A. Indian Penal Code, 1860—Section 394—Robbery—Essential ingredients—Proof of robbery/attempted robbery—Conviction under Section 394 cannot be sustained merely on allegation of snatching jewellery where alleged jewellery was neither recovered nor otherwise connected with accused—Absence of purchase receipt or other material establishing identity/value of articles, and failure to connect beads allegedly found at spot with mangalsutra, rendered essential ingredient of robbery unproved—Conviction under Section 394, therefore, unsustainable. [Para 9]B. Code of Criminal Procedure, 1973—Section 222—Conviction for minor offence—Cognate offences—Where charge consists of several particulars, accused may be convicted of a minor offence if proved facts constitute such offence, notwithstanding that minor offence was not separate...
A. Representation of the People Act, 1951—Sections 81(1) and 86(1)—Election petition—Presentation—Mandatory requirement—Section 81(1) prescribes five specific requirements, namely, petitioner must be a candidate or elector, petition must be presented by the petitioner, it must be founded on grounds under Sections 100(1) and 101, presented before the High Court and within prescribed period—Requirement of presentation “by” the petitioner is substantive and not a mere procedural formality—Non-compliance attracts mandatory dismissal under Section 86(1). . [Paras 5–9]B. Representation of the People Act, 1951—Sections 81(1) and 86(1)—High Court Rules—Rule regulating mode of presentation of election petition—Validity—High Court competent to frame rules regulating administrative and ministerial aspects of receipt and...
A. Income-tax Act, 1961—Income—Subsidy—Capital or revenue receipt—Electricity subsidy granted under Government scheme—Nature of subsidy to be determined by applying “purpose test”, i.e. by examining the object and operative mechanism of the scheme as a whole—Form, source and point of time of payment are not decisive—Where subsidy is intended to assist running of an already established business more profitably, it is revenue receipt, whereas assistance intended for setting up a new unit or substantial expansion is capital receipt. [Paras 9–14].B. Income-tax Act, 1961—Income—Subsidy—Electricity subsidy—Government scheme providing subsidy at specified percentage of actual electricity charges for five years from commencement of production—Subsidy quantified with reference to power consumed in manufacturing proces...
A. Entitlement Rules for Casualty Pensionary Awards, 1982—Rule 14—Disability pension—Schizophrenia—Disease not noted at the time of enrolment—Mere non-recording of mental disorder at the time of enrolment does not mechanically give rise to a presumption that the disease was attributable to or aggravated by military service—Mental disorders may ordinarily escape detection at the time of enrolment, particularly where intervals of normality exist—Each case must be examined with reference to the nature of duties, conditions of service and circumstances of posting. [Paras 15–20]B. Entitlement Rules for Casualty Pensionary Awards, 1982—Rules 5, 9 and 14—Disability pension—Presumption of sound health—Burden of proof—The general principle that a member is presumed to be in sound physical and mental condition at the time ...
A. Pension—Disability pension—Schizophrenia—Non-recording of disease at enrolment—Mere absence of any note of mental disorder at the time of enrolment does not mechanically give rise to a presumption that schizophrenia was attributable to or aggravated by military service—Mental disorders may remain undetected at the time of enrolment, particularly where the individual behaves normally and the disease has intervals of normality—Entitlement to disability pension depends upon establishing that military service caused or adversely affected the course of the disease. [Paras 15–20]B. Pension—Disability pension—Entitlement Rules for Casualty Pensionary Awards, 1982—Rule 14, as amended in 1996—Disease—Attributability/aggravation—For acceptance of disease as attributable to military service, disease must have arisen duri...
A. Code of Criminal Procedure, 1973—Section 389—Suspension of sentence—Bail pending criminal appeal—Appellant convicted under Section 302 read with Section 149 IPC and Section 27 Arms Act and sentenced to life imprisonment—Criminal appeal against conviction pending before High Court—Appellant being a senior citizen aged about 68 years—Supreme Court, following its earlier order granting bail to similarly placed co-appellants, directed release of appellant on bail subject to conditions imposed by Trial Court and his appearance before High Court as directed—Appeal allowed. [Paras 1–8]B. Indian Penal Code, 1860—Sections 302, 149—Arms Act, 1959—Section 27—Conviction—Suspension of sentence—Conviction and sentence for murder with unlawful assembly liability and offence under Arms Act—Conviction appeal pending befo...
A. Indian Penal Code, 1860—Sections 302, 376(2)(i), 201—Protection of Children from Sexual Offences Act, 2012—Sections 4, 6—Circumstantial evidence—Appreciation of evidence—Rape, murder and causing disappearance of evidence of minor victim—Prosecution case based on last seen theory, recovery under Section 27 of Evidence Act, DNA report, FSL report, brown shawl and statement under Section 313 CrPC—Evidence of witnesses creating serious doubt regarding appellant being last seen with victim—No witness having seen appellant taking victim away—Recovery from a place frequented by public and ordinarily visible to others—DNA report showing recovered bones to be of human male origin whereas victim was female—FSL report inconclusive and not connecting seized articles with victim or crime—Brown shawl neither identified nor ...
