A. Constitution of India—Articles 14 and 16—Public employment—Recruitment process—Corruption and nepotism—Cancellation of selection—Held—Where the entire recruitment process is vitiated by rampant corruption, nepotism and serious irregularities, the selection cannot be sustained merely by segregating tainted and untainted candidates. The purity of the selection process must be maintained, and no equity can be claimed by candidates selected through a tainted recruitment. (Paras 3-5, 11, 18).B. Karnataka Civil Services (Validation of Selection and Appointment of 2011 Batch Gazetted Probationers) Act, 2022—Constitutional validity—Legislative power—Overruling judicial decisions—Held—The Legislature cannot, by enacting a law, annul or render ineffective a judgment of a Constitutional Court. Though retrospective amendmen...
A. Negotiable Instruments Act, 1881—Section 138—Legally enforceable debt—Unlicensed money lending—Promissory note—HELD—In the State of Maharashtra, an advance at interest against a promissory note is not excluded from the definition of “loan” under Section 2(13)(j) of the Maharashtra Money-Lending (Regulation) Act, 2014. Such lending without a licence is prohibited under Section 4 and the loan is unenforceable under Section 13; consequently, the debt does not constitute a legally enforceable debt for the purpose of Section 138 of the NI Act. (Para 6).B. Maharashtra Money-Lending (Regulation) Act, 2014—Sections 2(13)(j), 4 and 13—Unlicensed money lender—Promissory note—Threshold production of licence—HELD—Unlike the Tamil Nadu Money-lenders Act, 1957, the Maharashtra Act does not exclude an advance against a pro...
A. Andhra Pradesh (Telangana Area) (Abolition of Jagirs) Regulation, 1358 Fasli—Regulations 2(h), 4, 5 and 6—Abolition of Jagirs—Vesting of jagir lands in State—Succession to jagirdari rights—HELD—A jagirdar is not the title-holder of the jagir property but holds the estate in relation to its land revenue. Upon abolition of jagirs and transfer of administration to the State, the jagirdar’s powers, rights and liabilities in relation to the jagir ceased, and no person could thereafter be appointed or recognised as a jagirdar, whether by succession or otherwise. (Paras 26-30, 34-35).B. Andhra Pradesh (Telangana Area) (Abolition of Jagirs) Regulation, 1358 Fasli—Regulations 17 and 18—Home farms—Personal property—Exception to vesting—Burden of proof—HELD—The protection available to home farms and personal properties...
A. Arbitration and Conciliation Act, 1996—Sections 34 and 37—Setting aside of arbitral award—Scope of judicial interference—HELD—The jurisdiction of the Court under Section 37 is coterminous with and as broad as its jurisdiction under Section 34. An arbitral award may be set aside under the unamended Section 34 where it is contrary to the terms of the contract, patently illegal or opposed to the public policy of India, provided the illegality goes to the root of the matter. (Paras 44-49).B. Arbitration and Conciliation Act, 1996—Section 28(3)—Interpretation of contract—Arbitral tribunal—Rewriting of contractual terms—HELD—An arbitral tribunal is bound to decide the dispute by taking into account the express terms of the contract and cannot substitute its own terms or grant relief contrary to the agreed contractual ob...
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 47—Constitution of India—Article 22(1)—Communication of grounds of arrest—Constitutional safeguard—Held—The object of communicating grounds of arrest is to enable the arrested person to understand the reasons for apprehension, consult legal counsel and effectively oppose remand or seek bail—The requirement is substantive and must be meaningfully complied with, having regard to the facts and circumstances of each case. (Paras 16, 20-22)B. Bharatiya Nagarik Suraksha Sanhita, 2023—Sections 47 and 483—Regular bail—Non-furnishing of written grounds of arrest—Prejudice test—Held—A procedural lapse in the mode of communicating grounds of arrest does not ipso facto entitle an accused to regular bail in the absence of demonstrable prejudice or denial of a fair opportun...
A. Pension Regulations for the Army, 2008—Regulation 82—Ministry of Defence Policy Letter dated 31-1-2001—Category E(i), Para 4.1—War Injury Pension—Operations specially notified by Government—Held—Category E(i) is enabling in nature and covers operations specially notified by the Government from time to time—Where the notification does not expressly exclude an operation, the benefit of the policy cannot be denied by adopting a restrictive interpretation—Operation Rakshak falls within its ambit. (Paras 10-16, 19-21)B. Ministry of Defence Policy Letter dated 31-1-2001—Part II, Category E—War Injury Pension—Interpretation of pensionary policy—Held—The policymaker must demonstrate the circumstances governing applicability of the policy and cannot interpret its provisions contrary to their plain language or in a ma...
