(1) SUPREME COURT
Quashing of proceeding
A. Protection of Women from Domestic Violence Act, 2005—Section 12—Quashing of proceedings—DV complaint filed after mediated settlement and partial compliance thereof—Allegations vague, general and unsupported by specific incidents—Proceedings initiated after resiling from settlement—Held, amounts to abuse of judicial process—Complaint liable to be quashed. [Paras 37–41] B. Hindu Marriage Act, 1955—Sections 13B(1) and 13B(2)—Mutual divorce—Withdrawal of consent—Effect of settlement—Settlement agreement arrived at through mediation—Partly acted upon by parties—Withdrawal of consent permissible in law, but resiling from settlement without proof of fraud, coercion or undue influence impermissible—Such conduct entails consequences and disen...
(2) SUPREME COURT
Quashing of FIR
A. Criminal Procedure Code, 1973—Section 482—Quashing of FIR—Scope—Allegations of fraud, forgery and criminal conspiracy in property transactions—High Court quashed proceedings treating dispute as civil—Held, premature quashing at threshold impermissible—At stage of Section 156(3), only prima facie disclosure of cognizable offence is required—Civil remedy does not bar criminal prosecution. [Paras 52, 55–57] B. Specific Relief Act, 1963—Section 31—Cancellation of instruments—High Court held criminal proceedings not maintainable unless sale deeds first cancelled—Held, such requirement not a sine qua non—Civil and criminal remedies can proceed simultaneously where allegations disclose cognizable offences. [Paras 41, 56] C. Criminal Procedure C...
(3) SUPREME COURT
A. Kerala Agricultural Income Tax Act, 1991—Sections 12 and 54—Set-off of losses—Amalgamation—Amalgamated company claiming set-off of accumulated losses of amalgamating company—Held, in absence of specific statutory provision, such benefit not available—Set-off under Section 12 permissible only to assessee who incurred loss—Section 54 (succession) does not confer right to claim such benefit. [Paras 9–9.1, 14] B. Companies Act, 1956—Amalgamation scheme—Effect—Clause in scheme providing that losses of amalgamating company shall be treated as losses of amalgamated company—Held, such clause cannot override statutory provisions—Further, no notice given to State/Revenue authorities during amalgamation—Scheme not binding on State for tax purposes. [P...
(4) SUPREME COURT
Arbitration award
A. Arbitration and Conciliation Act, 1996—Section 36—Execution of consent award—Interpretation—Consent Award embodying compromise—Execution deferred by High Court on ground that liability arises only after confirmation by highest appellate forum—Held, consent award to be construed as contract—All clauses must be harmoniously read—High Court erred in isolating one clause and ignoring others—Execution cannot be deferred when liability has already crystallised. [Paras 16–18, 23] B. Contract Act, 1872—Sections 124 and 125—Indemnity—Scope—Clause providing that promoters shall “ensure no liability is recovered” from appellants—Held, creates absolute and immediate obligation, not merely contingent indemnity—Liability crystallises o...
(5) SUPREME COURT
Suspension of sentence
A. Prevention of Corruption Act, 1988—Sections 13(1)(d), 13(2) and Penal Code, 1860—Section 120-B—Suspension of sentence—Bail—Conviction for disproportionate assets and criminal misconduct—Appeal pending—Allegations in present case overlap with earlier prosecution arising from same check period—Appellant had already undergone substantial incarceration in earlier case and sentence therein suspended—Held, considering overlapping allegations and custody undergone, appellant entitled to bail pending appeal. [Paras 19–20] B. Criminal Procedure Code, 1973—Suspension of sentence—Conditions—Substantial assets already attached/confiscated—No likelihood of early disposal of appeal—Held, sentence suspended and appellant released on bail subject to undertakin...
