(1) SUPREME COURT
Suspension of sentence
A. Criminal Procedure Code, 1973—Section 389—Suspension of sentence pending appeal—Conviction under Sections 376(3), 363 IPC and Sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012—Sentence of twenty years’ rigorous imprisonment—Appellant in custody for about three years and six months and criminal appeal pending before High Court since 2023—Held, considering period of incarceration and likely delay in disposal of appeal, case made out for suspension of sentence—High Court order refusing suspension set aside and appellant directed to be released on bail subject to conditions. B. Criminal Procedure Code, 1973—Suspension of sentence—Conditions—Safeguards—Held, appellant directed to cooperate with hearing of appeal before High Court, appear a...
(2) SUPREME COURT
A. Criminal Procedure Code, 1973—Bail—Parity—Grant of bail to co-accused—Effect—Appellant doctor implicated in offences under IPC, Prevention of Corruption Act and Motor Vehicles Act—Co-accused granted bail by Supreme Court in connected matters—Appellant in custody for about twenty-one months—Held, on principle of parity appellant entitled to similar relief—High Court order rejecting bail set aside and bail granted subject to conditions ensuring presence in trial. B. Criminal Procedure Code, 1973—Grant of bail—Conditions—Safeguards—Held, accused directed to cooperate with trial, not misuse liberty and not contact or influence witnesses directly or indirectly—Violation of conditions to entail cancellation of bail. ...
(3) SUPREME COURT
A. Criminal Procedure Code, 1973—Bail—Grant of regular bail—Trial at advanced stage—All prosecution witnesses examined and only statement of accused under Section 313 CrPC and defence evidence remaining—Co-accused already granted bail—Held, continued incarceration of accused not justified—Supreme Court interfered with High Court order refusing bail and directed release of petitioner on bail subject to conditions imposed by Trial Court. [Paras 4, 8–9] B. Criminal Procedure Code, 1973—Expeditious trial—Direction by Supreme Court—Recording of statement under Section 313 CrPC and defence evidence—Held, accused directed to cooperate with trial and appear on dates fixed by Trial Court—Trial Court directed to conclude trial within two months—Misuse of lib...
(4) SUPREME COURT
Suspension of sentence
A. Criminal Procedure Code, 1973—Section 389—Suspension of sentence pending appeal—Conviction under Sections 304, 323, 452, 504 and 506 read with Section 34 IPC—Sentence of seven years’ rigorous imprisonment—Appellant already undergone about two and a half years of incarceration—Appeal pending since 2024 and likely to take time for final disposal—Held, case made out for suspension of sentence—High Court order refusing suspension set aside and appellant directed to be released on bail subject to conditions. [Paras 6–8] B. Criminal Procedure Code, 1973—Suspension of sentence—Principle of parity—Co-accused granted similar relief—Effect—Held, where other co-accused have been granted suspension of sentence and bail, similarly placed appellant may ...
(5) SUPREME COURT
Bail granted
A. Criminal Procedure Code, 1973—Bail—Principle of parity—Co-accused granted bail—Entitlement of similarly placed accused—Held, where co-accused has already been granted bail, similarly placed accused is entitled to benefit of parity unless distinguishing circumstances exist—High Court erred in refusing bail despite grant of bail to co-accused—Bail granted. [Paras 6–8] B. Bail—Economic/white-collar offence—Stage of proceedings—Charge-sheet filed and charges framed—Accused in custody since long—Held, once investigation is complete and trial has commenced, continued incarceration may not be justified—Bail granted subject to conditions ensuring presence of accused and fair trial. [Paras 6–8] C. Criminal Procedure Code, 1973—Grant o...
(6) SUPREME COURT
Interim maintenance
A. Constitution of India, 1950—Article 142 / Maintenance—Non-payment of maintenance by husband—Intervention by Supreme Court—Husband earning ₹50,000 per month refusing to pay maintenance to wife and minor daughter—Arrears of interim maintenance pending—Held, welfare of minor child and sustenance of wife paramount—Court directed employer of husband to deduct ₹25,000 per month from his salary and transfer the same directly to wife’s bank account—Direction issued to secure compliance and ensure maintenance. [Paras 3–8] B. Maintenance—Interim maintenance—Non-compliance of court orders—Husband failing to deposit even travel expenses and arrears of maintenance—Effect—Held, refusal to comply with maintenance obligations and court directions just...
(7) SUPREME COURT
Anticipatory bail
A. Criminal Procedure Code, 1973—Section 438—Anticipatory bail—Economic offences—Allegation of cheating in property transaction—Accused allegedly executed agreement to sell and received advance of ₹1.96 crores despite property already being sold and entered into similar transactions with other parties—High Court granted anticipatory bail by examining genuineness of agreement and alleged refund of money—Held, such disputed factual issues cannot be adjudicated at stage of anticipatory bail—Economic offence involving substantial amount requires cautious approach—Grant of pre-arrest bail by High Court set aside. [Paras 4–7] B. Criminal Procedure Code, 1973—Section 438—Scope of consideration at anticipatory bail stage—Evaluation of evidence—Impropriet...
