A. Negotiable Instruments Act, 1881—Sections 118, 139—Presumption—Rebuttal—Held: Once issuance of cheque and signature thereon are admitted or proved, statutory presumption arises that cheque was issued towards discharge of legally enforceable debt—Burden shifts on accused to rebut presumption on preponderance of probabilities—Failure to lead evidence or raise probable defence results in conviction. (Paras 6–8, 12) B. Negotiable Instruments Act, 1881—Section 138—“Security cheque”—Liability—Held: Dishonour of cheque issued as “security” also attracts offence under Section 138, if it relates to a subsisting liability and becomes enforceable on default—There is no statutory exemption for security cheques under the Act. (Paras 10–11) ...

A. Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Section 35(1)—Appeal—Pre-deposit—Nature—Held: Requirement of pre-deposit of 50% of adjudicated amount is mandatory and jurisdictional—Use of expression “no appeal shall lie” makes it a condition precedent for institution of appeal—In absence of such deposit, appeal is non-est and not maintainable in law. (Paras 27–29, 55) B. Limitation—Pre-deposit—Interplay—Held: Pre-deposit and limitation are cumulative requirements—Deposit made beyond limitation does not validate an otherwise incompetent appeal—Appeal is treated as instituted only upon compliance of pre-deposit, and delay must be separately explained and condoned—Pre-deposit cannot cure limitation defect. (Paras 31–33, 4...

Constitution of India, 1949—Article 226—Custody of minor child—Writ jurisdiction—Natural guardian—After the death of the mother, custody of a 13-month-old child was claimed by the father as natural guardian—The child was in the care of maternal relatives—In the absence of any material showing the father to be unfit and considering his financial stability and ability to provide proper upbringing, the father’s legal and natural claim prevails—Welfare of the child does not justify denial of custody to the father merely on preference for maternal relatives—Mere claim that maternal relatives would better serve child’s welfare does not override father’s legal right —To preserve child’s emotional bond with father, custody directed to be given to him—Materna...

Hindu Law (Mulla, 22nd Edn.)—Artcles 241 & 254—Karta—Powers & Alienation—Legal Necessity—Binding Effect of—Karta of a Hindu Undivided Family is its supreme manager and legal representative, empowered to manage family affairs, represent it in proceedings, incur debts, and alienate coparcenary property—Such alienation is valid and binding on all coparceners, including minors and widows, if made for legal necessity or benefit of estate, with a presumption of validity attaching to Karta’s acts—Existence of legal necessity is fact-specific; discharge of tax liabilities of family business constitutes legal necessity—Once such necessity is proved, the alienation cannot be challenged by any coparcener. A. Specific Relief Act, 1963—Section 10 (prior to amendment)—Sp...

A. Negotiable Instruments Act, 1881—Section 143-A—Sections 138 and 142—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 528—Interim compensation—Discretionary power—Held: Power under S. 143-A NI Act to grant interim compensation is discretionary and not mandatory—Use of expression “may” requires judicial application of mind—Court must prima facie evaluate complainant’s case and defence of accused before granting such relief—Mechanical exercise of power without consideration of defence (such as denial of signature) is impermissible—Impugned order granting 10% compensation set aside. (Paras 16 to 20, 23 to 25) B. Negotiable Instruments Act, 1881—Section 143-A—Interim compensation—Requirement of reasons and quantum—Held: Grant of in...

A. Code of Criminal Procedure, 1973—Section 372 proviso, Section 2(wa), Section 378(4)—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 413, Section 2(1)(y), Section 419(4)—Negotiable Instruments Act, 1881—Section 138—Appeal against acquittal—Complainant as “victim”—Maintainability—Held: In cheque dishonour cases, complainant who suffers pecuniary loss is a “victim” within meaning of S. 2(wa) CrPC / S. 2(1)(y) BNSS—Such complainant has independent statutory right to file appeal against acquittal under proviso to S. 372 CrPC / S. 413 BNSS—Resort to S. 378(4) CrPC / S. 419(4) BNSS not mandatory—Victim’s right of appeal is substantive and not diluted merely because case instituted on complaint. (Paras 11 to 18, 21) B. Code of Criminal Pro...

A. Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Section 35(1)—Appeal—Pre-deposit—Continuing obligation—Held: Pre-deposit of 50% of “entire amount payable” is mandatory and not confined to a one-time deposit at the time of filing appeal—Where impugned order creates recurring liability (e.g., revised rent), obligation extends to continuous deposit during pendency of appeal—Requirement is dynamic and subsists so long as liability continues. (Paras 14–17, 23.3–23.4) B. Rent law—Recurring liability—Interpretation of “entire amount payable”—Held: Expression “entire amount payable” includes ongoing accruals and cannot be restricted to amount due on date of appeal—Restrictive interpretation would defeat legislative ...

A. Hindu Succession Act, 1956—Section 14—Civil Procedure Code, 1908—Order VII Rule 11— Rejection of plaint—Suit by son and daughter claiming property in mother’s name as HUF property—Held, not maintainable—Any property purchased by female Hindu whether before or after the commencement of the Act shall be held by her as full owner thereof and not as a limited owner—Where property is purchased in the name of a female Hindu after commencement of the Act, she becomes its absolute owner U/s 14, irrespective of source of consideration, unless a restricted estate is shown—Mere bald assertion by daughter and son that property was acquired from Hindu undivided family funds, without proof of nucleus, is insufficient—Therefore, even if consideration was provided by husband, title vest...

A. Constitution of India—Article 227—Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Sections 21(2)(b), 4(3) and 4(7)—Eviction—Scope of supervisory jurisdiction—Held: High Court will not interfere with concurrent findings of Rent Authority and Rent Tribunal where landlord-tenant relationship and statutory default stand proved—Non-compliance with S. 4(3) constitutes a valid ground for eviction under S. 4(7)—Eviction orders upheld. (Paras 2–4) B. Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Sections 21 and 4—Grounds of eviction—Statutory non-compliance—Held: Even if default prior to commencement of Act may not independently justify eviction, admitted non-furnishing of tenancy particulars under S. 4(3) is sufficient—Eviction le...

A. Indian Evidence Act, 1872—Section 45—Handwriting expert—Right of accused—Held: Accused disputing signatures on cheque is entitled to seek examination by handwriting expert—Denial of such opportunity amounts to denial of fair trial—Application should ordinarily be allowed unless found to be vexatious or intended to delay proceedings—Impugned order rejecting such request set aside. (Paras 9–11, 15–17) B. Negotiable Instruments Act, 1881—Sections 138, 139—Presumption—Rebuttal—Held: Section 139 creates a rebuttable presumption in favour of the holder of cheque—Burden shifts on accused to disprove liability—To rebut such presumption, accused must be afforded full opportunity to lead defence evidence, including expert opinion. (Paras 12–14) ...