A. Civil Procedure Code, 1908—Order VI Rule 17 & Order VII Rule 11—Amendment and rejection of plaint—Where an application for amendment of the plaint seeks to cure defects relied upon in an application for rejection of the plaint, the amendment application ought ordinarily to be decided first—Rejection of the plaint without considering the pending amendment application is unsustainable. B. Civil Procedure Code, 1908—Order VII Rule 11—Rejection of plaint—Fraud—A plaint alleging that execution of a sale deed was procured by fraud, deception and false promises regarding payment of consideration discloses a triable cause of action—Such allegations cannot be rejected at the threshold merely on the basis of recitals in the sale deed, and the plaint must be read as a whole. C. Trans...

A. Narcotic Drugs and Psychotropic Substances Act, 1985—Section 37—Bail—Commercial quantity—In offences involving commercial quantity of narcotic drugs, bail can be granted only after the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of the alleged offence and is not likely to commit any offence while on bail, after affording an opportunity of hearing to the Public Prosecutor. B. Criminal Procedure Code, 1973—Section 50—Constitution of India, 1950—Article 22(1)—Grounds of arrest—The arrested person must be informed of the grounds of arrest to enable an effective defence—No particular format is prescribed, and substantial compliance with the statutory and constitutional requirement is sufficient unless prejudice is demonstrate...

A. Penal Code, 1860 (IPC)—Sections 302, 304 Part II, 300 & 299—Murder v. culpable homicide not amounting to murder—Appellant assaulted deceased with a bamboo strip in an intoxicated state after refusal to supply liquor—No premeditation or deadly weapon used, and deceased succumbed to injuries two days later during treatment—Held, circumstances disclosed knowledge that death was likely, but not intention to cause death or such bodily injury as was sufficient in the ordinary course of nature to cause death—Conviction altered from S. 302 IPC to S. 304 Part II IPC—Convictions under Ss. 323 and 341 IPC affirmed—Sentence reduced to period already undergone. B. Evidence Act, 1872—Hostile witness—Evidentiary value—Testimony of hostile witnesses not liable to be rejected in t...

A. Service Law—Regularization—Casual/Part-Time Labourers—Educational qualification—Petitioners engaged as Part-Time Casual Labourers sought regularization under the CBIC Part Time Casual Labourers (Regularization) Scheme, 2020—Claim rejected for lack of prescribed matriculation qualification—Held, after abolition of Group-D posts, regularization could only be against Group-C posts requiring matriculation as the minimum eligibility—Absence of essential educational qualification constituted an incurable defect affecting eligibility, rendering appointment illegal and not merely irregular—Tribunal rightly declined regularization. B. Service Law—Illegal and irregular appointments—Distinction—Appointment made without possessing the prescribed educational qualification held to ...

A. Hindu Marriage Act, 1955—Section 9—Restitution of conjugal rights—Proof of marriage and withdrawal from society—Wife established marriage through oral evidence corroborated by public documents including voter lists, Aadhaar card and voter ID showing husband as spouse—Husband's complete denial of marriage unsupported by credible evidence—Held, documentary evidence, though not conclusive, constituted reliable corroborative proof—Decree for restitution rightly granted. B. Evidence—Appreciation of evidence—Wife's testimony regarding cohabitation and subsequent expulsion on account of husband's illicit relationship supported by independent witnesses—Husband failed to rebut evidence by any convincing material—Findings held based on proper appreciation of evidenc...

A. Penal Code, 1860—Sections 307, 353 & 412/34—Arms Act, 1959—Sections 25(1-B), 26 & 27—Criminal Law Amendment Act—Section 17—Conviction—Mere presence of the accused at the place of encounter and her marital relationship with a co-accused extremist, without proof of any overt act, conscious possession of arms, or active participation in the unlawful activities of the banned organisation, held insufficient to sustain conviction. B. Criminal Trial—Appreciation of evidence—Conviction cannot rest on suspicion, association or relationship alone—Prosecution must establish active involvement and guilt beyond reasonable doubt through reliable evidence. C. Evidence—Improvement in testimony—Material improvements made by a prosecution witness during cross-examinati...

A. Penal Code, 1860—Section 304 Part II—Culpable homicide not amounting to murder—Conviction sustained where death was caused by fist blows resulting in rupture of the spleen and laceration of the lung—Internal injuries established that the accused had knowledge that the assault was likely to cause death, attracting Section 304 Part II IPC. B. Evidence—Ocular and medical evidence—Credible eyewitness testimony, duly corroborated by medical evidence and the deceased's oral dying declaration to family members, held sufficient to establish the prosecution case—Absence of external injuries not fatal where internal injuries clearly established the cause of death. C. Criminal Trial—Delay in lodging FIR—Delay of three days in registration of the FIR satisfactorily explained by attemp...

A. Chhotanagpur Tenancy Act, 1908—Section 71-A—Restoration proceedings—Restoration application instituted after an inordinate delay of about forty years from the original transaction held not maintainable, the power under Section 71-A being required to be exercised within a reasonable period. B. Chhotanagpur Tenancy Act, 1908—Section 71-A—Constructive res judicata—A second restoration proceeding filed after an earlier restoration case had attained finality, without challenging the earlier order, is barred by the principle of constructive res judicata and cannot be entertained. C. Constitution of India, 1950—Article 226—Writ of certiorari—High Court may interfere with concurrent appellate and revisional orders where material questions relating to limitation and constructive res ju...

A. Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949—Sections 4(ix), 5 & 6—"Khas" and "Pradhani" villages—Classification of a village as "Khas" or "Pradhani" depends upon its existing statutory status and whether a hereditary headman is in office for the time being—Historical existence of a hereditary Pradhan alone does not permanently determine the character of the village. B. Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949—Appointment of Pradhan—Where no hereditary succession took place after the death of the last hereditary Pradhan and official records consistently treated the village as a "Khas" village for several decades, a subsequent claim of hereditary succession cannot revive "Pradhani" status. C. He...

A. Penal Code, 1860—Section 306—Abetment of suicide—Ingredients—Mere matrimonial discord, allegations of extra-marital relationship, or breach of a promise to improve marital conduct do not by themselves constitute abetment of suicide—Prosecution must prove intentional instigation, active aid, or creation of circumstances leaving the deceased with no reasonable alternative except suicide, with a proximate nexus to the act. B. Penal Code, 1860—Section 306—Appreciation of evidence—Evidence showing continued marital and parental relationship, deceased's serious medical condition, and prior suicide attempt failed to establish that the accused's conduct directly drove the deceased to commit suicide—Essential ingredients of abetment not proved. C. Criminal Appeal—Acquitta...