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. Central Goods and Services Tax Act, 2017, Sections 16(2)(b), 132(1)(b), 132(1)(c), 132(1)(f) and 135—Bail—Alleged fraudulent availment of input tax credit—Issuance of invoices without supply of goods and falsification of documents, allegedly causing loss of Rs. 43,08,22,936 to the exchequer—High Court granting bail—Respondent’s conduct in suppressing material facts and pursuing parallel remedies without adequate disclosure held to constitute abuse of process—Bail order set aside to the extent of disposal of the petition and matter remitted for fresh consideration, while interim bail continued. (Paras 3, 21–30)B. Criminal Procedure—Bail—Suppression of material facts—Parallel proceedings—Accused simultaneously pursuing bail before the High Court and Sessions Court and seeking release through a writ petition challe...
A. Limitation Act, 1963—Articles 54, 59 and 64, Section 27—Suit for possession—Agreement to Sell dated 14-1-1952 and registered Sale Deed dated 3-12-1960—Suit instituted in 1975—Claim for specific performance and cancellation of Sale Deed, if pursued, was barred by limitation—Suit for possession also barred, the prescribed period having expired long before institution of the suit. (Paras 35-42)B. Transfer of Property Act, 1882—Section 54—Agreement to Sell—Transfer of ownership—Agreement to Sell does not create any right, title, interest or charge in immovable property—Ownership can pass only through a valid registered Sale Deed—Plaintiff’s predecessor failed to fulfil the mandatory condition of constructing a house within three years and never obtained a registered Sale Deed—Legal heirs could not claim ownershi...
A. Prevention of Corruption Act, 1988, Sections 7(c), 9, 10, 12, 13(1)(a) and 13(2)—Indian Penal Code, 1860, Sections 409, 466, 467, 468, 471, 477-A and 120-B—Bail—Large-scale corruption—Alleged fabrication of work completion certificates and manipulation of public tenders under Jal Jeevan Mission—Gravity of allegations, though warranting serious scrutiny, cannot by itself eclipse other relevant considerations governing bail or justify indefinite pre-trial detention—Regular bail granted. (Paras 9–11)B. Criminal Procedure—Regular bail—Completion of investigation—Chargesheet and supplementary chargesheet filed—Documentary and electronic evidence, including tender records, committee minutes, correspondence, bank statements, forensic reports and call detail records, already seized by investigating agency—No further cus...
A. Chandigarh Estate Rules, 2007—Rule 5(iv), Rule 5(vi) and Explanation I—E-auction—Cancellation of highest bid—Agreement to Sell executed and entire consideration paid, but allotment letter and conveyance deed not issued—Enforceable contract not concluded—Administration empowered to withdraw the site or reject the highest bid in accordance with the Rules and auction conditions. (Paras 15-19)B. Chandigarh Estate Rules, 2007—Rule 5—Capital of Punjab (Development and Regulation) Act, 1952—Sections 3 and 22—Sale of public property—Price maximisation—Public authority may revisit the auction and conduct a fresh auction before conclusion of an enforceable contract, provided its action is fair and non-arbitrary—Substantially lower bid compared with an adjacent site of identical area constitutes a relevant consideration ...
A. Prevention of Corruption Act, 1988, Section 17-A—Public servant—Prior approval for investigation—Demand of illegal gratification—Section 17-A applies only where the alleged offence is relatable to a recommendation made or decision taken by a public servant in discharge of official functions or duties—Demand of bribe being an independent criminal act unconnected with official duties, prior approval not required—Criminal proceedings not vitiated. (Paras 5.1–5.5, 6–6.3)B. Prevention of Corruption Act, 1988, Section 17-A—Scope of protection—Public servant—Prior approval—Statutory protection is not an omnibus immunity against investigation for every offence committed by a public servant—Existence of a recommendation or decision taken in discharge of official duties is an essential condition for applicability of Sec...
A. Representation of the People Act, 1951, Section 125-A—Criminal Procedure Code, 1973, Sections 195(1) and 200—Private complaint—False disclosure in election affidavit—Section 195(1) CrPC does not include offences under Section 125-A of the Representation of the People Act—Cognizance of such offence not barred on a complaint by a private person—High Court’s contrary interpretation erroneous. (Paras 11–13)B. Representation of the People Act, 1951, Section 125-A—False affidavit by elected candidate—Maintainability of private complaint—No statutory provision restricts filing of complaint to the Election Commission or a public servant—Legislative omission to include Section 125-A within Section 195(1) CrPC held deliberate—Private complaint under Section 200 CrPC maintainable. (Paras 11–13)C. Representation of the ...
A. Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948—Sections 3(15), 3(16) and 14-A—Ryotwari patta—Communal water body—Land recorded in the earliest revenue records as Government Poramboke—Kanakkan Kuttai—Not ryoti land and incapable of grant of ryotwari patta—Patta granted contrary to Section 14-A rightly cancelled. (Paras 18-19, 24)B. Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948—Section 14-A—Land classification—Town planning—Land designated as mixed residential zone—Such zoning does not extinguish Government rights over water bodies or communal poramboke, nor validate an otherwise illegal patta—Earliest survey and settlement records relevant to determining the nature of land. (Paras 19-21, 23-24)C. Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948...
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. Code of Civil Procedure, 1908—Order XXI Rules 64, 65 and 66—Execution of decree—Sale proclamation by public auction—HELD—The provisions prescribe a statutory scheme governing the sale of attached property in execution of a decree. Substantial compliance with Order XXI Rule 66(2) was established where the decree-holder furnished the terms of settlement, the property was sufficiently described for identification, and the judgment-debtors failed to specifically dispute the particulars or furnish an alternative valuation report. An objection regarding undervaluation, unsupported by a valuation report before the Executing Court, could not be raised for the first time in writ proceedings. (Paras 13-17)B. Code of Civil Procedure, 1908—Order XXI Rule 64—Sale of attached property—Extent of property to be sold—HELD—The object...
A. Negotiable Instruments Act, 1881—Section 142(2)(a)—Dishonour of cheque—Territorial jurisdiction—Payee’s home branch—HELD—Where a cheque is delivered for collection through an account, territorial jurisdiction lies with the Court within whose jurisdiction the branch where the payee or holder in due course maintains the account is situated. Under the Explanation to Section 142(2)(a), delivery at any branch of the payee’s bank is deemed to be delivery at the branch where the payee maintains its account. (Paras 8-11)B. Negotiable Instruments Act, 1881—Section 142(2)—Retrospective application—HELD—The 2015 amendment governing territorial jurisdiction in complaints under Section 138 applies retrospectively, as held in Bridgestone India (P) Ltd. v. Inderpal Singh. Jurisdiction must be determined under the amended provi...
A. Arbitration and Conciliation Act, 1996—Section 9—Interim injunction—Invocation of bank guarantee—An unconditional bank guarantee may ordinarily be restrained only where egregious fraud affecting its foundation or irretrievable injustice is established—Disputes regarding delay, contractual breaches and responsibility for non-completion do not, by themselves, justify restraining invocation—Petition dismissed. (Paras 15-18, 25-29, 47-49)B. Arbitration and Conciliation Act, 1996—Section 9—Bank guarantee—Independent obligation—A bank guarantee operates independently of disputes arising under the underlying contract, and payment obligations must be determined by the terms of the guarantee—The legal fiction of an independent guarantee cannot be defeated merely by alleging non-grant of permissions, delay in execution or w...
A. Penal Code, 1860, Sections 498-A, 307 read with Section 34—Cruelty and attempt to murder—Wife alleging dowry demand of Rs.1,00,000, taunting and forcible administration of pesticide by husband at mother-in-law’s instigation—Allegations vague and medical evidence not supporting administration of poison—Prosecution failing to establish guilt beyond reasonable doubt—Conviction set aside and accused acquitted. (Paras 6-10)B. Penal Code, 1860, Section 498-A—Cruelty—Dowry demand and harassment—Allegations of taunting for inadequate marriage honours and demand of Rs.1,00,000 for purchasing a vehicle, without specific particulars of abuse or evidence of consequent physical or mental cruelty—Complainant’s father denying demand and ill-treatment—Essential ingredients of cruelty not proved beyond reasonable doubt. (Paras 6...
A. Arbitration and Conciliation Act, 1996—Section 11—Appointment of arbitrator—Non-signatory substituted developer—Respondent No. 2, having been substituted in place of the original developer under the Supplementary Development Agreement and having accepted obligations under the Permanent Alternate Accommodation Agreement, could not avoid the arbitration clause merely because it had not signed the original agreement—Sole Arbitrator appointed to adjudicate disputes arising from the redevelopment arrangement. (Paras 23-27, 62, 67-68)B. Arbitration and Conciliation Act, 1996—Section 7(5)—Incorporation of arbitration clause by reference—Connected agreements—Where the Permanent Alternate Accommodation Agreement incorporated the terms of the Development Agreement and the Supplementary Development Agreement substituted the new ...