A. Penal Code, 1860—Section 302 r/w Section 34—Conviction—Converted to Section 304 Part I—Where the accused assaulted the deceased persons using the blunt side of weapons during a sudden altercation over land measurement, and no intention to kill was established, conviction under Section 302 IPC was held unsustainable—Held, in absence of intent to cause death but with knowledge that injuries could be fatal, conviction rightly converted to Section 304 Part I IPC. (Paras 8 to 15) B. Criminal Trial—Evidence—Sole Testimony of Related Witness—Medical Evidence Corroboration—Conviction can be sustained on the basis of the testimony of a related witness if found credible and corroborated by medical evidence—Though PW-1 was closely related to the deceased, his testimony was consistent...

A. Code of Criminal Procedure, 1973—Section 154—Quashing of FIR—FIR registered under Section 12 of the Prevention of Corruption Act, 1988 was quashed by the High Court—Allegations against accused A4 were vague, uncorroborated, and bore no connection to the alleged bribery transactions—A4’s presence at the scene was not established—Held, no cognizable offence was disclosed against A4; hence, quashing of proceedings was justified. (Paras 3 to 8) B. Prevention of Corruption Act, 1988—Section 12—Bribery Allegation—Judicial Scrutiny—Allegation of offering bribe to influence voting in MLC elections was based on vague and disconnected statements—Held, mere suspicion or unsubstantiated claims cannot justify continuation of criminal proceedings—Supreme ...

A. Indian Penal Code, 1860—Sections 302, 120-B, 143, 201—Acquittal of accused by High Court—Trial Court conviction based on conjecture, unproven motive theories, last seen evidence, and unreliable recoveries—Supreme Court upheld acquittal, holding no evidence beyond reasonable doubt against accused. (Paras 3, 22, 24, 32, 33, 38) B. Indian Evidence Act, 1872—Section 27—Recovery evidence—Blood-stained chunni recovered from accused’s house found unreliable and insignificant—No forensic link to crime established—High Court rightly discarded recovery as planted and irrelevant. (Paras 26, 32) C. Indian Evidence Act, 1872—Sections 65-B and 27—Call detail records—Prosecution failed to produce mandatory certificate under Section 65-B to prove electronic e...

Constitution of India—Article 233—Telangana State Judicial (Service and Cadre) Rules, 2023—Judicial Appointments—Recruitment of District Judges (Entry Level)—Validity of rule requiring seven years’ practice in the Telangana High Court or its subordinate courts upheld—Rule not violative of Article 233—Interpretation of "High Court" under Rule 2(k) confined to High Court for the State of Telangana, excluding practice in other High Courts—Retrospective application of 2023 Rules from 01.01.2023 held valid—As an exceptional measure, Supreme Court directed declaration of results and verification of credentials of certain candidates who qualified the exam—Appointments to be made without disturbing the 2023 Rules—No entitlement to arrears of salary; seniority to be ...

Penal Code, 1860—Sections 498-A, 377, 506 r/w Section 34—Code of Criminal Procedure, 1973—Section 482—Quashing of FIR—In-laws of complainant sought quashing of FIR alleging cruelty and harassment—FIR contained vague, general allegations with no specific role attributed to the appellants—No prima facie case under Section 498-A made out against in-laws—Allegations under Sections 377 and 506 directed solely against the husband—Supreme Court held that continuation of proceedings would amount to abuse of process—Reiterated that under Section 482 CrPC, FIR must disclose specific, prima facie offences; vague and omnibus statements are insufficient to proceed.  (Paras 8 to 12) Appeal Allowed. ...

Negotiable Instruments Act, 1881—Sections 138, 139—Dishonour of cheque—Presumption—Once signature admitted, presumption arises that cheque was issued for discharge of debt—Burden shifts to accused to rebut by raising plausible defence—Mere assertion of financial incapacity of complainant without evidence insufficient—Non-response to statutory notice adverse to accused—Defence of blank cheque for bank loan held improbable. ...

Civil Procedure Code, 1908—Order XXXVII—Summary Suits—Leave to Defend—Procedural Compliance Mandatory—In a summary suit under Order XXXVII CPC, the defendant must obtain leave of the court before filing any defence or reply—Filing a response without seeking leave is a procedural irregularity that vitiates the proceedings—The distinction between regular civil suits and summary suits must be strictly observed—High Court order permitting the defendant to file a reply without leave was held unsustainable—Liberty granted to parties to pursue remedies strictly in accordance with Rule 3 of Order XXXVII. (Paras 6, 9, 10) ...

A. Recruitment Rules—Applicability and Conflict—Assam Government Aided Junior College Management Rules, 2001 vs. Assam Secondary Education (Provincialisation) Service Rules, 2003—Where the recruitment process was initiated under the 2001 Rules for aided institutions, applying Rule 19(iv) of the 2003 Rules to invalidate the appointment is impermissible, especially when the recruitment advertisement did not specify the applicable rules—The resolution of the Governing Body and the Government’s exercise of discretion in condoning over-age of the selected candidate were upheld as valid—No illegality found in the appointment process. (Paras 2, 6) B. Service Law—Reinstatement and Continuity—Effect of Litigation—Upon successful challenge, the appellant was reinstated with continuity of...

A. Criminal Procedure Code, 1973 (CrPC)—Section 482—Inherent Powers of High Court—Quashing of proceedings—Abuse of process of law—Held, FIR or complaint allegations, even if taken at face value, do not constitute an offence or make out a case against accused, warrant quashing. (Para 11.1) B. CrPC, 1973—Section 482—Inherent Powers—Quashing—Maliciously instituted proceedings—When manifestly mala fide and motivated by private grudge or vengeance, including disputes essentially civil but cloaked with criminal colour. (Para 11.1(7)) C. CrPC, 1973—Section 482—Quashing—Abuse of process—High Court empowered to quash proceedings where initiated with malice, vexation, or where allegations are absurd or inherently improbable. (Para 17) D. Criminal proceeding...

A. Arbitration and Conciliation Act, 1996—Section 31(7)(a) & (b)—Interest on Arbitral Awards—Party Autonomy—Where the contract between the parties expressly stipulates interest at a specified rate (21% p.a.) from the date of disbursement until repayment, the arbitral tribunal is bound to award interest in accordance with such terms—Tribunal's discretion under Section 31(7)(a) is overridden by the parties’ agreement—Further claim for compound interest or additional post-award interest under Section 31(7)(b) is impermissible once interest till repayment is already awarded—Neither the tribunal nor the court has authority to rewrite or expand the award beyond the contractual framework. (Paras 25.3, 28–31) B. Execution of Arbitral Award—Scope and Limits—No Modifi...