A. Indian Succession Act, 1925—Sections 33, 35 and 38—Succession where deceased male had two wives, property purchased in their names—Held, property purchased in the names of the two wives cannot be treated as intestate property of the deceased male under Section 33—Succession rights of the widower and children governed by Sections 35 and 38; one-third of the property belonging to a deceased wife devolves upon the surviving husband, and the remaining two-thirds devolve upon her lineal descendants. [Paras 9 to 12] B. Indian Succession Act, 1925—Sections 35 and 38—Rights of widower and distribution among descendants—Held, a husband surviving his wife has the same rights in respect of her property as a widow has in respect of her husband's property—Property of an intestate woman dev...
A. Code of Criminal Procedure, 1973—Section 482—Power to quash FIRs—Corruption cases—Held, at the stage of considering quashing of an FIR, the High Court should refrain from examining the merits of allegations or evaluating evidence—The sole inquiry is whether the FIR, taken at face value, discloses commission of a cognizable offence, and conducting a mini-trial at this stage is impermissible—High Courts should exercise caution and circumspection in quashing FIRs related to corruption cases, particularly at the investigation stage. [Paras 11 to 13] B. Prevention of Corruption Act, 1988—Section 7, Explanation 2—Solicitation or attempt to obtain illegal gratification—Held, solicitation or attempt by a public servant to obtain undue advantage for another person falls within the scope ...
A. Motor Vehicles Act, 1988—Section 2(28) and (34)—Definition of "motor vehicle"/"public place"—Reach Stacker used within Inland Container Depot (ICD)—Held, ICD, being a custom bonded area under Section 7 of the Indian Customs Act, 1962 with access restricted to authorized personnel and roads specially constructed for heavy machinery, does not constitute a "public place" under Section 2(34)—Reach Stacker, though mechanically propelled, is adapted for use only within such enclosed premises and, given its weight and specific operational purpose impacting suitability for road use, is excluded from the definition of "motor vehicle". [Paras 4, 7, 11, 13.3.3, 14, 16] B. Motor Vehicles Act, 1988—Section 39—Registration of motor vehicles—Held, non-regi...
A. Consumer Protection Act, 1986—Sections 2(1)(g) and 2(1)(o)—Contract Law—Deficiency of service—Fatal accident caused due to malfunctioning elevator—Held, a heightened duty of care exists for comprehensive maintenance contractors and manufacturers of elevators in ensuring passenger safety; persistent malfunctioning having been documented and brought to the contractor's notice, its failure to implement recommended safety measures or rectify defects, coupled with non-compliance with maintenance contract provisions, constitutes deficiency of service on the part of both manufacturer and maintenance agency—Apportionment of liability among manufacturer (70%), maintenance agency (25%), and premises owner (5%) upheld. [Paras 19 to 34] B. Tort Law—Composite negligence—Joint and several l...
A. Environment (Protection) Act, 1986—Sections 3, 15 and 15B—Environmental Impact Assessment Notification, 2006—Prior EC regime—Held, prior environmental clearance is mandatory, founded on the precautionary principle, and breach of this requirement attracts civil penalties, restoration of the status quo ante, and remediation of environmental damage—Central Government empowered to carve out exceptions through proportional and time-bound measures such as the 2017 Notification, which is upheld as a valid one-time measure creating a narrow, time-bound violation-management scheme protecting the environment through deterrent appraisal, remediation, and compliance. [Paras 34 to 66] B. Environment (Protection) Act, 1986—Sections 3 and 15—Environmental Impact Assessment Notification, 2006—Off...
A. Constitution of India, 1950—Article 32—Scope of judicial review over clemency powers exercised under Articles 72/161—Held, judicial review is confined to limited grounds, namely, lack of application of mind, mala fide action, extraneous considerations, exclusion of relevant materials, or arbitrariness—Petitioners having failed to establish any such ground, petitions challenging clemency already granted were dismissed as misdirected and as misuse of Article 32 jurisdiction. [Paras 6 to 7] B. Constitution of India, 1950—Articles 72 and 161—Clemency powers of President and Governor—Held, these powers are distinct, unencumbered, and unaffected by statutory provisions—Supreme Court cannot sit in appeal over decisions taken by the President or Governor in exercise of clemency, and seeki...
A. Service Law—Seniority—Ad hoc service rendered by promotees—Rule 24(4) of Uttaranchal Civil Services Rules, 2005—Regulation 5(a) of Uttaranchal Public Service Commission Regulations, 2003—Held, promotees appointed as Deputy Collectors on ad hoc basis are entitled to count their continuous officiating service for seniority under Rule 24(4), provided they worked within their quota till regular promotion—Non-compliance with Regulation 5(a) regarding consultation with the Public Service Commission does not invalidate their appointment or service, the requirement being directory and not mandatory, more so where non-consultation was occasioned by the State Government's own inaction—Promotees appointed within their quota and continuously working till regular promotion are entitled to the benefit of...
