A. Criminal Procedure Code, 1973—Sections 154 and 482—Clubbing and consolidation of multiple FIRs—Governing principles—Held, multiple FIRs cannot be registered for the same incident or for connected transactions constituting the same offence—However, subsequent FIRs are permissible where they relate to distinct and separate transactions or disclose the commission of distinct offences—A "test of sameness" governs whether registration of multiple FIRs is permissible in a given case. (Paras 14–16) B. Constitution of India, 1950—Article 32—Writ petition for quashing multiple FIRs—Maintainability—Held, jurisdiction under Article 32 is an extraordinary remedy to be exercised sparingly and only in exceptional circumstances—A petitioner must ordinarily approach t...
A. Telecom Regulatory Authority of India Act, 1997—Sections 11, 13, 29, 34, 36 and 37—Adjudicatory jurisdiction—Disputes between Multi-System Operators and Local Cable Operators—Held, TRAI has no jurisdiction to adjudicate disputes or enforce penalties between Multi-System Operators (MSOs) and Local Cable Operators (LCOs); its role is confined to regulatory functions such as issuing directions for compliance with regulations and acting as a complainant before a competent court for non-compliance—Adjudication of disputes between service providers lies exclusively with the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) under Section 14 of the Act. (Paras 11, 13, 15, 17–19) B. Telecom Regulatory Authority of India Act, 1997—Section 11(1)(b) read with Section 13—Scope of direction...
A. Uttar Pradesh Industrial Training Institutes (Instructors) Service Rules, 2014—Rule 16(3)(b)(i)—Fixation of qualifying/cut-off marks absent statutory prescription—Held, where the 2014 Rules did not prescribe any qualifying or cut-off marks for selection to the post of Instructor, the fixation of such cut-off marks by the Selection Committee/State was arbitrary and contrary to the recruitment procedure prescribed under the Rules, and such arbitrary criterion cannot be validated merely on the ground that the candidates participated in the selection process without raising a prior objection. (Paras 18–19) B. Service Law—Recruitment—Relief to candidates subjected to arbitrary selection criteria—Availability of vacancies—Held, where the appellants were subjected to arbitrary treatment on ac...
Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8/20—Indian Penal Code, 1860—Sections 419, 420, 467, 468, 471, 120-B—Regular bail—Criminal antecedents—Alleged misuse of concession of bail in earlier case—Prolonged custody—Held, though a suspect who misuses the concession of bail by committing subsequent offences would ordinarily not be entitled to discretionary relief, and though the petitioner had criminal antecedents and was alleged to have committed the subject offence while on bail in an earlier case, the petitioner having already spent more than eighteen months in custody, co-accused having already been enlarged on bail, chargesheet having been filed, and conclusion of the trial likely to take further time, bail directed to be granted without expressing any opinion on meri...
Criminal Procedure Code, 1973—Anticipatory bail—Compliance with interim conditions—Held, where the appellant, granted interim protection from arrest subject to conditions including deposit of passport, appearance before the Investigating Officer, and cooperation with investigation, was found to have fully complied with such conditions, cooperated during investigation, and neither threatened nor influenced any witness nor attempted to interfere with the investigation, and having regard to the nature of the crime and the manner of its alleged commission, the interim order granting anticipatory bail confirmed—Appellant directed to continue cooperating during investigation/trial, avoid unnecessary adjournments, and report before the Investigating Officer every alternate Monday until completion of investigation, with li...
Criminal Procedure Code, 1973—Anticipatory bail—Cross-FIR—Compliance with conditions of interim protection—Held, where the appellant, granted interim protection from arrest subject to conditions including cooperation with investigation, deposit of passport, and appearance before the Investigating Officer, was found to have fully complied with such conditions, cooperated during investigation, and neither threatened nor influenced any witness nor attempted to interfere with the investigation, and having regard to the nature of the crime and the existence of a cross-FIR, the interim order granting anticipatory bail confirmed—Appellant directed to continue cooperating during investigation/trial, avoid unnecessary adjournments, and report before the Investigating Officer every alternate Monday until completion of ...
Indian Penal Code, 1860—Section 394—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482(2)—Anticipatory bail—Cooperation with investigation—No cause for custodial interrogation—Held, where the appellant, granted protection from arrest subject to joining and cooperating with the investigation, had in fact joined and continued to cooperate with the investigation as confirmed by the State, no cause is made out for his custodial interrogation at this stage—Impugned order of the High Court denying anticipatory bail set aside; appellant directed to be released on bail forthwith, on such terms and conditions as the trial Court may fix, in the event of arrest in connection with the FIR, subject to compliance with the conditions under Section 482(2) of the BNSS, 2023 and continued cooperation with t...
A. Indian Stamp Act, 1899—Section 26 Proviso—Mining lease—Stamp duty—Basis of computation—Held: In the case of a mining lease, where the value of the subject matter is indeterminate at the time of execution, stamp duty is to be computed on the basis of the anticipated royalty estimated in accordance with the proviso to Section 26 and not solely on the basis of dead rent. The proviso is neither inconsistent with nor repugnant to the main provision and specifically governs mining leases. (Paras 10 to 14) B. Mines and Minerals (Development and Regulation) Act, 1957—Sections 9 and 9A—Royalty and dead rent—Distinction—Held: Royalty is a variable payment linked to the quantity or value of minerals extracted, whereas dead rent is the minimum guaranteed payment based on the leased area, pay...
