(1) SUPREME COURT
Anticipatory bail, NDPS
A. Bharatiya Nagarik Suraksha Sanhita, 2023—S. 482(2)—Anticipatory bail—Scope—Held, where no requirement of custodial interrogation is demonstrated and accused undertakes to join investigation, protection against arrest can be granted—Conditions under S. 482(2) to apply—Order of High Court refusing anticipatory bail set aside. (Paras 1–5) B. Narcotic Drugs and Psychotropic Substances Act, 1985—Ss. 8(c) & 21(b)—Alleged recovery from co-accused—Implication of vehicle owner—Held, mere ownership of motorcycle from which contraband recovered from possession of another person insufficient, at stage of anticipatory bail, to justify custodial interrogation—Defence of prior sale and non-transfer in RTO records matter for trial. (Paras 2–4) C. Anticipatory bail&...
(2) SUPREME COURT
Murder
A. Indian Penal Code, 1860—Sections 302 & 34—Murder—Common intention—Conviction based on ocular testimony—Held, consistent and reliable evidence of four eye-witnesses sufficient to sustain conviction—Mere relationship of witnesses with deceased not ground to discard testimony if otherwise trustworthy—Minor inconsistencies immaterial—Concurrent findings of fact by Courts below not liable to be interfered with. (Paras 6, 10) B. Evidence Act, 1872—Appreciation of evidence—Non-recovery of weapon of offence—Effect—Held, recovery of weapon not sine qua non for conviction—Where credible ocular evidence stands corroborated by medical evidence proving homicidal death by sharp weapons, omission on part of Investigating Officer does not weaken prosecution case....
(3) SUPREME COURT
A. Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950—Sections 123 & 143—Regularisation of unauthorised occupation—Effect of declaration under S. 143—Held, declaration under S. 143 merely excludes applicability of Chapter VIII and does not bar operation of Chapter VII including S. 123—S. 123(2) contains non obstante clause and creates legal fiction deeming land settled with eligible house owners in possession as on 30.06.1985—Purchase by subsequent transferee subject to statutory rights of occupants—Proceedings under S. 123 valid. (Paras 2, 4.3–4.5, 9–10) B. Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950—Section 123(2)—Deeming provision—Socio-economic legislation—Nature of possession immaterial—Held, where members o...
(4) SUPREME COURT
A. Constitution of India—Art. 136—Scope of interference in concurrent findings—Second appeal in temple pujariki dispute—Held, Supreme Court to exercise jurisdiction sparingly, particularly where First Appellate Court and High Court have recorded concurrent findings of fact—Interference warranted only if findings are manifestly perverse—No perversity found. (Paras 16–17, 24) B. Civil Procedure Code, 1908—Pleadings and proof—Hereditary pujari/wahiwatdar rights—Failure to plead material particulars—Held, party setting up competing hereditary rights must specifically plead nature and commencement of possession, performance of puja and obstruction—Oral evidence cannot substitute absence of foundational pleadings—Case not pleaded cannot be proved. (Para 23) C. E...
(5) SUPREME COURT
Bail granted, SCST
A. Criminal Procedure Code, 1973—S. 439(2)—Bail—Reversal of order granting bail—Held, distinction exists between cancellation of bail and setting aside perverse order granting bail—Where High Court ignores material evidence or relies on extraneous considerations, superior court can interfere—Impugned order granting bail in murder case unsustainable. (Paras 20–23, 32) B. Indian Penal Code, 1860—Ss. 302, 143, 147, 148, 149—Unlawful assembly—Common object—Fixation of specific overt act at bail stage unnecessary—Each member vicariously liable under S. 149 IPC—High Court erred in insisting upon identification of weapon causing fatal injury. (Paras 26–30) C. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Ss. 3(1)(r), 3(1)(...
(6) SUPREME COURT
A. Insolvency and Bankruptcy Code, 2016—Section 7—Admission of CIRP—Financial debt and default—Scope of enquiry—Held, for admission under Section 7, Adjudicating Authority need only ascertain existence of financial debt and occurrence of default—Pre-existing dispute concept inapplicable—NCLT/NCLAT erred in refusing admission on ground of alleged restructuring—Application deserved admission. [Paras 12, 22, 23] B. Debenture Trust Deed (DTD)—Modification/Restructuring—Clauses 33 & Schedule 2—Requirement of Special Resolution—Held, modification of terms of DTD required prior written consent of debenture holders through approved instructions and execution of written amendment—No such compliance—Unilateral email exchange with one debenture holder ins...
(7) SUPREME COURT
A. Insolvency and Bankruptcy Code, 2016—Sections 7, 14 & 238—Initiation of CIRP—Overriding effect—Pending Scheme of Arrangement under Companies Act, 1956—Held, IBC proceedings cannot be stalled on ground of pending SOA which is defunct, inoperative and not in compliance with statutory timelines—Section 7 is an independent proceeding and once ingredients satisfied, CIRP must follow—Order of NCLAT keeping proceedings in abeyance set aside—CLT order restored. [Paras 2, 4, 16, 21] B. Companies Act, 1956—Sections 391–394—Scheme of Arrangement—Statutory compliance—Companies (Court) Rules, 1959—Rules 78, 79 & 81—Mandatory timelines—Held, failure to file second motion within prescribed time and failure to file sanctioned order with Regi...
