A. Bharatiya Nagarik Suraksha Sanhita, 2023, Section 175(4)—Code of Criminal Procedure, 1973, Section 156(3)—Registration of FIR—Judicial direction—Appellants, though not parties to writ proceedings, challenging direction to register FIR and investigate allegations of corruption against them—Single Judge directing registration of FIR, commencement of investigation and filing of final report pursuant to communication under Section 66(2) of the Prevention of Money Laundering Act, 2002—Appellants held entitled to seek appellate scrutiny of such directions. (Paras 9-15)B. Prevention of Money Laundering Act, 2002, Section 66(2)—Prevention of Corruption Act, 1988, Section 17A—Bharatiya Nagarik Suraksha Sanhita, 2023, Section 175(4)—FIR and investigation against public servants—Judicial intervention—Direction to register FI...
A. Constitution of India, Articles 243ZA, 14, 19(1)(a) and 21—Municipal elections—Free and fair elections—Right to file nomination papers without hindrance is an essential facet of free and fair elections—State Election Commission constitutionally obligated to ensure unhindered participation of candidates—Judicial review permissible where violence, coercion or arbitrary executive action undermines a level playing field. (Paras 12-16)B. Constitution of India, Article 243ZA—Andhra Pradesh municipal elections, 2026—Judicial intervention during election process—Ordinarily, courts refrain from interfering once the election process commences; however, such restraint does not preclude intervention necessary to facilitate free and fair elections—Representations and supporting documentary and electronic evidence indicating obstru...
A. Central Goods and Services Tax Act, 2017, Sections 16(2)(b), 132(1)(b), 132(1)(c), 132(1)(f) and 135—Bail—Alleged fraudulent availment of input tax credit—Issuance of invoices without supply of goods and falsification of documents, allegedly causing loss of Rs. 43,08,22,936 to the exchequer—High Court granting bail—Respondent’s conduct in suppressing material facts and pursuing parallel remedies without adequate disclosure held to constitute abuse of process—Bail order set aside to the extent of disposal of the petition and matter remitted for fresh consideration, while interim bail continued. (Paras 3, 21–30)B. Criminal Procedure—Bail—Suppression of material facts—Parallel proceedings—Accused simultaneously pursuing bail before the High Court and Sessions Court and seeking release through a writ petition challe...
A. Limitation Act, 1963—Articles 54, 59 and 64, Section 27—Suit for possession—Agreement to Sell dated 14-1-1952 and registered Sale Deed dated 3-12-1960—Suit instituted in 1975—Claim for specific performance and cancellation of Sale Deed, if pursued, was barred by limitation—Suit for possession also barred, the prescribed period having expired long before institution of the suit. (Paras 35-42)B. Transfer of Property Act, 1882—Section 54—Agreement to Sell—Transfer of ownership—Agreement to Sell does not create any right, title, interest or charge in immovable property—Ownership can pass only through a valid registered Sale Deed—Plaintiff’s predecessor failed to fulfil the mandatory condition of constructing a house within three years and never obtained a registered Sale Deed—Legal heirs could not claim ownershi...
A. Prevention of Corruption Act, 1988, Sections 7(c), 9, 10, 12, 13(1)(a) and 13(2)—Indian Penal Code, 1860, Sections 409, 466, 467, 468, 471, 477-A and 120-B—Bail—Large-scale corruption—Alleged fabrication of work completion certificates and manipulation of public tenders under Jal Jeevan Mission—Gravity of allegations, though warranting serious scrutiny, cannot by itself eclipse other relevant considerations governing bail or justify indefinite pre-trial detention—Regular bail granted. (Paras 9–11)B. Criminal Procedure—Regular bail—Completion of investigation—Chargesheet and supplementary chargesheet filed—Documentary and electronic evidence, including tender records, committee minutes, correspondence, bank statements, forensic reports and call detail records, already seized by investigating agency—No further cus...
A. Chandigarh Estate Rules, 2007—Rule 5(iv), Rule 5(vi) and Explanation I—E-auction—Cancellation of highest bid—Agreement to Sell executed and entire consideration paid, but allotment letter and conveyance deed not issued—Enforceable contract not concluded—Administration empowered to withdraw the site or reject the highest bid in accordance with the Rules and auction conditions. (Paras 15-19)B. Chandigarh Estate Rules, 2007—Rule 5—Capital of Punjab (Development and Regulation) Act, 1952—Sections 3 and 22—Sale of public property—Price maximisation—Public authority may revisit the auction and conduct a fresh auction before conclusion of an enforceable contract, provided its action is fair and non-arbitrary—Substantially lower bid compared with an adjacent site of identical area constitutes a relevant consideration ...
