A. Indian Penal Code, 1860—Sections 376(2)(i), 302, 201—Protection of Children from Sexual Offences Act, 2012—Sections 4, 6—Indian Evidence Act, 1872—Section 3—Criminal trial—Circumstantial evidence—Complete chain of circumstances—Conviction for rape, murder and causing disappearance of evidence, along with POCSO offences, can be sustained only when every incriminating circumstance is fully established and all circumstances cumulatively form a complete and conclusive chain pointing only towards guilt and excluding every reasonable hypothesis of innocence—Where the circumstances relied upon by prosecution, including last-seen evidence, recovery, DNA/FSL evidence and other material, leave material gaps and create reasonable doubt, conviction cannot be sustained. [Paras 6–8, 10–11]B. Indian Evidence Act, 1872—Sectio...
A. Contract—Government Contract—Recovery of alleged overpayment—Cross-contract adjustment—A contractual power to recover amounts due under one contract from payments payable under another contract must be traceable to an applicable contractual provision and can be exercised only subject to the conditions prescribed therein—Clauses relating to liquidated damages, defects-liability termination or integrity-pact violations could not justify recovery where their stipulated conditions were not attracted—Disputed liability arising from earlier works could not be appropriated from amounts payable under distinct and ongoing contracts. [Paras 19–23]B. Contract—Government Contract—Technical audit—Recovery of overpayment—Special Conditions of Contract, Clause 4.1—Natural justice—Clause specifically requiring opportunity to ...
A. Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002—Sections 13(8), 13(4)—Security Interest (Enforcement) Rules, 2002—Rules 8, 9—Sale of immovable secured asset—Mandatory procedure—Rules 8 and 9 prescribing thirty days’ notice, publication, confirmation of sale and issuance of sale certificate constitute mandatory safeguards and must be scrupulously followed—A sale conducted in breach of these statutory requirements cannot be sustained—The procedural safeguards are integral to the exercise of the extraordinary power of secured creditor to sell the borrower’s property without intervention of court. [Paras 26–30]B. Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002—Section 13(8)—Security Interest (Enforcement) Rule...
A. Insolvency and Bankruptcy Code, 2016—Sections 7, 9, 10 and 65—Initiation of CIRP by fraud and collusion—Recall of admission—Where jurisdictional facts forming the basis for invocation of IBC jurisdiction are subsequently proved to be fraudulent or collusive, Adjudicating Authority has power and jurisdiction to recall admission of the insolvency application—A party invoking statutory jurisdiction owes a public law duty not to deceive or mislead the Adjudicating Authority on jurisdictional facts—Fraud or collusion affecting such foundational facts cannot sustain continuation of jurisdiction—CIRP initiated on the basis of a fraudulently portrayed operational debt was therefore liable to be considered for recall. [Paras 22–30, 49(i)]B. Insolvency and Bankruptcy Code, 2016—Sections 7, 9, 10 and 12A—CIRP—Effect of admis...
A. Negotiable Instruments Act, 1881—Section 138, proviso (b)—Statutory Demand Notice—Service by Registered Post at Correct Address—Where statutory notice is dispatched by registered post to the correct address of the drawer, the mandatory requirement of “giving of notice” under proviso (b) to Section 138 stands satisfied—Personal receipt of notice by the drawer is not indispensable and a rebuttable presumption of valid service arises—The drawer must rebut such presumption by establishing that the address was incorrect, that he had no knowledge of the notice or that the postal endorsement was erroneous. [Paras 18–24, 31–35]B. Negotiable Instruments Act, 1881—Section 138, proviso (b)—General Clauses Act, 1897—Section 27—Indian Evidence Act, 1872—Section 114—Service of Notice—Receipt by Mother of Drawer—Wh...
A. National Security Act, 1980—Section 3(2)—Preventive Detention—Extra-judicial Confession—A confessional statement made before a police officer, particularly where its voluntariness is disputed on the ground of threat or torture, cannot by itself and in the absence of independent supporting material constitute the basis for forming the subjective satisfaction necessary to sustain an order of preventive detention—Such use must be tested on the twin anvil of Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 and Article 20(3) of the Constitution—A statement which the law treats as inherently unreliable and excludes from evidentiary consideration cannot constitute the substantive foundation for preventive detention—To the extent the Full Bench decision in Suman v. State of Tamil Nadu permitted reliance upon a police confessio...