(8) SUPREME COURT
Investigation
A. Criminal Procedure Code, 1973—Section 401(2)—Revisional jurisdiction—Order directing registration of FIR—Opportunity of hearing—Necessity—Held, revisional court cannot pass an order prejudicial to the accused without giving him an opportunity of being heard—Order directing registration of FIR passed without impleading or issuing notice to accused violates mandatory requirement of Section 401(2) CrPC—Such order liable to be set aside. [Paras 4–6] B. Criminal Procedure Code, 1973—Investigation—Direction by High Court to file charge-sheet—Legality—Held, direction to file charge-sheet even before registration of FIR is impermissible—Such direction interferes with statutory discretion of investigating officer—Investigating officer must independ...
(9) SUPREME COURT
Amendment in plaint
A. Civil Procedure Code, 1908—Order 1 Rule 10 and Order 23 Rule 1-A—Transposition of parties—Defendant transposed as plaintiff—Status and rights—Held, once a defendant is transposed as a plaintiff by order of the court, he acquires the status of a plaintiff and is entitled to exercise all procedural rights available to a plaintiff—Such party cannot be precluded from seeking amendment of the plaint in absence of any legal impediment—Orders of Trial Court and High Court refusing amendment set aside. [Paras 5–7] B. Civil Procedure Code, 1908—Order 7 Rule 17—Amendment of plaint—Application by transposed plaintiff—Maintainability—Held, where defendant is transposed as plaintiff after death of original plaintiff, he is entitled to move application for amendmen...
(10) SUPREME COURT
Electricity Law
A. Electricity Act, 2003—Power Purchase Agreement (PPA)—Change in Law—Cancellation of coal block pursuant to judicial interpretation of mining laws—Held, cancellation of captive coal block following decision in Manohar Lal Sharma v. Principal Secy., and subsequent enactment of the Coal Mines (Special Provisions) Act, 2015 constituted “Change in Law” under Article 10 of the PPA—Such event materially affected seller’s right to procure coal from captive source and increased input cost—Generator entitled to compensation from date of judgment cancelling coal blocks along with carrying cost till actual payment. [Paras 24, 26] B. Contract—Interpretation of written agreement—Admissibility of surrounding circumstances—Held, though terms of a written contract must ordin...
(1) GAUHATI
A. RFCTLARR Act, 2013—Sections 64 & 77—Protest Against Compensation—If the award becomes effective on a specific date, any correspondence or action prior to that date is irrelevant for determining acceptance or protest—A valid protest must be contemporaneous with or precede the receipt of compensation for a reference to be maintainable. (Paras 43, 55) B. RFCTLARR Act, 2013—Section 77(2)—Second Proviso—Prohibition on Reference Application—A person who receives compensation without protest is barred from filing an application for reference under Section 64. (Para 41) C. Land Acquisition Act, 1894—Sections 18 & 31 / RFCTLARR Act, 2013—Sections 64 & 77—Interpretation of Protest—Supreme Court judgments on Sections 18 and 31 of the 1894 Act are applicable ...
(2) CHHATTISGARH
Condonation of delay
A. Arbitration and Conciliation Act, 1996—Sections 31(5) & 34(3)—Limitation for Setting Aside Award—Compliance with Section 31(5) is essential to trigger the limitation period under Section 34(3)—If a signed copy of the arbitral award is not delivered to the party itself, the limitation period for filing an application to set aside the award does not commence—The three-month period under Section 34(3) begins from the date the party actually receives the signed copy, not from the date the award was passed. (Paras 7, 8, 10, 11, 12, 14) B. Arbitration and Conciliation Act, 1996—Sections 34(3) & 5 of Limitation Act—Condonation of Delay—When proper service of the award under Section 31(5) is absent, rejection of a Section 34 application solely on limitation grounds, without considering...
(3) JAMMU & KASHMIR
A. Civil Services Regulations (J&K)—Schedule XIX & Rule 14(b) of Leave Rules—Foreign Assignment—Government employee must obtain prior permission before engaging in foreign employment; applying for or attending an interview without formal permission constitutes misconduct. B. Conduct Rules (J&K), 1971—Rule 10(1)—Prohibits engagement in any other employment without prior sanction; mandatory language makes violation liable for disciplinary action. C. Administrative Law—Judicial Review—Tribunal’s Role—Tribunal cannot substitute its judgment for employer’s administrative or policy decision; interference is limited to cases of illegality, arbitrariness, mala fide conduct, or violation of statutory rules or principles of natural justice. D. Administrative Law—...
