A. Education Law—Degree validity—University established under statute later declared ultra vires—Effect on students who had already passed out—University established under Chhattisgarh Niji Kshetra Vishwavidyalaya Act, 2002—Act subsequently declared ultra vires by Supreme Court in Prof. Yash Pal v. State of Chhattisgarh (2005)—Appellants had obtained B.Lib degree in 2004 prior to declaration—Held, students who had studied and obtained degrees when university was functioning under colour of valid statute cannot be penalised for subsequent invalidation of Act—Absence of fraud or misrepresentation on part of appellants—Degrees protected—Termination of services solely on ground of invalidity of Act unsustainable. [Paras 12, 13, 16] B. Service Law—Termination—Appoi...

A. Limitation Act, 1963—Article 135—Enforcement of decree granting mandatory injunction—Limitation—Execution application under Order XXI Rule 32 CPC seeking enforcement of decree granting mandatory injunction—Decree of First Appellate Court did not fix any specific date for performance—Execution filed more than three years after date of decree—Held, in absence of any date fixed for performance, limitation under Art. 135 commences from date of decree—Application clearly barred by limitation—Execution Court justified in dismissing the application—No interference warranted. [Paras 4 to 6] B. Code of Civil Procedure, 1908—Order 21 Rule 32—Execution of decree for mandatory injunction—Scope—Where execution petition confined only to enforcement of mandato...

A. Penal Code, 1860—Sections 306 and 107—Suicide pact—Surviving partner—Criminal liability—Participation in suicide pact—Reciprocal commitment between parties provides the necessary moral support and impetus to commit suicide—Where one partner survives, such participation constitutes intentional aiding and instigation within meaning of S. 107 IPC—Surviving partner legally culpable under S. 306 IPC for abetment of suicide—Survival does not dilute culpability as acts of participants are interdependent in execution of pact. [Paras 117 to 119] B. Penal Code, 1860—Section 306—Abetment of suicide—Procurement and joint consumption of lethal poison—Accused procured highly toxic organophosphate pesticide and consumed it along with deceased—Knowledge of toxi...

A. Penal Code, 1860—Sections 307, 326 and 324—Sentencing—Reduction of sentence by High Court—Legality—Accused convicted for causing grievous and life-threatening stab injuries—Trial Court imposed sentence of three years’ rigorous imprisonment—High Court reduced sentence to period already undergone (two months) and enhanced fine—Held, reduction wholly unjustified and contrary to settled principles of sentencing—Courts must ensure punishment is commensurate with gravity of offence—Undue leniency erodes public confidence in justice system and defeats deterrent object of criminal law—Sentence restored. [Paras 18 to 27] B. Criminal Justice Administration—Sentencing policy—Balancing factors—Sentencing requires balancing aggravating and mitigating c...

A. Criminal Procedure Code, 1973—Sections 29, 209 and 323—Bail—Grant by High Court—Validity—Accused charged under Ss. 406, 409, 420, 467, 468, 471 IPC, etc.—High Court granted bail on ground that offences triable by Magistrate and on principle of parity—Accused had criminal antecedents, multiple FIRs in different jurisdictions, operated under several aliases with forged IDs and had earlier absconded after obtaining bail—Held, High Court’s assumption that case was triable by Magistrate was premature in view of serious offences punishable with life imprisonment—Power of committal under Ss. 209 and 323 CrPC overlooked—Failure to consider criminal history and distinctive features of case rendered order perverse—Bail order set aside. [Paras 12, 14, 22, 24] B. Bail&...

A. Constitution of India—Article 226—Writ jurisdiction—Maintainability against private society—Registered housing society comprising government employees—Land allotted by Government—Allegations of lack of transparency, fairness and reasonableness in allotment of flats—Governing Body comprised ex officio Government officers—Held, writ petition maintainable—When actions of such society bear public law element and reflect arbitrariness or violation of fairness in distribution of housing benefits, High Court justified in invoking jurisdiction under Art. 226. [Para 5] B. Societies Registration Act, 1860—Housing allotment—Preferential allotment to Governing Body member—Legality—Bye-laws permitted allotment only to eligible members fulfilling service and pay cr...

A. Evidence Act, 1872—Sections 8 and 27—Circumstantial evidence—Recovery pursuant to statement—Admissibility and evidentiary value—Recovery of bone remnants allegedly at instance of accused—Accused not in police custody at time of recording statement under S. 27—S. 27 therefore not attracted—Recovery admissible under S. 8 as conduct of accused—DNA profiling matched remains with deceased—Held, such recovery evidence only corroborative in nature—Cannot independently establish guilt in absence of complete chain of circumstances. [Paras 10, 11, 15, 18] B. Criminal Procedure Code, 1973—Section 313—Evidence Act, 1872—Section 106—Accused’s explanation—Scope—Accused denied DNA matching evidence and offered no explanation regarding l...

A. Contempt of Courts Act, 1971—Civil contempt—Wilful disobedience of order of Supreme Court—Undertaking filed before Court—Payment of ₹4 crores with interest within stipulated period—Non-compliance despite expiry of time—Subsequent assurance before Court to deposit ₹1 crore not honoured—No material placed to establish bona fide inability—Dishonour of cheque relied upon without initiating action against drawer—Held, conduct indicates deliberate and wilful disobedience—Contemnor held guilty—Matter posted for hearing on punishment. [Paras 4 to 7] B. Contempt proceedings—Liability of company and its Directors—Company failed to comply with money decree executable undertaking—Other Directors impleaded—Notice issued to explain non-compliance&md...

Criminal Procedure—Custodial safeguards—Direction regarding electronic device—Pen drive furnished to detenu in custody directed to be taken into possession by Jail Authorities; to be kept in a sealed box in the presence of the detenu and forwarded to the Court. Concerned Jail Authorities directed to ensure strict compliance with the said direction. [Para 2] ...

A. Criminal Procedure Code, 1973—Section 389—Suspension of sentence pending appeal—Life imprisonment—Prolonged incarceration—Appeal pending for nearly a decade—Appellant convicted under Ss. 302/34 IPC and S. 27 Arms Act and sentenced to life imprisonment—Appeal filed in 2016 pending before High Court—Application for suspension of sentence rejected though appellant had undergone more than 11 years’ incarceration—Interim bail granted for three months only—Held, continued incarceration during pendency of appeal for inordinate period amounts to serious failure of justice—Right of appeal under S. 374(2) CrPC is a statutory right—If appeal ultimately succeeds, irreparable injustice would result—Delay not attributable to appellant—Following Kashmira Singh v...