(1) SUPREME COURT
Power of Commercial Court
A. Commercial Courts Act, 2015—Order XI Rule 1 of the Code of Civil Procedure, 1908 (as amended)—Production of additional documents—Commercial suits—Held: In commercial suits, a plaintiff seeking to place additional documents on record after institution of the suit must establish a reasonable cause for non-disclosure within the prescribed time—Documents already in the plaintiff's possession at the time of filing the plaint or during earlier opportunities cannot ordinarily be produced at a belated stage merely because certain aspects emerged during cross-examination—A piecemeal approach to leading evidence defeats the object of the Commercial Courts Act, 2015, namely, speedy and efficient adjudication of commercial disputes. (Paras 8 to 17) B. Commercial Courts Act, 2015—Object and Scheme&md...
(2) SUPREME COURT
Eviction
A. Delhi Rent Control Act, 1958—Section 14(1)(b)—Eviction—Sub-letting, assignment or parting with possession—Amalgamation of tenant company—Held: Where a tenant company stands amalgamated with another bank under a statutory scheme, resulting in transfer of tenancy rights and possession of the tenanted premises to the successor bank without the previous written consent of the landlord, such transfer amounts to "parting with possession" within the meaning of Section 14(1)(b) of the Delhi Rent Control Act. The transfer attracts the statutory ground of eviction irrespective of whether it is voluntary or involuntary. Accordingly, the eviction decree was restored. (Paras 7, 12 to 14, 21) B. Banking Regulation Act, 1949—Section 45(4)—Scheme of amalgamation—Nature and effect—Held:...
(3) SUPREME COURT
Auction sale
A. State Financial Corporations Act, 1951—Sections 29 and 30—Recovery of dues—Auction sale of mortgaged property—Default by borrower—Held: Where borrowers persistently default in repayment of loan and repeatedly resort to litigation only to delay recovery proceedings, the Financial Corporation is fully justified in invoking its statutory power under Section 29 to take possession of and auction the secured assets. While a Financial Corporation is expected to act fairly, such obligation cannot be stretched to defeat or frustrate recovery of public dues. In the absence of fraud, collusion, mala fides or any material illegality in the conduct of the auction, the sale cannot be interfered with and is liable to be upheld. (Paras 10 to 16) B. State Financial Corporations Act, 1951—Section 29—Judicial ...
(4) SUPREME COURT
Second appeal
A. Customary Law—Udaon Community—Ghardamad—Adoption and inheritance—Proof of custom—Held: A ghardamad (resident son-in-law) acquires inheritance rights under the customary law of the Udaon community only upon valid adoption by his father-in-law or the widow of the father-in-law, as recognised by the prevailing custom. A plea that a ghardamad could be adopted by an uncle-in-law cannot be accepted in the absence of cogent evidence establishing such a custom. A custom, particularly one contrary to the general law of succession, must be proved by clear, cogent and convincing evidence showing its ancient, certain and continuous usage. Mere absence of any express prohibition does not establish the existence or validity of such a custom. (Paras 6, 11 to 13) B. Civil Procedure Code, 1908—Section 100&mda...
(5) SUPREME COURT
Bail
Bharatiya Nyaya Sanhita, 2023—Sections 61(2), 318(2), 319(2), 336(2), 338, 340(2) and 351(3)—Bail—Where the petitioner claimed to be a bona fide downstream purchaser of the property under a registered sale deed, had remained in custody for about eight months, and a co-accused from whom the property was purchased had already been granted bail, while the question whether the petitioner was a bona fide purchaser remained a matter for trial, the petitioner was held entitled to be enlarged on bail—High Court order refusing bail set aside—Petitioner directed to be released on bail subject to the satisfaction of the competent Court. (Paras 2 to 7) ...
(6) SUPREME COURT
Interim Bail
Bharatiya Nyaya Sanhita, 2023—Sections 64(1) and 64(2)(m)—Interim bail—Pending consideration of the challenge and issuance of notice to the State as well as the complainant, petitioner directed to be released on interim bail in connection with the FIR, subject to the satisfaction of the Trial Court, to remain operative till the next date of hearing. (Paras 2 to 5) ...
(7) SUPREME COURT
Acquittal
Indian Penal Code, 1860—Section 307—Acquittal reversed by High Court—Challenge—Challenge to the judgment of the High Court reversing a well-reasoned order of acquittal recorded by the Trial Court for the offence punishable under Section 307—Issue held to require consideration—Notice issued and records of the Courts below directed to be requisitioned—Pending consideration, petitioner directed not to be taken into custody subject to furnishing fresh bail bonds to the satisfaction of the Trial Court. (Paras 1 to 4) ...
