(1) SUPREME COURT
Res Judicata
A. Code of Civil Procedure, 1908—Order 2 Rule 2—Bar of subsequent suit—Cause of action—Subsequent suit barred where based on same cause of action as earlier suit—Plaintiff bound to claim all reliefs arising from same cause—Omission to seek declaration of title and recovery of possession in earlier suit, despite knowledge of defendant’s adverse claim, attracts bar—Leave of court not obtained.[Paras 20–25, 27–28] B. Code of Civil Procedure, 1908—Section 11—Constructive res judicata—Scope—Principle covers not only issues actually decided but also those which might and ought to have been raised—Subsequent suit on same subject-matter barred where plaintiff failed to raise available grounds earlier—Prevents multiplicity of litigation and abuse of ...
(2) SUPREME COURT
A. Insolvency and Bankruptcy Code, 2016—Sections 8 & 9—Corporate Insolvency Resolution Process (CIRP)—Pre-existing dispute—Application under Section 9 must be rejected where there exists a prior dispute between parties—Existence of dispute prior to issuance of demand notice bars initiation of CIRP—Adjudicating Authority only to examine whether dispute is plausible and not spurious—Merits of dispute not to be adjudicated at this stage. [Paras 17, 19–21] B. Insolvency and Bankruptcy Code, 2016—Operational debt—Scope of enquiry—Adjudicating Authority to examine: (i) existence of operational debt; (ii) default; and (iii) existence of dispute—Where accounts between parties require reconciliation and there is no clear consensus on liability or quantum, CIRP cann...
(3) SUPREME COURT
Service Law
A. Industrial Disputes Act, 1947—Section 33C(2)—Scope—Pre-existing right—Proceedings under Section 33C(2) are in nature of execution proceedings—Labour Court can compute benefits only when entitlement is based on a pre-existing right—Where right to pension itself is disputed, Labour Court has no jurisdiction to adjudicate claim.[Paras 5–6, 17] B. Service Law—Pension—State Bank of India Employees’ Pension Fund Rules, 1955—Rule 22(i)(a), 22(i)(c)—Eligibility—For grant of pension, completion of qualifying service and fulfilment of statutory conditions are mandatory—Where employee neither completed 20 years of pensionable service nor attained prescribed age, claim for pension not maintainable—Conditions under both Rule 22(i)(a) and 22(i)(c) not satisf...
(4) SUPREME COURT
Code of Civil Procedure, 1908—Order XLI Rule 33—Powers of appellate court—Scope—First Appellate Court possesses wide discretionary powers under Order XLI Rule 33 to pass any decree or order necessary for complete justice between parties—Such power can be exercised even in absence of appeal or cross-objection by affected party, subject to facts of case—Issue raised for consideration. [Para 1] ...
(5) SUPREME COURT
Anticipatory bail
A. Code of Criminal Procedure, 1973—Section 438—Penal Code, 1860—Sections 406, 420, 467—Anticipatory bail—Confirmation—Where petitioner apprehending arrest in offences relating to cheating and breach of trust was granted interim protection—Considering facts including alleged repayment of loan amount and absence of contest by complainant—Interim protection made absolute—Petitioner entitled to anticipatory bail. [Paras 5–7] B. Code of Criminal Procedure, 1973—Section 438—Conditions—Cooperation with investigation—Grant of anticipatory bail subject to condition of cooperation with investigation and trial—Failure to comply may entail appropriate action—Protection from arrest conditional upon continued cooperation. [Para 8] ...
(6) SUPREME COURT
Custody
A. Code of Criminal Procedure, 1973—Section 439—Bail—Custody period—Where appellant in custody for considerable period and totality of circumstances justify grant of bail—Supreme Court may interfere with order of High Court refusing bail—Impugned order set aside and appellant enlarged on bail. [Paras 4–5, 9–10] B. Code of Criminal Procedure, 1973—Section 439—Conditions—Expeditious trial—Bail granted subject to conditions of cooperation with investigation/trial, non-interference with witnesses and good conduct—Trial directed to be expedited—Trial Court empowered to cancel bail upon violation of conditions. [Paras 7–8] ...
(7) SUPREME COURT
Anticipatory bail
A. Code of Criminal Procedure, 1973—Section 438—Anticipatory bail—Interim protection—Where petitioner challenged rejection of anticipatory bail and Court issued notice—Pending consideration, interim protection granted directing release on bail in event of arrest—Protection granted without expressing opinion on merits. [Paras 2, 8] B. Code of Criminal Procedure, 1973—Section 438—Conditions—Cooperation with investigation—Grant of interim anticipatory bail subject to conditions such as appearance before Investigating Officer, cooperation with investigation and non-interference with witnesses—Non-compliance may entail appropriate action. [Paras 9–10] ...
(8) SUPREME COURT
NDPS
A. Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 20(b), 29—Code of Criminal Procedure, 1973—Section 439—Bail—Role of accused—Where petitioner implicated in NDPS case only on basis of co-accused statement and role limited to driving vehicle—No recovery effected from petitioner and contraband/money recovered from co-accused—Without expressing opinion on merits, Court held that continued custody not warranted—Petitioner entitled to bail. [Para 2] B. Code of Criminal Procedure, 1973—Section 439—Conditions of bail—While granting bail, Court may impose conditions such as furnishing bonds, attendance during trial and compliance with directions—Violation of conditions may entail cancellation of bail—Trial Court empowered to take appropriate...