(8) SUPREME COURT
Compensation
A. Motor Vehicles Act, 1988—Section 173—Compensation—Deduction of Financial Assistance under Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules, 2006—Held, amounts received/receivable under 2006 Rules towards “pay and allowances” equivalent to loss of income are liable to be deducted from compensation awarded under MVA to avoid double recovery—Other benefits such as family pension, provident fund, life insurance etc. not deductible—Main Order restored. [Paras 5, 6.1, 8] B. Motor Vehicles Act, 1988—Compensation—Deduction—National Insurance Co. Ltd. v. Birender (2020) 11 SCC 356 vis-à-vis Reliance General Insurance Co. Ltd. v. Shashi Sharma (2016) 9 SCC 627—Held, both judgments consistent—Shashi Sharma lays down su...
(9) SUPREME COURT
A. Insolvency and Bankruptcy Code, 2016—Section 60(5)—Jurisdiction of NCLT—Prohibition of Benami Property Transactions Act, 1988—Sections 24 to 27—Attachment and Confiscation—Held, NCLT/NCLAT lack jurisdiction to adjudicate upon validity of provisional attachment or confiscation orders passed under Benami Act—Benami Act is a complete and self-contained code with exclusive adjudicatory and appellate mechanism—IBC cannot be converted into a parallel forum to review sovereign statutory action—Appeals dismissed. [Paras 13, 20–22, 26] B. Insolvency and Bankruptcy Code, 2016—Sections 14, 32A and 238—Moratorium and Overriding Effect—Provisional Attachment under Benami Act—Held, moratorium under Section 14 protects corporate debtor from creditor recovery a...
(10) SUPREME COURT
Anticipatory bail, NDPS
A. Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 15(c), 27A, 29—Anticipatory Bail—Kingpin allegation—Name not in FIR—No recoveries pursuant to disclosure—No criminal antecedents—Held, mere disclosure statement of co-accused and accused, absent independent corroboration, insufficient to deny anticipatory bail—Impugned order refusing bail set aside. B. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482(2)—Conditions for Anticipatory Bail—Held, in the event of arrest, appellant to be released on bail on terms fixed by Special Court; appellant to abide by statutory conditions under Section 482(2) BNSS; observations confined to bail stage and not on merits. Result: Appeal allowed ...
(1) DELHI
A. Civil Procedure Code, 1908 (CPC)—Sections 13(c), 13(f), 44A—Enforcement of foreign judgments—The Indian courts are obligated to recognize and execute decrees passed by courts in reciprocating territories, such as the United Kingdom, even if practical difficulties exist in enforcement—Recognition of foreign rights is emphasized over procedural inconvenience—In Alcon Electronics Private Limited v. Celem S.A. of FOS 34320 Roujan, Frane and Another (2012) 2 SCC 253, it was held that foreign judgments must be enforced unless expressly barred by law (Para 32). B. Execution of foreign judgments involving transactions under the Foreign Exchange Management Act, 1999 (FEMA)—Violations of FEMA do not render the underlying transaction void, and ex-post facto approval from the Reserve Bank of India (RBI) can r...
(2) MEGHALAYA
Quashing of FIR, Rape
A. Criminal Procedure Code, 1973 (CrPC)—Section 482—Quashing of FIR—The High Court may quash FIRs to prevent abuse of process of law—However, allegations must be examined in context, and where the FIR contains specific allegations of cognizable offences, mere delay or generality is insufficient for quashing—In the present case, the marriage was solemnized on 08.06.2023, the wife left on 07.08.2023, and the FIR was lodged on 19.09.2023; the chain of events spanning just over three months does not justify quashing (Paras 11, 14, 15). B. Penal Code, 1860 (IPC)—Sections 376, 498A—Section 376 (Exception 2) exempts sexual intercourse with one’s own wife, not a minor, from constituting rape; however, FIRs alleging other offences cannot be quashed on this ground alone (Para 13) C. Section 498A...
(3) GUJARAT
Appreciation of evidence
A. Criminal Procedure Code, 1973 (CrPC)—Section 378—Appeal against acquittal—The High Court has the power to review and reconsider evidence but must respect the double presumption of innocence in favour of the accused following acquittal by the trial court—Interference is justified only if the trial court’s approach suffers from manifest illegality, the conclusion is perverse, or material evidence was ignored—If two reasonable conclusions are possible, the appellate court should not disturb the acquittal (Paras 11–16, 30–32). B. Penal Code, 1860 (IPC)—Sections 302, 324, 504, 147, 148, 149—Murder, voluntarily causing hurt, intentional insult, and rioting—The prosecution must prove its case beyond reasonable doubt—Inconsistent and contradictory statements by star wit...