(8) SUPREME COURT
Anticipatory bail
Code of Criminal Procedure, 1973—Anticipatory bail—Bharatiya Nyaya Sanhita, 2023—Section 318—Drugs and Cosmetics Act, 1940—Sections 18A, 18C, 27B(ii) and 28—Interim protection from arrest—Where the petitioner claimed to have sold the vehicle allegedly connected with the offence prior to the registration of the case and asserted that the requisite transfer forms had been executed, interim protection by way of anticipatory bail granted pending further consideration—Directed that, in the event of arrest, the petitioner be released on anticipatory bail subject to the satisfaction of the Investigating Officer—Petitioner further directed to appear before the Investigating Officer on the specified date and extend full cooperation with the investigation. (Paras 4 to 7) ...
(9) SUPREME COURT
POCSO
Protection of Children from Sexual Offences Act, 2012—Sentence—Quantum of punishment—Where notice in the Special Leave Petition was initially confined to the question of quantum of sentence, this Court, after hearing the parties on both the sentence and the merits of the conviction, found no ground to interfere—Conviction affirmed—Sentence of 20 years' rigorous imprisonment, being the minimum sentence prescribed under the Act for the offence concerned, held not to warrant interference—Special Leave Petition dismissed. (Paras 2 to 5) ...
(10) SUPREME COURT
Suspension of sentence
Negotiable Instruments Act, 1881—Section 138—Suspension of sentence pending revision—Compensation—Where the petitioner, convicted under Section 138 and sentenced to imprisonment with payment of compensation, offered before this Court to deposit the entire compensation amount by way of a demand draft in support of the prayer for suspension of sentence, one week's time granted to deposit the amount and matter directed to be listed thereafter for further consideration. (Paras 1 to 3) ...
(1) DELHI
Res judicata, Criminal Trial
A. Criminal Procedure Code, 1973 (CrPC)—Sections 362 and 482—Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)—Section 528—Review and Recall of Criminal Orders—Section 362 Cr.P.C. prohibits a criminal court from reviewing or altering its final judgment on merits except to correct clerical or arithmetical errors—However, a well-recognized distinction exists between substantive review, which is barred, and procedural review, which is permissible to rectify orders rendered in violation of procedural fairness or principles of natural justice—The inherent powers under Section 482 Cr.P.C. or Section 528 BNSS cannot be invoked to circumvent the statutory bar on review of merits but may be exercised to cure procedural defects. [Paras 19–20, 36] B. Criminal Procedure Code, 1973 (CrPC)—Sections...
(2) CALCUTTA
A. West Bengal District Court (Constitution of Service, Recruitment, Appointment, Probation and Discipline of Employees) Rules, 2015—Rule 22(b)—Promotion to Lower Division Clerk (LDC)—Promotion vacancies must be allocated in accordance with the applicable 50-point roster—Where procedural irregularities affect vacancy allocation, the Court may direct reallocation—Reserved category candidates who are senior and otherwise eligible are entitled to be considered against unreserved vacancies on merit. [Paras 12–16] B. West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1976—Rules 10(c) & 10(d)—Reserved vacancies—Carry forward of reserved vacancies is impermissible where eligible SC/ST candidates are available—Incorrect allocati...
(3) DELHI
A. Labour Law—Termination of service—Unauthorized absence—Termination for prolonged unauthorized absence was upheld where the employee remained absent for 161 days without complying with leave procedures—Habitual absenteeism, failure to substantiate medical grounds, and non-compliance with standing orders justified disciplinary action despite the Labour Court's order of reinstatement. [Paras 10–27] B. Principles of Natural Justice—Departmental enquiry—An enquiry is not vitiated where the employee voluntarily declines the assistance of a defence assistant, does not cross-examine management witnesses, and fails to seek time for producing evidence—Adequate opportunity having been afforded, the enquiry was held fair. [Paras 19 & 26] C. Standing Orders—Unauthorized leave&mdash...
(4) DELHI
A. Industrial Disputes Act, 1947—Section 33(2)(b)—Termination for unauthorized absence—Treating an employee's absence as leave without pay for administrative purposes does not condone the misconduct or invalidate disciplinary action—Regularization of absence does not preclude termination for unauthorized absence. [Paras 8–10] B. Industrial Disputes Act, 1947—Section 33(2)(b)—Unauthorized absence—Validity of charges—Charges specifying the relevant periods of unauthorized absence are not vague merely because every individual instance is not separately detailed—Sufficient particulars enabling the employee to defend the allegations satisfy the requirement of fairness. [Paras 10–11] C. Limitation Act, 1963—Section 5—Condonation of delay—Delay in filin...