(9) SUPREME COURT
Auction sale
A. Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002—Sections 13(4), 14, 17, 18—Security Interest (Enforcement) Rules, 2002—Auction sale—Possession—Where secured creditor has taken measures under Section 13(4), conducted auction sale, and issued sale certificate after full payment—And borrower’s application under Section 17 dismissed and appeal under Section 18 also dismissed—High Court justified in directing police assistance under Section 14 for handing over possession to auction purchaser. [Paras 3, 5] B. Constitution of India—Article 136—Natural justice—Non-issuance of notice—Effect—Though petitioner not issued notice before disposal of writ petition, such omission not fatal where no substantive prejudice...
(10) SUPREME COURT
Suspension of sentence
A. Indian Penal Code, 1860—Sections 302, 448—Code of Criminal Procedure, 1973—Section 389—Suspension of sentence—Bail—Where appellant convicted for offences of murder and trespass and sentenced to life imprisonment—During pendency of appeal before Supreme Court, if substantial period of incarceration (about 10 years) already undergone and case rests on testimony of solitary eyewitness, Court may suspend sentence—Appellant released on bail pending appeal. [Paras 8–10] B. Code of Criminal Procedure, 1973—Section 389—Bail pending appeal—Considerations—While considering suspension of sentence, factors such as length of custody, nature of evidence, and likelihood of delay in disposal of appeal are relevant—Where continued incarceration not warranted in ...
(1) TRIPURA
Bail, NDPS
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 483—Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 21(c), 25, 29, 37, 50—Bail—Commercial quantity—Rigours of Section 37—Where contraband of commercial quantity is involved, rigours of Section 37 NDPS Act apply and bail cannot be granted unless twin conditions are satisfied—Mere procedural objections or arguments on merits are insufficient to dilute statutory embargo—Bail rejected. [Paras 24, 25] B. Narcotic Drugs and Psychotropic Substances Act, 1985—Section 50—Compliance—Stage of consideration—Question whether mandatory safeguards under Section 50 have been complied with or not is a matter to be examined during trial and not at the stage of bail—Court should refrain from undertakin...
(2) ALLAHABAD
Maintainability
A. Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Sections 32, 34, 35—Constitution of India—Articles 226 & 227—Maintainability—Orders passed by Rent Tribunal under Section 35, presided over by District Judge/ADJ, are judicial orders of a Civil Court—Such orders are not amenable to writ jurisdiction under Article 226—Remedy lies under supervisory jurisdiction under Article 227.[Paras 30, 31, 46, 54] B. Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Sections 32, 34, 35—Rent Tribunal—Nature—Persona designata vs Civil Court—Rent Tribunal is presided by District Judge/ADJ as a pre-existing judicial authority, not as persona designata—Exercises powers of Civil Court, renders binding adjudications, and forms part of judicial hierarchy...
(3) PATNA
Investigation
A. Indian Penal Code, 1860—Section 302 read with Section 34—Arms Act, 1959—Section 27—Code of Criminal Procedure, 1973—Section 313—Appreciation of evidence—Related witnesses—Conviction can be sustained on the basis of testimony of related witnesses if found reliable and trustworthy—Mere absence of independent witnesses is not fatal—Minor contradictions regarding place or manner of presence of witnesses do not affect core prosecution case—Interested witnesses cannot be discarded solely on ground of relationship. [Paras 46, 53, 65] B. Code of Criminal Procedure, 1973—Sections 174, 154, 156—Investigation—Inquest—Commencement prior to FIR—Proceedings under Section 174 CrPC (inquest) are distinct from investigation of cognizable offence&mdas...
(4) HIMACHAL PRADESH
Tenancy
A. Code of Civil Procedure, 1908—Section 96—Delhi Rent Control Act, 1958—Section 50—Tenancy—Burden of proof—Burden to prove existence of landlord-tenant relationship lies on the person asserting tenancy—Mere plea of oral tenancy without documentary or reliable oral evidence is insufficient—Proceedings under rent deposit provisions do not establish tenancy—Failure to discharge burden results in treating occupant as unauthorized/trespasser. [Paras 19, 20] B. Specific Relief Act, 1963—Section 5—Code of Civil Procedure, 1908—Section 96—Recovery of possession—Trespasser—Where plaintiff establishes ownership and defendant fails to prove lawful possession, decree for recovery of possession and injunction is justified—Unauthorized occupation am...
(5) ALLAHABAD
Eviction
A. Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Section 21(2)(m)—Eviction—Landlord’s requirement—Scope—Under Section 21(2)(m), landlord is only required to demonstrate that the premises are needed for his occupation—Requirement of proving “bona fide need” or comparative hardship, as existed under repealed U.P. Act No. 13 of 1972, stands consciously omitted—Court cannot import such conditions—Once requirement is pleaded and remains unrebutted, eviction is justified. [Paras 12, 16, 33, 38] B. Statutory Interpretation—Casus omissus—Plain meaning rule—Where legislature has deliberately omitted expressions such as “bona fide requirement”, Court cannot reintroduce them by interpretation—Provision must be construed strict...
(7) HIMACHAL PRADESH
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 ...
(8) HIMACHAL PRADESH
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...
(9) CALCUTTA
Quashing of proceeding, Criminal conspiracy
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...
(10) ORISSA
Writ petition
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...