A. Code of Civil Procedure, 1908—Order II Rule 2—Specific performance—Earlier suit for permanent injunction—Subsequent suit for specific performance—Bar—Where cause of action in the earlier suit had already entitled the plaintiff to seek specific performance, and the plaintiff omitted that relief without obtaining leave of the Court at the time of institution, a subsequent suit for specific performance is barred under Order II Rule 2(3)—Withdrawal of the earlier suit with liberty to institute a fresh suit does not cure the omission, since leave to reserve the omitted relief must be obtained when the earlier suit is instituted—Order XXIII Rule 1(3) cannot be invoked to introduce in the fresh suit a relief which had already accrued and was omitted in the earlier suit. [Paras 8–9, 14–16, 23–27].B. Code of Civil Procedur...
A. Prevention of Corruption Act, 1988—Sections 7(c), 9, 10, 12, 13(1)(a) and 13(2)—Bail—Economic offence—Investigation complete and chargesheets filed—Prosecution case predominantly resting upon voluminous documentary records and electronic trails already seized and in safe custody of investigating agency, substantially eliminating apprehension of tampering—Charges yet to be framed and trial not commenced, with large number of witnesses and extensive documentary evidence indicating a protracted trial—Continued pre-trial incarceration held unwarranted and contrary to the liberty protected under Article 21 of the Constitution—Bail granted. [Paras 10–15].B. Constitution of India—Article 21—Right to personal liberty—Prolonged pre-trial incarceration—Pre-trial custody cannot be permitted to operate as punitive detenti...
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory Bail—Completion of investigation—Where the appellants had cooperated with the investigation and charge-sheets had already been filed against the accused including the appellants, and investigation stood concluded, the appellants were held entitled to protection under Section 482 BNSS—High Court orders rejecting anticipatory bail set aside and directions issued for release on bail in the event of arrest.B. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory Bail—Conditions—Appellants directed to furnish cash security of Rs.25,000 each with two like sureties and to extend complete cooperation in the ensuing trial—Appellants restrained from misusing liberty, influencing witnesses or tampering with material on record—Infraction of conditio...
A. Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8, 21 and 22—Anticipatory Bail—Completion of investigation and framing of charge—Where investigation stood completed and charges had already been framed, no ground remained for incarceration of appellant pending trial—Appellant having joined and cooperated with investigation pursuant to interim protection, anticipatory bail granted subject to conditions prescribed by trial Court and statutory conditions under Section 482(2), Bharatiya Nagarik Suraksha Sanhita, 2023—Impugned High Court order denying anticipatory bail set aside.B. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482(2)—Anticipatory Bail—Conditions—Appellant directed to abide by statutory conditions and cooperate during trial—Grant of anticipatory bail confined to protection from arrest in...
A. Code of Criminal Procedure, 1973—Section 482—Quashing of FIR on basis of compromise—Heinous offences—Inherent power under Section 482 is distinct from power of compounding under Section 320 and may extend to non-compoundable offences, but must be exercised sparingly to secure the ends of justice or prevent abuse of process—Prosecutions involving heinous and serious offences such as rape, murder and dacoity, having serious impact on society, cannot ordinarily be quashed merely on the basis of compromise between the victim and accused. [Paras 10–11]B. Indian Penal Code, 1860—Section 376—Rape—Code of Criminal Procedure, 1973—Section 482—Quashing of FIR on basis of compromise—Rape being a heinous offence and not a private dispute, compromise between the victim and accused cannot constitute a ground for quashing the ...
A. Code of Criminal Procedure, 1973—Section 482—Quashing of Criminal Proceedings—Vague and absurd FIR—Where FIR contains no specific date, time, identity of persons allegedly making demands or sending staff and the allegations, even if taken at face value, do not disclose the ingredients of the alleged offences, continuation of criminal proceedings would amount to abuse of process and the same is liable to be quashed [Paras 10–14].B. Code of Criminal Procedure, 1973—Section 482—Inherent Powers—Mala fide prosecution—Where criminal proceedings are instituted in the backdrop of an existing civil/ancestral property dispute and the allegations are vague, absurd and apparently motivated by personal grudge, the High Court may examine the attending circumstances beyond the bare averments in the FIR and exercise inherent jurisdic...
A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 415(2)—Appeal against Conviction—Maintainability—Appeal against judgment of conviction and sentence passed by Special Court under the NDPS Act maintainable under Section 415(2) BNSS—Appellate Court examined legality of conviction under Sections 22(c) and 25 NDPS Act and reappreciated the evidence relating to search, seizure, sampling and custody of contraband. [Paras 2, 43]B. Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 42 and 57—Search and Seizure—Chance Recovery—Where vehicle was intercepted during random checking without prior information regarding commission of an offence under the NDPS Act, Section 42(1) is not attracted—Information subsequently reduced into writing after recovery cannot be treated as prior information contemplated by Section 42...
