A. Limitation Act, 1963—Articles 54, 59 and 64, Section 27—Suit for possession—Agreement to Sell dated 14-1-1952 and registered Sale Deed dated 3-12-1960—Suit instituted in 1975—Claim for specific performance and cancellation of Sale Deed, if pursued, was barred by limitation—Suit for possession also barred, the prescribed period having expired long before institution of the suit. (Paras 35-42)B. Transfer of Property Act, 1882—Section 54—Agreement to Sell—Transfer of ownership—Agreement to Sell does not create any right, title, interest or charge in immovable property—Ownership can pass only through a valid registered Sale Deed—Plaintiff’s predecessor failed to fulfil the mandatory condition of constructing a house within three years and never obtained a registered Sale Deed—Legal heirs could not claim ownershi...
A. Prevention of Corruption Act, 1988, Sections 7(c), 9, 10, 12, 13(1)(a) and 13(2)—Indian Penal Code, 1860, Sections 409, 466, 467, 468, 471, 477-A and 120-B—Bail—Large-scale corruption—Alleged fabrication of work completion certificates and manipulation of public tenders under Jal Jeevan Mission—Gravity of allegations, though warranting serious scrutiny, cannot by itself eclipse other relevant considerations governing bail or justify indefinite pre-trial detention—Regular bail granted. (Paras 9–11)B. Criminal Procedure—Regular bail—Completion of investigation—Chargesheet and supplementary chargesheet filed—Documentary and electronic evidence, including tender records, committee minutes, correspondence, bank statements, forensic reports and call detail records, already seized by investigating agency—No further cus...
A. Chandigarh Estate Rules, 2007—Rule 5(iv), Rule 5(vi) and Explanation I—E-auction—Cancellation of highest bid—Agreement to Sell executed and entire consideration paid, but allotment letter and conveyance deed not issued—Enforceable contract not concluded—Administration empowered to withdraw the site or reject the highest bid in accordance with the Rules and auction conditions. (Paras 15-19)B. Chandigarh Estate Rules, 2007—Rule 5—Capital of Punjab (Development and Regulation) Act, 1952—Sections 3 and 22—Sale of public property—Price maximisation—Public authority may revisit the auction and conduct a fresh auction before conclusion of an enforceable contract, provided its action is fair and non-arbitrary—Substantially lower bid compared with an adjacent site of identical area constitutes a relevant consideration ...
A. Prevention of Corruption Act, 1988, Section 17-A—Public servant—Prior approval for investigation—Demand of illegal gratification—Section 17-A applies only where the alleged offence is relatable to a recommendation made or decision taken by a public servant in discharge of official functions or duties—Demand of bribe being an independent criminal act unconnected with official duties, prior approval not required—Criminal proceedings not vitiated. (Paras 5.1–5.5, 6–6.3)B. Prevention of Corruption Act, 1988, Section 17-A—Scope of protection—Public servant—Prior approval—Statutory protection is not an omnibus immunity against investigation for every offence committed by a public servant—Existence of a recommendation or decision taken in discharge of official duties is an essential condition for applicability of Sec...
A. Representation of the People Act, 1951, Section 125-A—Criminal Procedure Code, 1973, Sections 195(1) and 200—Private complaint—False disclosure in election affidavit—Section 195(1) CrPC does not include offences under Section 125-A of the Representation of the People Act—Cognizance of such offence not barred on a complaint by a private person—High Court’s contrary interpretation erroneous. (Paras 11–13)B. Representation of the People Act, 1951, Section 125-A—False affidavit by elected candidate—Maintainability of private complaint—No statutory provision restricts filing of complaint to the Election Commission or a public servant—Legislative omission to include Section 125-A within Section 195(1) CrPC held deliberate—Private complaint under Section 200 CrPC maintainable. (Paras 11–13)C. Representation of the ...
A. Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948—Sections 3(15), 3(16) and 14-A—Ryotwari patta—Communal water body—Land recorded in the earliest revenue records as Government Poramboke—Kanakkan Kuttai—Not ryoti land and incapable of grant of ryotwari patta—Patta granted contrary to Section 14-A rightly cancelled. (Paras 18-19, 24)B. Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948—Section 14-A—Land classification—Town planning—Land designated as mixed residential zone—Such zoning does not extinguish Government rights over water bodies or communal poramboke, nor validate an otherwise illegal patta—Earliest survey and settlement records relevant to determining the nature of land. (Paras 19-21, 23-24)C. Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948...
