(1) SUPREME COURT
Dowry death, Presumption
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 439—Bharatiya Nyaya Sanhita, 2023—Sections 80, 103(1)—Bharatiya Sakshya Adhiniyam, 2023—Section 114—Dowry death—Bail—Cancellation—Order granting bail in dowry death case held unsustainable where High Court failed to consider material evidence including post-mortem report indicating multiple injuries and statutory presumption—In serious offences, bail must be granted with due application of mind—Mechanical grant of bail liable to be set aside—Bail cancelled and accused directed to surrender. [Paras 12 to 19] B. Bharatiya Sakshya Adhiniyam, 2023—Section 114—Presumption—Dowry death—Courts must consider statutory presumption arising in cases of unnatural death of a married woman within sho...
(2) SUPREME COURT
Quashing of proceeding
A. Indian Penal Code, 1860—Sections 498A, 323, 354—Dowry Prohibition Act, 1961—Sections 3, 4—Code of Criminal Procedure, 1973—Section 482—Quashing of proceedings—Matrimonial disputes—Where allegations against relatives of husband are vague, omnibus and unsupported by material evidence, continuation of criminal proceedings amounts to abuse of process—Mere naming of in-laws without specific role or overt acts insufficient—Proceedings liable to be quashed in light of settled principles including Bhajan Lal categories. [Paras 21, 22, 27, 28] B. Indian Penal Code, 1860—Sections 498A, 354—Appreciation of allegations—Requirement of specific material—To constitute offence under Section 498A IPC, cruelty must be supported by cogent material and not bald all...
(3) SUPREME COURT
Electricity
A. Electricity Act, 2003—Sections 61, 86—Tariff determination—Jurisdiction of State Electricity Regulatory Commission (SERC)—Tariff determination falls exclusively within domain of SERC with no residual regulatory space outside its jurisdiction—SERC empowered to consider incentives/subsidies including those granted by Union Government—However, such consideration must be contextual and purposive and cannot defeat object of grant or policy—Regulatory exercise must align with intent of schemes like Generation Based Incentive (GBI). [Paras 15 to 28, 43 to 47] B. Electricity Act, 2003—Section 61(h)—Renewable energy—Promotion—Tariff—SERC obligated to determine tariff in a manner that promotes generation of electricity from renewable sources—GBI scheme introduc...
(4) SUPREME COURT
A. Constitution of India, 1950—Article 226; Administrative Law—Judicial review of tender process—Scope—Judicial review in contractual matters is limited to examining arbitrariness, mala fides or perversity—Courts must exercise restraint and cannot substitute their decision for that of the tendering authority—Minor errors or marginal differences in evaluation do not justify interference—“Fair play in the joints” must be allowed to the employer. [Paras 19 to 22, 26] B. Tender Conditions—Quality and Cost Based System (QCBS)—Evaluation—Award of contract—Evaluation of bids under QCBS involves technical expertise and financial assessment—Final decision regarding award rests with the owner, who is entitled to adopt pragmatic and flexible approach—Ev...
(5) SUPREME COURT
Framing of charge
A. Code of Criminal Procedure, 1973—Sections 211 to 213, 228, 215, 464—Framing of charge—Defect—Effect—Object of charge is to inform accused of precise accusation—Substantial compliance sufficient—Where accused had full knowledge of charges, participated in trial and cross-examined witnesses, omission such as unsigned charge or procedural lapse does not vitiate trial—Defect is curable unless it causes failure of justice. [Paras 14.1 to 14.8, 15.1 to 15.4] B. Code of Criminal Procedure, 1973—Sections 215, 464—Curable irregularity vs illegality—Defect in framing or signing of charge constitutes procedural irregularity and not illegality—Trial not invalid unless accused is misled or prejudice is shown—Burden lies on accused to demonstrate failure of justice...
(6) SUPREME COURT
Service Law
Service Law—Disciplinary proceedings—Appointment of Inquiry Officer & Presenting Officer—Opportunity to reply to chargesheet—Natural justice—Appointment of Inquiry Officer and Presenting Officer without affording sufficient opportunity to delinquent to file reply to chargesheet not justified—Employee must be given reasonable opportunity before initiation of inquiry proceedings—Petitioner permitted to file reply within two weeks—Respondent(s) to take decision regarding appointment of Inquiry Officer and Presenting Officer within two weeks thereafter after considering reply—No opinion expressed on merits..[Para 1] ...
(7) SUPREME COURT
Electricity Law
A. Bombay Electricity Duty Act, 1958—Section 5A; Constitution of India, 1950—Article 14—Exemption—Power to withdraw—Exemption granted under Section 5A is a concession and not a vested right—State has power to withdraw or modify exemption in exercise of same statutory power—Beneficiaries have no enforceable right to continuation of exemption—Withdrawal of exemption for fiscal reasons such as augmentation of revenue held valid and not violative of Article 14. [Paras 16 to 20] B. Doctrine of Promissory Estoppel and Legitimate Expectation—Applicability—Fiscal policy—Doctrines of promissory estoppel and legitimate expectation not applicable where withdrawal of exemption is in public interest—Government can change policy in fiscal matters if justified by supervening...