(6) SUPREME COURT
NDPS
A. Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8(c), 20(b)(ii)(C), 25 and 29(1)—Bail—Parity—Petitioner accused in NDPS offence—Co-accused granted bail—Held, principle of parity applicable—Where similarly placed co-accused have been enlarged on bail, petitioner entitled to same relief—Bail granted without expressing opinion on merits. [Para 2] B. Criminal Procedure Code, 1973—Bail—Conditions—Bail granted subject to furnishing bonds and compliance with conditions—Accused directed to cooperate with trial—Liberty reserved to Trial Court to cancel bail in case of non-cooperation or involvement in similar offences. [Paras 3–4] Result: SLP allowed—Petitioner released on bail on ground of parity. ...
(7) SUPREME COURT
Bail
A. Criminal Procedure Code, 1973—Bail—Delay in trial—Prolonged custody—Petitioner in custody for about 3 years 9 months—Charges framed but trial progressing slowly with only 1 witness examined—Held, prolonged incarceration and delay in trial are relevant considerations—Accused entitled to bail without expressing opinion on merits. [Para 2] B. Penal Code, 1860—Sections 420, 120-B, 468, 471, 489-B, 489-C and 34—Bail—Conditions—Serious economic and forgery-related offences alleged—However, at bail stage, delay in trial outweighs continued detention—Bail granted subject to conditions—Liberty reserved to State to seek cancellation in case of violation or involvement in other offences. [Paras 3–4] Result: SLP allowed—Petitioner r...
(8) SUPREME COURT
Bail
A. Criminal Procedure Code, 1973—Bail—Delay in trial—Accused in custody for over two years—Trial progressing slowly with only 1 out of 26 witnesses examined—Held, prolonged incarceration coupled with delay in trial is a relevant factor—Accused entitled to bail without expressing opinion on merits. [Para 2] B. Penal Code, 1860—Sections 363, 366-A, 201—Protection of Children from Sexual Offences Act, 2012—Section 6—Bail—Serious offences including POCSO alleged—However, inconsistencies in victim’s statements and slow trial noted—Held, merits to be examined at trial—At bail stage, delay and custody period justify grant of bail. [Para 2] C. Criminal Procedure Code, 1973—Bail—Conditions and trial directions—Bail granted su...
(9) SUPREME COURT
Suspension of sentence
A. Criminal Procedure Code, 1973—Section 389—Suspension of sentence—Life imprisonment—Appellant undergoing life imprisonment—Has undergone about 13 years of incarceration—Appeal pending before Supreme Court—Held, prolonged incarceration coupled with delay in disposal of appeal is a relevant factor—Sentence suspended and bail granted. [Paras 5, 7] B. Criminal Procedure Code, 1973—Bail—Considerations—Conduct and antecedents—State placed record of criminal antecedents—Most cases old and pending trial—Prison conduct of appellant certified to be satisfactory—Held, satisfactory jail conduct and long custody tilt balance in favour of granting bail, notwithstanding pending cases. [Paras 3–5] C. Criminal Procedure Code, 1973—Condit...
(10) SUPREME COURT
Conviction
A. Negotiable Instruments Act, 1881—Section 138—Conviction—Multiple complaints—Dishonour of cheques—Petitioner convicted in multiple complaint cases—Sentence of two years’ simple imprisonment with fine and compensation imposed—Appeals dismissed—Challenge pending before Supreme Court—Held, matter requires consideration. [Paras 2–5, 9] B. Criminal Procedure Code, 1973—Bail—Post-conviction—Petitioner in custody since long period—Submission that entire cheque amount/compensation paid—Another connected matter already pending before Supreme Court—Held, in such circumstances, petitioner entitled to be released on bail pending consideration of appeal. [Paras 10–12, 16] C. Criminal Procedure Code, 1973—Interim relief&md...
(1) BOMBAY
Divorce, DNA Test
A. Hindu Marriage Act, 1955—Section 13(1)(i)—Evidence Act, 1872—Section 112—Divorce—Paternity—DNA test—Husband disputing paternity of child born during subsistence of marriage—DNA test directed by trial court—Held, DNA test may be ordered to aid adjudication of matrimonial dispute, including allegation of infidelity—However, it cannot be used to declare child illegitimate unless presumption under Section 112 is rebutted by proof of non-access. [Paras 12–13, 17] B. Evidence Act, 1872—Section 112—Presumption of legitimacy—DNA evidence—Strong statutory presumption in favour of legitimacy of child born during marriage—Held, such presumption can be displaced only by clear proof of non-access—DNA test alone insufficient to rebut presump...
