A. Code of Criminal Procedure,1973—Section 432—Bharatiya Nagarik Suraksha Sanhita,2023—Section 473—Permanent Remission—Premature Release—Remission Policy— Where the appropriate Government has a policy governing premature release, it is under an obligation to consider the case of every eligible convict in accordance with the applicable policy—such consideration need not await a specific application by the convict or his relatives—District Legal Services Authority is required to monitor eligibility and facilitate the remission process. [Paras 6–9] B. Code of Criminal Procedure,1973—Section 432—BNSS,2023—Section 473—Permanent Remission—Long Incarceration—Life Convict—Bail— A convict undergoing life imprisonment for an offence under ...
A. Fundamental Rules, FR 56(j)—Compulsory Retirement—Public Interest—Judicial Review—Scope—Compulsory retirement is non-punitive, but the power remains subject to judicial review—interference is permissible where the order is mala fide, arbitrary, perverse, based on no evidence or founded on collateral considerations—court cannot act as an appellate authority but can examine whether the requisite satisfaction has a rational basis. [Paras 37,39–41,49] B. Fundamental Rules, FR 56(j)—Compulsory Retirement—Entire Service Record—Recent Merit-Based Promotion—Effect—Entire service record is required to be considered, with due weight to the immediate past—earlier adverse material is not automatically erased by promotion, but a recent promotion earned on merit i...
A. Indian Partnership Act, 1932—Sections 7,43,46,48—Partnership at Will—Dissolution—Outgoing Partner—Share in Partnership Assets— Where the partnership is at will, any partner may dissolve the firm by written notice under Section 43—the firm stands dissolved from the date specified in the notice—on dissolution, every partner is entitled to have the partnership property applied towards debts and liabilities and the surplus distributed according to his share—the date of dissolution determines the profits and losses to be accounted for, but does not by itself restrict the outgoing partner’s right in the residue of partnership assets. [Paras 40.1,42.1,44,57–57.2,60] B. Indian Partnership Act, 1932—Sections 46,48—Dissolution—Partnership Assets—Valuatio...
A. SEBI (Buyback of Securities) Regulations,1998—Regulations 14(3),15B(8)—Escrow Account—Forfeiture—Release—PFUTP Regulations—Fraud— Release of escrow under Regulation 15B(8) is confined to determining whether the escrow is liable to be forfeited—it does not constitute an adjudication that the company has not committed fraud under the PFUTP Regulations—satisfaction of the conditions for release of escrow does not create any statutory bar or immunity against an independent inquiry into fraudulent or manipulative conduct. [Paras 30–36,57]. B. SEBI (PFUTP) Regulations,2003—Regulations 2(1)(c),3,4—Fraud—Market Manipulation—Proof—Balance of Probabilities— Fraud cannot be established merely on allegations, conjectures or surmises—it must be ...
A. Code of Criminal Procedure,1973—Section 438—Anticipatory Bail—Cancellation—Breach of Bail Condition—Matrimonial Dispute—Resumption of Conjugal Life— An anticipatory bail order cannot be cancelled merely because the accused declined to comply with a condition requiring him to resume conjugal life with the informant—such a condition,imposing a personal matrimonial obligation,is not a legitimate ground for cancellation of bail—where investigation was complete,charge-sheet had been filed and custodial interrogation was no longer required,the cancellation of pre-arrest bail was unsustainable and the original bail order was restored. [Paras 4–8] B. Code of Criminal Procedure,1973—Section 438—Anticipatory Bail—Cancellation—Matrimonial Obligation—Bail ...
A. Indian Penal Code,1860—Sections 302,34—Murder—Common Intention—Eyewitness Evidence—Benefit of Doubt—Conviction cannot be sustained merely on related eyewitness testimony where material contradictions and omissions cast doubt on their presence at the scene—the prosecution evidence regarding the manner of occurrence, movement of the deceased and injuries was inconsistent—failure of investigation to secure scene evidence and weapons further weakened the prosecution case—accused entitled to benefit of reasonable doubt. [Paras 13–20]. B. Indian Penal Code,1860—Section 302—Murder—Eyewitnesses—Related Witnesses—Credibility—Relationship with the deceased does not by itself render a witness an interested witness—however, where surrounding ci...
A. Indian Penal Code,1860—Sections 302,149,34—Unlawful Assembly—Common Intention—Common Object—Acquittal— Acquittal of A6 and A12 reversed where reliable eyewitness evidence consistently established their participation in the unlawful assembly—A6 had held the deceased while A1 fired the fatal shot and A12 had exhorted A1 to fire—absence of separate overt act could not defeat liability where common intention or common object was established. [Paras 9,22–24,27]. B. Indian Penal Code,1860—Sections 302,149,34—Acquittal—A13—Common Intention—Common Object—Substantive Evidence— Acquittal of A13 upheld despite the High Court’s reasoning being found erroneous—his presence, possession of a double-barrel gun and alleged threats were not sup...
