A. Criminal Procedure—Code of Criminal Procedure, 1973—Section 482—Quashing of proceedings—High Court’s inherent power to quash proceedings is to prevent abuse of process and secure ends of justice—Such power must be exercised sparingly, with great caution, and only in rare and appropriate cases. B. Penal Law—Indian Penal Code, 1860—Section 376—Promise of marriage—A prolonged consensual physical relationship between educated adults indicates voluntary cohabitation—Mere failure to marry does not ipso facto constitute rape unless consent was obtained by a false promise from the inception. C. Section 376 IPC—Essential ingredients—Offence under Section 376(2)(n) IPC is not made out where there is no evidence that the promise of marriage existed at the inceptio...

A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 483—Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 21(c), 25, 29, 37—Bail—Commercial quantity— Recovery of 464 grams of heroin—Offence involves commercial quantity—Rigours of Section 37 NDPS Act applicable—Bail can be granted only if twin conditions satisfied, viz. (i) reasonable grounds to believe that accused is not guilty, and (ii) not likely to commit offence while on bail—“Reasonable grounds” means more than prima facie satisfaction—In absence of such satisfaction and existence of prima facie case, bail not maintainable—Application rejected. (Paras 5-8) B. Narcotic Drugs and Psychotropic Substances Act, 1985—Section 37—Bail principles—Scope of judicial scrutin...

A. Prevention of Money-laundering Act, 2002—Sections 8(1), 17(4), 20, 21—Adjudicating Authority (Procedure) Regulations, 2013—Rule 13(2)—Show Cause Notice—Relied Upon Documents (RUDs)— Non-supply of complete RUDs alleged—Service of notice through electronic mode (email/PDF) held valid—However, compliance with Rule 13(2) requires supply of complete relied upon documents—Held, it is for Adjudicating Authority to determine whether documents sought are in fact “relied upon documents”—If found so and not supplied, Authority must direct Enforcement Directorate to furnish the same before proceeding further—Opportunity to file effective reply is integral to fair adjudication—Writ disposed of with directions. (Paras 17, 20, 28-30) B. Prevention of Money-launder...

A. Regular Bail—Code of Criminal Procedure, 1973—Section 439—In a case involving offences under Indian Penal Code, 1860 Sections 420, 467, 468, 471, 120-B (cheating and forgery in a luxury vehicle transaction), bail was granted—The petitioner had been in custody for nearly 10 months, the trial was magisterial in nature, and its conclusion would take considerable time—There was no material indicating risk of absconding or tampering with evidence, making further detention unnecessary. B. Article 21—Article 21 of the Constitution of India—Speedy Trial—The Court emphasized that the right to speedy trial applies irrespective of the seriousness of the offence—Where the State cannot ensure a timely trial, continued incarceration becomes unjustified, and bail should ordinarily be granted. ...

A. Condonation of Delay—Land Acquisition Act, 1894 read with Limitation Act, 1963 Section 5—An extraordinary delay of 3952 days in filing the appeal was condoned by adopting a liberal and justice-oriented approach—The Court emphasized that in land acquisition matters, substantial justice must prevail over technicalities, especially where similarly situated landowners had already been granted enhanced compensation through a common judgment—However, to balance equities, condonation was made subject to denial of interest for the delayed period. B. Enhanced Compensation—Parity Principle—Under Sections 4, 6, and 18 of the Act, where land is acquired through the same notification and covered by a common judgment, all similarly situated landowners are entitled to equal compensation—Denial of such bene...

A. Quashing of Proceedings—Code of Criminal Procedure, 1973—Section 482—The High Court’s inherent power to quash criminal proceedings must be exercised sparingly and with caution—At this stage, the Court cannot undertake appreciation of evidence—Where serious triable issues and disputed questions of fact exist, the matter must proceed to trial rather than be quashed prematurely. B. Cheating—Indian Penal Code, 1860—Section 420—A prima facie offence of cheating is made out when there is dishonest intention from the inception, leading victims to part with money—Collection of large sums from multiple investors followed by diversion or siphoning of funds supports the allegation of cheating. C. Financial Statutes—Applicability—Offences under the Karnataka Protection o...

A. Civil Procedure (Mediation) Rules—Validity & Maintainability—Challenge to the Civil Procedure (Mediation) (Amendment) Rules, 2019 (Bihar) and related reliefs (fees, restructuring, administrative control, etc.) was rejected on the ground of non-impleadment of necessary parties—Petitioners failed to implead newly appointed mediators whose rights would be directly affected—The Court held that a writ under Article 226 cannot be adjudicated in the absence of such vitally affected persons—Petition dismissed. B. Natural Justice—Audi Alteram Partem—The Court reaffirmed the fundamental principle that no adverse order can be passed against a person without hearing them—Deciding a writ petition in the absence of necessary and affected parties amounts to violation of principles of natural just...

A. NDPS Bail—Narcotic Drugs and Psychotropic Substances Act, 1985—Section 37 (Commercial Quantity)—In cases involving commercial quantity, bail is an exception—The Court must be satisfied of the twin conditions: (i) reasonable grounds that the accused is not guilty, and (ii) that the accused is not likely to commit any offence while on bail—Mere prolonged incarceration or delay in trial is insufficient to satisfy these mandatory requirements. B. Scope of Bail Jurisdiction—At the stage of bail, courts should not undertake a detailed appreciation of evidence or examine contradictions in witness statements—Such evaluation falls strictly within the domain of the trial court. C. Speedy Trial—Limitation on Claim by Accused—While the right to speedy trial is recognized, an accused canno...

A. Arbitration—Arbitration and Conciliation Act, 1996—Section 34—Setting aside award—Awards were set aside where the respondent failed to prove their existence and validity—Absence of signed copies and supporting arbitration records led the Court to conclude that no valid awards existed—The purported awards were held vitiated by fraud, patent illegality, and violation of public policy. B. Limitation—Section 34(3)—Limitation to challenge an award begins only upon receipt of a signed copy—Since the petitioner never received signed awards and only photocopies were produced, limitation had not commenced; petitions were held maintainable. C. “No Award” challenge under Section 34—Section 34 permits challenge even on the ground of non-existence of an award—Courts...

A. NDPS Law—Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 22, 25, 37—Bail (commercial quantity)—In a case involving recovery of commercial quantity of Tramadol, the Court held that the stringent conditions under Section 37 were not satisfied—Trial had commenced and some witnesses were examined, but no grounds existed to grant bail—Petition dismissed. B. NDPS Act—Sections 35 & 37—Bail considerations—Grant of bail requires careful evaluation of prosecution material, including role, knowledge, and control over contraband—Bail cannot be granted merely on the ground of prolonged custody or delay in trial without addressing statutory presumptions and prosecution allegations. C. NDPS Act—Section 37—Strict compliance—Offences involving commerci...