A. Income Tax Act, 1961—Sections 143(2), 143(3) and 147—Reassessment—Notice under Section 143(2)—Mandatory requirement—Held—Issuance of notice under Section 143(2) is a sine qua non for framing reassessment under Section 143(3) read with Section 147—Failure to issue such notice is not a mere procedural irregularity or curable defect and vitiates the reassessment proceedings. (Paras 12-13, 20)B. Income Tax Act, 1961—Section 292BB—Deemed service of notice—Non-issuance of notice—Assessee’s participation—Held—Section 292BB cures defects relating to service, timely service or improper service of a notice alleged to have been issued, but does not apply where the Revenue admittedly never issued the mandatory notice under Section 143(2)—Mere participation or cooperation by the assessee does not confer jurisdiction up...
A. Arbitration and Conciliation Act, 1996—Sections 34, 37 and 36—Enforcement of arbitral award—Execution proceedings—Held—Once the arbitral award and directions of this Court required payment in foreign currency, the executing court was competent to examine questions concerning amounts deposited, withdrawn or adjusted, but such factual issues could not be adjudicated in the earlier appeal confined to a certified substantial question of law. (Paras 4.2-4.6, 7-9)B. Constitution of India—Articles 134-A and 133(1)(a)—Appellate jurisdiction—Scope of adjudication—Clarification of judgment—Held—Jurisdiction exercised by this Court on a certified substantial question of law remains confined to the question referred and cannot be enlarged, under the guise of clarification, to decide distinct factual disputes arising in execut...
A. Code of Civil Procedure, 1908—Section 25—Transfer of suits—Commercial disputes—Common trial—Trademark infringement—Held—Where two commercial suits between the same parties, pending before the Commercial Court, Indore and the High Court of Delhi, respectively, arise out of competing claims concerning trademark infringement, passing off and use of the mark “SUPREME”, both matters should be tried before one Court to avoid multiplicity of proceedings and conflicting decisions—With the consent of the parties, both suits transferred to the City Civil Court, Ahmedabad. (Paras 2-7).B. Trade Marks Act, 1999—Section 2(1)(zg)—Trademark infringement—Passing off—Well-known trademark—Cross-suits—Transfer of proceedings—Held—Where rival commercial suits involve claims for infringement, passing off, dilution and dec...
A. Prevention of Corruption Act, 1988—Section 13(1)(e)—Disproportionate assets—Known sources of income—Meaning—Held—“Known sources of income” means sources known to the prosecution upon lawful investigation and not every conceivable source claimed by the accused—The prosecution must establish the assets and legitimate income of the public servant during the check period—It is not required to conduct an open-ended or roving enquiry into undisclosed sources of income. (Paras 19-28).B. Prevention of Corruption Act, 1988—Section 13(1)(e)—Disproportionate assets—Burden of proof—Satisfactory explanation—Held—The prosecution must first establish the foundational facts showing that the assets of the public servant are disproportionate to his known sources of income—Once such disproportion is established, the burd...
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory bail—Scope of jurisdiction—Held—Power to grant pre-arrest bail is extraordinary in nature and cannot be exercised as a matter of course—Court must exercise such jurisdiction with prudence, care and caution, balancing the individual's right to personal liberty against the investigating agency's right to investigate—Grant of anticipatory bail requires a special case supported by recorded reasons. (Para 7)B. BNSS, 2023—Section 482—Successive applications for anticipatory bail—Maintainability—Change in circumstances—Held—Second or subsequent application for pre-arrest bail is not absolutely barred but cannot be entertained routinely—Substantial change in the facts and circumstances of the case or in law, or subsequent obsolescence of the earlier f...
A. Constitution of India, 1950—Articles 21 and 22(1)—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 47—Grounds of arrest—Mandatory communication—Held—Informing the arrested person of the grounds of arrest is a mandatory constitutional and statutory requirement applicable to all offences under all statutes—Grounds must be communicated in writing in a language understood by the arrestee—Where written communication is not possible soon after arrest, grounds may initially be communicated orally but must be supplied in writing within a reasonable time and at least two hours before production before the Magistrate for remand. (Paras 8-11, 13)B. Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8(c), 20(b)(ii)(B), 22(c), 25 and 29—BNSS, 2023—Section 47—Communication of grounds of arrest—Specification of ...
A. Constitution of India, 1950—Articles 21 and 22(1)—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 47—Grounds of arrest—Mandatory communication—Held—the constitutional and statutory requirement of informing an arrested person of the grounds of arrest is mandatory in all offences and under all statutes—Grounds of arrest must ordinarily be communicated in writing in a language understood by the arrestee—Where written communication is not possible soon after arrest, grounds may initially be communicated orally but must be supplied in writing within a reasonable time and at least two hours before production for remand. (Paras 8-11, 13)B. Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 22(c), 25 and 29—BNSS, 2023—Section 47—Communication of grounds of arrest—NDPS cases—Held—Effective communicati...
