(1) SUPREME COURT
A. Constitution of India, 1950—Arts. 21, 142—Environment protection—Illegal sand mining in National Chambal Gharial Sanctuary—Judicial intervention—Held: Rampant and organised illegal sand mining within National Chambal Gharial Sanctuary causing grave ecological degradation, destruction of gharial habitat, threat to river ecosystem and danger to public infrastructure—State authorities found to have failed in discharge of statutory and constitutional obligations—Supreme Court, in exercise of powers under Art. 142, issued urgent interim directions to arrest continuing environmental damage and ensure enforcement of rule of law. (Paras 17 to 21) B. Environmental law—Illegal mining—Directions to States—Surveillance, seizure and enforcement—Held: States of Madhya Pradesh, Raja...
(2) SUPREME COURT
Maintenance
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 144—Maintenance to wife—Quantum—Enhancement—Held: Wife living separately and having no independent source of income sought enhancement of maintenance—Husband employed in salaried post with regular income—Maintenance must be fair, reasonable and sufficient to enable wife to live with dignity consistent with status of parties—Amount of Rs 15,000 per month awarded by High Court held inadequate—Enhanced to Rs 25,000 per month. (Paras 10 to 17) B. Maintenance—Assessment of husband’s income—Loan deductions and financial liabilities—Held: Deductions from salary towards loan repayments, particularly where resulting in acquisition or creation of assets, partake character of capital investment and cannot be treated at...
(3) SUPREME COURT
Suit for specific performance
A. Civil Procedure Code, 1908—Section 2(9), Order 14 Rule 1(6), Order 20 Rule 4(2) and Rule 5—Ex parte suits—Framing of issues—Held: In ex parte suit, formal framing of issues is not mandatory where defendant has not presented defence—However, court must still formulate points for determination and record decision thereon with reasons—Failure to frame issues or points for determination, resulting in prejudice to parties or non-consideration of material questions, vitiates trial. (Paras 15, 18, 23, 26, 28 and 32) B. Civil Procedure Code, 1908—Section 2(9)—Order 20 Rule 4(2)—Judgment—Requirements—Held: Judgment in civil suit must contain concise statement of case, points for determination, findings thereon and reasons supporting conclusions—Judgment must be self-cont...
(4) SUPREME COURT
Property Law
A. Civil Procedure Code, 1908—S. 152—Correction/clarification of erroneous judicial observations—Held: Certain observations made by High Court in relation to property dispute found to be factually and legally incorrect—Supreme Court clarified that such observations shall not be construed as findings on title, identity or location of disputed property—Same directed not to prejudice rights of parties—Competent court to determine controversy independently on basis of pleadings, evidence and submissions of parties. (Paras 16, 21 and 30) B. Property law—Dispute as to title, identity and location of immovable property—Erroneous characterisation of claims—Held: High Court mischaracterised claims of parties and earlier judicial directions while dealing with dispute—Erroneous observati...
(5) SUPREME COURT
Eviction suit
A. Bombay Rents, Hotel and Lodging House Rates Control Act, 1947—S. 28—Eviction suit—Bona fide requirement—Subsequent events—Held: Bona fide need of landlord is to be examined with reference to date of institution of suit—Trial Court having decreed eviction on evidence of genuine requirement, Appellate Court was not justified in reversing decree solely on death of plaintiff’s widow—Subsequent events can be considered only if they materially alter or eclipse basis of relief claimed. (Paras 4, 7, 8 and 10) B. Civil Procedure—Subsequent events—Consideration by courts—Held: Subsequent developments in eviction matters must be assessed holistically and in context of their real effect on relief sought—They should not overshadow established bona fide need unless they subst...
(6) SUPREME COURT
Anticipatory bail
A. Bharatiya Nagarik Suraksha Sanhita, 2023—S. 482—Anticipatory bail—Grant of—Bharatiya Nyaya Sanhita, 2023—Ss. 351(2), 64, 74, 75, 79 r/w S. 3(5)—Information Technology Act, 2000—S. 67-A—Held: High Court declined anticipatory bail in case alleging rape, sexual harassment and allied offences—Material on record disclosed prior monetary settlement discussions between parties for payment of Rs 30 crores to bring dispute to quietus—Subsequent FIR against accused lodged after accused had earlier initiated criminal proceedings against complainant and her husband—Prima facie circumstances indicated possibility of counterblast—Accused had already been granted interim protection by Supreme Court and cooperated with investigation—Considering facts and circumstances, accus...
