(1) SUPREME COURT
Hostile witness
A. Criminal trial—Appreciation of evidence—Contradictory and unreliable prosecution case—Held: Where prosecution evidence suffers from major contradictions, inconsistencies and improbabilities affecting the very genesis and occurrence of the incident, conviction cannot be sustained—Failure to examine independent witnesses despite incident allegedly occurring at a busy public place further weakens prosecution case and entitles accused to benefit of doubt. (Paras 7–10.2) B. Evidence Act, 1872—Hostile witness—Evidentiary value—Held: Evidence of a hostile witness is not effaced from record and may be relied upon to the extent it is credible and corroborated—Just as testimony of hostile witness may support conviction, it can equally be utilised to discredit prosecution ca...
(2) SUPREME COURT
Service Law
A. Constitution of India, 1950—Articles 14 & 16—Public employment—Regular vacancy advertised—Contractual appointment—Held: Where advertisement is issued exclusively for regular sanctioned posts and candidate participates in regular selection process along with other candidates, arbitrary recommendation of only such candidate for contractual appointment, without recorded reasons, is violative of Articles 14 and 16 of the Constitution—Differential treatment in absence of intelligible basis is patently illegal and unconstitutional. (Paras 12–14) B. Service Law—Selection Committee—Scope of discretion—Held: Selection Committee cannot arbitrarily deny regular appointment to a fully qualified candidate shortlisted and selected through same process adopted for regular appoint...
(3) SUPREME COURT
Arbitration
A. Arbitration and Conciliation Act, 1996—Section 7(5)—Incorporation of arbitration clause by reference—Held:Where later agreement expressly provides that all terms and conditions of earlier agreement shall form part of later agreement and all clauses thereof shall be binding on parties, arbitration clause contained in earlier agreement stands incorporated into later agreement by reference—Such incorporation satisfies requirements of Section 7(5) of the Arbitration and Conciliation Act, 1996. (Paras 8–12) B. Arbitration agreement—Reference vis-à-vis incorporation—Distinction—Held: Mere reference to another document in a contract does not automatically incorporate arbitration clause contained therein—However, where language of later contract clearly manifests intention to...
(4) SUPREME COURT
Quashing of Criminal Proceedings
A. Criminal Procedure Code, 1973—Section 482—Quashing of criminal proceedings—Scope—Held: Where allegations made in complaint, even if taken at face value and accepted in entirety, do not disclose essential ingredients of alleged offences, High Court ought to exercise jurisdiction under Section 482 CrPC to quash proceedings—Failure to do so amounts to improper exercise of jurisdiction. (Paras 10, 15, 20) B. Indian Penal Code, 1860—Sections 405, 420 & 120B—Criminal breach of trust, cheating and conspiracy—Medical billing dispute—Held: Erroneous inclusion of charge for diagnostic test in hospital bill, subsequently corrected with offer of refund, does not constitute criminal breach of trust or cheating in absence of entrustment, dishonest inducement or fraudulent intenti...
(5) SUPREME COURT
Quashing of FIR
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 193(3)—Investigation and filing of police report—Held: Investigation into cognizable offences must ordinarily be permitted to proceed unhindered and culminate in filing of police report before competent Court—Judgment in Pradnya Pranjal Kulkarni does not justify stay on submission of charge-sheet during pendency of writ petition challenging FIR. (Paras 15–16) B. Constitution of India, 1950—Article 226—Quashing of FIR—Interim orders restraining filing of charge-sheet—Held: While High Court may in appropriate cases protect accused from coercive action during pendency of petition challenging FIR, blanket direction restraining Investigating Officer from filing police report/charge-sheet under Section 193(3) of the Bharatiya N...
(6) SUPREME COURT
A. Insolvency and Bankruptcy Code, 2016—Section 61—Appeal before NCLAT—Mandatory requirement of certified copy—Held: An appeal under Section 61 of the Insolvency and Bankruptcy Code must be accompanied by a certified copy of the impugned order in terms of Rule 22(2) of the NCLAT Rules, 2016—Filing of appeal without certified copy and without even applying for the same within limitation period renders appeal incompetent in the eyes of law. (Paras 6–10) B. National Company Law Appellate Tribunal Rules, 2016—Rules 14, 15, 22 & 26—Defective filing and refiling—Held: While delay in refiling may ordinarily be viewed liberally, such indulgence cannot extend to a wholly incompetent appeal lacking essential statutory requirements—Failure to file certified copy of impugned...
(7) SUPREME COURT
Arbitral award
A. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013—Section 26(1)—Determination of market value—Comparable sale instances—Held: For determination of market value under Section 26(1)(b), sale exemplars must relate to “similar type” of land situated in nearest village or vicinity—Residential land cannot be treated as comparable to industrial land—Reliance upon sale deed pertaining to dissimilar category of land for determining compensation is contrary to statutory mandate. (Paras 10–11) B. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013—Section 26(1)(a) & (b)—Average sale price—Methodology—Held: Section 26(1) requires adoption...
