Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — FIR registered under Sections 420 and 120B IPC — Parties entered into a settlement and implemented the terms of compromise — Respondent No.2 derived benefits from the compromise but failed to support the verification proceedings before the Magistrate — Held, once a compromise is acted upon and benefits derived thereunder, the complainant cannot back out from the settlement, and continuation of criminal proceedings in such circumstances amounts to harassment and abuse of the process of law — FIR and all consequential proceedings quashed. [Paras 9 to 12] ...

A. Indian Succession Act, 1925—Section 63—Evidence Act, 1872—Section 68—Proof of Will—A Will must be proved in accordance with the statutory requirements by examining at least one attesting witness who proves due execution and attestation—Examination of the scribe is not mandatory—Only genuine and substantial suspicious circumstances can displace an otherwise duly proved Will. B. Marriage and cohabitation—Presumption of valid marriage—Long and continuous cohabitation of a man and woman as husband and wife raises a strong presumption of a valid marriage, rebuttable only by cogent evidence—A testamentary bequest in favour of a person who resided with and cared for the testator is not invalid merely because the marital relationship is disputed. C. Customary law—Alienatio...

A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 483—Bail—Bail granted where the accused had remained in custody for over five months, possessed clean antecedents, investigation was complete, the FIR did not attribute any specific overt act or weapon to the petitioner, trial was unlikely to conclude within a reasonable time, and no material indicated risk of absconding, tampering with evidence or influencing witnesses. B. Criminal Jurisprudence—Bail—Governing principles—Grant of bail is the rule and refusal the exception—Presumption of innocence continues until conviction, and pre-trial detention cannot be used as a punitive measure—Undue incarceration of an undertrial is inconsistent with settled principles governing bail. C. Constitution of India, 1950—Article 21—Right...

A. Juvenile Justice (Care and Protection of Children) Act, 2015—Sections 15, 18(3) & 101—Trial as adult—Preliminary assessment—In cases of alleged heinous offences committed by a child aged 16 years or above, the Juvenile Justice Board must assess the child's physical and mental capacity to commit the offence, ability to understand its consequences, and the circumstances in which it was committed—Trial as an adult may be directed only upon satisfaction of these statutory requirements. B. Juvenile Justice (Care and Protection of Children) Act, 2015—Trial as adult—Determination under Sections 15 and 18(3) is confined to the statutory parameters of preliminary assessment—Considerations such as whether the case shocks the collective conscience or falls within the "rarest of rare&...

A. Transfer of Property Act, 1882—Section 48—Priority of transfers—Where the same property is conveyed by successive sale deeds, the earlier valid transfer prevails over subsequent transfers, provided the transferor had title and competence to execute the first sale deed—Later transferees acquire rights subject to the prior conveyance. B. Limitation Act, 1963—Article 59—Declaration of title—Suit seeking declaration that a subsequent sale deed is not binding on the plaintiff's pre-existing title is not necessarily governed by Article 59, particularly where no cancellation of the instrument is sought and the cause of action arises upon threat to the plaintiff's possession or title. C. Evidence Act, 1872—Burden of proof—Plea of exchange—Registered sale deeds reciting p...

A. Constitution of India, 1950—Articles 226 & 227—Writ of Mandamus—Regularization of service—Contractual Assistant Professor (Law) sought regularization with consequential benefits, asserting continuous service of over ten years after selection through a regular process and possession of prescribed UGC qualifications—Claim founded on performance of duties identical to those discharged by regular faculty members. B. Service Law—Regularization of contractual employees—Long and uninterrupted contractual service, discharge of duties equivalent to regular employees, and eligibility under the prescribed qualifications relied upon to seek consideration for regularization in light of principles governing regularization laid down by the Supreme Court and High Court—Entitlement to regularizatio...

A. Civil Procedure Code, 1908 (CPC)—Order VI Rule 17—Amendment of Plaint—Initial Stage of Proceedings—An application for amendment filed soon after submission of the written statement and before commencement of trial cannot be rejected merely on the ground of delay, and the Trial Court errs in treating such an application as belated. [Paras 12, 13] B. Civil Procedure Code, 1908 (CPC)—Order VI Rule 17—Necessity of Amendment—Amendments essential for determining the real controversy between the parties and for avoiding multiplicity of proceedings should ordinarily be permitted, provided no irreparable prejudice or injustice is caused to the opposite side. [Paras 11, 13] C. Civil Procedure Code, 1908 (CPC)—Order VI Rule 17—Amendment Based on Written Statement—Amendments necessi...

A. Constitution of India, 1950—Article 14—EWS Reservation—Administrative Delay in Issuance of Certificate—Candidates who applied for EWS certificates before the prescribed cut-off date cannot be denied reservation benefits merely because the certificates were issued later due to delays attributable to the authorities—Denial of such benefit, particularly when similar relaxations were extended to other reserved categories, amounts to arbitrary and discriminatory treatment violative of Article 14. [Paras 7, 17, 18] B. Recruitment Law—EWS Certificate—Cut-off Date—Exception to General Rule—Though EWS certificates are ordinarily required to be obtained on or before the last date of application, an exception is warranted where the candidate had applied within time and the subsequent delay ...

A. Constitution of India—Articles 226 & 227—Mandamus—Retiral Benefits—Retiral benefits withheld for decades on account of pending disciplinary proceedings were directed to be released with interest—The Court also ordered refund of illegally deducted rent and other recoverable amounts, holding that prolonged deprivation of retiral dues is unjustified and arbitrary. B. Disciplinary Proceedings—Inordinate Delay—Where criminal proceedings ended in acquittal and departmental inquiries remained inconclusive for several decades before being quashed, continued withholding of retiral benefits was held to be arbitrary, unreasonable, and contrary to principles of fairness and justice. C. Service Law—Retiral Benefits—Unadjusted Advances—Pensionary benefits cannot be withheld merely...

A. CrPC, 1973—Section 439—Object and Principles of Bail—The primary object of bail is to secure the accused's presence at trial and not to impose punishment or preventive detention—The presumption of innocence and the serious impact of pre-trial incarceration require that deprivation of liberty be justified only on reasonable, fair, and legally sustainable grounds. B. CrPC, 1973—Section 439—Factors for Grant of Bail—While considering regular bail, courts must assess the likelihood of the accused appearing for trial, roots in the community, the hardship caused by continued detention, and the absence of any real risk of absconding, tampering with evidence, or disturbing public order—Bail should ordinarily be granted where such risks are lacking. C. IPC—Sections 406, 420, 467, 4...