A. Transfer of Property Act, 1882—Section 111(e), (f)—Landlord-tenant relationship—Agreement to sell—Mere execution of an agreement to sell does not by itself terminate an existing tenancy—Express or implied surrender of tenancy in accordance with Section 111(e) or (f) is necessary to determine the landlord-tenant relationship—Conduct of the parties and terms of the agreement may establish an implied surrender only where they are inconsistent with continuation of tenancy—In absence of such surrender, the tenancy continues notwithstanding the agreement to sell. [Paras 10, 14, 15, 21] B. Transfer of Property Act, 1882—Section 53A—Registration Act, 1908—Section 17(1A)—Tenant claiming protection under agreement to sell—Mere continuation of possession as tenant after ex...
A. Civil Procedure Code, 1908—Order XXXIX Rules 1 and 2—Temporary injunction—Appellate interference—Appellate Court should not substitute its discretion for that of the Trial Court unless the discretion exercised is arbitrary, capricious, perverse or contrary to settled principles of law—A detailed examination of facts and merits at the interlocutory stage is impermissible as it would amount to conducting a mini-trial—Interference is justified only where the Trial Court has exercised discretion on irrelevant considerations or ignored settled legal principles. [Paras 35-40] B. Civil Procedure Code, 1908—Order XXXIX Rule 1—Temporary injunction—Object and scope—Interlocutory injunction is intended to preserve the subject matter and maintain status quo during pendency of the suit ...
A. Constitution of India, 1950—Articles 14 and 16—Classification of posts and determination of pay scales—Re-employed Presiding Officers of Central Government Industrial Tribunals-cum-Labour Courts constituted a distinct class for purposes of pay fixation—Such classification based on intelligible differentia and having a rational nexus with the object sought to be achieved does not violate Articles 14 or 16—Re-employed officers cannot claim parity in pay with regularly appointed Government officers merely on the ground of similarity of duties—Challenge to separate pay fixation held untenable. [Paras 5.5-6.7] B. Constitution of India, 1950—Article 14—Reasonable classification—Article 14 prohibits class legislation but permits reasonable classification founded upon intelligible differ...
A. Bharatiya Nyaya Sanhita, 2023—Sections 318(4), 316(2) and 3(5)—Cheating and criminal breach of trust—A commercial dispute arising from a distributorship agreement cannot be converted into criminal prosecution merely because contractual obligations were allegedly breached—For cheating, dishonest or fraudulent intention must exist at the inception of the transaction and must be supported by specific factual allegations—For criminal breach of trust, entrustment of property is an essential ingredient—Where the First Information Report disclosed neither dishonest intention at inception nor entrustment, the essential ingredients of the offences were absent—Continuation of criminal proceedings would amount to abuse of process and was liable to be quashed. [Paras 12-20, 22-28] B. Bharatiya Nyaya San...
A. Indian Penal Code, 1860—Sections 302 read with 34 and 392 read with 34—Circumstantial evidence—Conviction can rest solely on circumstantial evidence only where each circumstance is firmly established and all circumstances form a complete and unbroken chain pointing exclusively towards the guilt of the accused. Last-seen evidence, recovery of the deceased’s taxi within five days while the accused were attempting to dispose of it, and recovery of the deceased’s personal articles at their instance formed a complete chain inconsistent with innocence—Conviction upheld. [Paras 14-23, 35-40] B. Indian Evidence Act, 1872—Sections 27 and 106—Discovery pursuant to disclosure statement—Only the portion of information distinctly relating to the fact discovered is admissible; the inadmissible...
A. National Coal Wage Agreement-VI—Clause 9.3.4—Compassionate appointment—Age eligibility—Dependent was below 35 years on the date of death of employee and the employer had initiated the compassionate appointment process by directing police verification while the dependent was still within prescribed age limit—Subsequent completion of procedural formalities and consideration of claim after attaining 35 years could not defeat an otherwise eligible claim. [Paras 34-39] B. Compassionate Appointment—Administrative delay—Employer cannot take advantage of its own delay—Where the process had commenced within the prescribed age and the formal application was submitted within a reasonable period, rejection of the claim merely because the dependent crossed the age limit during processing was held u...
A. Constitution of India, 1950—Article 226—Writ jurisdiction—Compensation for electrocution—Where claim involves disputed questions of fact requiring evidence regarding negligence, causation or liability, writ petition is ordinarily not maintainable and the aggrieved party should seek appropriate remedy before the Civil Court; High Court erred in entertaining such disputed compensation claims. [Paras 2, 6, 8, 16] B. Law of Torts—Strict liability—Electrocution—Liability of electricity authorities is governed by the principle of strict liability and not absolute liability; liability arises irrespective of proof of negligence, subject to recognized exceptions including act of God, act of stranger, statutory authority, consent and default of the claimant; doctrine of absolute liability applicable t...