A. Code of Criminal Procedure, 1973—Anticipatory bail/Regular bail—Non-consideration of material evidence—High Court granting bail without considering police video footage showing accused at the scene and witness statements under Section 161 CrPC identifying them—Orders set aside and bail applications remitted for fresh consideration (Paras 6, 7, 9, 10)B. Criminal Procedure—Bail—Judicial order—Recording of reasons—High Court merely recording Investigating Officer’s submissions regarding video footage without independent assessment—Reasoned judicial orders essential to demonstrate application of mind and facilitate appellate scrutiny—Failure to give reasons vitiated the impugned bail order (Para 8)C. Criminal Procedure—Cancellation/set-aside of bail orders—Fresh consideration—Supreme Court set aside orders grant...
A. Constitution of India, 1950—Article 226—Judicial review—Departmental inquiry—Perversity of findings—Finding of misconduct unsupported by evidence and based on conjectures, surmises and impermissible inferences—Writ Court justified in exercising jurisdiction of certiorari to set aside removal from service—Interference not amounting to reappreciation of evidence where there is a complete lack of evidence to support the charges—Inquiry Officer required to assess evidence dispassionately and determine charges on the basis of preponderance of probabilities—Finding unsupported by any material on record liable to be held perverse—Removal from service set aside. (Paras 16-21, 23)B. Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955—Rule 17(g)—Departmental inquiry—Appointment of One-man Commission—Validity...
A. Consumer Protection Act, 1986—Sections 14(1)(d) and 23—Consumer dispute—Delay in delivery of residential apartment—Refund of consideration—Housing loan disbursed directly to builder under tripartite agreement—Builder receiving consideration partly from purchaser’s own funds and partly from bank loan—Purchaser entitled to refund only to extent of amounts actually paid by him, including repayments made to bank—Refund of outstanding loan component directly to purchaser, while loan remained unpaid and bank’s recovery claim was pending, resulting in unjust enrichment—Doctrine of unjust enrichment embodied in Sections 64, 65, 70 and 72 of Contract Act, 1872—Purchaser entitled to refund of Rs.1,27,34,726 with simple interest at 12% per annum from date of each deposit till payment, in terms of agreement for sale—Order...
A. Arbitration and Conciliation Act, 1996—Sections 28(3) and 31(7)(a)—Contractual prohibition on interest—Pre-reference and pendente lite interest—Clause 26 of Special Conditions of Contract providing that no claim for interest would be entertained in respect of balance payments or deposits withheld due to disputes, delay in monthly or final payments “or otherwise”—Residuary expression “or otherwise” of wide amplitude, not restricted to delayed contractual payments—Clause operating as a comprehensive bar on pre-award interest, including pre-reference and pendente lite interest, on substantive claims awarded under the contract (paras 9-16, 18)B. Arbitration and Conciliation Act, 1996—Section 31(7)(a)—Interpretation of contractual clauses—Ejusdem generis and noscitur a sociis—Applicability—Rule of ejusdem gener...
A. Motor Vehicles Act, 1988—Section 149(2)(a)(ii)—Insurance policy—Fake driving licence—Liability of insurer—Driving licence of offending vehicle’s driver proved to be fake—Owner having checked the licence, conducted driving test and engaged the driver on being satisfied about its apparent genuineness—Mere falsity of licence insufficient to absolve insurer unless it is proved that the insured knew or had reason to believe that the licence was fake and nevertheless permitted the driver to operate the vehicle—Insurer’s plea for exoneration rejected and liability to indemnify the owner upheld. (Paras 50-63)B. Motor Vehicles Act, 1988—Sections 149 and 168—Overloading of passenger bus—Breach of insurance policy—Vehicle carrying passengers beyond permitted seating capacity—Mere overloading not, by itself, constitut...
A. Code of Criminal Procedure, 1973—Appeal against acquittal—Scope of appellate interference—Appellate Court must give due weight to trial Court’s assessment of witness credibility and presumption of innocence—Where two views are possible, acquittal cannot be reversed merely because another view is possible—Interference warranted only in exceptional cases involving compelling circumstances or perversity (Paras 15–20)B. Indian Evidence Act, 1872, Section 118—POCSO Act, 2012, Sections 4, 6 and 8—Sexual offences against minor—Testimony of prosecutrix—Conviction may be based on sole testimony of prosecutrix if it inspires confidence and is reliable—Corroboration is not an inflexible rule of law—Where testimony is inconsistent or untrustworthy, Court may seek assurance from other evidence (Paras 25–38)C. Indian Pena...
