A. Hindu Marriage Act, 1955—Section 13(1)(ib)—Divorce—Desertion—Essential Ingredients—Factum of Separation—Animus Deserendi— Desertion requires intentional permanent forsaking and abandonment of one spouse by the other without consent and reasonable cause; it involves both factum of separation and intention to bring cohabitation permanently to an end. Mere physical separation is not by itself sufficient, but animus deserendi may be inferred from the conduct and surrounding circumstances. [Paras 18–19] B. Hindu Marriage Act, 1955—Section 13(1)(ib)—Divorce—Desertion—Refusal to Resume Cohabitation—Conduct of Spouse—Inference of Animus Deserendi— Where the wife had admittedly lived separately for a prolonged period and, despite the husband going to br...
A. Code of Criminal Procedure, 1973—Section 439—Regular Bail—Prolonged Custody—Investigation Complete—Charge-Sheet Filed—Advanced Age—Delayed FIR— Where the accused was aged about 74 years, had remained in custody for approximately six months, investigation had been completed and charge-sheets had already been filed, and the alleged transactions substantially pre-dated registration of the FIRs, continued incarceration was not warranted; regular bail granted. [Paras 4–11] B. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 483—Regular Bail—Offences under IPC Sections 420, 406 and BNS Sections 318(4), 352, 61(2), read with SC/ST Act Sections 3(1)(r), 3(1)(s), 3(2)(va)—No Further Custodial Requirement— In view of completion of investigation, filing of char...
A. Gujarat Prohibition Act, 1949—Section 98(2)—Confiscation of Vehicle—Interim Custody—Seized Vehicle—Statutory Embargo—Code of Criminal Procedure, 1973—Section 451— The embargo contained in Section 98(2) of the Gujarat Prohibition Act against release of a vehicle carrying liquor exceeding the prescribed quantity is not absolute; where the seized vehicle is produced before the Criminal Court, the Trial Court is required to exercise its powers under Section 451 CrPC and consider interim custody in accordance with settled principles. [Paras 10–11, 16] B. Code of Criminal Procedure, 1973—Sections 451, 457, 458 and 459—Seized Vehicle—Interim Custody—Exercise of Discretion—Owner's Interest—Preservation of Evidence— Courts possess broad discre...
A. Constitution of India—Article 19(1)(g)—Fishing—Purse Seine Nets—Exclusive Economic Zone—Territorial Waters—Right to Carry on Trade or Occupation—Reasonable Regulation— Fishing activities in the Exclusive Economic Zone (EEZ) beyond the territorial waters fall within the legislative and executive competence of the Union, whereas regulation of fisheries within territorial waters falls within the legislative and executive competence of the State; the respective regulatory regimes operate in their distinct spheres and do not conflict with each other. [Paras 14–15] B. Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976—Section 7(1)—Sustainable Harnessing of Fisheries in the Exclusive Economic Zone Rules, 2025—Purse Seine F...
A. Indian Penal Code, 1860—Sections 302, 307, 147, 148 and 149—Arms Act, 1959—Section 27—Murder—Attempt to Murder—Unlawful Assembly—Common Object—Appreciation of Evidence— Where the eyewitness testimony was rendered doubtful by material inconsistencies, absence of recovery of weapons and cartridges, non-examination of independent witnesses, doubtful presence of related witnesses, and failure to establish the prosecution version of the occurrence, the culpability of the accused was not proved beyond reasonable doubt and their convictions could not be sustained. [Paras 3–11] B. Indian Penal Code, 1860—Sections 302, 307 and 149—Murder—Eyewitness Testimony—Medical and Expert Evidence—Contradiction—Benefit of Doubt— Where the expert medical...
A. Indian Penal Code, 1860—Sections 420 and 120-B—Prevention of Corruption Act, 1988—Sections 13(1)(d) and 13(2)—Bank Loan—Criminal Conspiracy—Cheating—Abuse of Official Position—Appreciation of Evidence— Where the prosecution alleged that the accused, a Branch Manager of a bank, in collusion with another accused, had illegally sanctioned and facilitated loans, but the evidence established that the loans were sanctioned by the Regional Office, the loan accounts were fully satisfied through auction of mortgaged properties, and no incriminating evidence connected the accused with misappropriation or illegal sanction, conviction under Sections 420 and 120-B IPC and Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act was held unsustainable. [Paras 19–20] B. Prevention ...
A. Constitution of India—Article 142—Matrimonial Dispute—Amicable Settlement through Mediation—Divorce by Mutual Consent—Dissolution of Marriage— Where the parties settled their matrimonial dispute through mediation and voluntarily entered into a written Settlement Agreement, and had been living separately since February 2024, the Supreme Court exercised jurisdiction under Article 142 and dissolved their marriage solemnized on 27.11.2023 by a decree of divorce by mutual consent. [Paras 2–3, 7–9] B. Indian Penal Code, 1860—Sections 323, 406, 498-A and 506—Matrimonial Dispute—Settlement—Quashing of FIR—Code of Criminal Procedure, 1973—Section 125—Maintenance Proceedings—Quashing— In view of the amicable settlement between the husband and...