(8) SUPREME COURT
Cruelty and desertion
A. Hindu Marriage Act, 1955—Sections 13(1)(ia) & 13(1)(ib)—Cruelty and desertion—Professional aspirations of wife—Held: A professionally qualified woman pursuing her career and choosing a safer environment for upbringing of her child cannot be branded as guilty of cruelty or desertion merely because she did not reside with her husband at his place of posting—Marriage does not eclipse individuality or professional identity of wife—Expecting wife to sacrifice her career solely to conform to traditional notions of matrimony reflects patriarchal and regressive mindset incompatible with constitutional values of dignity and autonomy. (Paras 3–7, 21–27) B. Matrimonial law—Women’s autonomy and equality—Held: A wife cannot be treated as a mere appendage to her husba...
(9) SUPREME COURT
Cruelty and desertion
A. Hindu Marriage Act, 1955—Sections 13(1)(ia) & 13(1)(ib)—Cruelty and desertion—Professional aspirations of wife—Held: A professionally qualified woman pursuing her career and choosing a safer environment for upbringing of her child cannot be branded as guilty of cruelty or desertion merely because she did not reside with her husband at his place of posting—Marriage does not eclipse individuality or professional identity of wife—Expecting wife to sacrifice her career solely to conform to traditional notions of matrimony reflects patriarchal and regressive mindset incompatible with constitutional values of dignity and autonomy. (Paras 3–7, 21–27) B. Matrimonial law—Women’s autonomy and equality—Held: A wife cannot be treated as a mere appendage to her husba...
(10) SUPREME COURT
Compensation
A. Motor Vehicles Act, 1988—Compensation—Death of engineering student—Assessment of notional income—Held: While determining compensation for death of a bright engineering student, notional income cannot be equated with minimum wages payable to an unskilled worker—Educational qualifications, academic merit, technical skills and future career prospects must be meaningfully considered—Deceased third-year engineering student possessing diploma in Plastic Engineering and AutoCAD certification held entitled to notional income assessment of Rs.12,000/- per month for accident of year 2000. (Paras 22–26) B. Motor Vehicles Act, 1988—Compensation—Future prospects and deduction for personal expenses—Held: Future prospects are payable even where income of deceased is assessed not...
(1) HIMACHAL PRADESH
Security cheque
A. Negotiable Instruments Act, 1881—Sections 118, 139—Presumption—Rebuttal—Held: Once issuance of cheque and signature thereon are admitted or proved, statutory presumption arises that cheque was issued towards discharge of legally enforceable debt—Burden shifts on accused to rebut presumption on preponderance of probabilities—Failure to lead evidence or raise probable defence results in conviction. (Paras 6–8, 12) B. Negotiable Instruments Act, 1881—Section 138—“Security cheque”—Liability—Held: Dishonour of cheque issued as “security” also attracts offence under Section 138, if it relates to a subsisting liability and becomes enforceable on default—There is no statutory exemption for security cheques under the Act. (Paras 10–11) ...
(2) ALLAHABAD
A. Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Section 35(1)—Appeal—Pre-deposit—Nature—Held: Requirement of pre-deposit of 50% of adjudicated amount is mandatory and jurisdictional—Use of expression “no appeal shall lie” makes it a condition precedent for institution of appeal—In absence of such deposit, appeal is non-est and not maintainable in law. (Paras 27–29, 55) B. Limitation—Pre-deposit—Interplay—Held: Pre-deposit and limitation are cumulative requirements—Deposit made beyond limitation does not validate an otherwise incompetent appeal—Appeal is treated as instituted only upon compliance of pre-deposit, and delay must be separately explained and condoned—Pre-deposit cannot cure limitation defect. (Paras 31–33, 4...
(3) ALLAHABAD
Custody of minor child
Constitution of India, 1949—Article 226—Custody of minor child—Writ jurisdiction—Natural guardian—After the death of the mother, custody of a 13-month-old child was claimed by the father as natural guardian—The child was in the care of maternal relatives—In the absence of any material showing the father to be unfit and considering his financial stability and ability to provide proper upbringing, the father’s legal and natural claim prevails—Welfare of the child does not justify denial of custody to the father merely on preference for maternal relatives—Mere claim that maternal relatives would better serve child’s welfare does not override father’s legal right —To preserve child’s emotional bond with father, custody directed to be given to him—Materna...
