(1) SUPREME COURT
Anticipatory bail
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Bharatiya Nyaya Sanhita, 2023—Sections 196(1)(a), 196(1)(b), 197(1)(a), 197(1)(b), 197(1)(c), 197(1)(d), 353(1)(c), 353(2), 302, 152—Information Technology Act, 2000—Section 69A—Anticipatory bail—Grant of— Petitioner apprehended arrest in connection with FIR registered for offences under the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act—Pursuant to interim protection granted by the Court, petitioner appeared before the investigating agency and cooperated with the investigation—Held, in the facts of the case, interim protection deserved to be confirmed and petitioner entitled to anticipatory bail in the event of arrest, subject to conditions. (Paras 2-4) B. Bharatiya Nagarik Suraksha Sanhita, 2023—...
(2) SUPREME COURT
POCSO
A. Penal Code, 1860—Section 376(3)—Protection of Children from Sexual Offences Act, 2012—Sections 5 and 6—Bail—Grant of— Accused sought bail in a case alleging rape of a minor and aggravated penetrative sexual assault—Supreme Court, considering the totality of circumstances including that the accused had been in custody since 30-06-2024 and that material witnesses had already been examined, held that a case for grant of bail was made out—Impugned order of High Court rejecting bail set aside and bail granted subject to conditions. (Paras 6-7, 10) B. Penal Code, 1860—Section 376(3)—Protection of Children from Sexual Offences Act, 2012—Sections 5 and 6—Bail—Conditions and expeditious trial— While granting bail, Court directed the accused to cooperate fully...
(3) SUPREME COURT
POCSO
A. Protection of Children from Sexual Offences Act, 2012—Sections 4, 8 and 12—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory bail—Grant of— Appellant sought anticipatory bail in connection with FIR alleging offences under Section 64 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 8 and 12 of the POCSO Act—Supreme Court, considering overall circumstances and interim protection already granted, held that the appellant was entitled to relief under Section 482 BNSS—Orders of High Court rejecting anticipatory bail set aside and anticipatory bail granted. B. Protection of Children from Sexual Offences Act, 2012—Sections 4, 8 and 12—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory bail—Conditions— While granting anticip...
(4) SUPREME COURT
Anticipatory bail
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482 and Section 482(2)—Anticipatory bail—Grant of— Where the accused joined and cooperated with the investigation pursuant to interim protection granted by the Court and the State confirmed such cooperation—Held, custodial interrogation was not necessary at that stage—Appellant entitled to anticipatory bail in the event of arrest, subject to terms and conditions imposed by the trial court and compliance with statutory conditions. B. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory bail—Limited scope of observations— While granting anticipatory bail in relation to offences under the Bharatiya Nyaya Sanhita, 2023, Court clarified that observations made in the order were only for the limited purpose of deciding ...
(5) SUPREME COURT
Anticipatory bail
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482 and Section 482(2)—Anticipatory bail—Grant of— Where the accused had joined and cooperated with the investigation pursuant to interim protection granted by the Court and the State also confirmed such cooperation—Held, custodial interrogation was not necessary at that stage—Appellant entitled to anticipatory bail subject to conditions including surrender of passport and continued cooperation with investigation. B. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory bail—Conditions— While granting anticipatory bail in respect of offences under the Bharatiya Nyaya Sanhita, 2023, the Court directed the accused to cooperate with investigation and comply with statutory conditions under Section 482(2) of BNSS&mdash...
(6) SUPREME COURT
Bail
A. Criminal Procedure Code, 1973—Section 439—Bail—Parity principle—Where co-accused involved in the same crime had already been granted bail by the Supreme Court, the appellant was entitled to similar relief on the ground of parity, particularly when the allegations against him were comparable and no distinguishing circumstance was shown. (Paras 7-9) B. Criminal Procedure Code, 1973—Section 439—Bail—Long incarceration—Accused had undergone about twenty-two months of custody during pendency of trial—Prolonged incarceration weighed with the Court in granting bail, subject to appropriate conditions to secure presence and cooperation in trial. (Paras 7-9) C. Criminal Procedure Code, 1973—Section 439—Bail—Conditions—While granting bail in serious offences inclu...
(7) SUPREME COURT
Agreement to Sell, Specific performance of agreement
A. Specific Relief Act, 1963—Section 10 and Section 20—Specific performance—Equitable and discretionary relief— Grant of decree for specific performance is not automatic even if execution of agreement is admitted—Court must examine the conduct of parties and surrounding circumstances—Where circumstances create doubt regarding the bona fides of the plaintiff or indicate suppression of material facts, equitable relief of specific performance can be refused. (Para 12) B. Specific Relief Act, 1963—Section 10—Specific performance—Agreement of sale—Sham and nominal transaction— Where contemporaneous Memorandum of Understanding executed on the same day indicated that the agreement of sale was executed merely as security for a loan transaction—Similarity of stamp papers, w...
