A. Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002—Section 5—Assignment of financial assets—Recovery of debt—HELD—A bank may assign its financial assets to an asset reconstruction company, and the assignment transfers the debt and underlying securities to the assignee—However, the validity of the impugned assignment and compliance with Section 5 were expressly left open in the peculiar facts of the present case. (Paras 24-25, 40)B. Reserve Bank of India Act, 1934—RBI Master Circular dated 01-07-2015—COVID-19 moratorium circulars dated 27-03-2020, 17-04-2020 and 23-05-2020—Classification of account as Non-Performing Asset—HELD—The borrower challenged retrospective classification of its loan account as NPA with effect from 16-10-2020, contending that the moratorium a...
A. Textiles Committee Act, 1963—Sections 2(g), 2(da), 2(db) and 5A—Textile cess—Exemption of handloom and powerloom textiles—HELD—Section 5A imposes cess on textiles manufactured in India but expressly exempts textiles manufactured by the handloom or powerloom industry—The definitions of “textiles”, “powerloom” and “powerloom industry” must be considered in the context of the Act. (Paras 5.1-5.3, 6.4)B. Textiles Committee Act, 1963—Section 5A—Meaning of “manufacture”—Importing definition from another statute—HELD—Where “manufacture” is not defined in the Act, its meaning cannot be borrowed from Section 2(f) of the Central Excise Act, 1944, in the absence of legislative reference or incorporation—A definition in another statute cannot be bodily imported unless the statutes are in pari materia or ...
A. Code of Civil Procedure, 1908—Order XXI, Rules 97 to 101—Execution proceedings—Resistance by third party claiming independent title—HELD—An application under Order XXI, Rules 97 to 101 is adjudicated like a regular suit, and the executing court must determine the applicant’s right, title and interest—A separate suit for declaration setting aside the decree is barred by Rule 101. (Paras 7, 12)B. Code of Civil Procedure, 1908—Order XXI, Rules 97 to 101—Execution of decree—Legal representatives of objector—HELD—A person claiming independent ownership and possession, who was not impleaded in the original suit, may resist dispossession during execution—Knowledge of the decree cannot be imputed to such person merely because the original suit had proceeded without impleading him. (Paras 11-12)C. Indian Evidence Act, ...
A. Indian Penal Code, 1860—Sections 364, 302 and 201—Circumstantial evidence—Murder and kidnapping—HELD—The prosecution failed to establish the alleged ransom demand, extra-judicial confession, last-seen circumstance and electronic evidence—The accused was acquitted after six years of undertrial custody. (Paras 10-12)B. Indian Evidence Act, 1872—Sections 27 and 65-B—Recovery and electronic evidence—Admissibility and proof—HELD—The CCTV footage and call detail records were unsupported by the mandatory certificate under Section 65-B—Recoveries were not proved to have been made pursuant to any disclosure statement under Section 27, and the recovered bones were not scientifically linked to the deceased. (Paras 8, 12-13)C. Criminal investigation—Circumstantial evidence—Medical and forensic evidence—Defective inves...
A. Wakf Act, 1954—Sections 4, 5(2) and 6—Telangana Abolition of Inams Act, 1955—Code of Civil Procedure, 1908—Permanent injunction—Wakf property—HELD—The survey report and Gazette notification established the suit land as wakf property—The defendants’ vendors had no right to alienate the land entrusted for maintenance of the Mosque, Dargah and Graveyard—The High Court’s judgment was set aside and the trial court’s injunction restored. (Paras 8-11)B. Code of Civil Procedure, 1908—Specific Relief Act, 1963—Sections 34 and 38—Suit for injunction simpliciter—Title and possession—HELD—An injunction simpliciter is maintainable where lawful possession is threatened, but where title is clouded or the plaintiff is out of possession, declaratory or possessory relief may be necessary—On the facts, wakf title was...
A. Right to Information Act, 2005—Sections 2(f) and 2(h)—Information relating to private body—Statutory access—HELD—Information accessible to a public authority under any other law falls within Section 2(f), even if not physically held by it—A co-operative society need not itself be a public authority for such information to be disclosed under the RTI Act. (Paras 10-12)B. Right to Information Act, 2005—Sections 3 and 8(1)(d), (j)—Disclosure of information—Commercial confidence and personal information—HELD—A construction agreement and minutes of the General Body Meeting sought by a member of the co-operative bank were not exempt as commercial confidence or personal information—A member could not be denied access merely because the documents related to the society’s affairs. (Paras 7-10)C. Kerala Co-operative Soci...
