(1) SUPREME COURT
Murder
A. Penal Code, 1860—Sections 302/149 & 148—Murder—Unlawful assembly—Common object—Vicarious liability—Deceased was chased and shot dead by a group of accused who had arrived together at the bus stand armed with firearms—After the first shot was fired, all accused chased the deceased into the house of a witness where multiple shots were fired resulting in death—Evidence of eye-witnesses consistently established that the accused persons had alighted from the same bus armed with weapons and acted in concert—Held, their conduct clearly established the existence of an unlawful assembly with a common object to kill the deceased—Under Section 149 IPC, participation as a member of the unlawful assembly is sufficient to attract liability even in absence of proof of specific overt act ...
(2) SUPREME COURT
Criminal conspiracy
A. Prevention of Corruption Act, 1988—Section 7—Illegal gratification—Demand and acceptance—Proof— In a trap case relating to demand of bribe by an Income Tax Inspector during scrutiny proceedings, the High Court acquitted both accused on the ground that conspiracy and demand were not proved—Held, demand of bribe by the Inspector (A2) on 27.12.2010 was clearly testified by the complainant and corroborated by trap laying officer and independent witnesses regarding pre-trap and trap proceedings—Recovery of tainted currency from A2’s coat pocket, positive phenolphthalein test and relevant conduct of the accused constituted sufficient proof of acceptance of illegal gratification—Acquittal of A2 set aside and conviction under Section 7 PC Act restored. (Paras 17–20, 23–29) B....
(3) SUPREME COURT
Offence by company
A. Companies Act, 2013—Sections 241, 242, 244 & 59—Oppression and mismanagement—Interim protection— Appellants claiming 40% shareholding in holding company alleged illegal removal of their shareholding, fabrication of statutory filings, unlawful appointment/removal of directors and alienation of project assets valued at about ₹1000 crores—Company Petition alleging oppression and mismanagement pending before NCLT—NCLAT set aside NCLT’s refusal to grant interim relief but restricted protection to direction against taking “perceptive steps” for one month—Held, since the principal dispute regarding corporate control and asset transactions remained pending before the NCLT, the paramount consideration is preservation of the subject matter—Status quo directed to be maintaine...
(4) SUPREME COURT
Service Law
A. Service Law—Seniority—Direct recruits vs internally selected candidates—Tamil Nadu Electricity Board Service Regulations, 1967—Regulations 10(9), 87 & 97— Dispute concerned inter-se seniority between Assistant Engineers (Electrical) appointed through direct recruitment in 2000–2001 and those promoted through internal selection in 2002—Held, as per Regulations 10(9) and 87, a person is deemed to be on duty and appointed to service when he commences training, probation, or discharges duties of the post—Training forms part of service and cannot be excluded for determining date of appointment—Accordingly, direct recruits were appointed from the date they joined and commenced training, and their seniority could not be shifted to a later date when probation began. (Paras 21–22) ...
(5) SUPREME COURT
Arbitral award
A. Arbitration and Conciliation Act, 1996—Sections 16, 34 & 37—Arbitral tribunal—Composition—Interpretation of arbitration clause— Dispute arose regarding appointment of Presiding Arbitrator under Clause 8.3(b) of the agreement—Clause provided that if the two party-appointed arbitrators fail to appoint the third arbitrator within 30 days, the Secretary General of ICSID may appoint the third arbitrator upon request of either party—Held, clause is enabling and not mandatory; appointment by ICSID becomes operative only when a party makes a request—In absence of such request, the power of co-arbitrators to appoint the Presiding Arbitrator does not stand extinguished after expiry of 30 days—Interpretation adopted by the Arbitral Tribunal was reasonable and plausible—Challenge to j...
(6) SUPREME COURT
A. Reservation for Other Backward Classes—Creamy layer—Office Memorandum dated 08.09.1993—Clarificatory letter dated 14.10.2004—Scope and effect— Respondent candidates in Civil Services Examination denied OBC (Non-Creamy Layer) status after Department applied Income/Wealth Test by including parental salary income on the basis of clarificatory letter dated 14.10.2004—Held, 1993 OM lays down the substantive framework for identifying creamy layer and primarily adopts a status-based exclusion, with income/wealth test operating as a residual criterion—A clarificatory letter cannot override or modify the parent executive instruction—Paragraph 9 of the 2004 Letter must be read only as explanatory and cannot be interpreted to make salary income alone determinative of creamy layer status—Determ...
(7) SUPREME COURT
Dying declaration
A. Evidence Act, 1872—Section 32—Dying declaration—Evidentiary value and reliability— Dying declaration is a substantive piece of evidence and can form the sole basis of conviction if it inspires full confidence of the Court—No rigid rule that it must be recorded by a Magistrate or supported by medical certification of fitness, though such certification is desirable—Declaration may be oral or written, brief or detailed, and can be made to any reliable witness—However, where multiple dying declarations are inconsistent, recorded in suspicious circumstances, in presence of interested persons, or without medical certification, the Court must exercise extreme caution—If the declaration does not appear voluntary, truthful and free from tutoring or prompting, it cannot be safely relied upon to sus...