A. Constitution of India—Article 19(1)(g)—Air Force Act—Air Force Order No. 33/2017—Requirement of prior permission before applying for a civil post—Nature of requirement—Held, the requirement of seeking prior permission from the competent authority before applying for a civil post, and subsequent grant of NOC, is not merely procedural but mandatory, having necessary nexus with the object of regulating premature discharge of air warriors and safeguarding operational preparedness of the Force—Where the consequence of failure to comply with a prescribed pre-requisite is itself stipulated in the relevant provision (here, rejection of the NOC request under Clause 19 of the AFO for want of prior permission), fulfilment of such pre-requisite is to be treated as mandatory—An enrolled member of the ...
A. Hindu Succession Act, 1956—S. 15(1)(a)—Devolution of intestate female's property upon husband and daughter—On death of a Hindu female intestate, her self-acquired property devolves, in absence of sons/daughters other than one daughter, equally upon her husband and daughter under S. 15(1)(a)—Held, on facts, suit properties belonging absolutely to Muniyammal devolved in equal shares upon her husband, Kuttiyappa Goundar (Defendant 1), and her only daughter, Muniammal (Defendant 3), on her death intestate—Courts below rightly so held (Paras 10-11) B. Hindu Succession Act, 1956—Nature of undivided share devolving under S. 15(1)(a)—Not coparcenary property—Right of co-owner to alienate without consent of other co-owner—Held, the undivided half share devolving upon the husband under...
A. Criminal Procedure Code, 1973—Sections 372, 378 & 401 (Bharatiya Nagarik Suraksha Sanhita, 2023—Section 442)—Victim's appeal—Revisional jurisdiction—Held: After the insertion of the proviso to Section 372 CrPC, a victim has an independent statutory right to appeal against an order of acquittal without obtaining special leave under Section 378. Accordingly, where such appellate remedy is available, a revision against acquittal at the instance of the victim is not maintainable. Further, revisional jurisdiction under Section 401 CrPC (corresponding to Section 442 BNSS) cannot be exercised to the prejudice of the accused without first affording an opportunity of hearing. (Paras 2, 5, 6 & 8) B. Evidence Act, 1872—Section 27—Recovery of weapon—Acquittal—Held: Recovery of a ...
A. Criminal Procedure Code, 1973—Section 125(3) and proviso—Successive execution applications—Held, Section 125 Cr.P.C. is a measure of social legislation to be construed liberally for the welfare of the wife and daughter, and the liability under Section 125(1) being a continuing one, it is unreasonable to insist on successive execution applications for each month's maintenance—Family Court's rejection of the execution application on this ground held erroneous, following Shantha alias Ushadevi v. B.G. Shivananjappa, (2005) 4 SCC 468, and Mohammad Usman alias Bhai Lal v. State of U.P., 2021 SCC OnLine All 640. [Paras 16-17] B. Criminal Procedure Code, 1973—Section 125(3), first proviso—Limitation of one year for issuance of warrant—Held, the first proviso to Section 125(3) does not ...
A. Negotiable Instruments Act, 1881—Section 138—Code of Criminal Procedure, 1973—Section 372 Proviso—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 413—Appeal against acquittal—Complainant as victim—Held: In prosecutions under Section 138 of the Negotiable Instruments Act, the complainant, being the payee or holder in due course of the dishonoured cheque, is also the "victim" of the offence and, therefore, possesses an independent statutory right to challenge an order of acquittal under the proviso to Section 372 of the Code of Criminal Procedure, 1973/Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023 before the Court immediately superior to the Trial Court, namely the Sessions Court. Consequently, appeals erroneously instituted before the High Court under Section 378 o...
A. Negotiable Instruments Act, 1881—Section 138—Code of Criminal Procedure, 1973—Section 372 Proviso—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 413—Appeal against acquittal—Complainant as victim—Held: In a prosecution under Section 138 of the Negotiable Instruments Act, the complainant, being the payee or holder of the dishonoured cheque, is also a "victim" of the offence and is entitled to prefer an appeal against an order of acquittal under the proviso to Section 372 of the Code of Criminal Procedure, 1973/Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023 before the Court immediately superior to the Trial Court, namely the Sessions Court. Such remedy is independent of the procedure under Section 378 of the Code, and pending appeals presented before the High Court ...
