A. Specific Relief Act, 1963—Section 20—Specific performance—Readiness and willingness—Held: A plaintiff seeking specific performance must establish continuous readiness and willingness to perform the essential terms of the contract throughout the relevant period—Such readiness must be supported by consistent conduct and satisfactory evidence of financial capacity—Failure to prove availability of funds coupled with conduct inconsistent with performance disentitles the plaintiff to the equitable relief of specific performance. (Paras 38 to 51) B. Specific Relief Act, 1963—Section 20—Specific performance—Equitable and discretionary relief—Held: Specific performance being an equitable remedy, the plaintiff must approach the Court with clean hands and bona fide conduct—Contr...
A. Criminal Procedure Code, 1973—Section 299—Evidence recorded in absence of absconding accused—Admissibility in subsequent trial—Held: Evidence recorded under Section 299 becomes admissible in a subsequent trial only after the Court records a clear finding that the accused had absconded and that there was no immediate prospect of securing his arrest—Such evidence can thereafter be relied upon only if the witness is unavailable on account of death, incapacity, or cannot be produced without unreasonable delay, expense or inconvenience—Compliance with these jurisdictional requirements is mandatory. (Paras 2, 9 & 10) B. Criminal Procedure Code, 1973—Section 299—Jurisdictional requirements—Non-compliance—Effect—Held: Where the Court has not recorded the foundational sati...
A. Criminal Procedure Code, 1973—Sections 125 & 125(4)—Maintenance—Interim maintenance—Allegation of adultery—Held: Proceedings under Section 125 are summary in nature and intended to achieve the social object of preventing destitution and vagrancy—Interim maintenance ordinarily cannot be denied merely because the husband alleges adultery—However, where the material placed before the Court prima facie and unequivocally establishes that the wife is living in adultery within the meaning of Section 125(4), interim maintenance may be declined—In the absence of such clear evidence, interim maintenance shall continue until the issue is finally determined—Matter remitted for adjudication of the husband's plea under Section 125(4). (Paras 6 to 20) B. Evidence Act, 1872—Section...
A. Criminal Procedure Code, 1973—Sections 374, 397 & 401 (Bharatiya Nagarik Suraksha Sanhita, 2023—Sections 415, 438 & 442)—Appeal against conviction—Maintainability—Held: A conviction recorded by a Sessions Court while exercising appellate jurisdiction and reversing an order of acquittal passed by the Trial Court is not appealable under Section 374 CrPC (or Section 415 BNSS). The expression "convicted on a trial held by a Sessions Judge" is confined to a conviction recorded by the court conducting the trial and does not extend to a conviction rendered in appeal. The appropriate remedy against such appellate conviction is a criminal revision under Sections 397 and 401 CrPC or the corresponding provisions of the BNSS. (Paras 27–39, 60 & 61) B. Criminal Procedure Code, 1973—...
A. Motor Vehicles Act, 1988—Sections 2(10), 3, and 5—Liability of insurer—Driver of offending vehicle not possessing valid driving license at the time of accident—Held, insurer not liable to pay compensation where the driver does not possess a valid driving license at the time of the accident and the owner fails to ensure its renewal—Tribunal held insurer not liable, but High Court reversed the finding relying on secondary evidence of renewal—Supreme Court held that secondary evidence is inadmissible unless the conditions under Section 65 of the Indian Evidence Act, 1872 are met—Insurer cannot be held liable, burden of compensation placed on the driver and owner. [Paras 2, 7, 12, 18] B. Indian Evidence Act, 1872—Sections 61 to 64 and 65—Secondary evidence—Admissibility&md...
A. Income Tax Act, 1961—Section 44B—Presumptive taxation for non-resident entities engaged in shipping business—Scope of "carriage"—Held, the term "carriage" under Section 44B is not restricted to movement from one port to another (e.g., Port A to Port B)—Round trips with passengers embarking and disembarking at intermediate ports fall within the scope of "carriage"—Providing ancillary services such as hospitality and entertainment during a voyage does not exclude the activity from being classified as "carriage" under Section 44B. [Paras 5, 8, 15, 16] B. Income Tax Act, 1961—Section 195—Tax deduction at source on payments made to non-resident entities—Assessment of deemed income under Section 44B at presumptive rate of 7.5% of gross recei...
A. Chhattisgarh Cooperative Societies Act, 1960—Sections 55(1) and 95(3)—Service Rules—Registrar's power to amend rules governing service conditions—Held, the Registrar has statutory power to amend, alter or delete rules under Section 55(1), and such exercise of power is valid even if executed by the Additional Registrar under the Registrar's authority—Non-compliance with the laying procedure under Section 95(3) does not invalidate the amendment, the provision being directory and not mandatory—Executive instructions cannot override statutory provisions, and the Registrar's valid exercise of statutory power cannot be invalidated based merely on the style or nomenclature of the notification. [Paras 9, 10, 13 to 15] B. Service Jurisprudence—Promotion under statutory rules—Ju...
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. Bhartiya Nagrik Suraksha Sanhita, 2023—Section 147 (Corresponding to Section 128 Cr.P.C.)—Enforcement of Maintenance Order—Limitation period for recovery warrant—Continuing Liability in nature—A maintenance order passed U/s 125 Cr.P.C. continues to remain operative until modified or set aside by a competent court, and the husband's obligation to pay monthly maintenance is a continuing statutory liability—Every monthly default in payment of maintenance gives rise to a recurring and continuing cause of action for enforcement of the subsisting maintenance order—The one-year limitation prescribed in the first proviso restricts only the issuance of a recovery warrant and does not extinguish the claimant's substantive right to recover maintenance arrears. (Para 16, 17, 18 21, 22) B. Bharti...
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...