A. Criminal Procedure Code, 1973—Section 125—Maintenance—Suppression of material facts—Petitioner-wife suppressed fact of gainful employment earning Rs.18,000/- per month—Held, litigant must approach court with clean hands—Concealment of material facts disentitles claimant from maintenance—Relief rightly denied. [Paras 6–7] B. Criminal Procedure Code, 1973—Section 125—Maintenance to children—Petitioner No.2 married and Petitioner No.3 attained majority—Held, both not entitled to maintenance under Section 125 CrPC—Claim correctly rejected. [Para 7] Result: Petition dismissed—Maintenance denied. ...

Negotiable Instruments Act, 1881—Section 148; Code of Criminal Procedure, 1973—Section 389—Suspension of sentence—Deposit of compensation—While considering suspension of sentence in appeal against conviction under Section 138 NI Act, Appellate Court may impose condition of deposit of 20% of compensation under Section 148—However, such condition is not automatic and requires application of mind—Court must pass a reasoned (speaking) order considering whether exceptional circumstances exist to waive or modify such condition—Mechanical imposition without recording reasons is unsustainable—Matter remanded for fresh consideration. [Paras 5, 6, 7] ...

A. Regular Bail—Code of Criminal Procedure, 1973—Section 439—In a case involving offences under Indian Penal Code, 1860 Sections 420, 467, 468, 471, 120-B (cheating and forgery in a luxury vehicle transaction), bail was granted—The petitioner had been in custody for nearly 10 months, the trial was magisterial in nature, and its conclusion would take considerable time—There was no material indicating risk of absconding or tampering with evidence, making further detention unnecessary. B. Article 21—Article 21 of the Constitution of India—Speedy Trial—The Court emphasized that the right to speedy trial applies irrespective of the seriousness of the offence—Where the State cannot ensure a timely trial, continued incarceration becomes unjustified, and bail should ordinarily be granted. ...

A. Condonation of Delay—Land Acquisition Act, 1894 read with Limitation Act, 1963 Section 5—An extraordinary delay of 3952 days in filing the appeal was condoned by adopting a liberal and justice-oriented approach—The Court emphasized that in land acquisition matters, substantial justice must prevail over technicalities, especially where similarly situated landowners had already been granted enhanced compensation through a common judgment—However, to balance equities, condonation was made subject to denial of interest for the delayed period. B. Enhanced Compensation—Parity Principle—Under Sections 4, 6, and 18 of the Act, where land is acquired through the same notification and covered by a common judgment, all similarly situated landowners are entitled to equal compensation—Denial of such bene...

A. NDPS Law—Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 22, 25, 37—Bail (commercial quantity)—In a case involving recovery of commercial quantity of Tramadol, the Court held that the stringent conditions under Section 37 were not satisfied—Trial had commenced and some witnesses were examined, but no grounds existed to grant bail—Petition dismissed. B. NDPS Act—Sections 35 & 37—Bail considerations—Grant of bail requires careful evaluation of prosecution material, including role, knowledge, and control over contraband—Bail cannot be granted merely on the ground of prolonged custody or delay in trial without addressing statutory presumptions and prosecution allegations. C. NDPS Act—Section 37—Strict compliance—Offences involving commerci...

A. Criminal Procedure—Code of Criminal Procedure, 1973—Sections 320 & 482—Compounding vs quashing—Though offences like theft under Indian Penal Code, 1860 Section 379A are non-compoundable under Section 320 CrPC, the High Court can invoke its inherent powers under Section 482 to quash proceedings to secure the ends of justice—This power can be exercised even post-conviction where the dispute is essentially private and the compromise is voluntary and genuine. B. Section 482 CrPC—Post-conviction quashing—High Court may quash criminal proceedings after conviction where parties have amicably settled the matter and the victim has no objection, considering the nature of offence, surrounding circumstances, and to prevent abuse of process of law. C. Criminal Appeal—Compromise effect—...

A. Service Law—Armed Forces Tribunal Act, 2007—Section 30—Condonation of shortfall in service—The Armed Forces Tribunal condoned a shortfall of 10 months and 14 days in qualifying service and granted service pension—The High Court upheld the order, holding that courts must decide cases based on existing law and cannot defer adjudication due to pendency of matters before the Supreme Court unless specifically directed—Finding no perversity in the Tribunal’s order, the writ petition was dismissed. B. Pension—Qualifying service—Defence personnel—Eligibility for pension required 15 years’ service; the respondent had completed 14 years, 1 month, and 16 days—The Tribunal rightly condoned the shortfall relying on binding precedent permitting condonation up to one year&mdas...

Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 18 and 37 impose strict conditions for granting bail in cases involving commercial quantities of narcotic substances—Section 37 makes bail difficult because the court must be satisfied that the accused is not guilty and will not commit any offence while on bail—However, courts have recognized that the right to a speedy trial, which forms part of Article 21 of the Constitution of India, cannot be ignored—In cases of prolonged delay in trial and extended incarceration, continued detention may violate the accused’s fundamental rights—The court held that excessive pre-trial imprisonment effectively becomes punitive rather than preventive—Therefore, the strict rigors of Section 37 may be diluted when the trial is unduly delayed—Accordingly,...

A. Constitution of India, 1950—Articles 226 and 227—Judicial review—Petition filed challenging award of Permanent Lok Adalat granting compensation under insurance policy—High Court held that interference in writ jurisdiction is limited and permissible only where there is patent illegality or perversity—Reasoned award based on evidence does not warrant interference. B. Legal Services Authorities Act, 1987—Section 22C—Cognizance of disputes by Permanent Lok Adalat—Award passed either on settlement or merits is final and binding on parties and deemed to be decree of civil court—Permanent Lok Adalat empowered to decide dispute on merits if parties fail to arrive at amicable settlement. C. Insurance claim—Death of insured due to fall at home causing cervical injury—Insurer...

A. Motor Vehicles Act, 1988—Enhancement of Compensation (Sections 166 & 140)—Claimant sought enhancement of compensation awarded by the Motor Accident Claims Tribunal—Appeal dismissed due to failure to provide sufficient explanation for delay of 222 days in filing—Tribunal’s decision regarding contributory negligence and allocation of liability upheld—Compensation amount determined by the Tribunal found reasonable and justified. [Paras 7–15] B. Motor Vehicles Act, 1988—Contributory Negligence (Section 168)—Tribunal’s finding of contributory negligence in a head-on collision upheld—Drivers of both vehicles held equally responsible, and liability allocated proportionately between parties. [Paras 8–9] C. Limitation Act, 1963—Delay in Filing Appeal (Sect...