A. Code of Criminal Procedure, 1973—Section 482—Quashing of criminal proceedings—Matrimonial dispute—Power to be exercised to prevent abuse of process and secure ends of justice—Where allegations, even if taken at face value, do not disclose a prima facie offence, or are vague, omnibus and unsupported by credible material, continuation of proceedings against relatives of husband would amount to abuse of process—Bhajan Lal principles reiterated. [Paras 15–17, 26–30]B. Indian Penal Code, 1860—Section 498A—Cruelty—In-laws—Mere general allegations of harassment or dowry demand insufficient—Complaint and investigation must disclose specific overt acts and material showing wilful conduct causing grave injury or danger to life, limb or mental or physical health, or harassment to coerce fulfilment of unlawful demand—In...
A. Madhya Pradesh Commercial Tax Act, 1994—Section 9—Schedule II, Entry 20(ii)—Classification of goods—Taxable event—Nature/form of goods at time of sale—GRD Powder and GRD Mix sold in powder/biscuit form, though capable of being mixed with milk or water to prepare a drink, cannot be classified as “Non-Alcoholic Drinks and Beverages”—Tax liability is determined with reference to the form in which the goods are supplied at the taxable event and not by the subsequent use or end product prepared by the consumer—End use cannot alter the identity or classification of the goods at the point of sale. [Paras 15–21, 29]B. Madhya Pradesh Commercial Tax Act, 1994—Schedule II, Entry 20(ii)—“Non-Alcoholic Drinks and Beverages”—Interpretation—Expression “beverages” occurring with “syrups, cordials, distilled juic...
A. Prevention of Corruption Act, 1988—Sections 7 and 13(1)(d)(i), (ii)—Illegal gratification—Demand and acceptance—Proof of demand of illegal gratification is the sine qua non for constituting an offence under Sections 7 and 13—Prosecution must prove demand and subsequent acceptance as facts in issue beyond reasonable doubt—Mere recovery or possession of tainted currency, in the absence of proof of demand, is insufficient to sustain conviction—Where none of the witnesses saw accused demanding bribe or complainant handing over the bribe and acceptance was not otherwise established, conviction cannot be sustained. [Paras 18–24]B. Prevention of Corruption Act, 1988—Sections 7 and 13(1)(d)(i), (ii)—Trap proceedings—Recovery of tainted money—Mere recovery from residence of accused does not establish demand or acceptance...
A. Prevention of Corruption Act, 1988—Ss. 7, 13(2)—Demand and acceptance of illegal gratification—Sine qua non—Mere recovery insufficient: Proof of demand and acceptance of illegal gratification is the foundational and essential requirement for conviction under Ss. 7 and 13(2). Where the complainant/informant did not support the prosecution case and specifically denied the demand, complaint and payment of bribe, and the independent witness also failed to prove payment in his presence, mere recovery of tainted currency notes from the accused or his house cannot sustain conviction in the absence of proof of demand. (Paras 12-18, 21-22)B. Prevention of Corruption Act, 1988—S. 20—Statutory presumption—Precondition—Proof of demand: The presumption under S. 20 that gratification was accepted as a motive or reward for doing or fo...
A. Civil Procedure Code, 1908—Order 21 Rules 54, 58, 92—Execution of arbitral award—Objections by transferee—Judgment debtor's undivided share in residential property transferred after service of execution notice but before formal attachment—Property already specifically identified in execution petition for attachment and sale—Transfer, though not void under Section 64 CPC merely because made before formal attachment, remained subject to rights enforceable in pending execution by virtue of Section 52, Transfer of Property Act, 1882—Post-award transferee pendente lite could not seek release of property from execution or resist auction sale under Order XXI Rule 58—Executing Court rightly dismissed objections and confirmed sale. [Paras 16–21, 39–40, 43]B. Civil Procedure Code, 1908—Order XXI Rule 58(4)—Objections to a...
A. Customs Act, 1962—Sections 18, 111(d), 111(m), 112(b)(i), 114AA, 128(1)—Constitution of India, 1950—Articles 226, 227—Provisional assessment—Delay in finalisation—Release of bank guarantees—Maintainability of writ petition—Nine Bills of Entry allegedly remained provisionally assessed for more than nine years—However, one Order-in-Original had already been passed before institution of writ petition and two further Orders-in-Original were passed during pendency thereof—Once adjudication had culminated, controversy could no longer be examined merely as one of prolonged pendency of provisional assessment—Validity of confiscation, penalties and consequential relief relating to bank guarantees required examination by statutory appellate authority—Writ petition therefore not maintainable in present form, with liberty t...