A. Bharatiya Nyaya Sanhita, 2023, Section 103(1)—Criminal Procedure—Regular bail—Successive bail application—Earlier bail petition dismissed—Subsequent bail application maintainable only upon showing substantial change in circumstances having a direct bearing on the earlier rejection—Court required to consider grounds of earlier rejection and record fresh reasons for taking a different view—In absence of any substantial change in circumstances, reconsideration would amount to impermissible review of earlier order—Petition dismissed (Paras 8 to 11, 15, 18)B. Bharatiya Nyaya Sanhita, 2023, Section 103(1)—Regular bail—Murder—Appreciation of evidence at bail stage—Two prosecution witnesses not supporting prosecution case—Bail Court cannot assess credibility, reliability or contradictions in testimony of witnesses exa...
A. Code of Civil Procedure, 1908—Section 11—Res judicata—Earlier suit for permanent injunction—Title Suit No. 24 of 1997—No relief of declaration of title claimed and no issues framed or adjudicated on title—Ex parte injunction decree passed against promoter—Vendor of present appellant impleaded as proforma defendant—Principle of res judicata not attracted merely because vendor was a party to earlier proceeding—First appellate court erred in relying upon said suit to bar subsequent litigation (Paras 323–327)B. Code of Civil Procedure, 1908—Section 11—Res judicata—Earlier suit for declaration of title and permanent injunction—Title Suit No. 17 of 2009—Present appellant and his vendor having sought declaration of title over the same property—Suit dismissed on contest and dismissal not challenged before higher...
A. Code of Civil Procedure, 1908—Section 47—Execution of decree—Executability—Subsequent events affecting rights of parties—Ex parte eviction decree—Judgment-debtor claiming that suit property was Khasmahal land belonging to State and that his occupation had been regularised by competent authorities, with possession certificate issued and his name recorded as raiyat in record of rights—Claim of settlement of property in favour of judgment-debtor requiring consideration under Section 47 CPC—Pending suit for declaration of decree-holder’s title over the same property also relevant—Executing court erred in refusing stay without considering the effect of these issues on executability of decree (Paras 18, 23, 25)B. Code of Civil Procedure, 1908—Section 47—Executing court—Scope of jurisdiction—Executing court cannot ...
A. Customs Act, 1962—Sections 108, 110, 111(m), 112, 114AA and 144—Food Safety and Standards Act, 2006—Sections 25(1)(iii) and 89—Imported food articles—Powers of Customs authorities—Harmonious construction of statutes—Customs Act and FSS Act operate in distinct, concurrent and non-conflicting legislative fields—Customs authorities retain independent statutory powers to examine and sample imported food consignments for tariff classification, valuation, detection of misdeclaration and investigation of fiscal fraud—FSS Act does not eclipse Customs Act merely because imported goods are food articles—Section 25(1)(iii) of FSS Act expressly recognises compliance with other applicable laws, including Customs Act. (Paras 19-23)B. Customs Act, 1962—Section 144 read with Section 2(34) and CBIC Notification No. 26/2022-Customs...
A. Bharatiya Nyaya Sanhita, 2023—Sections 316(2), 308(6), 351(3) and 111(1), (3)—Anticipatory bail—Economic offence—Criminal breach of trust—Partnership dispute—Retirement deed acknowledging liability of Rs. 14,90,46,478.72 towards retiring partners—Allegation that continuing partners utilised funds personally deposited by retiring partners towards compounding fees for their own unauthorised constructions—Prima facie, unilateral adjustment of entrusted funds for personal or corporate benefit constituted misappropriation and attracted criminal liability—Applicants’ contention that dispute was purely civil and contractual, therefore, not acceptable at anticipatory bail stage. (Paras 20-22, 36)B. Criminal Procedure Code, 1973—Section 438—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory bail—Civi...
A. Indian Penal Code, 1860—Section 302—Murder—Appreciation of evidence—Conviction based principally on testimony of informant, son of deceased, and other alleged eyewitnesses—Material contradictions regarding prior enmity, presence at scene of occurrence and circumstances of witnessing the assault—Informant’s mother not establishing her presence at the place of occurrence, while brother of informant admittedly reached after the informant—Evidence of another alleged eyewitness rendered doubtful by inconsistencies regarding his presence and conduct—Prosecution witnesses not found wholly reliable—Trial Court erred in relying upon inconsistent and insufficient evidence to sustain conviction—Benefit of reasonable doubt extended to accused (Paras 19-23)B. Indian Penal Code, 1860—Section 302—Murder—Circumstantial and ...