(4) MADRAS
Partition, Hindu Law
Hindu Law (Mulla, 22nd Edn.)—Artcles 241 & 254—Karta—Powers & Alienation—Legal Necessity—Binding Effect of—Karta of a Hindu Undivided Family is its supreme manager and legal representative, empowered to manage family affairs, represent it in proceedings, incur debts, and alienate coparcenary property—Such alienation is valid and binding on all coparceners, including minors and widows, if made for legal necessity or benefit of estate, with a presumption of validity attaching to Karta’s acts—Existence of legal necessity is fact-specific; discharge of tax liabilities of family business constitutes legal necessity—Once such necessity is proved, the alienation cannot be challenged by any coparcener. A. Specific Relief Act, 1963—Section 10 (prior to amendment)—Sp...
(5) JAMMU & KASHMIR
Interim compensation
A. Negotiable Instruments Act, 1881—Section 143-A—Sections 138 and 142—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 528—Interim compensation—Discretionary power—Held: Power under S. 143-A NI Act to grant interim compensation is discretionary and not mandatory—Use of expression “may” requires judicial application of mind—Court must prima facie evaluate complainant’s case and defence of accused before granting such relief—Mechanical exercise of power without consideration of defence (such as denial of signature) is impermissible—Impugned order granting 10% compensation set aside. (Paras 16 to 20, 23 to 25) B. Negotiable Instruments Act, 1881—Section 143-A—Interim compensation—Requirement of reasons and quantum—Held: Grant of in...
(6) ORISSA
Appeal against acquittal
A. Code of Criminal Procedure, 1973—Section 372 proviso, Section 2(wa), Section 378(4)—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 413, Section 2(1)(y), Section 419(4)—Negotiable Instruments Act, 1881—Section 138—Appeal against acquittal—Complainant as “victim”—Maintainability—Held: In cheque dishonour cases, complainant who suffers pecuniary loss is a “victim” within meaning of S. 2(wa) CrPC / S. 2(1)(y) BNSS—Such complainant has independent statutory right to file appeal against acquittal under proviso to S. 372 CrPC / S. 413 BNSS—Resort to S. 378(4) CrPC / S. 419(4) BNSS not mandatory—Victim’s right of appeal is substantive and not diluted merely because case instituted on complaint. (Paras 11 to 18, 21) B. Code of Criminal Pro...
(7) ALLAHABAD
A. Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Section 35(1)—Appeal—Pre-deposit—Continuing obligation—Held: Pre-deposit of 50% of “entire amount payable” is mandatory and not confined to a one-time deposit at the time of filing appeal—Where impugned order creates recurring liability (e.g., revised rent), obligation extends to continuous deposit during pendency of appeal—Requirement is dynamic and subsists so long as liability continues. (Paras 14–17, 23.3–23.4) B. Rent law—Recurring liability—Interpretation of “entire amount payable”—Held: Expression “entire amount payable” includes ongoing accruals and cannot be restricted to amount due on date of appeal—Restrictive interpretation would defeat legislative ...
(8) ALLAHABAD
Rejection of plaint
A. Hindu Succession Act, 1956—Section 14—Civil Procedure Code, 1908—Order VII Rule 11— Rejection of plaint—Suit by son and daughter claiming property in mother’s name as HUF property—Held, not maintainable—Any property purchased by female Hindu whether before or after the commencement of the Act shall be held by her as full owner thereof and not as a limited owner—Where property is purchased in the name of a female Hindu after commencement of the Act, she becomes its absolute owner U/s 14, irrespective of source of consideration, unless a restricted estate is shown—Mere bald assertion by daughter and son that property was acquired from Hindu undivided family funds, without proof of nucleus, is insufficient—Therefore, even if consideration was provided by husband, title vest...
(9) ALLAHABAD
Eviction, Rent Law
A. Constitution of India—Article 227—Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Sections 21(2)(b), 4(3) and 4(7)—Eviction—Scope of supervisory jurisdiction—Held: High Court will not interfere with concurrent findings of Rent Authority and Rent Tribunal where landlord-tenant relationship and statutory default stand proved—Non-compliance with S. 4(3) constitutes a valid ground for eviction under S. 4(7)—Eviction orders upheld. (Paras 2–4) B. Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Sections 21 and 4—Grounds of eviction—Statutory non-compliance—Held: Even if default prior to commencement of Act may not independently justify eviction, admitted non-furnishing of tenancy particulars under S. 4(3) is sufficient—Eviction le...
(10) RAJASTHAN
Handwriting expert
A. Indian Evidence Act, 1872—Section 45—Handwriting expert—Right of accused—Held: Accused disputing signatures on cheque is entitled to seek examination by handwriting expert—Denial of such opportunity amounts to denial of fair trial—Application should ordinarily be allowed unless found to be vexatious or intended to delay proceedings—Impugned order rejecting such request set aside. (Paras 9–11, 15–17) B. Negotiable Instruments Act, 1881—Sections 138, 139—Presumption—Rebuttal—Held: Section 139 creates a rebuttable presumption in favour of the holder of cheque—Burden shifts on accused to disprove liability—To rebut such presumption, accused must be afforded full opportunity to lead defence evidence, including expert opinion. (Paras 12–14) ...