A. Indian Penal Code, 1860—Sections 147, 148, 302, 307, 326, 323, 341 read with Section 149—Conviction—Reliability of eyewitnesses—Held: Where prosecution case is based on testimonies of related witnesses whose presence at the place of occurrence is doubtful and injuries allegedly sustained by “injured witnesses” are not proved, their evidence becomes unreliable—Conviction cannot be sustained on such doubtful and inconsistent testimony—Accused entitled to acquittal. (Paras 16–19)  B. Code of Criminal Procedure, 1973—Sections 154, 161 & 164—Delay in FIR—Effect—Held: Unexplained delay in registration of FIR, especially when police reached the spot immediately and eyewitnesses were allegedly present, creates serious doubt about prosecution case—Fa...

A. Insolvency and Bankruptcy Code, 2016—Section 5(8) read with Sections 5(7) & 62—Corporate guarantee—Financial debt—Held: Liability arising out of a corporate guarantee constitutes a “financial debt” as it involves consideration for time value of money—Guarantor’s liability is coextensive with that of principal borrower—Execution of corporate guarantee entitles lender to be treated as financial creditor. (Paras 22–23, 31) B. Insolvency law—Verification of claims—Role of Resolution Professional—Held: Resolution Professional is empowered to verify claims on the basis of available documents and may seek further evidence—Where execution of corporate guarantee is admitted and verified through Security Trustee, rejection of claim for alleged non-filing o...

A. Constitution of India—Article 21A—Right of Children to Free and Compulsory Education Act, 2009—Section 12(1)(c)—U.P. RTE Rules, 2011—Rule 8—Admission in neighbourhood school—Held: Once a student is selected and allotted to a school by the State under the statutory admission process, the school is bound to grant admission without delay—School cannot sit in appeal over the decision of the State authorities—Non-compliance defeats the fundamental right to education under Article 21A. (Paras 2, 4–7) B. Education law—Neighbourhood school obligation—25% quota for weaker sections—Held: Section 12 of the RTE Act mandates compulsory admission of children from weaker and disadvantaged groups to the extent of at least 25% of entry-level class strength—This statu...

A. Indian Penal Code, 1860—Sections 302, 364, 404, 201 r/w Section 34—Circumstantial evidence—Last seen theory—Held: Mere “last seen together” circumstance is insufficient to sustain conviction unless corroborated by other incriminating evidence—Where time gap is not narrow and no additional reliable link connects accused with crime, conviction cannot be based solely on last seen evidence. (Paras 41–44) B. Evidence Act, 1872—Section 27—Discovery of fact—Admissibility—Held: For discovery to be admissible, prosecution must prove exact information given by accused, authorship of concealment, and recovery pursuant thereto—Joint or vague disclosures without clear attribution to each accused are unreliable—Failure to prove proper procedure of discovery weaken...

A. Wild Life (Protection) Act, 1972—Section 38H read with animal translocation—A.N. Jha Deer Park—Carrying capacity—Held: Where Central Zoo Authority cancels recognition of a facility and expert body finds that enclosure lacks carrying capacity to sustain existing wildlife population, continued retention of animals is impermissible—Scientific and regulated translocation to suitable habitats is justified and necessary for animal welfare and ecological balance. (Paras 5, 9–10) B. Environmental law—Wildlife conservation—Translocation policy—Held: Wildlife translocation must be based on scientific methodology, ecological feasibility and animal welfare considerations—Ad hoc or abrupt relocation without acclimatisation and safeguards is impermissible—Comprehensive guidelines f...

A. Constitution of India—Article 32/142—Suo motu cognizance—Victim protection—Held: Supreme Court can take suo motu cognizance of grave incidents involving violation of fundamental rights, particularly in cases of brutal assault—Court empowered to issue immediate directions for fair investigation, protection of victim and minor children, and to secure ends of justice. (Paras 2, 6) B. Criminal law—Investigation—Fairness—Held: To ensure impartial and effective investigation, Court may direct entrustment of investigation to senior police officer, preferably a woman officer—Investigating agency also required to trace missing minor children and submit status report—Ensuring fairness to both victim and accused. (Paras 6, 9) C. Victim compensation—NALSA Scheme—Interim ...

A. Narcotic Drugs and Psychotropic Substances Act, 1985—Section 37—Bail in commercial quantity cases—Mandatory twin conditions—Held: Grant of bail in offences involving commercial quantity requires strict compliance with twin conditions under Section 37(1)(b)(ii)—Court must record satisfaction that accused is not guilty and not likely to commit offence while on bail—Non-compliance renders bail order illegal and unsustainable. (Paras 9–10, 26–27) B. Constitutional Law—Article 21—Right to speedy trial vis-à-vis NDPS Act—Held: Right to speedy trial cannot be used to dilute statutory rigours of Section 37 NDPS Act—Both must be harmoniously construed—Delay in trial alone is insufficient to grant bail in commercial quantity cases. (Paras 10, 27) C. Crimin...

A. Arbitration and Conciliation Act, 1996—Section 9—Post-award stage—Maintainability—Held: An application under Section 9 is maintainable even by a party unsuccessful in arbitral proceedings—Expression “a party” under Section 9 includes all parties to arbitration agreement and cannot be restricted to successful party—Contrary view of certain High Courts held not to be good law. (Paras 29–33, 61–62) B. Arbitration Law—Interpretation of statute—Expression “a party”—Held: Statutory language being clear, Courts cannot read into Section 9 a limitation restricting relief only to award-holder—Contextual or purposive interpretation cannot override plain meaning—Any such restriction would amount to judicial legislation. (Paras 28–31, 55&n...

A. Code of Civil Procedure, 1908—Order VI Rule 17—Article 227, Constitution of India—Amendment of plaint—Subsequent events—Held: Legal heirs of deceased landlord are entitled to amend plaint to bring on record subsequent events including their own bonafide requirement—Amendment permissible where original pleading included requirement of “family members” and no inconsistent or adverse plea is introduced—High Court erred in interfering by examining merits at amendment stage. (Paras 14–16, 19) B. Constitution of India—Article 227—Scope of supervisory jurisdiction—Held: High Court, while exercising jurisdiction under Article 227, cannot reassess evidence or examine merits of proposed amendment—Interference permissible only in cases of jurisdictional error&m...

A. Wakf Act, 1995—Sections 4, 5, 83(9)—Nature of property—“Service inam”—Declaration of title—Held: Land granted as “service inam” for rendering services to mosque partakes character of Wakf property—Such property is inalienable and cannot confer valid title through partition or sale—High Court erred in treating it as private property. (Paras 24–25, 36) B. Indian Evidence Act, 1872—Sections 101–103—Burden of proof—Title suits—Held: Plaintiff seeking declaration of title must succeed on strength of own case—Burden cannot be shifted on defendant—Failure to establish valid title fatal—High Court wrongly shifted burden. (Paras 32–34) C. Civil Procedure Code, 1908—Revisional jurisdiction—Re-appreciatio...