A. Indian Penal Code, 1860—Section 302—Appeal against acquittal—Scope of interference—Appellate Court may reappreciate evidence, but interference with acquittal is warranted only where the view taken is perverse, palpably erroneous or relevant and convincing evidence has been discarded on unsustainable grounds—Where the view taken is a possible view, mere possibility of another view is no ground for interference. [Paras 21–25]B. Indian Penal Code, 1860—Section 302—Circumstantial evidence—Complete chain—Each circumstance must be fully established, consistent only with guilt and conclusive in nature—All circumstances must form a complete chain excluding every reasonable hypothesis consistent with innocence—Failure to establish any material link beyond reasonable doubt defeats the prosecution case. [Paras 27–29, 83�...

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...