(8) SUPREME COURT
Rent and Eviction
A. U.P. Urban Premises Rent Control Act, 2021—Sections 21(2), 38—Jurisdiction of Rent Authority—Scope—Jurisdiction of Rent Authority confined to determination of landlord-tenant relationship and eviction grounds—Authority has no jurisdiction to adjudicate questions of title or ownership—Entertaining restoration application on basis of alleged title dispute held beyond jurisdiction—Order passed without jurisdiction declared nullity. [Paras 7 to 9, 12] B. Code of Civil Procedure, 1908—Principles of res judicata, finality of litigation; Doctrine of abuse of process—Once landlord-tenant relationship and eviction decree attain finality up to Supreme Court, parties cannot reopen same issues through collateral proceedings—Filing restoration application after dismissal of SLP, re...
(9) SUPREME COURT
Suspension of sentence, POCSO
A. Protection of Children from Sexual Offences Act, 2012—Sections 3, 4—Code of Criminal Procedure, 1973—Section 389—Suspension of sentence—Pending appeal—Suspension of sentence can be granted where arguable issues arise in appeal and material evidence has not been properly considered by Trial Court—Failure to consider prosecutrix’s statement under Section 164 CrPC raising involvement of another person constitutes a significant factor—Appellate Court justified in suspending sentence and granting bail pending appeal. [Paras 5, 8, 9] B. Code of Criminal Procedure, 1973—Section 164—Appreciation of evidence—Statement of prosecutrix under Section 164 CrPC is a material piece of evidence and must be duly considered—Non-consideration of such statement affecting ...
(10) SUPREME COURT
POCSO
A. Protection of Children from Sexual Offences Act, 2012—Sections 6, 10—Investigation—Misclassification of offence—Where material on record discloses prima facie offence under Section 6 POCSO Act, dilution of offence to lesser provision under Section 10 held unjustified—Investigating agency cannot downplay gravity of offence for extraneous reasons—Court emphasized correct legal classification based on evidence—Prima facie case under aggravated penetrative sexual assault made out. [Paras 3, 4] B. Criminal Law—Investigation—Fairness—Bias—Constitution of Special Investigation Team (SIT)—Investigation found to be biased, inconsistent and aimed at discrediting victim—Shifting stand of police raises serious doubts about credibility—To ensure fair, impart...
(1) DELHI
A. Civil Procedure Code, 1908—Order XII Rule 6—Decree on admission—A formal application under Order XII Rule 6 CPC is not mandatory for passing a decree on the basis of clear, categorical and unambiguous admissions contained in the pleadings—Court can suo motu exercise power to grant decree on admission. [Para 26] B. Co-ownership—Suit for possession and recovery of rent—A co-owner is competent to institute a suit for possession and recovery of rent against a tenant without impleading other co-owners—A decree passed in favour of one co-owner does not prejudice the rights of other co-owners. [Paras 29, 30] C. Delhi Rent Control Act, 1958—Section 50—Bar of jurisdiction—Urbanization of area—Bar under Section 50 is not attracted in the absence of a notification extending t...
(2) ALLAHABAD
A. U.P. Essential Commodities (Regulations of Sales and Distribution) Control Order, 2016—Section 13—Subsequent allottee—Right of hearing—Subsequent allottee of a fair price shop is a necessary party in appellate as well as writ proceedings—If such subsequent allottee is not impleaded, he retains the right to challenge the appellate or writ order passed in his absence. [Paras 13, 29, 41, 44] B. U.P. Essential Commodities (Regulations of Sales and Distribution) Control Order, 2016—Section 13(4)—Impleadment—Onus—Original allottee challenging cancellation is obligated to implead the subsequent allottee in appellate or writ proceedings, irrespective of whether the subsequent allotment was made before or after filing of the appeal—Failure to implead the subsequent allottee vitiates...
(3) DELHI
A.Industrial Disputes Act, 1947—Section 33C(2)—Jurisdiction of Labour Court—Labour Court, while exercising powers under Section 33C(2), cannot adjudicate upon a disputed entitlement—Its jurisdiction is confined to computation of benefits flowing from a pre-existing, recognised, or adjudicated right—Where the very basis of entitlement is in dispute, the matter requires adjudication under Section 10 of the Act. [Paras 15, 23–25, 29, 31–33, 37] B. ndustrial Disputes Act, 1947—Section 33C(2)—Applicability of settlements—Where entitlement is claimed under subsequent settlements and such entitlement itself is disputed, and there is no prior adjudication or recognition of the right, the Labour Court lacks jurisdiction to entertain the claim under Section 33C(2). [Paras 19, 29, 35, 36...