A. Central Goods and Services Tax Act, 2017—Section 69—Arrest—An order passed by the Commissioner recording “reasons to believe” is a sine qua non for arrest and for maintaining an application for anticipatory bail—Mere issuance of summons under Section 70 does not make the person summoned an accused or give rise to an apprehension of arrest—Rejection of pre-arrest bail application on the ground that no order under Section 69 existed was upheld. [Paras 11-14, 35-36] B. Central Goods and Services Tax Act, 2017—Section 69—Communication of arrest authorisation order—Order recording “reasons to believe” must be communicated to the person sought to be arrested before arrest—Such communication is necessary to enable the person to exercise the statutory remedy of an...
A. Indian Partnership Act, 1932—Section 69(2)—Registration of Firm—Proof of Registration—Memorandum issued by Registrar of Firms acknowledging filing/recording of registration documents and mentioning registration number and date was sufficient to establish that plaintiff-firm was duly registered; certified copy of Form-VIII produced under Order XLI Rule 27(1), corroborating the memorandum, was rightly admitted in furtherance of justice. [Paras 4–6] B. Limitation Act, 1963—Sections 5 and 14—Recovery Suit—Separate Remedy—Time spent in pursuing winding-up/company proceedings cannot automatically be excluded from limitation for an independent suit for recovery of money; proceedings for winding-up and recovery of money are distinct remedies, and initiation of one does not extend or pres...
A. Constitution of India—Article 21—Custodial Death—State Liability—Where an undertrial died in State custody and post-mortem and judicial inquiry disclosed multiple antemortem injuries and death due to head injury, the State was held responsible for violation of the deceased’s fundamental right to life; failure of senior police, prison and Home Department officials to act upon the judicial inquiry report under Section 176 of the Code of Criminal Procedure was deprecated as a serious disregard of statutory procedure. [Paras 14–18, 21–22] B. Code of Criminal Procedure, 1973—Section 176—Custodial Death—Mandatory Investigation—Judicial inquiry report disclosing custodial violence and fatal injuries warranted immediate registration of a criminal case and thorough investigati...
A. Trusts and Trustees — Rendition of Accounts — Maintainability — Co-trustee against Co-trustee — A suit by one trustee against a co-trustee for rendition of accounts is maintainable, as every trustee has the right to know the financial position of the trust and to demand accounts from a co-trustee entrusted with collection and expenditure of trust income — such accountability is necessary for proper supervision of trust affairs and to protect trustees from liability arising from misappropriation — (Para 6). B. Civil Procedure Code, 1908 — Section 92 — Rendition of Accounts — Legal Representatives — Survivability — A suit by co-trustees for rendition of accounts to enforce their individual right of supervision does not fall within Section 92 CPC, which concerns represen...
A. U.P. Regulation of Urban Premises Tenancy Act, 2021—Section 21(2)—Written tenancy agreement—Absence of written tenancy agreement does not bar maintainability of eviction proceedings or oust jurisdiction of Rent Authority—Jurisdiction flows from the statute and not from existence of tenancy document; landlord-tenant relationship and disputed tenancy facts are matters for adjudication on pleadings and evidence, not jurisdictional preconditions. [Paras 9–14, 25] B. U.P. Regulation of Urban Premises Tenancy Act, 2021—Sections 33 and 34—Code of Civil Procedure, 1908—Order VII Rule 11—Exclusion of procedural remedy—Act being a self-contained special enactment expressly excludes general application of the Code of Civil Procedure except specified powers; therefore, application anal...
A. Civil Procedure Code, 1908 — Order V Rule 1, Order VIII Rules 1 & 10, Section 151 — Karnataka Amendment Act, 2024 — Written Statement — 120-day limit — Held, the 120-day period is ordinarily mandatory and the right to file written statement stands forfeited thereafter; however, the amendment cannot be construed as completely extinguishing the limited judicial discretion preserved under Rule 10 and Section 151 CPC, as recognized in Salem Advocate Bar Association (2005) — In exceptional and compelling circumstances, where refusal to accept the written statement would result in grave miscarriage of justice or manifest injustice, the Court may exercise narrowly confined discretion, for reasons to be recorded and ordinarily upon realistic costs; such discretion is not to be exercised routinely or mech...
A. Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Sections 35 & 39—Court Fees Act, 1870—Court fee on appeal—Held: A memorandum of appeal against a composite decree for eviction, arrears of rent and mesne profits is required to be valued on the subject matter in dispute in appeal—Where the appellant challenges the entire decree, court fee is payable on the entire decretal liability, including accrued or ascertainable mesne profits—Court fee paid on the original application does not determine the court fee payable in appeal. (Paras 44 to 76) B. Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021—Section 39—Court Fees Act, 1870—Statutory fiction—Scope—Held: Section 39(2) deems an application before the Rent Authority and an appeal before the Rent ...
A. Bhartiya Nagrik Suraksha Sanhita, 2023—Section 147 (Corresponding to Section 128 Cr.P.C.)—Enforcement of Maintenance Order—Limitation period for recovery warrant—Continuing Liability in nature—A maintenance order passed U/s 125 Cr.P.C. continues to remain operative until modified or set aside by a competent court, and the husband's obligation to pay monthly maintenance is a continuing statutory liability—Every monthly default in payment of maintenance gives rise to a recurring and continuing cause of action for enforcement of the subsisting maintenance order—The one-year limitation prescribed in the first proviso restricts only the issuance of a recovery warrant and does not extinguish the claimant's substantive right to recover maintenance arrears. (Para 16, 17, 18 21, 22) B. Bharti...
A. Negotiable Instruments Act, 1881—Section 138—Code of Criminal Procedure, 1973—Section 372 Proviso—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 413—Appeal against acquittal—Complainant as victim—Held: In prosecutions under Section 138 of the Negotiable Instruments Act, the complainant, being the payee or holder in due course of the dishonoured cheque, is also the "victim" of the offence and, therefore, possesses an independent statutory right to challenge an order of acquittal under the proviso to Section 372 of the Code of Criminal Procedure, 1973/Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023 before the Court immediately superior to the Trial Court, namely the Sessions Court. Consequently, appeals erroneously instituted before the High Court under Section 378 o...
A. Negotiable Instruments Act, 1881—Section 138—Code of Criminal Procedure, 1973—Section 372 Proviso—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 413—Appeal against acquittal—Complainant as victim—Held: In a prosecution under Section 138 of the Negotiable Instruments Act, the complainant, being the payee or holder of the dishonoured cheque, is also a "victim" of the offence and is entitled to prefer an appeal against an order of acquittal under the proviso to Section 372 of the Code of Criminal Procedure, 1973/Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023 before the Court immediately superior to the Trial Court, namely the Sessions Court. Such remedy is independent of the procedure under Section 378 of the Code, and pending appeals presented before the High Court ...
A. Negotiable Instruments Act, 1881—Sections 138, 118(a) and 139—Dishonour of cheque—Statutory presumptions—Rebuttal—Service of notice—Held: In a prosecution under Section 138, once the drawer admits or the complainant proves execution of the cheque and the signature thereon, the statutory presumptions under Sections 118(a) and 139 arise that the cheque was issued for valid consideration and in discharge of a legally enforceable debt or liability. The burden then shifts to the accused to rebut the presumptions by leading cogent and probable evidence. A mere denial of liability or an explanation offered in the statement under Section 313 of the Code of Criminal Procedure, without supporting evidence, does not rebut the statutory presumptions. Further, where the statutory demand notice is dispatched to th...
A. Criminal Procedure Code, 1973—Section 125—Maintenance claim—Revisionist claiming maintenance as legally wedded wife—Trial Court rejecting claim due to existence of prior marriage of opposite party and lack of evidence of solemnization of marriage—Held, revisionist cannot claim maintenance under Section 125 CrPC as legally wedded wife when marriage is not established and no live-in relationship is pleaded or proven—Presumption of valid marriage under Section 125 CrPC can arise only where parties have lived together as husband and wife for a considerable period or in a live-in relationship, and mere assertion of being legally wedded wife without evidence of marriage or live-in relationship is insufficient to sustain a maintenance claim. [Paras 7, 9, 12, 13] B. Criminal Procedure Code, 1973—Se...
Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — FIR registered under Sections 420 and 120B IPC — Parties entered into a settlement and implemented the terms of compromise — Respondent No.2 derived benefits from the compromise but failed to support the verification proceedings before the Magistrate — Held, once a compromise is acted upon and benefits derived thereunder, the complainant cannot back out from the settlement, and continuation of criminal proceedings in such circumstances amounts to harassment and abuse of the process of law — FIR and all consequential proceedings quashed. [Paras 9 to 12] ...