A. Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8, 20(b)(ii)(C)—Bail—Parity—Role of accused—Driver and co-passenger granted bail—Prolonged incarceration— Where the appellant had remained in custody since 24.10.2024, except for a short period of interim bail, was allegedly only seeking a lift in the vehicle carrying the contraband, and the driver as well as co-passenger had already been granted bail, the appellant was held entitled to bail on the principle of parity, subject to appropriate conditions. [Paras 4–6] B. Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8, 20(b)(ii)(C)—Bail—Trial—Prosecution witnesses—Expeditious trial— Where the appellant had undergone prolonged incarceration and only four out of nine prosecution...
A. Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8, 15—Bail—Parity—Conscious possession—Driver of vehicle—Co-accused in actual possession granted bail— Where the appellant was merely driving the vehicle in which 70.400 kg of poppy straw was found, the allegation of conscious possession was disputed, and the co-accused alleged to be in actual possession had already been granted bail, the appellant was held entitled to bail on the principle of parity, subject to appropriate conditions. [Paras 4–6] B. Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8, 15—Bail—Trial—Witnesses—Expeditious conclusion— Mere pendency of trial, where twelve out of nineteen prosecution witnesses had already been examined and only seven remained, was ...
Criminal Procedure—Bail—Prolonged incarceration—Trial commenced but not likely to conclude in near future—Right to liberty— Where the accused had remained in custody since 2016, trials in both criminal cases had commenced but there was no possibility of their conclusion in the near future, prolonged incarceration by itself justified grant of regular bail, subject to appropriate conditions; accused directed to cooperate with trial and not unduly delay the proceedings. [Paras 3–5] ...
A. Indian Stamp Act, 1899—Section 47-A—Undervaluation of instrument—Reference by Registering Authority—“Reason to believe”—Fraudulent intention— For invoking Section 47-A, the Registering Authority must have relevant material giving it reason to believe that the market value or consideration has not been truly set forth in the instrument; the provision, on its plain terms, does not expressly require proof of wilful undervaluation or fraudulent intention to evade stamp duty as an independent jurisdictional condition. [Paras 16–20, 22–24] B. Indian Stamp Act, 1899—Section 47-A—Market value—Guideline value—Undervaluation—Enquiry— The object of Section 47-A is to protect State revenue by enabling the competent authority to determine the true mar...
A. Environment (Protection) Act, 1986—Sections 6, 8, 25—Bio-Medical Waste Management Rules, 2016—Revised Guidelines, 2016—Common Bio-Medical Waste Treatment Facility—Mandatory Guidelines— Revised Guidelines, 2016 framed under the statutory scheme of the Environment (Protection) Act and Bio-Medical Waste Management Rules are mandatory and binding. Their non-publication in the Official Gazette does not by itself affect their enforceability where the parent statute prescribes no specific mode of publication and publication on CPCB’s official website is reasonably sufficient. [Paras 37–54] B. Revised Guidelines for Common Bio-Medical Waste Treatment and Disposal Facilities, 2016—Clause 7—Land Requirement—Relaxation—Common Bio-Medical Waste Treatment Facility— One...
A. Bharatiya Nyaya Sanhita, 2023—Sections 318(4), 316(2), 338, 336(3), 340(2), 296(b), 351(2), 61(2)—Interim Bail—Death of Mother—Last Rites— Where the accused’s mother had passed away only a day earlier and the accused sought interim bail to attend her funeral and perform the last rites, interim bail granted till 21.09.2026, subject to terms and conditions imposed by the Trial Court. [Paras 1–6] B. Interim Bail—Conditions—Return to Custody—Property in Dispute— Interim bail granted till 21.09.2026 with direction to surrender before the concerned jail authorities by 22.09.2026 at 5 p.m.; accused further restrained, during the interim period, from executing any document concerning the property forming the subject matter of the two FIRs. [Paras 5–7] ...
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...
Negotiable Instruments Act, 1881—Section 148—Appeal against conviction under Section 138—Pre-deposit of 20%—Director who is not drawer/signatory of cheque—Applicability— Section 148, which empowers the Appellate Court to order deposit of a minimum of 20% of the fine or compensation, applies to an appeal by the drawer against conviction under Section 138; where the appellant-director was not the signatory of the cheque and was admittedly not the drawer, the condition of 20% pre-deposit could not be imposed upon him and the appellate order directing such deposit was set aside. [Paras 9–14] ...