A. Prevention of Corruption Act, 1988, Section 17-A—Public servant—Prior approval for investigation—Demand of illegal gratification—Section 17-A applies only where the alleged offence is relatable to a recommendation made or decision taken by a public servant in discharge of official functions or duties—Demand of bribe being an independent criminal act unconnected with official duties, prior approval not required—Criminal proceedings not vitiated. (Paras 5.1–5.5, 6–6.3)B. Prevention of Corruption Act, 1988, Section 17-A—Scope of protection—Public servant—Prior approval—Statutory protection is not an omnibus immunity against investigation for every offence committed by a public servant—Existence of a recommendation or decision taken in discharge of official duties is an essential condition for applicability of Sec...
A. Representation of the People Act, 1951, Section 125-A—Criminal Procedure Code, 1973, Sections 195(1) and 200—Private complaint—False disclosure in election affidavit—Section 195(1) CrPC does not include offences under Section 125-A of the Representation of the People Act—Cognizance of such offence not barred on a complaint by a private person—High Court’s contrary interpretation erroneous. (Paras 11–13)B. Representation of the People Act, 1951, Section 125-A—False affidavit by elected candidate—Maintainability of private complaint—No statutory provision restricts filing of complaint to the Election Commission or a public servant—Legislative omission to include Section 125-A within Section 195(1) CrPC held deliberate—Private complaint under Section 200 CrPC maintainable. (Paras 11–13)C. Representation of the ...
A. Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948—Sections 3(15), 3(16) and 14-A—Ryotwari patta—Communal water body—Land recorded in the earliest revenue records as Government Poramboke—Kanakkan Kuttai—Not ryoti land and incapable of grant of ryotwari patta—Patta granted contrary to Section 14-A rightly cancelled. (Paras 18-19, 24)B. Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948—Section 14-A—Land classification—Town planning—Land designated as mixed residential zone—Such zoning does not extinguish Government rights over water bodies or communal poramboke, nor validate an otherwise illegal patta—Earliest survey and settlement records relevant to determining the nature of land. (Paras 19-21, 23-24)C. Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948...
A. Code of Criminal Procedure, 1973—Anticipatory bail/Regular bail—Non-consideration of material evidence—High Court granting bail without considering police video footage showing accused at the scene and witness statements under Section 161 CrPC identifying them—Orders set aside and bail applications remitted for fresh consideration (Paras 6, 7, 9, 10)B. Criminal Procedure—Bail—Judicial order—Recording of reasons—High Court merely recording Investigating Officer’s submissions regarding video footage without independent assessment—Reasoned judicial orders essential to demonstrate application of mind and facilitate appellate scrutiny—Failure to give reasons vitiated the impugned bail order (Para 8)C. Criminal Procedure—Cancellation/set-aside of bail orders—Fresh consideration—Supreme Court set aside orders grant...
A. Arbitration and Conciliation Act, 1996—Section 9—Interim injunction—Invocation of bank guarantee—An unconditional bank guarantee may ordinarily be restrained only where egregious fraud affecting its foundation or irretrievable injustice is established—Disputes regarding delay, contractual breaches and responsibility for non-completion do not, by themselves, justify restraining invocation—Petition dismissed. (Paras 15-18, 25-29, 47-49)B. Arbitration and Conciliation Act, 1996—Section 9—Bank guarantee—Independent obligation—A bank guarantee operates independently of disputes arising under the underlying contract, and payment obligations must be determined by the terms of the guarantee—The legal fiction of an independent guarantee cannot be defeated merely by alleging non-grant of permissions, delay in execution or w...
A. Penal Code, 1860, Sections 498-A, 307 read with Section 34—Cruelty and attempt to murder—Wife alleging dowry demand of Rs.1,00,000, taunting and forcible administration of pesticide by husband at mother-in-law’s instigation—Allegations vague and medical evidence not supporting administration of poison—Prosecution failing to establish guilt beyond reasonable doubt—Conviction set aside and accused acquitted. (Paras 6-10)B. Penal Code, 1860, Section 498-A—Cruelty—Dowry demand and harassment—Allegations of taunting for inadequate marriage honours and demand of Rs.1,00,000 for purchasing a vehicle, without specific particulars of abuse or evidence of consequent physical or mental cruelty—Complainant’s father denying demand and ill-treatment—Essential ingredients of cruelty not proved beyond reasonable doubt. (Paras 6...