A. Negotiable Instruments Act, 1881—Sections 138, 118(a) and 139—Dishonour of cheque—Statutory presumptions—Rebuttal—Service of notice—Held: In a prosecution under Section 138, once the drawer admits or the complainant proves execution of the cheque and the signature thereon, the statutory presumptions under Sections 118(a) and 139 arise that the cheque was issued for valid consideration and in discharge of a legally enforceable debt or liability. The burden then shifts to the accused to rebut the presumptions by leading cogent and probable evidence. A mere denial of liability or an explanation offered in the statement under Section 313 of the Code of Criminal Procedure, without supporting evidence, does not rebut the statutory presumptions. Further, where the statutory demand notice is dispatched to th...
A. Criminal Procedure Code, 1973—Section 125—Maintenance claim—Revisionist claiming maintenance as legally wedded wife—Trial Court rejecting claim due to existence of prior marriage of opposite party and lack of evidence of solemnization of marriage—Held, revisionist cannot claim maintenance under Section 125 CrPC as legally wedded wife when marriage is not established and no live-in relationship is pleaded or proven—Presumption of valid marriage under Section 125 CrPC can arise only where parties have lived together as husband and wife for a considerable period or in a live-in relationship, and mere assertion of being legally wedded wife without evidence of marriage or live-in relationship is insufficient to sustain a maintenance claim. [Paras 7, 9, 12, 13] B. Criminal Procedure Code, 1973—Se...
Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — FIR registered under Sections 420 and 120B IPC — Parties entered into a settlement and implemented the terms of compromise — Respondent No.2 derived benefits from the compromise but failed to support the verification proceedings before the Magistrate — Held, once a compromise is acted upon and benefits derived thereunder, the complainant cannot back out from the settlement, and continuation of criminal proceedings in such circumstances amounts to harassment and abuse of the process of law — FIR and all consequential proceedings quashed. [Paras 9 to 12] ...
A. Indian Penal Code, 1860—Sections 120B, 420 and 406—Negotiable Instruments Act, 1881—Section 138—Criminal Procedure Code, 1973—Section 482—Quashing of cognizance—Held: Where the allegations against the petitioner merely disclosed that the disputed transaction took place at his residence and no material indicated his participation in the alleged conspiracy, cheating, criminal breach of trust or issuance of the dishonoured cheque, the essential ingredients of the alleged offences were absent. A cognizance order passed without assigning reasons or demonstrating due application of judicial mind cannot be sustained. In the absence of a prima facie case, continuation of the criminal proceedings would amount to abuse of the process of Court and the cognizance order together with all consequential proce...
A. Negotiable Instruments Act, 1881—Sections 138 and 147—Dishonour of cheque—Compounding after conviction—Held: The offence under Section 138 is compoundable at any stage of the proceedings, including after conviction by the Trial Court and affirmation thereof in appeal. Where the parties voluntarily settle the dispute and the accused agrees to pay the entire agreed compensation to the complainant, the High Court, in exercise of powers under Section 147, may compound the offence, set aside the judgments of conviction and sentence, and acquit the accused. While granting such relief, the Court may impose appropriate conditions, including payment of litigation expenses to the complainant and compounding costs in accordance with the principles governing delayed compounding. (Paras 5 to 10) B. Negotiable Instruments ...
A. Hindu Marriage Act, 1955—Section 13(1)(i-a)—Cruelty—Irretrievable breakdown of marriage—Held: Although irretrievable breakdown of marriage is not an independent statutory ground for divorce, where the spouses lived together only for a brief period, remained separated for nearly two decades, mediation failed and there was a complete absence of any intention to resume cohabitation, the marriage had become a mere shell. In such circumstances, irretrievable breakdown constituted mental cruelty within the meaning of Section 13(1)(i-a), entitling the husband to a decree of divorce. (Paras 35 to 52) B. Hindu Marriage Act, 1955—Section 13(1)(i-a)—Order XLI Rule 27, Code of Civil Procedure, 1908—Nullity, desertion and additional evidence—Held: Failure to prove non-consummation, desertion or cru...
A. Negotiable Instruments Act, 1881—Section 138—Dishonour of cheque—Statutory demand notice—Validity—Compensation—Held: Compliance with proviso (b) to Section 138 requires the statutory demand notice to clearly and correctly specify the amount covered by the dishonoured cheque. A notice does not become invalid merely because, in addition to the cheque amount, it also claims interest, litigation expenses or other legally recoverable amounts, provided the cheque amount is distinctly identifiable. Likewise, a single consolidated notice in respect of more than one dishonoured cheque is legally permissible if the amount relating to each cheque is separately and accurately mentioned. Any material discrepancy in the cheque amount demanded, however, vitiates the statutory notice and the prosecution founded ther...