A. Chhattisgarh Land Revenue Code, 1959—Section 230—Appointment of Village Kotwar—Gram Sabha resolution—Public notice—Held—Appointment to the post of Village Kotwar must be made in accordance with the statutory provisions and prescribed Rules—Prior recommendation in favour of a candidate, before issuance of public notice and submission of application, does not by itself establish that the appointment is void—Validity of the resolution and selection process must be examined on the material available before the competent revenue authorities. (Paras 15-18, 21-22)B. Chhattisgarh Land Revenue Code, 1959—Section 230—Appointment of Village Kotwar—Preference to near relative of erstwhile Kotwar—Vested right—Held—Preference or consideration in favour of a near relative under the applicable Rules does not create an indef...
A. Chhattisgarh Land Revenue Code—Mutation proceedings—Disputed will/Iqrarnama—Succession—Title dispute—Held—Revenue authorities cannot conclusively adjudicate disputed questions of title, genuineness or legal effect of a will in mutation proceedings—Parties claiming rights under a disputed testamentary instrument must establish their respective rights before the competent civil Court—Consequential mutation may be effected on the basis of the civil Court’s adjudication. (Paras 10-12, 14)B. Mutation entries—Revenue records—Fiscal purpose—Effect on title—Held—Mutation entries neither create nor extinguish any right, title or interest in immovable property and have no presumptive value regarding ownership—Such entries are maintained only for fiscal purposes and cannot substitute adjudication of title by a compet...
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory bail—Gravity of accusation—HELD—The gravity of the alleged offence, though a relevant consideration, is not by itself sufficient to deny anticipatory bail. The Court must assess the nature of the accusation, the applicant’s role, antecedents, likelihood of absconding or tampering with evidence, and the necessity of custodial interrogation in the light of the entire record. (Paras 9-10, 15-16).B. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory bail—Subsequent allegation of rape—Earlier complaints and statements—HELD—The allegation of forcible intercourse first emerged in the victim’s statement under Section 183 of the BNSS, recorded after the anticipatory bail petition was filed, whereas the earlier complaint, FIR and department...
A. Specific Relief Act, 1963—Section 16(c)—Specific performance—Readiness and willingness—HELD—The plaintiff seeking specific performance must prove continuous readiness and willingness to perform the essential terms of the contract, including financial capacity and conduct demonstrating intention to complete the transaction. Failure to apply for mandatory purchase permission within the stipulated period, pay the balance consideration or obtain the agreed power of attorney disentitles the purchaser to specific performance. (Paras 17-19, 24-27).B. Specific Relief Act, 1963—Specific performance—Time as essence of contract—Agreement to sell immovable property—HELD—The general principle that time is not ordinarily the essence of contracts relating to immovable property cannot be applied mechanically, particularly where the...
A. Code of Criminal Procedure, 1973—Section 82—Proclamation—Proclaimed Offender—Absconding—HELD—An unexecuted warrant does not, by itself, establish abscondence or justify a proclamation without material showing deliberate evasion. Where the charge-sheet records an identifiable overseas address, failure to pursue recognised channels of service undermines the statutory satisfaction required under Section 82(1). The proclamation declaring the petitioner a Proclaimed Offender was set aside. (Paras 23-32, 37).B. Code of Criminal Procedure, 1973—Section 82(4)—Proclaimed Offender—Specified offences—HELD—A person may be declared a Proclaimed Offender under Section 82(4) only where the proclamation concerns an offence enumerated in that provision. As the offences alleged against the petitioner were not included in the statut...
A. Code of Criminal Procedure, 1973—Section 482—Quashing of criminal proceedings—Abuse of process of Court—Mala fide prosecution—HELD—The High Court may exercise its inherent jurisdiction where the allegations and attending circumstances, considered cumulatively, indicate that criminal proceedings have been instituted for an ulterior purpose or that the allegations do not prima facie constitute the offences alleged. Although the Court cannot conduct a mini-trial or meticulously assess the evidence at this stage, it may examine the surrounding circumstances and preliminary materials to prevent abuse of process and secure the ends of justice. The criminal proceedings against the surviving petitioners were quashed. (Paras 15-21, 23-24, 32-36).B. Indian Penal Code, 1860—Sections 323, 341, 504, 506 and 379—Essential ingredients...
A. Code of Civil Procedure, 1908—Order VII Rule 11(a)—Rejection of plaint—Cause of action—Defamation—HELD—For rejection of a plaint, the Court must meaningfully read the plaint as a whole and determine whether its averments, taken to be correct, disclose a legally sustainable cause of action. In a defamation suit, the plaint must plead the essential ingredients of a defamatory imputation, including its making or publication by the defendant and communication to a third person. Mere assertion of reputational harm, without pleading these essential elements, does not disclose a cause of action. (Paras 12-15, 17-19, 31-35).B. Indian Penal Code, 1860—Section 499—Defamation—Essential ingredients—Publication of imputation—HELD—Defamation requires an imputation concerning a person, made with the requisite intention or know...