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...

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...

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...

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...

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...