A. Finance Act, 1979—Section 38(3) and (4)—Foreign Travel Tax—Delayed Payment—Penalty—Non-payment and Delay—Distinction— Where Foreign Travel Tax (FTT) collected from passengers was deposited belatedly, such delayed payment cannot be equated with “failure to pay” or non-payment so as to attract Section 38(3)—Section 38(3) applies to non-payment of FTT, whereas delayed deposit of FTT falls within the ambit of Section 38(4) read with Rules 4 and 9 of the Foreign Travel Tax Rules, 1979—Further, penalty is not automatic merely upon breach of the statutory timeline; the adjudicating authority must consider whether penalty is warranted, and only thereafter determine its quantum within the prescribed statutory range—Where delay was satisfactorily explained and the demand dra...
A. Code of Civil Procedure, 1908—Section 44-A—Execution of Foreign Decree—Reciprocating Territory—Foreign Decree—Principle of Comity of Courts— A decree passed by a superior Court of a reciprocating territory is, prima facie, executable in India in accordance with Section 44-A CPC—Courts in India are required to give due weightage to such decree while considering interlocutory measures in execution proceedings, consistent with the principle of comity of courts and reciprocal enforcement of judgments—Where a foreign money decree remained substantially unsatisfied and the judgment debtor was prima facie found to be attempting to camouflage or dissipate assets so as to defeat execution, vacation of status quo protection without adequate security would obstruct the efficacy of the decree—A...
A. Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8-A, 21 and 22—Drugs (Control) Act, 1950—Sections 5 and 13—Commercial Quantity—Codeine Phosphate—Recovery of 720 Bottles of Cough Syrup—Regular Bail— Where 720 bottles of Onrex cough syrup containing codeine phosphate were recovered from the appellant, stated to be above commercial quantity, yet the appellant had remained in custody since 04.06.2025 and the trial was not likely to conclude in the near future, with only two of the 23 prosecution witnesses having been examined, a case for grant of regular bail was made out. [Paras 4–10] B. Code of Criminal Procedure, 1973—Regular Bail—Prolonged Custody—Delay in Trial—Number of Prosecution Witnesses—Criminal Antecedent— Prolonged incarc...
A. Constitution of India—Arts. 246, 254—Legislative competence—Repugnancy—U.P. Regulation of Urban Premises Tenancy Act, 2021—Presidential assent— Regulation of landlord-tenant relationship in respect of houses and buildings falls within the Concurrent Legislative field and not exclusively within Entry 18 of List II—Where provisions of the U.P. Regulation of Urban Premises Tenancy Act, 2021 were repugnant to the Transfer of Property Act, 1882 and the Provincial Small Cause Courts Act, 1887 read with the U.P. Civil Laws (Amendment) Act, 1972, all referable to the Concurrent List, such repugnancy could prevail in the State only upon compliance with Art. 254(2) by reservation of the State legislation for consideration of the President and obtaining Presidential assent—Impugned Act, having been ...
A. Special Marriage Act, 1954—Section 27(1)(d)—Divorce—Mental cruelty—Conduct of wife—Unsubstantiated grave allegations against husband and his family—Held, where a wife makes serious allegations such as molestation of the minor child by the mother-in-law, misappropriation of her parental property, dowry demands and forcible abortion, but fails to support such allegations by contemporaneous complaints, independent evidence, medical material or documentary proof, and her own admissions in cross-examination materially undermine those allegations, such conduct may constitute mental cruelty—In the present case, the allegations were not merely unproved but were of such a grave nature as to humiliate and seriously demean the husband and his family. [Paras 56(v), 59, 66-72] B. Special Marriage Ac...
A. Provincial Small Cause Courts Act, 1887—Section 25—Code of Civil Procedure, 1908—Order VII Rules 11(a) and 11(d)—U.P. Regulation of Urban Premises Tenancy Act, 2021—Section 38—Eviction Suit—Maintainability and Jurisdiction— Order VII Rule 11(a) and (d) CPC ke application par plaint ko whole as a whole read kiya jana hai; defence ya disputed questions of fact ko ordinarily consider nahi kiya ja sakta—Where plaint discloses landlord-tenant relationship, default, notice and claim for eviction and arrears, it discloses cause of action—Statutory bar under Section 38 must be apparent from plaint itself. (Paras 28–30, 42–43, 50–51) B. U.P. Regulation of Urban Premises Tenancy Act, 2021—Sections 4, 21 and 38—Absence of Written Tenancy Agreement—J...