A. National Highways Act, 1956—Sections 3G,3H—Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013—Section 105—Land Acquisition—Solatium—Interest—Applicability— Acquisitions under the NH Act became entitled to the benefits of the 2013 Act from 01.01.2015 pursuant to the statutory amendment—where compensation was determined by the Competent Authority under Section 3G before 01.01.2015, solatium, interest and interest on solatium are to be computed under the Land Acquisition Act,1894—even if the acquisition proceedings commenced earlier. [Paras 11–13,23–24]. B. National Highways Act, 1956—Section 3G—Award—Competent Authority—Arbitrator—Compensation—Determination— Determina...
A. Uttar Pradesh Industrial Area Development Act, 1976—NOIDA Zero Period Policy—Clause 5—Commercial Plot—Access Road—Construction— Zero Period Policy is intended to provide relief where, despite possession under a lease, circumstances beyond the developer’s control prevent effective access to the allotted plot and consequently stall construction—Clause 5 cannot be interpreted narrowly merely because some limited access is available—where adequate, easy and legitimate access contemplated under the sanctioned plan is not provided for reasons attributable to the Authority, Zero Period benefit cannot be denied on the ground that some access existed. [Paras 30–35]. B. NOIDA Zero Period Policy—Clause 5—Lease Deed—45-Metre Front Road—Encroachment—Statuto...
A. Arbitration and Conciliation Act, 1996—Sections 5,16—Arbitration—Excepted Matters—Works Contract—Jurisdiction— Whether a dispute relating to termination of a works contract falls within an “excepted matters” clause is a question concerning the jurisdiction and arbitrability of the Arbitral Tribunal—such question is squarely within the competence of the Tribunal under Section 16 and is not ordinarily for determination by a Court exercising judicial review under Article 226—the Court cannot pre-determine the Tribunal’s jurisdiction. [Paras 13–18]. B. Arbitration and Conciliation Act, 1996—Section 16—Excepted Matters—Arbitral Tribunal—Kompetenz-Kompetenz— The principle of kompetenz-kompetenz empowers the Arbitral Tribunal to rule upon ...
A. Hindu Adoptions and Maintenance Act,1956—Section 10(iv)—Adoption—Age of Adopted Person—Registered Deed of Adoption—Prior Adoption— For determining the validity of adoption under Section 10(iv), the relevant consideration is whether the person had completed fifteen years at the time when the adoption was actually made—the factum of adoption is completed by actual giving and taking of the child in adoption and a subsequently registered deed is not necessarily the moment of adoption but may merely record or evidence an adoption already made—where affidavits and other materials established the adoption and assumption of the relationship while the petitioner was below fifteen years of age, rejection of compassionate appointment solely on the basis of his age on the date of the subsequent regis...
A. Bharatiya Nagarik Suraksha Sanhita,2023—Section 58—Constitution of India—Article 22(2)—Arrest—Production before Magistrate—24-Hour Constitutional Safeguard—Bail— Section 58 of BNSS read with Article 22(2) mandates production of an arrested person before the nearest Magistrate within 24 hours of arrest, excluding the time necessary for journey from the place of arrest to the Magistrate’s Court—where the accused persons were apprehended on 28.03.2026 and produced before the Magistrate only after 4.40 p.m. on 30.03.2026 and, even after excluding approximately 10 hours required for the journey, detention exceeded 24 hours without Magistrate’s authority, the arrest and subsequent remand stood vitiated—accused were consequently entitled to bail on account of violation of...
A. Bharatiya Nagarik Suraksha Sanhita,2023—Section 483—Bail—Parity—Co-accused—Husband—Absence from Scene of Occurrence— Where co-accused parents-in-law and brother-in-law alleged to be present at the scene of occurrence have already been granted bail and such orders have not been challenged by the informant, the husband, who was admittedly not present at the scene of occurrence, is entitled to consideration of the principle of parity—where his alleged role was confined to instigation and the principal allegation regarding procurement of poison was against the father-in-law, parity along with the petitioner’s absence from the scene constitutes a relevant circumstance for grant of bail. [Para 3] B. Bharatiya Nagarik Suraksha Sanhita,2023—Section 483—Bail—Pre-trial De...
