A. Electricity Act, 2003—Sections 79, 86, 94—Regulatory Framework—Electricity Sector—Exhaustive Code—Regulatory Residue— The Electricity Act, 2003 constitutes an exhaustive statutory code governing matters relating to electricity. After unbundling of the electricity sector and constitution of the Central and State Regulatory Commissions, there is no unallocated regulatory residue left outside the regulatory bodies. The statutory regulatory regime, including the functions and powers of the Appropriate Commission under Sections 79, 86 and 94, must be considered by the High Court before passing the final order in proceedings under Article 226. [Para 9] B. Electricity Act, 2003—Sections 86(1)(f), 94(3)—Dispute between Licensee and Generating Company—Consumer Interest—Representatio...
A. Evidence Act, 1872—Sections 106, 65-B—Criminal Trial—Circumstantial Evidence—Last Seen Theory—Presence of Dead Body in Leased Flat—Burden of Proof— Where the prosecution failed to establish ownership of the flat, the employment of the alleged watchman and the alleged lease of the flat to the accused, the circumstance of the dead body being recovered from the flat could not be used against the accused under Section 106 of the Evidence Act. Such foundational facts having not been proved, the last-seen theory that the accused had taken the deceased to the flat also became doubtful. [Paras 9–11] B. Evidence Act, 1872—Section 65-B—Electronic Evidence—CCTV Footage—Call Detail Records—Proof and Admissibility— CCTV footage allegedly showing withdrawal of ran...
A. Insolvency and Bankruptcy Code, 2016—Section 5(13)—Corporate Insolvency Resolution Process—CIRP Costs—Time Extension Charges— Time extension/default charges imposed by NOIDA under the lease deed for delay in completion of the project cannot, in the peculiar facts of the case, be treated as CIRP costs so as to burden the homebuyers or the Successful Resolution Applicant (SRA). The delay was attributable to the Corporate Debtor and not to the homebuyers or the SRA, who had pooled their resources and undertaken completion of the project during CIRP; hence, the past default of the Corporate Debtor could not be mulcted upon them as CIRP costs. [Paras 7–11, 13–16]B. Insolvency and Bankruptcy Code, 2016—Section 5(13)—CIRP Costs—Leasehold Property—Time Extension Charges—Default by Corporate Debtor—Homebuyers—Success...
A. National Council for Teacher Education Act, 1993—Sections 3, 12, 19, 27, 32—Teacher Education Institutions—Regulatory Powers—Performance Appraisal Report (PAR)— NCTE, being the statutory regulator entrusted with planned and coordinated development of the teacher education system and maintenance of standards, is empowered under Section 12(k) to evolve suitable performance appraisal systems, norms and mechanisms for enforcing accountability on recognised institutions. The Executive Committee, constituted under Section 19 to discharge functions assigned by the Council, was competent to implement the Council's decision requiring Teacher Education Institutions to submit annual PARs; the Member Secretary was therefore competent to issue the Public Notice dated 22-9-2019. [Paras 12–15, 18–21]B. National Council for Teacher Educa...
A. Motor Vehicles Act, 1988—Motor Accident Claims Tribunal—Compensation—Negligence—Standard of Proof—Preponderance of Probabilities— Proceedings before the MACT are summary in nature and negligence is to be assessed on the touchstone of preponderance of probabilities, and not by the strict criminal standard of proof beyond reasonable doubt; FIR, chargesheet, eyewitness evidence and surrounding circumstances may establish the occurrence and negligent driving. [Paras 6, 11–12]B. Motor Vehicles Act, 1988—Compensation—Permanent Disability—Functional Disability—Loss of Earning Capacity—Medical Disability—Distinction— Assessment of functional disability is required to be based on the victim's capacity to earn in the open and competitive labour market and not merely on continued employment in a specially accommodated ...
A. Indian Penal Code, 1860—Sections 498-A, 306—Cruelty—Abetment of Suicide—Demand of Dowry—General and Hearsay Evidence—Specific Acts of Harassment— Mere allegations of harassment or discord in matrimonial life, stated in general terms without reference to any specific incident of cruelty, torture or unlawful demand, are insufficient to establish the offences under Sections 498-A and 306 IPC; where the prosecution evidence is mostly hearsay, contains material omissions and improvements, and is unsupported by medical or other independent evidence, the charge cannot be held proved beyond reasonable doubt. [Paras 8–11, 14–16] B. Indian Penal Code, 1860—Sections 306, 107—Abetment of Suicide—Essential Ingredients—Mens Rea—Specific Abetment—Mere Matrimo...
A. Constitution of India—Article 142—Caste/Tribe Claim—Invalidation of Caste Certificate—Post-Retirement Benefits—Complete Justice—Exceptional Equities— Though ordinarily invalidation of a caste or tribe claim has consequences in law and an appointment secured on the basis of an invalid caste/tribe certificate would not survive, in exceptional circumstances the Court may exercise its power under Article 142 to do complete justice and protect retiral and pensionary benefits. [Paras 10–14] B. Constitution of India—Article 142—Invalid Caste Certificate—Retiral and Pensionary Benefits—Long Service—Retirement during Pendency of Appeal—Limited Protection— Where the appellant had entered service in 1994 and continued for more than three decades until ret...