A. Modified Assured Career Progression Scheme (MACPS)—Paragraph 8—Railway Guard Cadre—Promotions carrying same Grade Pay—Held: Promotions earned within the Railway Guard cadre to distinct posts forming part of the promotional hierarchy under the Recruitment Rules, though carrying the same Grade Pay of Rs.4200, are required to be counted for the purpose of financial upgradations under Paragraph 8 of the MACPS. An employee who has progressed up to the post of Mail/Express Guard exhausts the permissible financial upgradations under the Scheme and is not entitled to further MACP benefits. (Paras 37 to 42, 65(i) and (ii)) B. Modified Assured Career Progression Scheme (MACPS)—Paragraphs 5 and 8—Interpretation—Held: Paragraph 5 is a transitional provision dealing with the treatment of promotions and A...
Narcotic Drugs and Psychotropic Substances Act, 1985—Section 20(b)(ii)(C)—Suspension of sentence pending disposal of appeal—Fixed-term sentence, substantial period already undergone—Held, where the petitioner, sentenced to ten years' rigorous imprisonment, had already undergone about six years and four months of the sentence, and the appeal before the High Court was likely to take some time for disposal, the High Court's refusal to suspend the sentence and enlarge the petitioner on bail pending disposal of Criminal Appeal No. 80/2024 was not sustainable—Sentence suspended and petitioner directed to be enlarged on bail pending disposal of the appeal, subject to the satisfaction of the concerned Trial Court. (Paras 4, 6–7) ...
Bharatiya Nagarik Suraksha Sanhita, 2023—Section 447—Criminal Procedure Code, 1973—Section 173(2)—Prevention of Corruption Act, 1988—Section 13(1)(a) read with Section 13(2)—Transfer of pending trials upon investigation being taken over by CBI—Held, where investigation into the offences was, pursuant to directions of the High Court, taken over and completed by the CBI after re-registration of the FIR, and a final report under Section 173(2) Cr.P.C. was filed before the Court of the Special Judge, Anti-Corruption, CBI, Dehradun—the notified Court having jurisdiction to try cases investigated by the CBI—continuation of the connected miscellaneous criminal cases arising out of the earlier charge-sheets before the Court of the Special Judge, P.C. Act, Kumaon Region, Haldwani, would not be ...
Bharatiya Nagarik Suraksha Sanhita, 2023—Section 447—Criminal Procedure Code, 1973—Section 125—Transfer of case—Maintenance proceedings—Convenience of applicant residing away from the court of institution—Participation through video conferencing—Held, transfer of proceedings under Section 125 Cr.P.C. from the Family Court, Almora, to the Family Court, Haridwar, sought on the ground of the applicant's alleged permanent shift to Haridwar and the resultant hardship of travel, cannot be granted where the record shows that the applicant has already participated in the proceedings through video conferencing, appeared in person and tendered her evidence before the trial Court despite the claimed shift, and is, in fact, working and residing in District Sirmaur, Himachal Pradesh, and not at Harid...
A. Criminal Procedure Code, 1973—Section 482—Indian Penal Code, 1860—Section 376—Quashing of FIR/charge sheet—Physical relationship on alleged false promise of marriage—Consent—Held, where the complainant and the applicant came in contact through a dating application, developed a relationship over a considerable period during which the applicant frequently visited the complainant, and the first and subsequent instances of physical relations took place with the free consent of the complainant, the subsequent failure of the relationship to culminate in marriage cannot retrospectively convert consensual physical relations into an offence under Section 376 IPC on the false pretext of marriage—Reliance placed on Biswajyoti Chatterjee v. State of West Bengal, (2025) 5 SCC 749, and Samadhan v. Stat...
A. Indian Penal Code, 1860—Section 376, Section 376(2)(j) and Section 511—Rape—Proof of penetration—Attempt to commit rape—Distinction—Victim, a 90-year-old woman suffering from advanced dementia, was incapable of making any statement and died during investigation—Sole eyewitness found accused on top of victim with trousers lowered and victim partially unclothed—Forensic evidence established presence of accused's semen on victim's clothing, but medical evidence did not prove penetration or genital injuries—Held, penetration, however slight, remains the indispensable ingredient of the offence of rape even after the expanded definition under Section 375 introduced by the Criminal Law (Amendment) Act, 2013—While penetration may be inferred from surrounding circumstances, suc...
A. Code of Criminal Procedure, 1973—Section 125—Hindu Adoptions and Maintenance Act, 1956—Section 20(3)—Maintenance—Major unmarried daughter—Merely because an application for maintenance by a major unmarried daughter was filed under Section 125 CrPC instead of Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956, relief cannot be denied where the Court otherwise possesses the jurisdiction to grant such relief—The Family Court, being competent to entertain proceedings under both enactments, rightly awarded interim maintenance, and no interference was called for. (Paras 6, 8, 9 and 15) B. Hindu Adoptions and Maintenance Act, 1956—Section 20(3)—Maintenance of major unmarried daughter—The statutory requirement for claiming maintenance under Section 20(3) is that the majo...
A. Arbitration and Conciliation Act, 1996—Section 9—Interim measures—Dispute arising out of licence agreement—Where the petitioner challenged a demand notice raising concession fee on the ground that the respondent had unilaterally increased the number of train coaches contrary to the terms of the licence agreement, the Court held that an arbitrable dispute existed between the parties and directed that the disputes be resolved through arbitration. (Paras 3, 5 to 8, 11 and 13) B. Arbitration and Conciliation Act, 1996—Sections 9 and 11—Arbitration agreement—Appointment of Arbitrator—In view of the arbitration clause contained in the licence agreement and the existence of disputes relating to the validity of the demand notice and enhancement of concession fee, the Court appointed a Sole Arb...