(4) DELHI
A. Arbitration and Conciliation Act, 1996—Section 11(6)—Appointment of arbitrator—Pre-arbitration mechanism—Disputes arose under works contract containing Clause 25 of the General Conditions of Contract providing for mandatory pre-arbitration procedure—Petitioner exhausted the pre-arbitration mechanism and issued notice under Section 21, but respondent failed to respond—Requirements for invocation of arbitration having been satisfied, Court appointed an arbitrator for adjudication of disputes. [Paras 1–10] B. Arbitration and Conciliation Act, 1996—Limitation—Exclusion of COVID-19 period—For computing limitation for invoking arbitration, period from 15.03.2020 to 28.02.2022 stood excluded in terms of orders passed in Suo Motu Writ Petition (C) No. 3/2020—Notice invoking a...
(5) UTTARAKHAND
A. Provincial Small Cause Courts Act, 1887—Section 25—Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972—Applicability—Trust property—In suit for eviction and recovery of arrears of rent and damages relating to property owned by a public, religious and charitable Trust, Trust Deed admissible under presumption under Section 90 of the Evidence Act—Such Trust property held exempt from applicability of U.P. Act No. 13 of 1972—Small Causes Court’s dismissal of suit without proper appreciation of evidence held unsustainable. [Paras 22–28] B. Evidence Act, 1872—Sections 90 and 116—Tenant’s estoppel—Tenant who admitted landlord-tenant relationship and payment of rent to Trust’s Manager is estopped from disputing ownership of Trus...
(6) UTTARAKHAND
Anticipatory bail
Criminal Procedure Code, 1973—Section 438—Anticipatory bail—Applicant accused of involvement in fraudulent property transaction—Co-accused had already been granted anticipatory bail—Applicant was earlier granted interim protection and complied with all conditions—Considering that personal liberty under Article 21 of the Constitution is a valuable right and should be curtailed only in exceptional circumstances, anticipatory bail granted subject to conditions ensuring cooperation with investigation and regular appearance before trial court. ...
(7) BOMBAY
A. Medical Termination of Pregnancy Act, 1971—Sections 3(2)(b), 3B—Medical Termination of Pregnancy Rules, 2003—Rules 3-A, 5—Termination of pregnancy—Advanced gestational age—High Court granted permission for termination of pregnancy at 33–34 weeks of gestation in view of significant fetal abnormalities and substantial risk of severe handicap and long-term morbidity—Medical Board opined that continuation of pregnancy posed serious physical and mental risks—Considering parents’ request for feticide in utero, Court permitted termination to be conducted at a tertiary care centre as recommended by the Medical Board. [Paras 7–16] B. Medical Termination of Pregnancy Act, 1971—Section 3(2)—Amendment Act, 2021—Fetal abnormalities—Statutory framework, post...
(8) DELHI
Tenancy Law
A. Civil Procedure Code, 1908—Section 96—Order XLI—Order XII Rule 6—Appeal—Decree on admission—Trial Court decreed suit for recovery of possession, permanent injunction, arrears of rent, mesne profits and maintenance charges by allowing application under Order XII Rule 6—Essential ingredients, namely existence of landlord-tenant relationship and admitted rate of rent, stood established—Defence of oral settlement and vacation of premises rejected, as possession of tenant’s wife remained juridical possession of tenant and no independent tenancy arose—Trial Court rightly passed decree on admission—Appeal dismissed. [Paras 1, 33–47] B. Civil Procedure Code, 1908—Order XII Rule 6—Judgment on admission—Admissions in written statement and statement under...
(9) DELHI
A. Industrial Disputes Act, 1947—Section 10(1) read with Section 10(2A)—Reference of industrial dispute—Where earlier award dated 15.09.1989 of the Central Government Industrial Tribunal held that no employer-employee relationship existed between contractual workers and the principal employer, and the said award was upheld up to the Supreme Court, no industrial dispute survived—Consequently, reference order dated 10.05.2016 was unsustainable—Single Judge rightly quashed the reference and appeal dismissed. [Paras 1, 2, 10, 12, 13, 19–21] B. Industrial Disputes Act, 1947—Section 10(1)—Constitution of India—Article 226—Interference with reference—Though ordinarily courts do not interfere with a reference made under Section 10(1), High Court can exercise jurisdiction under A...
(10) UTTARAKHAND
A. Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972—Applicability—New construction—Where building was reconstructed and reassessed by the Municipal Corporation in 2001, such reassessment is determinative for applicability of the Act—Earlier assessment loses relevance and applicability of Act No. 13 of 1972 based on old construction becomes inapplicable. [Paras 25, 27, 28] B. Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972—Section 20(4)—Deposit of rent—Denial of title—Civil Procedure Code, 1908—Order XV Rule 5—Even where tenant denies landlord’s title, obligation to deposit rent/damages continues unless lawful and bona fide payment is proved—Mere denial of title does not absolve tenant from statuto...