(7) SUPREME COURT
Abetment of Suicide
A. Penal Code, 1860—Ss. 306, 107, 34—Abetment of suicide—Framing of charge—Quashing—Held: For sustaining charge under S. 306 IPC, prosecution must prima facie disclose direct or indirect act of instigation, incitement or intentional aid coupled with clear mens rea and proximate nexus with act of suicide—Mere allegations of illicit relationship with wife of deceased, absent any positive act of provocation or aiding suicide, insufficient to constitute offence—Where even if entire material in charge-sheet accepted at face value ingredients of S. 306 not made out, continuation of proceedings amounts to abuse of process—Charge framed against appellant quashed and appellant discharged. (Paras 10 to 15) B. Penal Code, 1860—Ss. 306, 107—Instigation and mens rea—Held: Instigation...
(8) SUPREME COURT
A. Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974—Ss. 3(1), 8(e)—Constitution of India, 1950—Arts. 22(3)(b), 22(5)—Preventive detention—Right to legal representation before Advisory Board—Held: Detenu has no absolute right to be represented by legal practitioner before Advisory Board—Such right arises only where Detaining Authority or Government takes assistance of legal practitioner/legal adviser before Board—Where officials merely produced records and assisted Board administratively, denial of legal assistance to detenus did not vitiate proceedings. (Paras 19 to 22) B. Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974—S. 3(1)—Preventive detention—Supply of relied upon documents and disposal of represent...
(9) SUPREME COURT
A. Legal Services Authorities Act, 1987—Art. 39-A of the Constitution of India—Legal aid as fundamental right—Systemic delays in legal aid mechanism—Held: Delay in providing effective legal aid services to convicts, including delay in translation, digitization of records and filing of appeals, defeats access to justice—Legal aid being facet of constitutional mandate under Art. 39-A, Supreme Court issued binding timelines for translation, digitization and transmission of records in legal aid matters—High Courts directed to adopt structural reforms including empanelment of qualified translators, creation of digital platforms and streamlined procedures to ensure timely access to justice. (Paras 6, 7, 10, 12 and 13) B. Criminal Justice System—Legal aid SOP (2025)—Implementation and compliance...
(10) SUPREME COURT
Industrial dispute
A. Industrial Disputes Act, 1947—Workmen’s dues—Arbitration and quantification—Held: Arbitrators’ reports laid down principles for computation of dues payable to workmen—Verification, adjudication and disbursement process directed to be undertaken in time-bound manner so as to resolve long-pending claims of workmen and secure expeditious payment. (Paras 179 to 183) B. Sick Industrial Companies (Special Provisions) Act, 1985—Repeal and abatement—Effect thereof—Held: Upon repeal of SICA, pending appeals before AAIFR stood abated—Earlier recommendation for winding up of Jaipur Udyog Ltd. revived—GDCL having failed to approach NCLT under Insolvency and Bankruptcy framework lost any locus to deal with assets of company. (Paras 173 to 176) C. Company law—Assets of com...
(1) BOMBAY
Divorce, DNA Test
A. Hindu Marriage Act, 1955—Section 13(1)(i)—Evidence Act, 1872—Section 112—Divorce—Paternity—DNA test—Husband disputing paternity of child born during subsistence of marriage—DNA test directed by trial court—Held, DNA test may be ordered to aid adjudication of matrimonial dispute, including allegation of infidelity—However, it cannot be used to declare child illegitimate unless presumption under Section 112 is rebutted by proof of non-access. [Paras 12–13, 17] B. Evidence Act, 1872—Section 112—Presumption of legitimacy—DNA evidence—Strong statutory presumption in favour of legitimacy of child born during marriage—Held, such presumption can be displaced only by clear proof of non-access—DNA test alone insufficient to rebut presump...
(2) ALLAHABAD
Summoning order
Penal Code, 1860—Section 498-A, 323, 504, 506—Dowry Prohibition Act, 1961—Section 3 and 4—Criminal Procedure Code, 1973—Section 482—Matrimonial cruelty—Complaint case—Summoning order—Quashing for—It is clear that the divorce suit filed by husband has been decreed as cruelty is not proved against him, rather it is proved against the wife. The other important fact to be noted here that the complaint has filed after one year and nine months after alleged incident that too without any medical report. Further, the complaint does not indicate that at any point of time, the wife made any attempt to lodge the case before the police. The cross-examination of the sister of the wife in proceedings u/s 125 Cr.P.C. further indicates that she had no knowledge about the factum of the present ca...