A. Karnataka Land Revenue Act, 1964—Section 56(3), Proviso—Revisional Jurisdiction—Limitation—Order Not Appealed Against—Three Years—Exercise of Power Beyond Prescribed Period—Without Jurisdiction; where the statute expressly limits exercise of revisional power in respect of an order against which no appeal has been preferred to three years from the date of such order, invocation of Section 56 revisional jurisdiction beyond that period is barred and without jurisdiction; a fresh enquiry cannot be sustained merely because no adverse final order has yet been passed. [Paras 9–11, 15–17] B. Karnataka Land Revenue Act, 1964—Section 56—Revision—Limitation—Section 52—Limitation Act, 1963—Applicability—Express Statutory Limitation; where Section 56(...
A. Indian Penal Code, 1860—Sections 302, 377, 201—Evidence—Circumstantial Evidence—Last Seen Together—Chain of Circumstances—Proof Beyond Reasonable Doubt— In a case based entirely on circumstantial evidence, the prosecution must establish a complete and unbroken chain of circumstances pointing unerringly towards the guilt of the accused. Where the evidence failed to conclusively establish that the deceased was last seen in the company of the accused and several links in the prosecution case remained missing, conviction could not be sustained. [Paras 27, 33–36, 46–48] B. Indian Evidence Act, 1872—Extra-Judicial Confession—Evidentiary Value—Corroboration—Conviction— An extra-judicial confession is a weak piece of evidence and, ordinarily, cannot by itsel...
A. Hindu Marriage Act, 1955—Section 13(1)(ib)—Divorce—Desertion—Essential Ingredients—Factum of Separation—Animus Deserendi— Desertion requires intentional permanent forsaking and abandonment of one spouse by the other without consent and reasonable cause; it involves both factum of separation and intention to bring cohabitation permanently to an end. Mere physical separation is not by itself sufficient, but animus deserendi may be inferred from the conduct and surrounding circumstances. [Paras 18–19] B. Hindu Marriage Act, 1955—Section 13(1)(ib)—Divorce—Desertion—Refusal to Resume Cohabitation—Conduct of Spouse—Inference of Animus Deserendi— Where the wife had admittedly lived separately for a prolonged period and, despite the husband going to br...
A. Protection of Women from Domestic Violence Act, 2005—Section 12—Interim Maintenance—Domestic Violence—Prima Facie Proof—Independent Income— Relief under the DV Act, including maintenance, is dependent upon prima facie establishment of domestic violence; where the wife’s allegations of cruelty were not corroborated by the contemporaneous compromise or other supporting material and both parties were financially independent, she was not entitled to interim maintenance or other relief. [Paras 9–12] B. Protection of Women from Domestic Violence Act, 2005—Sections 3, 12—Domestic Violence—Maintenance—Physical, Mental or Economic Abuse—Proof— Maintenance under the DV Act can be granted where physical, mental or economic abuse constituting “domestic vio...
A. Code of Civil Procedure, 1908—Order VII Rule 11(a)—Rejection of Plaint—Cause of Action—Meaning and Scope—Meaningful Reading of Plaint— For determining whether a plaint discloses a cause of action, the plaint must be read as a whole and at face value; if it contains the foundational facts which, if proved, would entitle the plaintiff to the relief claimed, the plaint cannot be rejected merely because the claim may ultimately fail on merits. The enquiry is confined to disclosure of a real cause of action and not its eventual proof. [Paras 14–21] B. Code of Civil Procedure, 1908—Order VII Rule 11(a)—Rejection of Plaint—Cause of Action—Pleadings—Written Statement—Defence of Defendant— While considering an objection under Order VII Rule 11(a), the Court i...
A. Hindu Marriage Act, 1955—Section 13—Foreign Divorce Decree—Recognition—Ground of Irretrievable Breakdown of Marriage—Matrimonial Law Governing Parties— Where the marriage was solemnised and registered under the Hindu Marriage Act and the wife had not submitted to the jurisdiction of the foreign court, a foreign divorce decree granted on the ground of “irretrievable breakdown”, which was not a ground available under Section 13 of the Hindu Marriage Act, was not binding on the wife and was held invalid—The foreign court’s jurisdiction and the ground on which matrimonial relief is granted must ordinarily conform to the matrimonial law governing the parties. [Paras 8, 10–12] B. Civil Procedure—Anti-Suit Injunction—Foreign Matrimonial Proceedings—Interloc...