A. Negotiable Instruments Act, 1881—Section 138—Appeal against acquittal—Scope of appellate interference—An appellate Court, while examining an acquittal U/s 138 of the NI Act, is not required to substitute its own view merely because another view is possible; interference is warranted only where the view adopted by the Trial Court is impossible, perverse, wholly unsustainable or manifestly illegal—Where the Trial Court has taken a reasonable view on the evidence, the acquittal deserves to be maintained. (Para 12 and 25) B. Negotiable Instruments Act, 1881—Sections 118 and 139—Presumption in favour of holder—Acquittal in cheque dishonour case—Standard of appellate scrutiny—The general restrictions governing interference with an acquittal cannot be applied with identical rigour...
A. Specific Relief Act, 1963—Co-sharer—Injunction against construction on joint property—A co-sharer cannot ordinarily be restrained from raising construction on joint property merely because the property has not been partitioned; however, where the construction would diminish the value or utility of the common property, materially prejudice the rights or enjoyment of other co-sharers, or amount to ouster of a co-owner, injunction can be granted. In the present case, defendant’s denial of plaintiff’s co-ownership and proposed construction over the only vacant portion of the joint property would prejudice the rights of the other co-owners and amount to ouster; injunction therefore rightly granted. (Paras 15–19) B. Civil Procedure Code, 1908—Section 100—Second appeal—Substantial quest...
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 438 (corresponding to Section 397 CrPC)—Revisional jurisdiction—Scope—High Court, while exercising revisional jurisdiction, cannot reappreciate evidence as an appellate court and interfere with concurrent findings unless there is perversity, glaring contradiction, illegality or miscarriage of justice warranting interference. (Paras 12–13, 28–30) B. Indian Forest Act, 1927—Sections 41, 42—HP Forest Produce Transit (Land Routes) Rules, 1978—Rule 20—Conviction for violation of transit requirements—Specific accusation/charge necessary—Where the accused was not specifically informed of the alleged violation of Rule 20, conviction on such ground causes prejudice; prosecution must further establish by reliable and scient...
A. Indian Penal Code, 1860—Sections 366 and 376—Kidnapping/abduction and rape—Appreciation of evidence—Held—Material contradictions between the victim's statement under Section 164 CrPC and her deposition regarding the place of occurrence, coupled with medical and FSL evidence showing no recent sexual intercourse, rendered the prosecution case unreliable. Conviction could not be sustained on such inconsistent evidence. (Paras 8-9, 13) B. Protection of Children from Sexual Offences Act, 2012—Sections 3, 4, 29 and 30—Age of victim—Presumption—Proof of minority—Held—Presumptions under Sections 29 and 30 cannot dispense with proof of the foundational fact that the victim was a child. Age must be established in accordance with law; a school certificate issued by the Headm...
A. Negotiable Instruments Act, 1881—Sections 138 & 141—Dishonour of Cheque—Sole Proprietary Concern—Separate Arraignment—Not Necessary— A sole proprietary concern has no independent legal or juristic existence apart from its proprietor—the proprietor and proprietary concern are legally one and the same person—therefore, where the cheque is issued from the account of a sole proprietary concern and the proprietor is himself prosecuted, separate arraignment of the proprietary concern as an accused is not necessary—the principle in Aneeta Hada v. Godfather Travels & Tours (P) Ltd. requiring arraignment of the principal offender is applicable where the principal offender is a separate juristic entity and not to a sole proprietary concern. (Paras 17–20) B. Code of Criminal P...
Negotiable Instruments Act, 1881—Section 143(3)—Dishonour of Cheque—Expeditious Trial—Time Limit— In a complaint under Section 138 of the Act, the trial is required to be conducted as expeditiously as possible, with an endeavour to conclude it within six months from the date of filing of the complaint—where the proceedings had remained pending due to the respondent’s non-appearance and pending exemption application, the Trial Court was directed to take necessary measures to secure his presence and endeavour to conclude the trial within six months from production of the certified copy of the order. (Paras 6–7) ...
A. Negotiable Instruments Act, 1881—Section 147—Section 138—Dishonour of Cheque—Compounding After Conviction— An offence under Section 138 is compoundable at any stage, including after conviction and dismissal of appeal or revision—voluntary settlement between the parties can be accepted notwithstanding that no further proceedings remain pending. (Paras 12–15) B. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 528—Negotiable Instruments Act, 1881—Section 147—Inherent Powers—Quashing of Conviction and Sentence— The High Court may exercise its inherent jurisdiction to give effect to a settlement and compound an offence under Section 138 even after conviction and sentence have attained finality in revision—upon valid settlement, the conviction and sentenc...