ₹75,000—No reply to s...
A. Code of Civil Procedure, 1908 Section 11 and Order 2, Rule 2—Constitution of India—Article 226—Res judicata and constructive res judicata—Applicability to writ proceedings—Principles embodied in Section 11 and Order II Rule 2 CPC apply to writ petitions—A petitioner is required to claim all reliefs arising from the same cause of action, and matters which might and ought to have been raised in earlier proceedings are deemed to have been directly and substantially in issue—Subsequent writ petition seeking additional service and pensionary benefits, which could have been claimed in earlier litigation, held barred by constructive res judicata and omission to claim such reliefs amounted to relinquishment of the claim—Repeated litigation impermissible as there must be finality to proceedings. (Paras 18-20)B. Constitution of I...
A. Indian Penal Code, 1860—Sections 302 and 376 (corresponding provisions under Bharatiya Nyaya Sanhita, 2023—Sections 103(1) and 65(2), respectively)—Murder and rape of a minor girl below twelve years—Circumstantial evidence—Last-seen theory—Victim last seen speaking with accused and subsequently seen riding pillion on bicycle belonging to accused—Bicycle recovered near place where victim’s dead body was found—Medical evidence establishing sexual assault before death and homicidal death by throttling—Close proximity between last-seen evidence and death, read with the cumulative circumstances, establishing an unbroken chain pointing to guilt of accused—Conviction and sentence upheld (Paras 98-119, 124)B. Indian Evidence Act, 1872—Sections 6, 106 and 145 (corresponding provisions under Bharatiya Sakshya Adhiniyam, 2...
A. Indian Penal Code, 1860—Sections 465, 468 and 471—Forgery, forgery for purpose of cheating and using forged document as genuine—Essential ingredient—Making of a false document—Accused No. 5 alleged to have purchased property from Accused Nos. 3 and 4 with knowledge that the prior documents were forged and thereafter dealt with the property—No allegation that petitioner had made or executed any document by impersonating another person or claiming authority of another, altered or tampered with any document, or obtained any document by practising deception—Mere purchase of property with alleged knowledge of forgery insufficient to attract offences of forgery against a person who did not create or sign the forged document—Reliance placed on Mohammed Ibrahim v. State of Bihar, (2009) 8 SCC 751, and Sheila Sebastian v. R. Jaw...
A. Criminal Procedure Code, 1973—Section 482—Quashing of criminal proceedings—Matrimonial dispute—Cruelty and dowry demand—Relatives of husband implicated on general and omnibus allegations—Complainant alleging demand of ₹2,00,000 in cash and an Alto car by husband and his relatives, whereas specific allegations of assault and attempt to throttle her neck at parental home attributed to husband alone—No specific overt act or individual role attributed to surviving relatives—Inability to ascertain their individual involvement in alleged offences—Continuation of proceedings against such relatives held to amount to abuse of process of Court—Proceedings quashed against accused applicants, while proceedings against husband permitted to continue (Paras 14–19, 20)B. Indian Penal Code, 1860—Section 498-A—Cruelty—Matri...
A. Criminal Procedure Code, 1973—Section 439—Cancellation of bail—Fraud or material misrepresentation—Bail obtained by relying upon compromise and undertaking to repay ₹1.93 crore—Accused undertaking to pay ₹1.50 crore within three months of release and remaining amount in accordance with settlement—No payment made despite release on bail—Where compromise and undertaking formed part of the circumstances relied upon while granting bail, subsequent failure to honour the undertaking could be considered alongside other material circumstances to determine whether the concession had been procured or abused through misrepresentation—Mere non-payment of a private monetary obligation, by itself, would not justify cancellation of bail, but deliberate abuse of the judicial process established on the basis of the cumulative circum...
A. Indian Penal Code, 1860—Section 376—Rape of minor girl—Appreciation of evidence—Testimony of prosecutrix—The prosecutrix, aged about 12 years at the time of occurrence, gave a consistent and coherent account of the appellant forcibly dragging her into a ditch, removing her clothes and committing rape—Her testimony remained unshaken in cross-examination and was corroborated by the evidence of her father (PW-1), an independent eyewitness (PW-3), and medical evidence showing a fresh tear of the hymen, bleeding and tenderness—The testimony of a prosecutrix in a sexual offence is to be assessed with sensitivity and cannot be equated with that of an accomplice—Where her testimony inspires confidence, corroboration is not an absolute requirement of law—Conviction under Section 376 IPC upheld (Paras 24–28, 31–33)B. Indian...
A. Criminal Procedure Code, 1973—Section 125 read with Section 125(4)—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 144 read with Section 144(4)—Maintenance of wife and minor child—Allegation of adultery—Right of hearing of specifically named alleged co-adulterer—Where the husband specifically alleges that his wife is living in adultery with an identified third person and the Court proposes to record an adverse finding against that person, the principles of natural justice require that such person be afforded an opportunity of hearing before such finding is recorded—The requirement safeguards the reputation and dignity of the third person, protected under Article 21 of the Constitution—The summary nature of maintenance proceedings does not dispense with compliance with audi alteram partem—The alleged co-adulterer ne...
A. Indian Penal Code, 1860—Sections 323, 325 and 34—Voluntarily causing hurt and grievous hurt in furtherance of common intention—Appreciation of evidence—Testimony of injured witness and eyewitness—Injured witness’s presence at the place of occurrence natural and probable—Evidence of injured witness carrying special evidentiary weight—Testimony corroborated by eyewitness and medical evidence regarding nature of weapon, injuries and occurrence—Identification of accused by sight in moonlight and by voice reliable, accused and witnesses being residents of same village—Minor discrepancies attributable to lapse of time not affecting core prosecution case—Conviction affirmed. (Paras 11-15)B. Criminal trial—First Information Report—Delay in lodging FIR—Incident occurring at 10 p.m. and FIR lodged at 6.40 a.m. next mo...
A. Indian Penal Code, 1860—Sections 325 and 34—Voluntarily causing grievous hurt in furtherance of common intention—Appreciation of ocular evidence—Testimony of eyewitnesses regarding assault by lathis found reliable and consistent on material particulars—Presence of witnesses at place of occurrence found natural and probable—Minor discrepancies not affecting the prosecution case—Relationship of one witness with deceased and acquaintance of another with deceased, by themselves, insufficient to discard otherwise credible testimony—Ocular evidence corroborated by medical evidence. (Para 15)B. Indian Penal Code, 1860—Sections 300 Thirdly, 302 and 304—Nature of offence—Cumulative effect of injuries—Deceased sustained extensive injuries involving both upper limbs, legs, chest and back, including multiple fractures of hu...