(2) ALLAHABAD
Summoning order
Penal Code, 1860—Section 498-A, 323, 504, 506—Dowry Prohibition Act, 1961—Section 3 and 4—Criminal Procedure Code, 1973—Section 482—Matrimonial cruelty—Complaint case—Summoning order—Quashing for—It is clear that the divorce suit filed by husband has been decreed as cruelty is not proved against him, rather it is proved against the wife. The other important fact to be noted here that the complaint has filed after one year and nine months after alleged incident that too without any medical report. Further, the complaint does not indicate that at any point of time, the wife made any attempt to lodge the case before the police. The cross-examination of the sister of the wife in proceedings u/s 125 Cr.P.C. further indicates that she had no knowledge about the factum of the present ca...
(3) KARNATAKA
Quashing of proceeding
A. Penal Code, 1860—Sections 498-A, 323, 34—Dowry Prohibition Act, 1961—Section 4—Quashing of proceedings—Criminal proceedings arising out of matrimonial dispute—Parties entered into settlement through mediation and obtained divorce by mutual consent—All disputes including maintenance, property and future claims settled—Held, continuation of criminal proceedings would serve no purpose—Proceedings liable to be quashed. B. Criminal Procedure Code, 1973—Section 482—Quashing on basis of settlement—Settlement arrived voluntarily without coercion or fraud—Parties agreed to withdraw all litigations and cooperate in quashing proceedings—Held, in matrimonial disputes of private nature, High Court justified in exercising inherent powers to quash proceedings to se...
(4) CALCUTTA
Cruelty, Divorce
A. Hindu Marriage Act, 1955—Section 13(1)(ia)—Divorce—Cruelty—False and baseless criminal complaints filed by wife against husband and his family—Resulting in harassment, mental agony and loss of reputation—Held, such conduct amounts to mental cruelty warranting dissolution of marriage. [Paras 19, 46, 50–51] B. Hindu Marriage Act, 1955—Section 13(1)(ia)—Divorce—Irretrievable breakdown—Parties living separately for over 17 years with no resumption of cohabitation—Held, though irretrievable breakdown is not a statutory ground, long separation coupled with absence of reconciliation constitutes mental cruelty—Divorce justified. [Paras 52, 57–58] C. Hindu Marriage Act, 1955—Section 25—Permanent alimony—No application for perman...
(5) GAUHATI
Maintenance
Criminal Procedure Code, 1973—Section 125(1)(b) & (c)—Maintenance of children—High Court in revisional jurisdiction cannot grant or extend maintenance beyond age of majority except where child suffers from physical or mental abnormality or injury rendering it unable to maintain itself—Direction of Supreme Court in Chandrashekar v. Swapnil issued in exercise of powers under Article 142—Such power not available to High Courts. [Paras 9–11] ...
(6) 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...
(7) 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...
(8) 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...
(9) HIMACHAL PRADESH
Quashing of proceeding
A. Criminal Procedure Code, 1973—Section 482 and Protection of Women from Domestic Violence Act, 2005—Sections 20(6) and 31—Quashing of proceedings—Compromise—FIR alleging domestic violence and harassment—Parties entered into amicable settlement—Held, where offences are personal in nature and do not involve serious or heinous crimes, High Court may exercise inherent powers to quash proceedings—Continuation of proceedings would amount to abuse of process. [Paras 6, 8, 11] B. Criminal Procedure Code, 1973—Section 482—Quashing on basis of compromise—Guidelines—Principles laid down in Narinder Singh v. State of Punjab reiterated—Power to quash to be exercised sparingly and with caution—Permissible in cases having predominantly civil or matrimonial flavour&m...