(5) DELHI
A. Recruitment Law—Eklavya Model Residential Schools (EMRS)—Cancellation of candidature—Candidates who pursued two degrees simultaneously, one through regular mode and the other through distance/ODL mode, cannot be disqualified without considering the revised UGC guidelines—The recruiting authority was directed to reconsider the petitioners' eligibility in light of the modified UGC guidelines and pass a reasoned order within six weeks. [Paras 21–28] B. University Grants Commission (UGC) Guidelines—Simultaneous academic programmes—The 2022 UGC Guidelines permit simultaneous pursuit of one programme in regular mode and another through ODL/online mode—The modified guidelines further clarify that degrees obtained simultaneously before 2022, in accordance with the prevailing norms, are als...
(6) DELHI
A. Civil Procedure Code, 1908—Order VI Rule 17 & Specific Relief Act, 1963—Section 26—Amendment of pleadings—Amendment for correction of property description in the plaint and incorporation of a prayer for rectification of the Agreement to Sell is maintainable where necessary for determining the real controversy—The proviso to Section 26 permits such amendment without requiring a fresh suit—Since the trial had not commenced and no prejudice was caused to the defendants, the amendment was rightly allowed. [Paras 24–52] B. Specific Relief Act, 1963—Section 26—Rectification of instrument—Where an incorrect property description in an Agreement to Sell results from mutual mistake, the Court may permit amendment to seek rectification—Such rectification does not change the ...
(7) JAMMU & KASHMIR
Quashing of FIR
A. Criminal Procedure Code, 1973 (CrPC)—Section 482—Quashing of FIR—Scope—High Court cannot conduct a mini-trial while exercising inherent jurisdiction—Where the FIR and investigation material disclose cognizable offences requiring trial, criminal proceedings should not be quashed merely because the accused disputes the allegations—Quashing is justified only in exceptional cases where continuation of proceedings amounts to abuse of process, applying the principles in Bhajan Lal. [Paras 8, 11, 12, 14, 15] B. Criminal Procedure Code, 1973 (CrPC)—Section 156(3)—Duty of Magistrate—Complaint alleging cognizable offence—Magistrate must pass a reasoned order after considering the complaint, status report, protest petition and rival version—The Magistrate must either direct regi...
(8) JAMMU & KASHMIR
A. Civil Procedure Code, 1908 (CPC)—Order VI Rule 17—Amendment of pleadings—Pre-trial amendments should be liberally allowed if necessary for effective adjudication and to avoid multiplicity of proceedings, provided they do not introduce a time-barred claim, alter the fundamental nature of the suit, or cause irreparable prejudice to the opposite party. (Paras 10-11) B. Civil Procedure Code, 1908 (CPC)—Order II Rule 2—Amendment of pleadings—The bar under Order II Rule 2 CPC applies to subsequent suits and does not govern applications for amendment of pleadings under Order VI Rule 17. (Para 11(i)) C. Civil Procedure Code, 1908 (CPC)—Order VI Rule 17—Consequential relief—An amendment seeking to incorporate the relief of possession based on already pleaded facts is ordinarily permiss...
(9) JAMMU & KASHMIR
Service Law
A. Service Law—Fast Track Promotion Scheme—Delay and laches—A claim for promotion raised long after completion of the selection process is liable to be rejected on the ground of delay and laches—Repeated representations or their subsequent disposal do not revive a stale or dead cause of action. (Paras 7-17) B. Limitation Act, 1963—Stale claims—Fresh cause of action—Mere submission or consideration of representations, even pursuant to a court's direction, does not furnish a fresh cause of action or extend limitation—Delay must be assessed with reference to the original cause of action. (Paras 12-15) C. Service Law—Promotion—Vacancy calculation—Where the petitioner participated in the promotion process, failed to secure selection, and challenged the alleged miscalcu...
(10) JAMMU & KASHMIR
Framing of charge
A. Criminal Procedure Code, 1973 (CrPC)—Sections 227 and 228—Framing of charge—At the stage of framing charges, the Court is required only to determine whether the material on record raises a grave suspicion of the accused having committed the offence—It cannot conduct a mini-trial or meticulously evaluate the evidence, but must ensure that the essential ingredients of the alleged offences are prima facie disclosed. (Paras 15-17) B. Unlawful Activities (Prevention) Act, 1967—Sections 13, 18, 39 and 40(2)—Framing of charges—Recovery of propaganda posters, cash, adhesive material and digital evidence indicating links with a proscribed terrorist organisation, coupled with contact with Pakistan-based handlers, constituted sufficient prima facie material to frame charges under the relevant provision...