(8) SUPREME COURT
A. Constitution of India—Article 21—Right to refuse medical treatment—Withdrawal of life-sustaining treatment—Clinically Assisted Nutrition and Hydration (CANH)— Patient suffering from irreversible Permanent Vegetative State (PVS) for long duration and sustained through PEG tube feeding sought withdrawal of CANH—Held, CANH is not mere basic care but a technologically mediated medical intervention requiring clinical prescription, supervision and periodic review—Therefore it constitutes “medical treatment” and falls within the legal framework governing withholding or withdrawal of life-sustaining treatment—When continuation of such treatment becomes medically futile and no therapeutic benefit remains, withdrawal may be permitted in accordance with law and medical safeguards. (Paras...
(9) SUPREME COURT
Anticipatory bail
Criminal Procedure Code, 1973 — S. 438 — Anticipatory bail — Grant of relief by Supreme Court — Conditions imposed — Appellant-accused directed to furnish cash security of Rs 25,000 with two sureties to satisfaction of Trial Court — Further directions to cooperate with investigation and trial — Passport to be surrendered before Trial Court — Appellant restrained from influencing witnesses or tampering with evidence — Travel abroad prohibited without prior permission of Trial Court — Violation of any of the conditions to entail cancellation of bail. (Paras 3-5) ...
(10) SUPREME COURT
Anticipatory bail
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Bharatiya Nyaya Sanhita, 2023—Sections 196(1)(a), 196(1)(b), 197(1)(a), 197(1)(b), 197(1)(c), 197(1)(d), 353(1)(c), 353(2), 302, 152—Information Technology Act, 2000—Section 69A—Anticipatory bail—Grant of— Petitioner apprehended arrest in connection with FIR registered for offences under the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act—Pursuant to interim protection granted by the Court, petitioner appeared before the investigating agency and cooperated with the investigation—Held, in the facts of the case, interim protection deserved to be confirmed and petitioner entitled to anticipatory bail in the event of arrest, subject to conditions. (Paras 2-4) B. Bharatiya Nagarik Suraksha Sanhita, 2023—...
(1) GAUHATI
A. Motor Vehicles Act, 1988—Section 173—Appeal Against Tribunal Award—Tribunal assessed claimant’s functional disability as 63% of the whole body based on a permanent right lower limb injury—Court noted tribunal erred in equating permanent limb disability with functional disability without justification, though claimant’s profession as a vegetable vendor could significantly affect earning capacity—No cross-objection filed; award unaltered—Appeals dismissed. [Para 24] B. Motor Vehicles Act, 1988—Section 166—Assessment of Functional Disability—Following Raj Kumar v. Ajay Kumar (2011) 1 SCC 343, percentage of functional disability must be clarified by medical expert as relating to whole body or specific limb—Tribunal erred in treating limb disability as whole-body fun...
(2) ANDHRA PRADESH
Second appeal, Burden of Proof
A. Civil Procedure Code, 1908—Section 100—Second Appeal—Substantial Question of Law—A second appeal is maintainable only when a substantial question of law arises which materially affects the rights of the parties—Mere reappreciation of facts or evidence does not constitute a substantial question of law, and the High Court should not interfere with concurrent findings of fact where two possible inferences may arise from the evidence. B. Civil Procedure Code, 1908—Section 100—Pleadings and New Contentions—Questions of law which require foundational facts cannot be raised for the first time in second appeal if such facts were not pleaded or proved before the courts below—Contentions not raised in pleadings or evidence before the trial court or the first appellate court are not permiss...
(3) TRIPURA
Bail, Recovery of money
A. Narcotic Drugs and Psychotropic Substances Act, 1985—Section 27-A—Financing Illicit Traffic—Offence of financing illicit traffic requires proof that the accused directly or indirectly provided funds to facilitate activities relating to illicit drug trafficking as defined under Section 2(viii-b) of the Act—Mere investment of one’s own money in a transaction does not automatically constitute “financing” under Section 27-A. [Paras 6–10] B. Recovery of Money—Drug Proceeds—Money recovered along with contraband cannot be presumed to be “drug money” or proceeds of narcotic trade unless the prosecution establishes a clear nexus showing that such funds were used to finance illicit trafficking. [Paras 11–16] C. Nature of Financing Activity—The expression &l...