A. Arbitration and Conciliation Act, 1996—Section 11—Appointment of arbitrator—Non-signatory substituted developer—Respondent No. 2, having been substituted in place of the original developer under the Supplementary Development Agreement and having accepted obligations under the Permanent Alternate Accommodation Agreement, could not avoid the arbitration clause merely because it had not signed the original agreement—Sole Arbitrator appointed to adjudicate disputes arising from the redevelopment arrangement. (Paras 23-27, 62, 67-68)B. Arbitration and Conciliation Act, 1996—Section 7(5)—Incorporation of arbitration clause by reference—Connected agreements—Where the Permanent Alternate Accommodation Agreement incorporated the terms of the Development Agreement and the Supplementary Development Agreement substituted the new ...
A. Penal Code, 1860, Section 498-A—Cruelty—Acquittal—Allegations of harassment for inadequate marriage felicitation and demand of Rs.1,00,000 for starting printing press business—Prosecution witnesses unable to specify dates, instances of cruelty or individual roles of six accused—General and omnibus allegations held insufficient to establish cruelty under Section 498-A IPC. (Paras 7-12)B. Penal Code, 1860, Section 306 read with Section 34—Abetment of suicide—Deceased committing suicide on 20.11.2011—No material establishing cruelty in proximity to suicide or any inducement, abetment or instigation by accused—Trial Court rightly acquitted accused of offence under Section 306 IPC—State’s appeal against acquittal dismissed. (Paras 10-13)C. Indian Evidence Act, 1872, Section 113-A—Presumption as to abetment of suicide...
A. Negotiable Instruments Act, 1881, Sections 118 and 139 read with Section 138—Dishonour of cheque—Statutory presumptions—Accused establishing loss of cheque books and prior request to block the subject cheque through documentary evidence—Complainant failing to establish financial capacity to advance alleged cash loan of Rs.10,00,000 despite specific challenge—Presumptions rebutted and conviction set aside. (Paras 22-23, 32-43)B. Negotiable Instruments Act, 1881, Section 138—Legally enforceable debt—Financial capacity of complainant—Alleged cash loan of Rs.10,00,000 unsupported by documentary evidence, despite complainant’s monthly income of Rs.40,000–50,000—Material inconsistencies regarding place of lending and absence of evidence establishing acquaintance with accused—Accused rebutting statutory presumptions un...
A. Motor Vehicles Act, 1988—Section 149(2)(a)(ii)—Insurance policy—Fake driving licence—Liability of insurer—Driving licence of offending vehicle’s driver proved to be fake—Owner having checked the licence, conducted driving test and engaged the driver on being satisfied about its apparent genuineness—Mere falsity of licence insufficient to absolve insurer unless it is proved that the insured knew or had reason to believe that the licence was fake and nevertheless permitted the driver to operate the vehicle—Insurer’s plea for exoneration rejected and liability to indemnify the owner upheld. (Paras 50-63)B. Motor Vehicles Act, 1988—Sections 149 and 168—Overloading of passenger bus—Breach of insurance policy—Vehicle carrying passengers beyond permitted seating capacity—Mere overloading not, by itself, constitut...
A. Code of Criminal Procedure, 1973—Appeal against acquittal—Scope of appellate interference—Appellate Court must give due weight to trial Court’s assessment of witness credibility and presumption of innocence—Where two views are possible, acquittal cannot be reversed merely because another view is possible—Interference warranted only in exceptional cases involving compelling circumstances or perversity (Paras 15–20)B. Indian Evidence Act, 1872, Section 118—POCSO Act, 2012, Sections 4, 6 and 8—Sexual offences against minor—Testimony of prosecutrix—Conviction may be based on sole testimony of prosecutrix if it inspires confidence and is reliable—Corroboration is not an inflexible rule of law—Where testimony is inconsistent or untrustworthy, Court may seek assurance from other evidence (Paras 25–38)C. Indian Pena...
A. Bharatiya Nyaya Sanhita, 2023, Section 103(1)—Criminal Procedure—Regular bail—Successive bail application—Earlier bail petition dismissed—Subsequent bail application maintainable only upon showing substantial change in circumstances having a direct bearing on the earlier rejection—Court required to consider grounds of earlier rejection and record fresh reasons for taking a different view—In absence of any substantial change in circumstances, reconsideration would amount to impermissible review of earlier order—Petition dismissed (Paras 8 to 11, 15, 18)B. Bharatiya Nyaya Sanhita, 2023, Section 103(1)—Regular bail—Murder—Appreciation of evidence at bail stage—Two prosecution witnesses not supporting prosecution case—Bail Court cannot assess credibility, reliability or contradictions in testimony of witnesses exa...