(8) SUPREME COURT
Anticipatory bail
A. Criminal Procedure—Anticipatory bail—Considerations— Appellant sought anticipatory bail in connection with offences under the Andhra Pradesh Excise Act relating to manufacture of spurious liquor—Appellant not named in the FIR initially and no raid conducted at his place of business—His implication arose subsequently on the basis of statements of co-accused and witnesses—Held, in absence of direct recovery or raid at appellant’s premises and considering his cooperation with investigation, custodial interrogation not necessary—Anticipatory bail granted. (Paras 7-10) B. Criminal Procedure—Anticipatory bail—Conduct of accused—Relevance— Appellant granted interim protection by Supreme Court and appeared before Investigating Officer on several dates—No allegatio...
(9) SUPREME COURT
A. Constitution of India—Article 21—Right to health—Extension to public health interventions— Right to life under Article 21 includes right to health and bodily integrity—State bears a positive obligation to safeguard health and ensure conditions necessary for meaningful enjoyment of life—Where harm is alleged to have occurred during a State-led vaccination programme undertaken to protect public health, affected persons cannot be left without any accessible mechanism of redress—State welfare obligations require exploration of an equitable institutional framework. (Paras 14-20, 27) B. Constitution of India—Articles 14 and 21—Public health policy—Adverse events following immunisation (AEFI)—Absence of compensation framework— In context of mass COVID-19 vaccination pr...
(10) SUPREME COURT
Circumstantial evidence
A. Criminal trial—Circumstantial evidence—Principles— In cases resting purely on circumstantial evidence, each circumstance relied upon by the prosecution must be fully established and must form a complete and unbroken chain pointing only towards the guilt of the accused—Circumstances must be consistent only with the hypothesis of guilt and must exclude every possible hypothesis of innocence—If the chain of circumstances is incomplete or doubtful, conviction cannot be sustained. (Paras 26-28, 53) B. Evidence Act, 1872—Section 27—Recovery of articles—Evidentiary value— Mere recovery of currency notes at the instance of the accused is not by itself an incriminating circumstance unless a clear and cogent nexus between the recovered amount and the crime is established—Where recove...
(1) GAUHATI
A. Motor Vehicles Act, 1988—Section 173—Appeal Against Tribunal Award—Tribunal assessed claimant’s functional disability as 63% of the whole body based on a permanent right lower limb injury—Court noted tribunal erred in equating permanent limb disability with functional disability without justification, though claimant’s profession as a vegetable vendor could significantly affect earning capacity—No cross-objection filed; award unaltered—Appeals dismissed. [Para 24] B. Motor Vehicles Act, 1988—Section 166—Assessment of Functional Disability—Following Raj Kumar v. Ajay Kumar (2011) 1 SCC 343, percentage of functional disability must be clarified by medical expert as relating to whole body or specific limb—Tribunal erred in treating limb disability as whole-body fun...
(2) ANDHRA PRADESH
Second appeal, Burden of Proof
A. Civil Procedure Code, 1908—Section 100—Second Appeal—Substantial Question of Law—A second appeal is maintainable only when a substantial question of law arises which materially affects the rights of the parties—Mere reappreciation of facts or evidence does not constitute a substantial question of law, and the High Court should not interfere with concurrent findings of fact where two possible inferences may arise from the evidence. B. Civil Procedure Code, 1908—Section 100—Pleadings and New Contentions—Questions of law which require foundational facts cannot be raised for the first time in second appeal if such facts were not pleaded or proved before the courts below—Contentions not raised in pleadings or evidence before the trial court or the first appellate court are not permiss...
(3) TRIPURA
Bail, Recovery of money
A. Narcotic Drugs and Psychotropic Substances Act, 1985—Section 27-A—Financing Illicit Traffic—Offence of financing illicit traffic requires proof that the accused directly or indirectly provided funds to facilitate activities relating to illicit drug trafficking as defined under Section 2(viii-b) of the Act—Mere investment of one’s own money in a transaction does not automatically constitute “financing” under Section 27-A. [Paras 6–10] B. Recovery of Money—Drug Proceeds—Money recovered along with contraband cannot be presumed to be “drug money” or proceeds of narcotic trade unless the prosecution establishes a clear nexus showing that such funds were used to finance illicit trafficking. [Paras 11–16] C. Nature of Financing Activity—The expression &l...
