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. 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. Code of Criminal Procedure, 1973—Section 439—Regular Bail—Prolonged Custody—Investigation Complete—Charge-Sheet Filed—Advanced Age—Delayed FIR— Where the accused was aged about 74 years, had remained in custody for approximately six months, investigation had been completed and charge-sheets had already been filed, and the alleged transactions substantially pre-dated registration of the FIRs, continued incarceration was not warranted; regular bail granted. [Paras 4–11] B. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 483—Regular Bail—Offences under IPC Sections 420, 406 and BNS Sections 318(4), 352, 61(2), read with SC/ST Act Sections 3(1)(r), 3(1)(s), 3(2)(va)—No Further Custodial Requirement— In view of completion of investigation, filing of char...
A. Gujarat Prohibition Act, 1949—Section 98(2)—Confiscation of Vehicle—Interim Custody—Seized Vehicle—Statutory Embargo—Code of Criminal Procedure, 1973—Section 451— The embargo contained in Section 98(2) of the Gujarat Prohibition Act against release of a vehicle carrying liquor exceeding the prescribed quantity is not absolute; where the seized vehicle is produced before the Criminal Court, the Trial Court is required to exercise its powers under Section 451 CrPC and consider interim custody in accordance with settled principles. [Paras 10–11, 16] B. Code of Criminal Procedure, 1973—Sections 451, 457, 458 and 459—Seized Vehicle—Interim Custody—Exercise of Discretion—Owner's Interest—Preservation of Evidence— Courts possess broad discre...
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. 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. Constitution of India—Arts. 246, 254—Legislative competence—Repugnancy—U.P. Regulation of Urban Premises Tenancy Act, 2021—Presidential assent— Regulation of landlord-tenant relationship in respect of houses and buildings falls within the Concurrent Legislative field and not exclusively within Entry 18 of List II—Where provisions of the U.P. Regulation of Urban Premises Tenancy Act, 2021 were repugnant to the Transfer of Property Act, 1882 and the Provincial Small Cause Courts Act, 1887 read with the U.P. Civil Laws (Amendment) Act, 1972, all referable to the Concurrent List, such repugnancy could prevail in the State only upon compliance with Art. 254(2) by reservation of the State legislation for consideration of the President and obtaining Presidential assent—Impugned Act, having been ...
A. Special Marriage Act, 1954—Section 27(1)(d)—Divorce—Mental cruelty—Conduct of wife—Unsubstantiated grave allegations against husband and his family—Held, where a wife makes serious allegations such as molestation of the minor child by the mother-in-law, misappropriation of her parental property, dowry demands and forcible abortion, but fails to support such allegations by contemporaneous complaints, independent evidence, medical material or documentary proof, and her own admissions in cross-examination materially undermine those allegations, such conduct may constitute mental cruelty—In the present case, the allegations were not merely unproved but were of such a grave nature as to humiliate and seriously demean the husband and his family. [Paras 56(v), 59, 66-72] B. Special Marriage Ac...
A. Provincial Small Cause Courts Act, 1887—Section 25—Code of Civil Procedure, 1908—Order VII Rules 11(a) and 11(d)—U.P. Regulation of Urban Premises Tenancy Act, 2021—Section 38—Eviction Suit—Maintainability and Jurisdiction— Order VII Rule 11(a) and (d) CPC ke application par plaint ko whole as a whole read kiya jana hai; defence ya disputed questions of fact ko ordinarily consider nahi kiya ja sakta—Where plaint discloses landlord-tenant relationship, default, notice and claim for eviction and arrears, it discloses cause of action—Statutory bar under Section 38 must be apparent from plaint itself. (Paras 28–30, 42–43, 50–51) B. U.P. Regulation of Urban Premises Tenancy Act, 2021—Sections 4, 21 and 38—Absence of Written Tenancy Agreement—J...
A. Negotiable Instruments Act, 1881—Section 138—Appeal against acquittal—Scope of appellate interference—An appellate Court, while examining an acquittal U/s 138 of the NI Act, is not required to substitute its own view merely because another view is possible; interference is warranted only where the view adopted by the Trial Court is impossible, perverse, wholly unsustainable or manifestly illegal—Where the Trial Court has taken a reasonable view on the evidence, the acquittal deserves to be maintained. (Para 12 and 25) B. Negotiable Instruments Act, 1881—Sections 118 and 139—Presumption in favour of holder—Acquittal in cheque dishonour case—Standard of appellate scrutiny—The general restrictions governing interference with an acquittal cannot be applied with identical rigour...
A. Specific Relief Act, 1963—Co-sharer—Injunction against construction on joint property—A co-sharer cannot ordinarily be restrained from raising construction on joint property merely because the property has not been partitioned; however, where the construction would diminish the value or utility of the common property, materially prejudice the rights or enjoyment of other co-sharers, or amount to ouster of a co-owner, injunction can be granted. In the present case, defendant’s denial of plaintiff’s co-ownership and proposed construction over the only vacant portion of the joint property would prejudice the rights of the other co-owners and amount to ouster; injunction therefore rightly granted. (Paras 15–19) B. Civil Procedure Code, 1908—Section 100—Second appeal—Substantial quest...
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 438 (corresponding to Section 397 CrPC)—Revisional jurisdiction—Scope—High Court, while exercising revisional jurisdiction, cannot reappreciate evidence as an appellate court and interfere with concurrent findings unless there is perversity, glaring contradiction, illegality or miscarriage of justice warranting interference. (Paras 12–13, 28–30) B. Indian Forest Act, 1927—Sections 41, 42—HP Forest Produce Transit (Land Routes) Rules, 1978—Rule 20—Conviction for violation of transit requirements—Specific accusation/charge necessary—Where the accused was not specifically informed of the alleged violation of Rule 20, conviction on such ground causes prejudice; prosecution must further establish by reliable and scient...