A. Indian Penal Code,1860—Sections 299,300,301 and 304 Part II—Culpable Homicide—Murder—Intention and Knowledge—Fatal Blow to Intervening Person— Mere fact that the accused’s act resulted in death does not by itself constitute murder—the prosecution must establish that the act falls within one of the four clauses of Section 300—where the accused intended to assault one person and the deceased intervened and sustained the fatal blow, the culpability of the accused has to be determined with reference to the intention or knowledge accompanying the intended assault—the fact that the injury ultimately proved fatal is insufficient by itself to establish the intention required under Section 300—where the circumstances establish knowledge that the act was likely to cause death but ...
A. Code of Civil Procedure,1908—Order 14 Rule 1—First Appellate Court—Non-Framing of Points of Determination—Prejudice—Procedural Irregularity— Non-framing of a separate point of determination by the First Appellate Court does not by itself vitiate the judgment—what is material is whether the parties were aware of the controversy and had adequate opportunity to lead evidence and advance submissions thereon—where the parties fully understood the issues arising from the challenge to the Will and had led evidence on those issues,the omission to formally frame separate points of determination caused no prejudice and could not be a ground for interference. [Paras 66–83] B. Indian Succession Act,1925—Section 63—Will—Execution—Attestation—Attesting Witnes...
A. Kerala Co-operative Societies Act,1969—Section 83(1)(j)—Kerala Co-operative Societies Rules,1969—Rules 82,83—Auction Sale—Setting Aside—Material Irregularity or Fraud—Limitation— An application to set aside an auction sale on the ground of irregularity or fraud under Rule 83 is required to be filed within thirty days from the date of sale—where the judgment-debtors neither raised objections during the execution proceedings nor invoked Rules 82 or 83 within the prescribed period,the subsequent statutory appeal against confirmation of sale and writ proceedings cannot be used to revive a stale challenge—the principles underlying Order XXI Rule 90(3) CPC are applicable to auction sales conducted in execution of co-operative awards. [Paras 18–25] B. Kerala Co-operative Soc...
A. Hindu Adoptions and Maintenance Act,1956—Section 20(3)—Maintenance—Unmarried Daughter—Majority—Right to Claim Maintenance— An unmarried Hindu daughter is entitled to claim maintenance from her father under Section 20(3) even after attaining majority,provided she is unable to maintain herself—the obligation is enforceable against the father and does not cease merely because the daughter has attained majority—the fact that the daughter is pursuing higher education does not by itself disentitle her from claiming maintenance. [Paras 7–8] B. Hindu Adoptions and Maintenance Act,1956—Section 20—Maintenance of Children—Liability of Parents—Earning Wife—Financial Capacity— The obligation to maintain children is shared by both parents but cannot be divid...
A. Protection of Women from Domestic Violence Act, 2005—Section 29—Appeal—Limitation—Condonation of Delay—Welfare Legislation— Rejection of an application seeking condonation of delay in filing an appeal under Section 29, though interlocutory in form, finally terminates the statutory appellate remedy and is amenable to revisional scrutiny—In proceedings under the beneficial and welfare-oriented Domestic Violence Act, Courts should ordinarily prefer adjudication on merits rather than shut out an appeal on limitation—Procedural technicalities should not defeat substantial justice. [Paras 18, 21–25]. B. BNSS, 2023—Section 438(2)—Revision—Interlocutory Order—Condonation of Delay—Final Effect— The character of an order is not determined merely by its l...
A. Indian Penal Code, 1860—Section 306—Abetment of Suicide—Marital Cruelty—Proximate Cause—Cumulative Circumstances— Conviction under Section 306 IPC can be sustained where the conduct of the accused and circumstances preceding suicide establish abetment having a proximate causal connection with the deceased taking the extreme step—Relationship with another woman, quarrels, neglect, disappearance of the accused and resultant mental agony were required to be considered cumulatively—Where such circumstances, read with suicide note and oral evidence, established the accused’s conduct as the proximate cause, conviction was upheld. [Paras 14–18]. B. Indian Penal Code, 1860—Section 306—Abetment of Suicide—Suicide Note—Evidentiary Value—Delayed Forwardin...
A. Narcotic Drugs and Psychotropic Substances Act, 1985—Section 20(b)(ii)(B)—Criminal Procedure—BNSS Section 479—Suspension of Sentence—First-time Offender—One-third of Maximum Sentence— Where the convict is a first-time offender and has undergone imprisonment for more than one-third of the maximum sentence prescribed for the offence, the benefit of Section 479 BNSS may be considered for suspension of sentence—In an offence under Section 20(b)(ii)(B) NDPS Act carrying maximum sentence of 10 years, completion of more than one-third of the maximum period justified suspension of substantive sentence during pendency of appeal. [Paras 4–8]. B. BNSS, 2023—Section 479—CrPC Section 436-A—Convict—Suspension of Sentence—Pending Appeal—Delay not attributable...