(4) MEGHALAYA
Bail
A. Criminal Procedure Code, 1973 (CrPC)—Section 397(2)—Revisional powers of High Court—Cancellation of bail constitutes an interlocutory order; hence, the High Court cannot exercise revisional jurisdiction against such orders (Para 20). B. CrPC—Sections 77 and 79—Execution of warrant beyond territorial jurisdiction—A warrant issued to a police officer for execution outside the issuing court’s jurisdiction must ordinarily be endorsed by an Executive Magistrate or the Officer-in-Charge of the local police station where the arrest is to occur—Non-compliance renders the arrest illegal (Para 11). C. Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)—Sections 35(1)(b), 35(3), 35(7)—Arrest not mandatory—Notices under Section 35(3) apply to offences punishable with imprison...
(5) ALLAHABAD
A. Uttar Pradesh Municipalities Act, 1959, Sections 331 & 334—U.P. Regulation of Urban Premises Tenancy Act, 2021, Section 21—Demolition of dangerous building—Where a structure is officially declared dilapidated and unsafe, issuance of demolition notice is valid—Tenants are bound to vacate and cannot resist demolition—Public safety prevails (Paras 6, 9, 13, 16, 17). B. Statutory duty of Municipal Commissioner—Once a building is found unfit for human habitation and poses threat to life or property, the Municipal Commissioner is legally obligated to act—Authority extends to seeking police assistance for removal of occupants—Tenancy or ownership rights cannot obstruct statutory action (Paras 11, 12, 16). C. Tenants’ protection under Section 21 of 2021 Act—Right of reoccupa...
(6) ORISSA
Sale deed
A. Hindu Succession Act, 1956—Section 14—Self-acquired Property of Female Hindu—Registered Sale Deed in Name of Mother—Held, property purchased through registered sale deed and recorded exclusively in name of female Hindu vests absolutely in her; plea of joint family property or contribution by sons not sustainable in absence of proof—Concurrent findings of courts below affirmed. [Paras 16–17] B. Protection of Women from Domestic Violence Act, 2005—Sections 17 & 19—Shared Household—Claim by Son and Daughter-in-law—Held, where suit property is self-acquired and exclusively owned by mother-in-law, same cannot be treated as “shared household” enabling son and daughter-in-law to claim right of residence against her wishes. [Paras 17–18] C. Code o...
(7) KARNATAKA
A. Fraudulent Preference—Section 531: A lease or other transfer executed by the management of a company shortly before a winding-up petition, transferring valuable property for inadequate consideration within six months of proceedings, constitutes a fraudulent preference and is void ab initio. B. Void Transactions Against Liquidator—Section 531A: Transactions not in the ordinary course of business, not in good faith, and without valuable consideration, executed within one year before winding-up, are void against the liquidator. C. Distinction (Sections 531 & 531A): Section 531 renders the transaction void ab initio; Section 531A renders it void only against the liquidator. D. Custody of Property—Section 456(1) & (2): Upon a winding-up order, all properties and effects of the company vest in the Tribunal ...
(8) KARNATAKA
Commercial Courts / Civil Procedure / Statutory Bars—Temporary Injunctions and Jurisdiction A. Under Section 13(1A) of the Commercial Courts Act, 2015, appellate courts considering challenges to temporary injunction orders must examine preliminary jurisdictional issues, including statutory bars under SARFAESI Act, RDB Act, and IBC, even if not explicitly raised by the parties. B. SARFAESI Act, 2002 (Section 34) bars civil courts from entertaining suits or granting injunctions affecting recovery actions, including prospective measures, as such matters fall within DRT jurisdiction. C. RDB Act, 1993 (Sections 17–18) vests exclusive jurisdiction in DRT for debt recovery; civil courts cannot entertain declaratory or defensive suits relating to debts recoverable under the Act. D. IBC, 2016 (Section 63) grants NCLT exclus...
(9) DELHI
Quashing of proceeding
A. Companies Act, 1956—Sections 108 & 629A—Transfer of Shares—Issue Estoppel: A complaint filed by the Registrar of Companies based on allegations already adjudicated in a prior private complaint by a shareholder is barred by the principle of issue estoppel—Re-litigation of matters conclusively decided in earlier proceedings is impermissible. B. CrPC, 1973—Section 482—Quashing of Proceedings—Where a complaint by the Registrar of Companies is based on the same facts as a previously dismissed private complaint, it is barred by issue estoppel—The High Court may exercise inherent powers to quash such proceedings to prevent abuse of process. C. Issue Estoppel—Application in Criminal Trials—The principle of issue estoppel applies in criminal trials, precluding re-litigation o...
(10) DELHI
Bail Application
A. Prevention of Money Laundering Act, 2002—Section 439 CrPC—Bail Application—Applicant arrested on 03.03.2025, not named in initial FIR/ECIR, only included in 7th Supplementary Prosecution Complaint; no prima facie allegations in NIA predicate offence proceedings—Delayed inclusion reflects absence of a prima facie case, supporting bail consideration. B. PMLA, 2002—Sections 3, 4 & 70—Money Laundering; "Proceeds of Crime"—Mere association with an organization or holding position is insufficient to establish personal involvement in money laundering—Property qualifies as “proceeds of crime” only if directly derived from criminal activity relating to a scheduled offence. C. PMLA, 2002—Section 66(2)—Disclosure to Concerned Agency—Disclosure of inf...