(4) JAMMU & KASHMIR
Writ petition
A. Preventive Detention—Grounds of Detention—Supply of Dossier—Detenu contended that the dossier forming the basis of detention was not supplied—Court found the plea contradictory as the detenu had admitted in the writ petition that the dossier had been furnished—Hence, the contention regarding non-supply of the dossier was rejected. B. Preventive Detention—Representation—Delay in Consideration—Constitutional safeguards require that a detenu’s representation against the detention order be considered and communicated with utmost promptitude—Unexplained delay in deciding the representation and conveying the decision violates procedural safeguards and renders the detention illegal. C. Judicial Review—Writ Proceedings—The Writ Court failed to examine the crucial iss...
(5) SIKKIM
A. Public Employment—Termination of Service—Suppression of Criminal Cases—Petitioner, appointed as Constable (Washerman) in the Sashastra Seema Bal (SSB), was terminated for allegedly suppressing involvement in two criminal cases during recruitment—One case was found to be falsely alleged after investigation and the other arose from a family dispute which ended in acquittal. B. Employer’s Power—Disclosure in Recruitment—Suppression of material facts in service matters, particularly in disciplined forces, is a serious issue and employers are entitled to scrutinize the conduct and antecedents of candidates before confirming their appointment. C. Consideration of Nature of Offence—Authorities must evaluate the nature of the alleged offence, the circumstances of the case, and whether the o...
(6) MEGHALAYA
Medical Evidence
A. Protection of Children from Sexual Offences Act, 2012—Sections 5(m) & 6 read with IPC, 1860—Sections 377 & 506—Conviction—Medical evidence showing tenderness, redness and stretch marks in the anus of the survivor supported the allegation of sexual assault—Testimony of the victim and his sister was consistent and corroborated by medical evidence—Age of the survivor proved through unchallenged testimony of the mother—Invocation of Section 377 IPC for carnal intercourse against the order of nature held justified—Appeal dismissed and conviction affirmed. [Paras 28–32] B. Criminal Procedure Code, 1973—Section 164—Statement of Victim—Alleged discrepancy between the statement under Section 164 CrPC and court testimony was not proved as no contradiction was elic...
(7) GUJARAT
Murder, Medical Evidence, Burden of Proof
A. Indian Penal Code, 1860—Section 302—Murder—Circumstantial Evidence—Conviction upheld where prosecution established a complete and consistent chain of circumstances proving the guilt of the accused beyond reasonable doubt—The circumstances pointed solely towards the accused and excluded any other hypothesis—Appeal dismissed. [Paras 25, 27, 29–30, 33] B. Evidence Act, 1872—Section 106—Burden of Proof—Where the accused offered a false explanation and failed to prove involvement of any third person, the burden shifted upon him to substantiate his version—Failure to discharge such burden strengthened the prosecution case. [Para 26] C. Evidence Act, 1872—Section 25—Confession to Police—Statement made by the accused to a doctor explaining his injuries, t...
(8) GUJARAT
A. Gujarat Prevention of Anti-Social Activities Act, 1985—Sections 2(c) & 3(4)—Preventive Detention—“Dangerous Person”—Detention order passed on the basis of criminal cases in which the detenu had already been granted bail—Court held that the alleged activities related only to disturbance of law and order and had no nexus with disturbance of public order—Mere involvement in criminal cases does not justify preventive detention unless the acts create fear, panic, or insecurity affecting the community at large—Detention order quashed. [Paras 4, 8–10] B. Preventive Detention—Subjective Satisfaction of Detaining Authority—Subjective satisfaction must be founded on relevant material indicating actual or potential impact on maintenance of public order—In the pre...
(9) CALCUTTA
A. Designs Act, 2000—Sections 2(a) & 2(d)—Graphic User Interface (GUI)—Registrability—Court held that the definition of “article” is broad and not confined to objects having permanent physical form—The misconception that a design must possess tangible embodiment or touch is contrary to the statutory scheme—A GUI may qualify as a “design” if it visually appeals when the article is used for its intended purpose. [Paras 9, 10, 13] B. Interpretation of “Design Applied to an Article”—The phrase “applied to an article by any industrial process” must be interpreted liberally in light of technological developments—Permanence or physical fixation is not a statutory requirement under the Act. [Paras 15, 17] C. Digital Designs and International ...
(10) CALCUTTA
Rejection of plaint
A. Civil Procedure Code, 1908—Order VII Rule 11—Rejection of Plaint—Suit for declaration and injunction relating to property possession cannot be rejected merely on qualitative analysis of cause of action—Rejection under Rule 11 requires bar or non-disclosure to be evident on the face of the plaint—Extraneous documents not relied upon in plaint cannot be considered—Plaint disclosed sufficient cause of action; rejection set aside. [Paras 14, 31, 36, 60] B. Civil Procedure Code, 1908—Order VII Rule 11 Clause (d)—Legal Bar—Trial Judge failed to specify any legal bar apparent from the plaint—Previous suit relating to different premises does not bar subsequent suit unless identity of properties is conclusively established—Rejection under Clause (d) set aside. [Paras 37, 39, 4...