A. Code of Civil Procedure, 1908—Section 96(3)—Order XXIII Rules 3 and 3-A—Appeal against consent decree by a stranger—Maintainability—Held—The statutory bar against an appeal from a consent decree and the estoppel arising therefrom operate only against parties to the compromise—A person who was neither a party to the suit nor to the compromise, and asserts an independent legal interest prejudicially affected by the decree, is not barred from seeking leave to appeal under Section 96 CPC. (Paras 47, 51-54)B. Code of Civil Procedure, 1908—Sections 96 and 100—Appeal by non-party—Leave to appeal—Person aggrieved—Held—A stranger to the original proceedings may prefer an appeal with leave of the appellate Court if the decree prejudicially affects his legal rights or interests—Mere remote, indirect, imaginary or psych...
A. Code of Criminal Procedure, 1973—Section 227—Discharge—Scope of Judicial Scrutiny—Held—At the stage of discharge, the Court must sift and weigh the material to determine whether a prima facie case or grave suspicion exists—The Court must consider the broad probabilities and basic infirmities without conducting a mini-trial—Where only suspicion and not grave suspicion arises, the accused may be discharged. (Paras 25-30)B. Indian Penal Code, 1860—Sections 375, 376(2)(n) and 90—Rape—Consent—Consensual Relationship—Held—Repeated sexual acts during a consensual relationship between adults cannot be retrospectively characterised as rape merely because the relationship subsequently soured—Where the woman continued cohabitation despite becoming aware of the man's earlier marriage, the material did not establish abse...
A. Electricity Act, 2003—Sections 14 (Fourth Proviso), 61, 62, 64, 173 and 174—Damodar Valley Corporation Act, 1948—Sections 40 and 58—Tariff Determination—Applicability of Special Statutory Provisions—Held—Provisions of the DVC Act, insofar as they are not inconsistent with the Electricity Act, continue to apply to DVC by virtue of the Fourth Proviso to Section 14—Section 174 does not repeal the DVC Act but overrides only inconsistent provisions—The special statutory framework governing DVC must therefore be given effect in tariff determination. (Paras 9-14)B. Damodar Valley Corporation Act, 1948—Section 40—Electricity Act, 2003—Section 61—CERC Tariff Regulations, 2009—Regulation 43(2)(iii) and (iv)—Sinking Fund—Depreciation—Recovery through Tariff—Held—Section 40 of the DVC Act permits provision for...
A. Constitution of India—Articles 14 and 16—Public employment—Recruitment process—Corruption and nepotism—Cancellation of selection—Held—Where the entire recruitment process is vitiated by rampant corruption, nepotism and serious irregularities, the selection cannot be sustained merely by segregating tainted and untainted candidates. The purity of the selection process must be maintained, and no equity can be claimed by candidates selected through a tainted recruitment. (Paras 3-5, 11, 18).B. Karnataka Civil Services (Validation of Selection and Appointment of 2011 Batch Gazetted Probationers) Act, 2022—Constitutional validity—Legislative power—Overruling judicial decisions—Held—The Legislature cannot, by enacting a law, annul or render ineffective a judgment of a Constitutional Court. Though retrospective amendmen...
A. Negotiable Instruments Act, 1881—Section 138—Legally enforceable debt—Unlicensed money lending—Promissory note—HELD—In the State of Maharashtra, an advance at interest against a promissory note is not excluded from the definition of “loan” under Section 2(13)(j) of the Maharashtra Money-Lending (Regulation) Act, 2014. Such lending without a licence is prohibited under Section 4 and the loan is unenforceable under Section 13; consequently, the debt does not constitute a legally enforceable debt for the purpose of Section 138 of the NI Act. (Para 6).B. Maharashtra Money-Lending (Regulation) Act, 2014—Sections 2(13)(j), 4 and 13—Unlicensed money lender—Promissory note—Threshold production of licence—HELD—Unlike the Tamil Nadu Money-lenders Act, 1957, the Maharashtra Act does not exclude an advance against a pro...