(4) JAMMU & KASHMIR
Compassionate appointment
A. Compassionate Appointment—Exception to General Rule—Not a Matter of Right—Appointments under SRO 43 are exceptions to general public service appointments based on merit and equality under Articles 14 and 16 of the Constitution—They aim to assist families facing financial hardship due to the death of a government employee and cannot be claimed as a guaranteed right or a route to a higher post. (Paras 9, 10, 12, 14) B. Eligibility and Norms—Compassionate appointments must adhere to State policy and eligibility criteria—Norms prevailing at the time of application consideration are applicable. (Para 9) C. Discretionary Power for Higher Posts—Under Rule 3(2) of SRO 43 of 1994, the Government may, at its discretion, appoint a family member to a higher non-gazetted post if eligible and qualified...
(5) ORISSA
Motor Accident Claims
A. Motor Vehicles Act, 1988—Section 166, 173(1)—Motor Accident Claims—Appeals—Both insurer and claimant challenged quantum of compensation awarded by Motor Accident Claims Tribunal (Rs.1,12,71,231/-); insurer disputed disability assessment, claimant challenged income determination. (Para 1, 2) B. Assessment of Disability—Disability Certificate—Insurer challenged disability evaluation relying on Raj Kumar v. Ajay Kumar but did not dispute genuineness of Medical Board certificate (Ext.9); certificate held genuine in absence of contrary evidence. (Para 5) C. Principles of Disability and Earning Capacity—Tribunal must determine if disablement is total/partial, effect on whole body functioning and earning capacity; assess what claimant can/cannot do, pre-accident avocation, and functional versus ...
(6) UTTARAKHAND
Bail Application
A. Criminal Procedure Code, 1973 (CrPC)—Section 309—Speedy Trial—Mandates day-to-day proceedings once witness examination begins; adjournments require special reasons to ensure timely conclusion of trial. (Para 16) B. Protection of Children from Sexual Offences Act, 2012 (POCSO Act) & SC/ST Act, 1989—Gravity of offences—Allegations under these Acts are serious and must be carefully weighed during bail proceedings. (Para 13, 14) C. Bail Application—Consideration—At bail stage, court need not probe contradictions or assess strength of evidence; it suffices to see if a prima facie case exists based on investigation material. (Para 13) D. Bail Application—Rejection—Serious charges under POCSO/SC-ST Act, supportive victim statements, risk of witness influence, and advanced tria...
(7) JHARKHAND
Bail
A. Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—Unlawful Activities (Prevention) Act, 1967 (UAPA)—Section 43D(5)—Grant of bail—Delay in trial—Prolonged incarceration and lack of progress in trial constitute valid grounds for granting bail, even under stringent statutes like UAPA. B. CrPC—Section 439—Bail—Constitutional Safeguards—Extended detention may render continued incarceration unconstitutional, potentially overriding statutory restrictions under Section 43D(5) if the trial is unlikely to conclude within a reasonable time. C. UAPA—Section 43D(5)—Bail—Consideration of Delay—Delay in trial must be assessed in totality, considering nature of allegations, statutory framework, and causes of delay, not merely passage of time. D. CrPC...
(8) MEGHALAYA
Bail
A. Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—Accused charged under Section 142 BNS, 2023 read with Section 3(a)/4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) for alleged sexual relationship with a minor—Survivor’s statement under Section 180 BNSS admits love relationship and consensual sexual act—High Court recognizes seriousness of POCSO offences but, in exceptional circumstances involving consensual adolescent relationships, grants bail—Accused directed to be released on bail subject to conditions. (Para 2, 3, 4, 5, 6, 9) B. Protection of Children from Sexual Offences Act, 2012 (POCSO Act)—Bail Consideration—POCSO provisions are stringent; however, courts may grant bail in cases of consensual sexual relationships between adolescents, taking int...
(9) CALCUTTA
Writ petition
A. Central Administrative Tribunal (CAT)—Jurisdiction—High Courts can interfere with orders passed by the CAT in writ proceedings only if there is a manifest error of law or perversity in the exercise of jurisdiction—Mere dissatisfaction with findings of fact is not sufficient for interference. B. Constitution of India, 1950—Article 21 (Right to Life)—The right to health and right to medical treatment are integral to the right to life with dignity—Retired government employees are entitled to medical benefits to uphold their fundamental rights. C. Central Services (Medical Attendance) Rules, 1944 (CSMA Rules)—These rules apply to pensioners as well—Pensioners residing in non-CGHS areas are not automatically deprived of medical facilities—Medical benefits under these rules must be ...
(10) RAJASTHAN
A. Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958—Rule 16—Delay in Disciplinary Proceedings—Inordinate or unexplained delay in initiating or concluding proceedings can be a ground to quash only if it causes manifest prejudice; mere delay without prejudice is insufficient. (Paras 9, 10, 11, 23, 27, 53) B. Rule 16—Charge Sheet—Vagueness—Charge sheet must contain precise allegations; vague or generalized charges violate natural justice. If facts and nature of accusation are discernible and reply is filed, charge sheet is not necessarily vague. (Paras 14, 21, 40–42, 55) C. Drugs and Cosmetics Act, 1940—Section 33P—Binding Directions—Central Government directions to States under Section 33P are binding; State authorities cannot dilute or deviate. (Para...