A. Indian Stamp Act, 1899—Section 26 Proviso—Mining lease—Stamp duty—Basis of computation—Held: In the case of a mining lease, where the value of the subject matter is indeterminate at the time of execution, stamp duty is to be computed on the basis of the anticipated royalty estimated in accordance with the proviso to Section 26 and not solely on the basis of dead rent. The proviso is neither inconsistent with nor repugnant to the main provision and specifically governs mining leases. (Paras 10 to 14) B. Mines and Minerals (Development and Regulation) Act, 1957—Sections 9 and 9A—Royalty and dead rent—Distinction—Held: Royalty is a variable payment linked to the quantity or value of minerals extracted, whereas dead rent is the minimum guaranteed payment based on the leased area, pay...
A. Modified Assured Career Progression Scheme (MACPS)—Paragraph 8—Railway Guard Cadre—Promotions carrying same Grade Pay—Held: Promotions earned within the Railway Guard cadre to distinct posts forming part of the promotional hierarchy under the Recruitment Rules, though carrying the same Grade Pay of Rs.4200, are required to be counted for the purpose of financial upgradations under Paragraph 8 of the MACPS. An employee who has progressed up to the post of Mail/Express Guard exhausts the permissible financial upgradations under the Scheme and is not entitled to further MACP benefits. (Paras 37 to 42, 65(i) and (ii)) B. Modified Assured Career Progression Scheme (MACPS)—Paragraphs 5 and 8—Interpretation—Held: Paragraph 5 is a transitional provision dealing with the treatment of promotions and A...
Narcotic Drugs and Psychotropic Substances Act, 1985—Section 20(b)(ii)(C)—Suspension of sentence pending disposal of appeal—Fixed-term sentence, substantial period already undergone—Held, where the petitioner, sentenced to ten years' rigorous imprisonment, had already undergone about six years and four months of the sentence, and the appeal before the High Court was likely to take some time for disposal, the High Court's refusal to suspend the sentence and enlarge the petitioner on bail pending disposal of Criminal Appeal No. 80/2024 was not sustainable—Sentence suspended and petitioner directed to be enlarged on bail pending disposal of the appeal, subject to the satisfaction of the concerned Trial Court. (Paras 4, 6–7) ...
A. Maharashtra Housing and Area Development Act, 1976—Development Control Regulations for Greater Bombay, 1991—Rule 33(7)—Permanent Alternate Accommodation Agreement (PAAA)—Nature and enforceability—Held: A Permanent Alternate Accommodation Agreement (PAAA) executed under the statutory redevelopment scheme is not a mere private contractual arrangement but an integral part of the statutory mechanism governing redevelopment of cessed buildings. MHADA is empowered to enforce the agreement and ensure execution, registration and delivery of permanent alternate accommodation to certified occupants. (Paras 8, 21 to 25) B. Maharashtra Housing and Area Development Act, 1976—Redevelopment of cessed buildings—Occupant—Entitlement of legal heirs—Held: A person recognised as an occupant in the c...
A. Constitution of India—Article 142; Hindu Marriage Act, 1955—Section 13B—Decree of divorce by mutual consent on ground of irretrievable breakdown—Held, where the parties, during pendency of a transfer petition, settled their disputes and moved a joint application under Article 142 of the Constitution for a decree of divorce on the ground of irretrievable breakdown of marriage, alternatively on the ground of mutual consent under Section 13B of the Hindu Marriage Act, 1955, with the respondent-husband paying a one-time permanent alimony of Rs. 22 lakhs towards full and final settlement of stridhan, maintenance and alimony (past, present and future), duly handed over and received in court, and the petitioner-wife undertaking not to raise any further claim in this regard, this Court, finding the marriage to have irre...
A. Code of Criminal Procedure, 1973—Bail—Economic offences—Interim bail confirmed—Held: Where the accused had remained in custody for about two years, substantially secured the complainant's claim by depositing the balance amount before the Trial Court, and no complaint of misuse of liberty was reported during the period of interim bail, the interim bail deserved to be confirmed and the accused was directed to continue on bail on the same terms during the pendency of the trial. (Paras 5 and 6) B. Code of Criminal Procedure, 1973—Bail—Conditions—Compliance with undertaking—Held: Compliance with the undertaking to deposit the balance amount before the Trial Court, coupled with satisfactory conduct while on interim bail and absence of any adverse material from the State, constituted rele...
A. Motor Vehicles Act, 1988—Sections 165 and 166—Compensation—Expression "arising out of the use of a motor vehicle"—Scope—Murder—Held: The expression "arising out of the use of a motor vehicle" requires the existence of a causal nexus between the use of the vehicle and the death or injury. Mere presence of the deceased in the vehicle before the incident or the vehicle forming part of the surrounding circumstances is insufficient to attract liability under the Motor Vehicles Act. Where the evidence fails to establish any connection between the use of the vehicle and the homicidal death, compensation under Sections 165 and 166 cannot be awarded. (Paras 5 to 14) B. Motor Vehicles Act, 1988—Sections 165 and 166—Standard of proof—Motor accident claims—Held: Pro...
Indian Penal Code, 1860—Sections 294(b) and 323—Probation of Offenders Act, 1958—Modification of sentence—Minor quarrel resulting in injuries—Held, where the appellants stood convicted under Sections 294(b) and 323 IPC arising out of a minor incident of an unfortunate quarrel resulting in some injuries to the complainant, and two of the appellants (husband and wife) had already undergone three months of incarceration, ends of justice would be served by upholding the conviction while modifying the sentence qua them to the period already undergone—As regards the third appellant (son), being under nineteen years of age and not having faced incarceration, conviction upheld but sentence modified by directing his release under the Probation of Offenders Act, 1958—Appeals disposed of accordingly. (Paras ...
A. Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8(c), 21(c), 25 and 29—Regular bail—Recovery from vehicle not belonging to accused—Conscious possession—Held, where the vehicle from which the prohibited Codeine Cough Syrup was recovered did not prima facie belong to the appellant, and the question of how the vehicle came to be parked at the appellant's house and who had stored the prohibited material therein is a matter requiring evaluation of evidence at trial, conscious possession cannot be presumed against the appellant at the stage of bail merely on the ground that the vehicle was found parked in his house. (Paras 6–7) B. Narcotic Drugs and Psychotropic Substances Act, 1985—Regular bail—Investigation complete, chargesheet filed, charge framed—Continued custod...
Waqf Act, 1995—Kerala State Waqf Board—Interim directions governing functioning of Board—Scope of judicial intervention—Held: While maintaining the High Court's interim directions restraining the Kerala State Waqf Board from taking policy decisions or incurring capital expenditure without prior leave of the Court, the Supreme Court held that the further direction requiring the Board to function under the supervision of the Joint Secretary to the State Government dealing with Waqf matters was unwarranted and liable to be deleted. The Joint Secretary/Additional Secretary shall, however, continue to function as a member of the Board in accordance with law. The High Court was requested to dispose of the pending matter expeditiously after affording both sides adequate opportunity to present their claims and counterc...
Bharatiya Nagarik Suraksha Sanhita, 2023—Section 447—Criminal Procedure Code, 1973—Section 173(2)—Prevention of Corruption Act, 1988—Section 13(1)(a) read with Section 13(2)—Transfer of pending trials upon investigation being taken over by CBI—Held, where investigation into the offences was, pursuant to directions of the High Court, taken over and completed by the CBI after re-registration of the FIR, and a final report under Section 173(2) Cr.P.C. was filed before the Court of the Special Judge, Anti-Corruption, CBI, Dehradun—the notified Court having jurisdiction to try cases investigated by the CBI—continuation of the connected miscellaneous criminal cases arising out of the earlier charge-sheets before the Court of the Special Judge, P.C. Act, Kumaon Region, Haldwani, would not be ...
Bharatiya Nagarik Suraksha Sanhita, 2023—Section 447—Criminal Procedure Code, 1973—Section 125—Transfer of case—Maintenance proceedings—Convenience of applicant residing away from the court of institution—Participation through video conferencing—Held, transfer of proceedings under Section 125 Cr.P.C. from the Family Court, Almora, to the Family Court, Haridwar, sought on the ground of the applicant's alleged permanent shift to Haridwar and the resultant hardship of travel, cannot be granted where the record shows that the applicant has already participated in the proceedings through video conferencing, appeared in person and tendered her evidence before the trial Court despite the claimed shift, and is, in fact, working and residing in District Sirmaur, Himachal Pradesh, and not at Harid...
A. Criminal Procedure Code, 1973—Section 482—Indian Penal Code, 1860—Section 376—Quashing of FIR/charge sheet—Physical relationship on alleged false promise of marriage—Consent—Held, where the complainant and the applicant came in contact through a dating application, developed a relationship over a considerable period during which the applicant frequently visited the complainant, and the first and subsequent instances of physical relations took place with the free consent of the complainant, the subsequent failure of the relationship to culminate in marriage cannot retrospectively convert consensual physical relations into an offence under Section 376 IPC on the false pretext of marriage—Reliance placed on Biswajyoti Chatterjee v. State of West Bengal, (2025) 5 SCC 749, and Samadhan v. Stat...
A. Indian Penal Code, 1860—Section 376, Section 376(2)(j) and Section 511—Rape—Proof of penetration—Attempt to commit rape—Distinction—Victim, a 90-year-old woman suffering from advanced dementia, was incapable of making any statement and died during investigation—Sole eyewitness found accused on top of victim with trousers lowered and victim partially unclothed—Forensic evidence established presence of accused's semen on victim's clothing, but medical evidence did not prove penetration or genital injuries—Held, penetration, however slight, remains the indispensable ingredient of the offence of rape even after the expanded definition under Section 375 introduced by the Criminal Law (Amendment) Act, 2013—While penetration may be inferred from surrounding circumstances, suc...
A. Code of Criminal Procedure, 1973—Section 125—Hindu Adoptions and Maintenance Act, 1956—Section 20(3)—Maintenance—Major unmarried daughter—Merely because an application for maintenance by a major unmarried daughter was filed under Section 125 CrPC instead of Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956, relief cannot be denied where the Court otherwise possesses the jurisdiction to grant such relief—The Family Court, being competent to entertain proceedings under both enactments, rightly awarded interim maintenance, and no interference was called for. (Paras 6, 8, 9 and 15) B. Hindu Adoptions and Maintenance Act, 1956—Section 20(3)—Maintenance of major unmarried daughter—The statutory requirement for claiming maintenance under Section 20(3) is that the majo...
A. Arbitration and Conciliation Act, 1996—Section 9—Interim measures—Dispute arising out of licence agreement—Where the petitioner challenged a demand notice raising concession fee on the ground that the respondent had unilaterally increased the number of train coaches contrary to the terms of the licence agreement, the Court held that an arbitrable dispute existed between the parties and directed that the disputes be resolved through arbitration. (Paras 3, 5 to 8, 11 and 13) B. Arbitration and Conciliation Act, 1996—Sections 9 and 11—Arbitration agreement—Appointment of Arbitrator—In view of the arbitration clause contained in the licence agreement and the existence of disputes relating to the validity of the demand notice and enhancement of concession fee, the Court appointed a Sole Arb...