Criminal Procedure Code, 1973—Section 397—Revisional Jurisdiction—Scope and Limitations—Under Section 397 CrPC, the High Court’s revisional jurisdiction is limited and not appellate in nature—It is empowered to correct patent errors, jurisdictional defects, or errors of law apparent on the face of the record—The court cannot reappreciate evidence unless the order under revision is perverse, arbitrary, or based on gross misappreciation or non-consideration of relevant material—Mere possibility of another view does not justify interference. (Points A, B, F) Indian Penal Code, 1860—Section 447—Criminal Trespass requires proof that the accused entered property with intent to commit an offence or to intimidate, insult, or annoy the lawful possessor—Mere unlawful entry without...

A. Himachal Pradesh Land Revenue Act, 1954—Section 163-A—Constitutionality—Provision enabling regularisation of encroachments on Government land declared unconstitutional—Held to be fundamentally flawed and in direct contradiction with the statute’s objective of preventing and removing illegal occupation of public land—Legalising such encroachments undermines rule of law and encourages deliberate illegality. (Paras 30, 31, 32, 33, 46(1)) B. Constitution of India—Article 14—Equal Protection of the Laws—Regularisation of encroached land creates an impermissible parity between law-abiding citizens and encroachers—Classification allowing benefits to those who violate land laws found arbitrary and discriminatory—Equality cannot be claimed to perpetuate unlawful acts. (Paras 3...

A. Employees’ Compensation Act, 1923—Section 30—Appeal by Insurer—The insurer cannot evade liability for compensation solely on the ground that the deceased driver’s licence was not produced, especially where the insurer failed to adduce any evidence establishing breach of policy terms. (See Paras 16, 35, 37) B. Employees’ Compensation Act, 1923—Section 2(dd)—Definition of 'Employee'—A person employed as a driver squarely falls within the statutory definition of an employee under the Act. (Refer Para 32) C. Employees’ Compensation Act, 1923—Section 2(e)—Definition of 'Employer'—The term ‘employer’ includes not just the principal employer, but also one to whom the services of an employee are temporarily lent or hired out. (See Pa...

A. Civil Procedure Code, 1908—Order 8 Rule 1-A(3)—Late Production of Documents by Defendant—A party seeking to introduce documents after the filing of the written statement must satisfy the court with valid reasons for prior non-production and must clarify whether such documents were within their possession or power. In absence of such disclosure and justification, the application is liable to be rejected. (Refer Paras 2, 5, 8) B. Constitution of India, 1950—Article 227—High Court’s Supervisory Role—The High Court, while exercising jurisdiction under Article 227, is not expected to function as an appellate authority. Its interference is warranted only where there is a patent perversity or jurisdictional error. If the subordinate court’s view is reasonably possible based on the material av...

Penal Code, 1860 (IPC)—Sections 191, 193—The petitioner challenged the order dated 3.4.2025 passed by the Family Court, Sundernagar, rejecting his application for registration of an FIR against the respondent-wife for allegedly filing a false affidavit regarding her income and residence in proceedings under Section 125 CrPC—The Trial Court held that no cognizable offence was disclosed and declined to invoke Section 156(3) CrPC, citing the bar under Section 195(1)(b)(i) CrPC, which mandates that offences like perjury (Sections 193, 199 IPC) committed in court proceedings can only be prosecuted on a complaint by the concerned court—Relying on Supreme Court and High Court precedents, the High Court upheld that no FIR could be registered as the offences were non-cognizable and court action under Section 340 CrPC was no...

Himachal Pradesh Land Revenue Act, 1954—Section 17—This writ petition challenging the order of the Financial Commissioner (Appeals) under Section 17 of the Himachal Pradesh Land Revenue Act, 1954, the Court examined the scope of revisional jurisdiction and the validity of appointment of Lambardar of Village Jankaur, Una—The petitioner, Sanjay Kumar, contested the appointment of Kamal Singh by the District Collector, which was initially set aside by the Divisional Commissioner, Kangra, and led to a subsequent appointment of Sanjay Kumar as Lambardar—Kamal Singh’s revision before the Financial Commissioner (Appeals) resulted in reinstatement of his appointment, which prompted the present petition—The Court emphasized that the revisional powers of the Financial Commissioner are limited to correcting illega...

Motor Vehicles Act, 1988, Section 173 empowers appellate courts to review awards made by Motor Accident Claims Tribunals, particularly regarding the quantum of compensation—This case addresses whether the Tribunal’s compensation was excessive or inadequate, emphasizing a balanced approach to assessing notional income and future prospects, especially for a student victim—The court considers the disparity between minimum wages and the potential earnings of an engineering graduate, underscoring the need to assess realistic future income rather than statutory minimums—The application of multipliers for future attendant and medical expenses must be rational and not arbitrary, ensuring fair compensation without overestimation—The assessment of damages includes pecuniary losses like loss of earning capacity, and non...

Criminal Procedure Code, 1973—Section 482—Negotiable Instruments Act, 1881—Section 138—Quashing of Proceedings—Scope and Limitations—The Supreme Court reaffirmed that the power under Section 482 CrPC to quash criminal proceedings must be used sparingly to prevent abuse of process or to secure the ends of justice—The illustrative grounds for quashing include absence of prima facie case, absurdity of allegations, legal bar, or mala fide intent, but factual disputes should be left to trial—Availability of an arbitration clause does not bar proceedings under Section 138 of the NI Act, as criminal liability is distinct from civil remedies—A cheque issued as “security” can still attract Section 138 if dishonoured upon default of payment—The presumption of consideration unde...

(A) Negotiable Instruments Act, 1881, Section 138 — Complaint for Dishonour of Cheques — Scope of Section 138 NI Act — Maintainability Despite Absence of Principal Debtor — The petitioners sought quashing of a complaint filed under Section 138 of the Negotiable Instruments Act, 1881, arguing that the transaction was civil in nature, the cheque was issued merely as security, and the complaint lacked territorial jurisdiction and a necessary party — The Court rejected these contentions and reaffirmed that even a cheque issued as security, if dishonoured, can attract penal consequences under Section 138 — The existence of a legally enforceable debt or liability is a matter of trial and not a ground for quashing — The absence of the principal debtor in the complaint does not render it non-maintain...

The State’s appeal under Section 100 CPC challenging the decree affirming plaintiff’s adverse possession over Government land was dismissed—Plaintiff’s husband occupied the suit land since 1963, with peaceful, continuous, and hostile possession acknowledged by revenue records and the State—The Supreme Court’s ruling in Ravinder Kaur Grewal v—Manjit Kaur (2019) was applied, holding adverse possession is heritable and possession can be tacked—After the husband’s death, the plaintiff’s possession continued, entitling her to claim title by inheritance of adverse possession—The State’s objection under Section 171 of the Himachal Pradesh Land Revenue Act, limiting Civil Court jurisdiction over revenue records, was addressed—Section 171 excludes jurisdiction except as ...