A. Insolvency and Bankruptcy Code, 2016—Sections 12-A, 30(4) and 31(1)—Resolution Plan—Withdrawal after approval by Committee of Creditors—Binding nature—HELD—Once the Committee of Creditors (CoC) approves a Resolution Plan and the same is placed before the Adjudicating Authority for approval, neither the CoC nor the Successful Resolution Applicant (SRA) can withdraw from or resile from the approved plan in the absence of statutory authority permitting such withdrawal—The binding nature of the plan flows from the IBC framework and is not merely contractual—Improvement in the financial position of the Corporate Debtor or delay in implementation does not, by itself, confer a right to withdraw. (Paras 9-14, 17)B. Insolvency and Bankruptcy Code, 2016—Section 12-A—Insolvency resolution process—Withdrawal of CIRP—Stage a...
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. Motor Vehicles Act, 1988—Section 164A—Scheme for Interim Relief—Implementation—HELD—The Central Government framed the “Compensation to Victims (Interim Relief) Scheme, 2026” pursuant to the Court’s direction, prescribing the procedure for interim compensation, insurer’s decision and payment, and adjustment or recovery of amounts paid. Union directed to clarify whether the Scheme covers accidents involving uninsured vehicles, publish it in the Official Gazette and give it wide publicity. (Paras 4-10)B. Motor Vehicles Act, 1988—Sections 164A, 166, 168 and 173—Motor accident compensation—Effective implementation—HELD—The Union was directed to explain how the interim relief Scheme would be operationalised and consider suggestions for district-wise data on pending claims, appeals, recovery proceedings and unsatis...
A. Code of Criminal Procedure, 1973—Sections 397 and 401—Criminal revision against acquittal—Scope of revisional jurisdiction—HELD—Revisional jurisdiction is supervisory and corrective and cannot be exercised as an appellate jurisdiction to reappreciate evidence or substitute the revisional court’s own view for concurrent findings of fact—Interference is warranted only in exceptional cases involving patent illegality, material irregularity, perversity or manifest miscarriage of justice. (Paras 10-18, 24-25)B. Indian Penal Code, 1860—Sections 498-A, 323, 504 and 506—Dowry Prohibition Act, 1961—Sections 3 and 4—Acquittal—Concurrent findings of fact—HELD—Where the trial court and appellate court, upon consideration of the evidence, found the prosecution case not proved beyond reasonable doubt, their concurrent fin...
A. Arbitration and Conciliation Act, 1996—Sections 34 and 37—Arbitral award—Scope of judicial interference—Findings of fact—HELD—An arbitral tribunal’s findings based on evidence and within the terms of the contract cannot be reappreciated merely because another view is possible—Interference under Sections 34 and 37 is unwarranted unless the award attracts a recognised ground for setting it aside. (Paras 55-56)B. Arbitration and Conciliation Act, 1996—Contract for road construction—Completion certificate—Proof of completion—HELD—Non-issuance of a completion certificate by the employer does not, by itself, establish that the contractual work remained incomplete, particularly where no notice of defects or deficient workmanship was issued and the inspection reports did not establish non-completion—The arbitral tri...
A. Constitution of India, 1950—Article 21—Medical Termination of Pregnancy Act, 1971—Section 3(2)—Termination of pregnancy beyond 24 weeks—Minor rape survivor—Reproductive autonomy—HELD—The statutory gestational limit does not preclude constitutional courts from permitting termination in appropriate cases—The minor’s dignity, bodily integrity, reproductive autonomy and welfare must be accorded paramount importance, and she cannot be compelled to continue an unwanted pregnancy against her will. (Paras 10-12, 16)B. Medical Termination of Pregnancy Act, 1971—Pregnancy beyond 24 weeks—Minor victim of rape—Medical Board report—HELD—The petitioner, aged about 17 years and carrying an unwanted pregnancy exceeding 29 weeks arising from rape, was found medically and psychologically fit for termination by the Medical B...