A. Code of Criminal Procedure, 1973—Section 156(3)—Direction for Registration of FIR—Complaint against Police/Other Public Authorities—Magistrate—Before invoking jurisdiction under Section 156(3) Cr.P.C., complainant is required to approach the In-charge of the concerned Police Station for registration of FIR and, where necessary, avail the remedy before the superior police authority—Failure to follow the prescribed course, coupled with absence of supporting affidavit, justifies dismissal of the application—Principle laid down in Priyanka Srivastava v. State of U.P., (2015) 6 SCC 287, reiterated. [Paras 2, 7, 11, 13–15]B. Code of Criminal Procedure, 1973—Section 156(3)—Affidavit—Mandatory Safeguard—Application seeking investigation under Section 156(3) Cr.P.C. must be supported by an affidavit—Object is to ensure...
A. Arms Act, 1959—Section 25—Possession of illegal weapon—Recovery—Non-joining of public witnesses—Effect of—Accused allegedly apprehended with a buttondar knife in a public place—No independent public witness was joined in the investigation despite availability—Held, the failure of the prosecution to make sincere efforts to join public witnesses, when they were admittedly available, raises serious doubts about the veracity of the alleged recovery and is fatal to the prosecution's case. [Paras 12, 13, 14] B. Arms Act, 1959—Section 25—Procedural Lapses—FIR number on seizure documents—Seizure memo and sketch of the weapon prepared prior to the registration of the FIR bore the FIR number—Held, the presence of the FIR number on documents prepared prior to its registration indicates either that the FIR number was...
A. Code of Civil Procedure, 1908—Order XXXIX Rules 1 and 2—Interim Mandatory Injunction—Eviction of Former Daughter-in-law—Self-acquired Property of Parents-in-law—Senior Citizens—The right of residence of a daughter-in-law under Section 17 of the DV Act is enforceable primarily against her husband and does not entitle her to remain indefinitely in the self-acquired property of her elderly parents-in-law, especially after a decree of divorce has been passed and where continued co-habitation is detrimental to their health, peace, and dignity. In exceptional circumstances involving harassment of aged parents, courts possess jurisdiction to grant interim mandatory injunctions directing eviction. [Paras 15, 16, 18] B. Code of Civil Procedure, 1908—Order XXXIX Rules 1 and 2—Interim Injunction—Appellate Review—Scope of Inter...
A. Code of Civil Procedure, 1908—Order XLVII Rule 1—Review—Scope and Grounds—Review jurisdiction is confined to discovery of new and important matter or evidence which despite due diligence was not within the applicant’s knowledge or could not be produced earlier, mistake or error apparent on the face of the record, or any other sufficient reason analogous to the specified grounds—Review cannot be exercised merely because the earlier decision is erroneous on merits or another view is possible. [Paras 7, 10, 11]B. Code of Civil Procedure, 1908—Order XLVII Rule 1—Error Apparent on the Face of Record—An error apparent must be self-evident and patent, not an error which can be established only through a long process of reasoning—A mere erroneous decision or a conclusion capable of being reconsidered on merits does not cons...
A. Indian Penal Code, 1860—Sections 304 Part II and 324—Culpable Homicide Not Amounting to Murder—Intention—Where accused came to the house without any predetermined intention to assault and, only upon being questioned by deceased, picked up an axe and assaulted him, occurrence did not constitute murder—Conviction under Section 304 Part II IPC held justified as culpable homicide not amounting to murder—Conviction upheld. [Paras 16–17].B. Indian Evidence Act, 1872—Section 118—Child Witness—Evidentiary value—Evidence of child witness cannot be rejected merely on account of age or possibility of tutoring—Where child witness is competent, withstands cross-examination and testimony inspires confidence, conviction can be based upon such evidence—Corroboration is a rule of prudence and caution rather than an absolute ru...
A. Negotiable Instruments Act, 1881—Sections 138, 118 and 139—Dishonour of Cheque—Legally enforceable debt—Presumption under Sections 118 and 139 does not dispense with requirement of establishing legally enforceable debt—Where complainant failed to produce loan account statement or other material showing that Rs.48,515 was actually due on the date of issuance of cheque, and complainant was unable to state the exact amount repaid and outstanding, essential ingredient of Section 138 remained unproved—Acquittal upheld. [Paras 7, 10–12].B. Negotiable Instruments Act, 1881—Sections 138, 118 and 139—Cheque issued as security—Defence of misuse—Accused specifically pleaded that cheque was issued as security while availing loan and that part of loan had already been repaid—Complainant failed to produce counter-slip or othe...