(4) JAMMU & KASHMIR
Writ petition
A. Preventive Detention—Grounds of Detention—Supply of Dossier—Detenu contended that the dossier forming the basis of detention was not supplied—Court found the plea contradictory as the detenu had admitted in the writ petition that the dossier had been furnished—Hence, the contention regarding non-supply of the dossier was rejected. B. Preventive Detention—Representation—Delay in Consideration—Constitutional safeguards require that a detenu’s representation against the detention order be considered and communicated with utmost promptitude—Unexplained delay in deciding the representation and conveying the decision violates procedural safeguards and renders the detention illegal. C. Judicial Review—Writ Proceedings—The Writ Court failed to examine the crucial iss...
(5) SIKKIM
A. Public Employment—Termination of Service—Suppression of Criminal Cases—Petitioner, appointed as Constable (Washerman) in the Sashastra Seema Bal (SSB), was terminated for allegedly suppressing involvement in two criminal cases during recruitment—One case was found to be falsely alleged after investigation and the other arose from a family dispute which ended in acquittal. B. Employer’s Power—Disclosure in Recruitment—Suppression of material facts in service matters, particularly in disciplined forces, is a serious issue and employers are entitled to scrutinize the conduct and antecedents of candidates before confirming their appointment. C. Consideration of Nature of Offence—Authorities must evaluate the nature of the alleged offence, the circumstances of the case, and whether the o...
(6) MEGHALAYA
Medical Evidence
A. Protection of Children from Sexual Offences Act, 2012—Sections 5(m) & 6 read with IPC, 1860—Sections 377 & 506—Conviction—Medical evidence showing tenderness, redness and stretch marks in the anus of the survivor supported the allegation of sexual assault—Testimony of the victim and his sister was consistent and corroborated by medical evidence—Age of the survivor proved through unchallenged testimony of the mother—Invocation of Section 377 IPC for carnal intercourse against the order of nature held justified—Appeal dismissed and conviction affirmed. [Paras 28–32] B. Criminal Procedure Code, 1973—Section 164—Statement of Victim—Alleged discrepancy between the statement under Section 164 CrPC and court testimony was not proved as no contradiction was elic...
(7) GUJARAT
Murder, Medical Evidence, Burden of Proof
A. Indian Penal Code, 1860—Section 302—Murder—Circumstantial Evidence—Conviction upheld where prosecution established a complete and consistent chain of circumstances proving the guilt of the accused beyond reasonable doubt—The circumstances pointed solely towards the accused and excluded any other hypothesis—Appeal dismissed. [Paras 25, 27, 29–30, 33] B. Evidence Act, 1872—Section 106—Burden of Proof—Where the accused offered a false explanation and failed to prove involvement of any third person, the burden shifted upon him to substantiate his version—Failure to discharge such burden strengthened the prosecution case. [Para 26] C. Evidence Act, 1872—Section 25—Confession to Police—Statement made by the accused to a doctor explaining his injuries, t...
(8) GUJARAT
A. Gujarat Prevention of Anti-Social Activities Act, 1985—Sections 2(c) & 3(4)—Preventive Detention—“Dangerous Person”—Detention order passed on the basis of criminal cases in which the detenu had already been granted bail—Court held that the alleged activities related only to disturbance of law and order and had no nexus with disturbance of public order—Mere involvement in criminal cases does not justify preventive detention unless the acts create fear, panic, or insecurity affecting the community at large—Detention order quashed. [Paras 4, 8–10] B. Preventive Detention—Subjective Satisfaction of Detaining Authority—Subjective satisfaction must be founded on relevant material indicating actual or potential impact on maintenance of public order—In the pre...
(9) CALCUTTA
A. Designs Act, 2000—Sections 2(a) & 2(d)—Graphic User Interface (GUI)—Registrability—Court held that the definition of “article” is broad and not confined to objects having permanent physical form—The misconception that a design must possess tangible embodiment or touch is contrary to the statutory scheme—A GUI may qualify as a “design” if it visually appeals when the article is used for its intended purpose. [Paras 9, 10, 13] B. Interpretation of “Design Applied to an Article”—The phrase “applied to an article by any industrial process” must be interpreted liberally in light of technological developments—Permanence or physical fixation is not a statutory requirement under the Act. [Paras 15, 17] C. Digital Designs and International ...
(10) CALCUTTA
Rejection of plaint
A. Civil Procedure Code, 1908—Order VII Rule 11—Rejection of Plaint—Suit for declaration and injunction relating to property possession cannot be rejected merely on qualitative analysis of cause of action—Rejection under Rule 11 requires bar or non-disclosure to be evident on the face of the plaint—Extraneous documents not relied upon in plaint cannot be considered—Plaint disclosed sufficient cause of action; rejection set aside. [Paras 14, 31, 36, 60] B. Civil Procedure Code, 1908—Order VII Rule 11 Clause (d)—Legal Bar—Trial Judge failed to specify any legal bar apparent from the plaint—Previous suit relating to different premises does not bar subsequent suit unless identity of properties is conclusively established—Rejection under Clause (d) set aside. [Paras 37, 39, 4...