A. Code of Civil Procedure, 1908—Section 100—Second appeal—Concurrent findings of fact—HELD—In a suit for declaration of title, recovery of possession and perpetual injunction, interference with concurrent findings of the courts below is unwarranted unless the findings are perverse, based on material misreading of evidence, or give rise to a substantial question of law. Where the plaintiffs failed to establish that the disputed portions fell within the boundaries of the property conveyed under their title deed, dismissal of the suit did not warrant interference in second appeal. (Paras 20-21)B. Limitation Act, 1963—Article 65—Recovery of possession based on title—Adverse possession—HELD—In a suit for possession of immovable property based on title, the limitation period of twelve years runs from the date on which the d...
A. Protection of Children from Sexual Offences Act, 2012—Sections 2(d), 4 and 7—Indian Penal Code, 1860—Sections 354 and 366-A—Proof of age of victim—Scope of appeal by accused—HELD—Where the Special Court, for want of proof of the victim’s status as a child, convicted the accused only under Section 354 IPC, the prosecution could not seek conviction under the POCSO Act in the appeal filed by the accused without filing an independent appeal against the finding of the Special Court. The conviction under Section 354 IPC was justified on the victim’s testimony establishing assault or use of criminal force with intent to outrage her modesty. (Paras 5, 7, 12-13)B. Indian Penal Code, 1860—Section 354—Outraging modesty of woman—Appreciation of evidence—HELD—The testimony of the victim describing the accused’s conduct...
A. Arbitration and Conciliation Act, 1996—Sections 19, 34 and 37—Scope of appellate interference—HELD—The jurisdiction of the appellate court under Section 37 is narrower than that under Section 34. The appellate court cannot reappreciate evidence, substitute its interpretation of contractual clauses, or interfere merely because an alternative view is possible. Interference is warranted only where the award or the decision under challenge falls within the limited statutory grounds, including patent illegality or an error affecting jurisdiction. (Paras 8-9, 43-45)B. Arbitration and Conciliation Act, 1996—Section 19—Code of Civil Procedure, 1908—Order XXX Rule 4 and Section 99—Death of partner after signing statement of claim but before its filing—Effect—HELD—Where a claim is instituted by a partnership firm and the pa...
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Bail—Criminal appeal—Challenge to rejection of bail—HELD—Where the appellants, accused of offences under Sections 191(2), 296(b), 115(2), 351(2), 192 and 196 of the Bharatiya Nyaya Sanhita, 2023, read with Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, had surrendered before the Trial Court and their bail application was rejected, the High Court, considering the nature of allegations and the period of incarceration undergone, found them entitled to bail. (Paras 1-7)B. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989—Sections 3(1)(r), 3(1)(s) and 3(2)(va)—Bharatiya Nyaya Sanhita, 2023—Sections 191(2), 296(b), 115(2), 351(2), 192 and 196—Bail—Allegations of caste-based i...
A. Constitution of India—Articles 21 and 22(2)—Bharatiya Nagarik Suraksha Sanhita, 2023—Sections 57, 58 and 187—Arrest and detention—Production before Magistrate—HELD—An arrested person must be produced before the nearest Magistrate without unnecessary delay and, in any case, within twenty-four hours of arrest, excluding journey time—The twenty-four-hour period prescribes the outer limit of detention without Magistrate’s authority and does not confer a general right upon the investigating agency to defer production until that period is about to expire—Executive guidelines cannot dilute constitutional safeguards or impede prompt judicial scrutiny. (Paras 14-23, 31-35)B. Constitution of India—Articles 21 and 22(1)—Bharatiya Nagarik Suraksha Sanhita, 2023—Sections 36, 38, 47, 48, 57, 58 and 187—Arrest—Personal l...
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory bail—Custodial interrogation—Specific overt acts and use of weapons—HELD—Where specific overt acts involving the use of weapons are attributed to the accused and the complainant has sustained injuries, custodial interrogation may be necessary and anticipatory bail may be declined—Applicants Nos.1 to 3, against whom specific allegations of assault using an iron bar were made, were not granted pre-arrest bail. (Paras 5-7)B. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory bail—Absence of serious overt act—HELD—Where no serious overt act or use of a weapon is attributed to an accused and custodial interrogation is not considered necessary, anticipatory bail may be granted subject to appropriate conditions—Applicant No.4 was held en...