(3) KARNATAKA
Quashing of proceeding
A. Penal Code, 1860—Sections 498-A, 323, 34—Dowry Prohibition Act, 1961—Section 4—Quashing of proceedings—Criminal proceedings arising out of matrimonial dispute—Parties entered into settlement through mediation and obtained divorce by mutual consent—All disputes including maintenance, property and future claims settled—Held, continuation of criminal proceedings would serve no purpose—Proceedings liable to be quashed. B. Criminal Procedure Code, 1973—Section 482—Quashing on basis of settlement—Settlement arrived voluntarily without coercion or fraud—Parties agreed to withdraw all litigations and cooperate in quashing proceedings—Held, in matrimonial disputes of private nature, High Court justified in exercising inherent powers to quash proceedings to se...
(4) CALCUTTA
Cruelty, Divorce
A. Hindu Marriage Act, 1955—Section 13(1)(ia)—Divorce—Cruelty—False and baseless criminal complaints filed by wife against husband and his family—Resulting in harassment, mental agony and loss of reputation—Held, such conduct amounts to mental cruelty warranting dissolution of marriage. [Paras 19, 46, 50–51] B. Hindu Marriage Act, 1955—Section 13(1)(ia)—Divorce—Irretrievable breakdown—Parties living separately for over 17 years with no resumption of cohabitation—Held, though irretrievable breakdown is not a statutory ground, long separation coupled with absence of reconciliation constitutes mental cruelty—Divorce justified. [Paras 52, 57–58] C. Hindu Marriage Act, 1955—Section 25—Permanent alimony—No application for perman...
(5) GAUHATI
Maintenance
Criminal Procedure Code, 1973—Section 125(1)(b) & (c)—Maintenance of children—High Court in revisional jurisdiction cannot grant or extend maintenance beyond age of majority except where child suffers from physical or mental abnormality or injury rendering it unable to maintain itself—Direction of Supreme Court in Chandrashekar v. Swapnil issued in exercise of powers under Article 142—Such power not available to High Courts. [Paras 9–11] ...
(6) TRIPURA
Bail, NDPS
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 483—Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 21(c), 25, 29, 37, 50—Bail—Commercial quantity—Rigours of Section 37—Where contraband of commercial quantity is involved, rigours of Section 37 NDPS Act apply and bail cannot be granted unless twin conditions are satisfied—Mere procedural objections or arguments on merits are insufficient to dilute statutory embargo—Bail rejected. [Paras 24, 25] B. Narcotic Drugs and Psychotropic Substances Act, 1985—Section 50—Compliance—Stage of consideration—Question whether mandatory safeguards under Section 50 have been complied with or not is a matter to be examined during trial and not at the stage of bail—Court should refrain from undertakin...
(7) ALLAHABAD
Maintainability
A. Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Sections 32, 34, 35—Constitution of India—Articles 226 & 227—Maintainability—Orders passed by Rent Tribunal under Section 35, presided over by District Judge/ADJ, are judicial orders of a Civil Court—Such orders are not amenable to writ jurisdiction under Article 226—Remedy lies under supervisory jurisdiction under Article 227.[Paras 30, 31, 46, 54] B. Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Sections 32, 34, 35—Rent Tribunal—Nature—Persona designata vs Civil Court—Rent Tribunal is presided by District Judge/ADJ as a pre-existing judicial authority, not as persona designata—Exercises powers of Civil Court, renders binding adjudications, and forms part of judicial hierarchy...
(8) PATNA
Investigation
A. Indian Penal Code, 1860—Section 302 read with Section 34—Arms Act, 1959—Section 27—Code of Criminal Procedure, 1973—Section 313—Appreciation of evidence—Related witnesses—Conviction can be sustained on the basis of testimony of related witnesses if found reliable and trustworthy—Mere absence of independent witnesses is not fatal—Minor contradictions regarding place or manner of presence of witnesses do not affect core prosecution case—Interested witnesses cannot be discarded solely on ground of relationship. [Paras 46, 53, 65] B. Code of Criminal Procedure, 1973—Sections 174, 154, 156—Investigation—Inquest—Commencement prior to FIR—Proceedings under Section 174 CrPC (inquest) are distinct from investigation of cognizable offence&mdas...
(9) HIMACHAL PRADESH
Quashing of proceeding
A. Criminal Procedure Code, 1973—Section 482 and Protection of Women from Domestic Violence Act, 2005—Sections 20(6) and 31—Quashing of proceedings—Compromise—FIR alleging domestic violence and harassment—Parties entered into amicable settlement—Held, where offences are personal in nature and do not involve serious or heinous crimes, High Court may exercise inherent powers to quash proceedings—Continuation of proceedings would amount to abuse of process. [Paras 6, 8, 11] B. Criminal Procedure Code, 1973—Section 482—Quashing on basis of compromise—Guidelines—Principles laid down in Narinder Singh v. State of Punjab reiterated—Power to quash to be exercised sparingly and with caution—Permissible in cases having predominantly civil or matrimonial flavour&m...