A. Andhra Pradesh (Telangana Area) (Abolition of Jagirs) Regulation, 1358 Fasli—Regulations 2(h), 4, 5 and 6—Abolition of Jagirs—Vesting of jagir lands in State—Succession to jagirdari rights—HELD—A jagirdar is not the title-holder of the jagir property but holds the estate in relation to its land revenue. Upon abolition of jagirs and transfer of administration to the State, the jagirdar’s powers, rights and liabilities in relation to the jagir ceased, and no person could thereafter be appointed or recognised as a jagirdar, whether by succession or otherwise. (Paras 26-30, 34-35).B. Andhra Pradesh (Telangana Area) (Abolition of Jagirs) Regulation, 1358 Fasli—Regulations 17 and 18—Home farms—Personal property—Exception to vesting—Burden of proof—HELD—The protection available to home farms and personal properties...
A. Arbitration and Conciliation Act, 1996—Sections 34 and 37—Setting aside of arbitral award—Scope of judicial interference—HELD—The jurisdiction of the Court under Section 37 is coterminous with and as broad as its jurisdiction under Section 34. An arbitral award may be set aside under the unamended Section 34 where it is contrary to the terms of the contract, patently illegal or opposed to the public policy of India, provided the illegality goes to the root of the matter. (Paras 44-49).B. Arbitration and Conciliation Act, 1996—Section 28(3)—Interpretation of contract—Arbitral tribunal—Rewriting of contractual terms—HELD—An arbitral tribunal is bound to decide the dispute by taking into account the express terms of the contract and cannot substitute its own terms or grant relief contrary to the agreed contractual ob...
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 47—Constitution of India—Article 22(1)—Communication of grounds of arrest—Constitutional safeguard—Held—The object of communicating grounds of arrest is to enable the arrested person to understand the reasons for apprehension, consult legal counsel and effectively oppose remand or seek bail—The requirement is substantive and must be meaningfully complied with, having regard to the facts and circumstances of each case. (Paras 16, 20-22)B. Bharatiya Nagarik Suraksha Sanhita, 2023—Sections 47 and 483—Regular bail—Non-furnishing of written grounds of arrest—Prejudice test—Held—A procedural lapse in the mode of communicating grounds of arrest does not ipso facto entitle an accused to regular bail in the absence of demonstrable prejudice or denial of a fair opportun...
A. Pension Regulations for the Army, 2008—Regulation 82—Ministry of Defence Policy Letter dated 31-1-2001—Category E(i), Para 4.1—War Injury Pension—Operations specially notified by Government—Held—Category E(i) is enabling in nature and covers operations specially notified by the Government from time to time—Where the notification does not expressly exclude an operation, the benefit of the policy cannot be denied by adopting a restrictive interpretation—Operation Rakshak falls within its ambit. (Paras 10-16, 19-21)B. Ministry of Defence Policy Letter dated 31-1-2001—Part II, Category E—War Injury Pension—Interpretation of pensionary policy—Held—The policymaker must demonstrate the circumstances governing applicability of the policy and cannot interpret its provisions contrary to their plain language or in a ma...
A. Income Tax Act, 1961—Sections 143(2), 143(3) and 147—Reassessment—Notice under Section 143(2)—Mandatory requirement—Held—Issuance of notice under Section 143(2) is a sine qua non for framing reassessment under Section 143(3) read with Section 147—Failure to issue such notice is not a mere procedural irregularity or curable defect and vitiates the reassessment proceedings. (Paras 12-13, 20)B. Income Tax Act, 1961—Section 292BB—Deemed service of notice—Non-issuance of notice—Assessee’s participation—Held—Section 292BB cures defects relating to service, timely service or improper service of a notice alleged to have been issued, but does not apply where the Revenue admittedly never issued the mandatory notice under Section 143(2)—Mere participation or cooperation by the assessee does not confer jurisdiction up...
A. Chhattisgarh Land Revenue Code, 1959—Section 230—Appointment of Village Kotwar—Gram Sabha resolution—Public notice—Held—Appointment to the post of Village Kotwar must be made in accordance with the statutory provisions and prescribed Rules—Prior recommendation in favour of a candidate, before issuance of public notice and submission of application, does not by itself establish that the appointment is void—Validity of the resolution and selection process must be examined on the material available before the competent revenue authorities. (Paras 15-18, 21-22)B. Chhattisgarh Land Revenue Code, 1959—Section 230—Appointment of Village Kotwar—Preference to near relative of erstwhile Kotwar—Vested right—Held—Preference or consideration in favour of a near relative under the applicable Rules does not create an indef...