A. Maintenance and Welfare of Parents and Senior Citizens Act, 2007—Sections 7, 8, 9, 21, 27—Eviction—Maintenance Tribunal—Senior Citizen—Protection of Life and Limb—Incidental Relief— The Tribunal has jurisdiction to order eviction of a child or relative only where such eviction is necessary and expedient to ensure the maintenance or protection of the senior citizen, including protection of life and limb; such power is incidental, exceptional and not plenary or unfettered. [Paras 21–24, 28–32] B. Maintenance and Welfare of Parents and Senior Citizens Act, 2007—Sections 7, 8, 9, 21, 23—Eviction—Self-Acquired Property—Shared Household—Daughter-in-Law—Competing Rights— The power of eviction cannot be exercised mechanically merely because the p...
A. Indian Penal Code, 1860—Sections 391, 396—Dacoity with Murder—Essential Ingredients—Nexus Between Dacoity and Murder— For attracting Section 396 IPC, the prosecution must establish that five or more persons conjointly committed dacoity and that murder was committed in the course of, or while committing, such dacoity. The commission of murder and subsequent taking away of property, without establishing that dacoity was the first intention and murder was committed in its course, is insufficient to sustain conviction under Section 396 IPC. [Paras 24–26]B. Indian Penal Code, 1860—Sections 391, 396—Dacoity—Murder—Sudden Encounter—Previous Enmity—Subsequent Taking Away of Property— Where, according to the prosecution case itself, the accused and the deceased party met all of a sudden on the road, firing commenced on...
A. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Sections 3(1)(r), 3(1)(s)—Intentional Insult or Intimidation—Caste-Based Humiliation—Essential Ingredients— Mere insult, abuse or intimidation of a person belonging to a Scheduled Caste or Scheduled Tribe does not constitute an offence under Sections 3(1)(r) or 3(1)(s). It must be shown prima facie that the alleged insult or intimidation was intentional and was made with the intent to humiliate the victim on the ground of his or her belonging to a Scheduled Caste or Scheduled Tribe. [Paras 7–10, 11]B. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Sections 3(1)(r), 3(1)(s)—“Public View”—Private Property Dispute—Essential Requirement— The requirement that the intentional insult or intimidation must occur in a ...
A. Negotiable Instruments Act, 1881—Sections 138, 139—Criminal Procedure Code, 1973—Section 482—Dishonour of Cheque—Quashing of Complaint and Summoning Order—Scope of Interference— Where the complaint and preliminary evidence prima facie disclosed the ingredients of the offence, and the accused did not dispute the signature or issuance of the cheque, the statutory presumption under Section 139 operated in favour of the complainant; whether the cheque was issued towards a legally enforceable liability was a matter to be tested at trial; exercise of inherent jurisdiction under Section 482 being exceptional, the High Court could not undertake a detailed examination of the merits or embark upon appreciation of evidence at the threshold. [Paras 8–12] B. Criminal Procedure Code, 1973—Sect...
A. Protection of Women from Domestic Violence Act, 2005—Sections 12, 18 to 23—Domestic Violence Proceedings—Husband’s Relatives—Specific Role—Omnibus Allegations—Quashing— Where the complaint under Section 12 contains detailed allegations against the husband and certain female relatives, but against the father-in-law and brothers-in-law contains only vague, general and omnibus allegations without any specific act individually attributable to them constituting physical, emotional or economic abuse, continuation of proceedings against such relatives would amount to abuse of process and is liable to be quashed. However, relatives cannot be quashed merely because they are relatives where the complaint discloses specific overacts, active participation or direct involvement. [Paras 10–13, 16...
A. Hindu Marriage Act, 1955—Section 13(1)(ia)—Divorce—Mental Cruelty—Cumulative Effect of Conduct—Prolonged Separation— Mental cruelty has to be determined from the cumulative effect of the conduct of the parties, the duration and nature of the matrimonial relationship, the circumstances leading to separation and the overall effect on the matrimonial bond; isolated trivial irritations, ordinary wear and tear or individual incidents cannot by themselves constitute cruelty—Where persistent matrimonial discord, conduct causing mental anguish and prolonged separation establish that the parties cannot reasonably be expected to resume normal matrimonial life, the ground of cruelty under Section 13(1)(ia) stands made out. [Paras 19–25, 27–29] B. Hindu Marriage Act, 1955—Section 25&md...
A. Hindu Marriage Act, 1955—Section 13(1)(ia)—Divorce—Mental Cruelty—Long Separation—Irretrievable Breakdown— Long separation of more than 26 years, absence of cohabitation and complete breakdown of meaningful matrimonial relationship, coupled with no possibility of reconciliation or reunion, constitute mental cruelty. Where continuation of marriage serves no useful purpose and itself perpetuates cruelty, decree of divorce is justified. [Paras 5–7] B. Hindu Marriage Act, 1955—Section 13(1)(ia)—Divorce—Cruelty—Baseless Character Allegations—Matrimonial Obligations— Unfounded aspersions cast upon the character of the spouse, coupled with prolonged failure to contribute towards the education and marriage of the parties’ daughters, constitute relevant circu...