A. Narcotic Drugs and Psychotropic Substances Act, 1985—Ss. 8, 21 and 37—Bail—Commercial quantity—Codeine cough syrup: Recovery of 14 factory-sealed bottles of ‘Codectus-TR’ cough syrup containing codeine—Total weight of syrup being 238 g and each bottle containing 100 ml—Held, quantity of codeine was liable to be determined by taking into consideration the neutral substance along with the active substance—Thus, recovery fell within commercial quantity and rigours of S. 37 were attracted. [Paras 13-15] B. Narcotic Drugs and Psychotropic Substances Act, 1985—Ss. 37—Bail—Twin conditions: In an offence involving commercial quantity, bail cannot be granted unless Public Prosecutor is given opportunity to oppose and Court is satisfied that there are reasonable grounds f...
A. Narcotic Drugs and Psychotropic Substances Act, 1985—Ss. 8, 21, 35 and 54—Possession of heroin—Bail—Conscious possession—Pillion rider—Recovery of 33.01 g heroin from motorcycle—Prima facie presumption: Petitioner/pillion rider was travelling with her husband on motorcycle from which a carry bag containing 33.01 g heroin was recovered in presence of independent witnesses—In view of Madan Lal v. State of H.P., (2003) 7 SCC 465, once possession is established, burden shifts upon accused to establish absence of conscious possession, particularly having regard to presumptions under Ss. 35 and 54—Petitioner therefore prima facie liable to be treated as being in conscious possession—However, such finding at bail stage not to prejudice trial. [Paras 11-12, 22] B. Narcotic Drugs an...
A. Code of Criminal Procedure, 1973—Section 164—Confession—Admissibility—Confessional statement of accused recorded by Magistrate held inadmissible where policewoman/head constable remained present during recording and also signed the confession—Presence of police personnel created possibility of police pressure or influence and voluntariness of confession could not be accepted—Conviction based solely on such confession therefore unsustainable. [Paras 15–19, 22–23] B. Code of Criminal Procedure, 1973—Section 235(2)—Sentencing—Admission of guilt during hearing on sentence—Evidentiary value—Admission made by accused during sentence hearing cannot be treated as additional evidence for recording conviction—Section 235(2) operates only after Court has alread...
A. Constitution of India—Article 21—Preventive detention—Subjective satisfaction—Detention order must reflect application of mind to relevant and proximate material and the likelihood of the detenu indulging in prejudicial activities in future—Mere mechanical reference to several criminal cases, without recording specific satisfaction that release on bail would enable the detenu to continue activities prejudicial to public order, vitiates the detention order—Detention affecting fundamental right to personal liberty cannot be sustained in absence of proper subjective satisfaction. [Paras 35, 38–43]B. Preventive Detention Act—Sections 2(g), 3(1), 3(2)—Goonda—Territorial jurisdiction—Crime committed outside territorial jurisdiction of detaining authority—Such offence cannot mechanically be relied upon for recording su...
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 528—Remand—Challenge to legality of detention—Fresh arrest of accused already in custody in another case—An accused already under judicial custody in an earlier case can subsequently be formally arrested in respect of another case and such second arrest constitutes a fresh arrest and cannot be treated as mere continuation of earlier custody—Consequential remand is therefore subject to statutory and constitutional safeguards applicable to a fresh arrest. [Paras 10–17]B. Constitution of India—Article 22(1)—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 48(2)—Arrest—Grounds of arrest—Accused already in custody in another case—Second/formal arrest amounts to fresh arrest—Consequently, constitutional requirement of informing arrested person of grounds of arrest...
A. Constitution of India—Articles 14 and 16—Special Teacher Eligibility Test—Exclusion of Shiksha Mitras—Constitutional validity—Special TET intended as transitional mechanism for pre-existing in-service teachers required to acquire TET qualification pursuant to subsequent statutory requirement and binding directions of Supreme Court—Shiksha Mitras engaged under separate contractual and administrative arrangement and not appointed against regular substantive posts of Assistant Teachers—They could not be treated as similarly situated merely because they also performed teaching functions—Classification between pre-existing in-service teachers and Shiksha Mitras founded on intelligible differentia having direct nexus with object sought to be achieved—Exclusion of Shiksha Mitras from Special TET not violative of Articles 14 ...
A. Uttar Pradesh Urban Planning and Development Act, 1973—Section 27—Unauthorised construction—Sealing notice—Application of mind—Proceedings under Section 27 initiated in respect of disputed property but Development Authority repeatedly considered facts relating to a different property owned by petitioner’s son—Independent inspection reports and Chief Town Planner’s reports supporting petitioner were not properly considered—Proceedings found to suffer from non-application of mind and mala fide influence of complainant—Authority directed to reconsider matter independently and pass reasoned and speaking order after affording full opportunity of hearing. [Paras 13–21, 26–31]B. Land Acquisition Act, 1894—Sections 4, 6 and 48—Acquisition proceedings—Release of land—Finality of litigation—6,000 sq. ft. portion...