A. Chhattisgarh Land Revenue Code—Mutation proceedings—Disputed will/Iqrarnama—Succession—Title dispute—Held—Revenue authorities cannot conclusively adjudicate disputed questions of title, genuineness or legal effect of a will in mutation proceedings—Parties claiming rights under a disputed testamentary instrument must establish their respective rights before the competent civil Court—Consequential mutation may be effected on the basis of the civil Court’s adjudication. (Paras 10-12, 14)B. Mutation entries—Revenue records—Fiscal purpose—Effect on title—Held—Mutation entries neither create nor extinguish any right, title or interest in immovable property and have no presumptive value regarding ownership—Such entries are maintained only for fiscal purposes and cannot substitute adjudication of title by a compet...
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory bail—Gravity of accusation—HELD—The gravity of the alleged offence, though a relevant consideration, is not by itself sufficient to deny anticipatory bail. The Court must assess the nature of the accusation, the applicant’s role, antecedents, likelihood of absconding or tampering with evidence, and the necessity of custodial interrogation in the light of the entire record. (Paras 9-10, 15-16).B. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory bail—Subsequent allegation of rape—Earlier complaints and statements—HELD—The allegation of forcible intercourse first emerged in the victim’s statement under Section 183 of the BNSS, recorded after the anticipatory bail petition was filed, whereas the earlier complaint, FIR and department...
A. Specific Relief Act, 1963—Section 16(c)—Specific performance—Readiness and willingness—HELD—The plaintiff seeking specific performance must prove continuous readiness and willingness to perform the essential terms of the contract, including financial capacity and conduct demonstrating intention to complete the transaction. Failure to apply for mandatory purchase permission within the stipulated period, pay the balance consideration or obtain the agreed power of attorney disentitles the purchaser to specific performance. (Paras 17-19, 24-27).B. Specific Relief Act, 1963—Specific performance—Time as essence of contract—Agreement to sell immovable property—HELD—The general principle that time is not ordinarily the essence of contracts relating to immovable property cannot be applied mechanically, particularly where the...
A. Code of Criminal Procedure, 1973—Section 82—Proclamation—Proclaimed Offender—Absconding—HELD—An unexecuted warrant does not, by itself, establish abscondence or justify a proclamation without material showing deliberate evasion. Where the charge-sheet records an identifiable overseas address, failure to pursue recognised channels of service undermines the statutory satisfaction required under Section 82(1). The proclamation declaring the petitioner a Proclaimed Offender was set aside. (Paras 23-32, 37).B. Code of Criminal Procedure, 1973—Section 82(4)—Proclaimed Offender—Specified offences—HELD—A person may be declared a Proclaimed Offender under Section 82(4) only where the proclamation concerns an offence enumerated in that provision. As the offences alleged against the petitioner were not included in the statut...
A. Code of Criminal Procedure, 1973—Section 482—Quashing of criminal proceedings—Abuse of process of Court—Mala fide prosecution—HELD—The High Court may exercise its inherent jurisdiction where the allegations and attending circumstances, considered cumulatively, indicate that criminal proceedings have been instituted for an ulterior purpose or that the allegations do not prima facie constitute the offences alleged. Although the Court cannot conduct a mini-trial or meticulously assess the evidence at this stage, it may examine the surrounding circumstances and preliminary materials to prevent abuse of process and secure the ends of justice. The criminal proceedings against the surviving petitioners were quashed. (Paras 15-21, 23-24, 32-36).B. Indian Penal Code, 1860—Sections 323, 341, 504, 506 and 379—Essential ingredients...
A. Code of Civil Procedure, 1908—Order VII Rule 11(a)—Rejection of plaint—Cause of action—Defamation—HELD—For rejection of a plaint, the Court must meaningfully read the plaint as a whole and determine whether its averments, taken to be correct, disclose a legally sustainable cause of action. In a defamation suit, the plaint must plead the essential ingredients of a defamatory imputation, including its making or publication by the defendant and communication to a third person. Mere assertion of reputational harm, without pleading these essential elements, does not disclose a cause of action. (Paras 12-15, 17-19, 31-35).B. Indian Penal Code, 1860—Section 499—Defamation—Essential ingredients—Publication of imputation—HELD—Defamation requires an imputation concerning a person, made with the requisite intention or know...