A. Negotiable Instruments Act, 1881—Section 138—Dishonour of cheque—Section 139—Statutory presumption—Rebuttal— Where the accused issued a cheque towards repayment of the amount received for investment, the cheque was repeatedly dishonoured for insufficiency of funds, and the statutory presumption under Section 139 remained unrebutted by cogent material or defence evidence, conviction under Section 138 was held sustainable. [Para 12] B. Penal Code, 1860—Sections 406, 420, 34—Criminal breach of trust—Cheating—Common intention—Father-son relationship—Mere introduction or relationship—Insufficient evidence— Mere introduction of the accused's son to the complainant or existence of a friendly relationship does not establish dishonest intention, entrustme...
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. Negotiable Instruments Act, 1881—Sections 30, 37—Dishonoured cheques—Suit for recovery—Liability—Original transaction—Proof— Where the suit is founded upon dishonoured cheques, the liability thereunder is statutory and the suit is not one upon the original transaction; once execution and issuance of the cheques are established and their issuance is not specifically denied, failure to independently prove the original loan transaction does not defeat the claim. [Paras 8–10] B. Limitation Act, 1963—Article 40—Suit on dishonoured instrument—Limitation—Date of dishonour—Separate cheques— A suit upon a dishonoured instrument is governed by a three-year limitation period commencing from the date of dishonour; claim relating to a cheque dishonoured on 11.08....
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. Negotiable Instruments Act, 1881—Section 138—Partnership Firm—Partner—Vicarious Liability—In-charge and Responsible for Day-to-Day Affairs— Complaint specifically alleged that petitioner-partner was in-charge of and responsible for day-to-day affairs and operations of the partnership firm—Partnership Deed also described petitioner as a working partner responsible for and entitled to carry out day-to-day functioning of the firm—Such specific averments and supporting material were sufficient to decline quashing of proceedings—Defence that petitioner was inactive partner could not be conclusively determined at the stage of inherent jurisdiction. [Paras 10–16, 21] B. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 528—Inherent Powers—Quashing of Proceedings u...
A. Negotiable Instruments Act, 1881—Sections 118, 138 and 139—Dishonoured Cheque—Legally Enforceable Debt or Liability—Burden of Proof— In a prosecution under Section 138, complainant must first establish the existence of a legally enforceable debt or liability before presumptions under Sections 118 and 139 can operate—Alleged sale of bananas worth Rs.3,15,000/- was not supported by documentary or other cogent evidence—Failure to establish date, quantity and value of the alleged transaction rendered the foundational liability unproved—Acquittal of accused, therefore, was held justified. [Paras 8–9, 12] B. Negotiable Instruments Act, 1881—Sections 118, 138 and 139—Cheque—Material Alteration—Alteration in Amount without Consent—Validity— Cheque orig...
A. Negotiable Instruments Act, 1881—Section 147—Offence under Section 138—Compounding after Conviction—Settlement between Parties— Where the entire compensation amount was paid to the complainant and the complainant consented to settlement, the High Court could exercise power under Section 147 to compound the offence even after conviction and dismissal of appeal—No separate application for compounding was necessary where the complainant expressly had no objection—Following Damodar S. Prabhu v. Sayed Babalal H., (2010) 5 SCC 663, the conviction and sentence were set aside and accused was acquitted. [Paras 6–10] B. Negotiable Instruments Act, 1881—Section 147—Compounding of Offence under Section 138—Compounding Fee and Litigation Charges— On compounding of the offenc...
A. Bharatiya Nyaya Sanhita, 2023—Section 290—Negotiable Instruments Act, 1881—Section 138—Proclaimed Person—Compromise—Withdrawal of Main Complaint— Proceedings under Section 290 BNS may constitute an independent offence — however, where such proceedings arose solely from non-appearance in a Section 138 NI Act complaint and the substantive complaint was subsequently compromised and withdrawn, continuation of Section 290 proceedings serves no useful purpose — Such continuation amounts to abuse of process of law — FIR and consequential proceedings were therefore quashed. [Paras 8–11, 14] B. Code of Criminal Procedure, 1973—Section 195—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 290—Proclaimed Person—FIR—Cognizance—Mandatory Co...